Last fall RIAA got a big win in the courts when Jammie Thomas was ordered to pay over $200,000 in fines just for “making available” music downloads for sharing. Recently, the judge in that case said that he was considering giving that trial a second chance because nationwide cases indicate that solely making the files available for distribution (with no proof that they were actually distributed) isn’t actually a crime. A group of lawyers has submitted a brief for the judge’s review which does indeed suggest that a new trial should be granted because of this issue. This doesn’t mean that Thomas would be in the clear; she could still be found in violation of copyright infringement even if a new trial is granted but she would get a second chance to prove her side of the case. In the meantime, RIAA continues to target college students in suits it thinks it can win but is increasingly likely to drop cases where the win isn’t so clear.