Accused File Trader Suing RIAA – Claims Sharing Not Distribution
from the interesting-legal-tactic dept
In all the legal accusations flying back and forth over the RIAA’s plans to sue everyone they possibly can, none of the individuals who have been subpoenaed have filed counter lawsuits against the RIAA. That’s about to change. A lawyer in California is getting ready to file a lawsuit on behalf of one such user with a slightly different argument that has been seen before. He says that just because a user has a particular file available for sharing, that doesn’t mean the file was actually shared. In other words, since the RIAA doesn’t have actual proof that the individual distributed the file, then they have no case. It’s a fine line – and I doubt a judge will see it that way. The RIAA will (I’m sure) respond that just making the file available is the equivalent of distribution, by itself.