Following in the footsteps
of the MPAA, the RIAA has now filed its response in the Jammie Thomas case
, claiming again that actual proof of distribution doesn't make sense: "Requiring proof of actual transfers would cripple efforts to enforce copyright owners' rights online." See, there's just one problem with this. The law isn't designed to make it easy to enforce copyright owners rights. It's designed to make sure that only the guilty party is actually blamed for breaking the law. So the fact that it's "difficult" shouldn't sway the judge.
Furthermore, while the discussion here was supposed to focus on whether or not "making available" is infringement, it looks like the RIAA decided to pull in a bunch of other arguments as well
, noting that Thomas downloaded many of the songs in her folder (yet, the case was about uploading, not downloading), and that none of it matters because the RIAA actually does have proof of distribution (in the form of Media Sentry downloading the files). Again, though, those points are not what's up for debate here. So, once again, we have the RIAA trying to cloud the issue. Oh yeah, and, of course, the RIAA can't resist using its bogus arguments
that international treaties require US courts to treat making available as distribution. That's an incredibly weak argument, based on the idea that these treaties, often written by the industry, and approved by diplomats who don't understand what they really mean, should be binding over what the law actually says.