New York - A federal judge in New York has ruled that a user's "making available" of songs or other copyrighted files using file-sharing software does not in and of itself construe infringement, in what could prove to be a setback in the record industry's legal campaign against such activities, CNET News.com reported.

"Plaintiffs' allegations -- insofar as plaintiffs wish to hold defendant liable for acts of infringement other than actual downloading and/or distribution -- fail to state a claim," U.S. District Judge Kenneth Karas wrote in a ruling Monday in Elektra v. Barker.

The Recording Industry Association of America (RIAA) will now have to provide evidence that actual infringement took place, or that the defendant made an "offer to distribute, and that the offer to distribute was for the purpose of further distribution, public performance or public display," according to Karas' ruling.

The New York ruling on the RIAA's "making available" argument on infringement is also being challenged in an appeal that will be heard by the 8th Circuit, in the case of Jammie Thomas.

Back in October, Thomas was the first person to be convicted using the "making available" legal theory, and is appealing the $220,000 verdict lodged against her.

Related Links:
http://www.news.com/8301-13578_3-9908353-38.html

http://snipurl.com/23b51 (Recording Industry vs. the People)