RIAA: How it Catches File Sharers

"How It Does It: The RIAA Explains How it Catches Alleged Music Pirates"
http://chronicle.com/free/2008/05/2821n.htm

Take note of the fact that this process cannot identify a difference
in "making available" and actual distribution. Recent court decisions
have brought into question the legality of infringement suits against
persons for simply making their collections available for download.
If the files aren't actually distributed, is this infringement? We
will wait for the courts to decide.

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