The only real victory the RIAA has ever scored in the courts may turn out to be nothing at all. The Judge who presided over the case has had a change of heart regarding the instructions he gave to the jury, and is now claiming he is considering a mistrial. Claiming he should make a decision within the next two months, going back and changing the fate of Jammie Thomas is a follow-up to earlier developments in which the Judge admitted he made a mistake in interpreting the law.
As a result, the RIAA's “making available” theory is taking even more of a hit, and now might end up being just one more dead end for them. The RIAA, of course, is urging the Judge to not lift another finger in the case. Though this case is dragging on, it is proving to take some interesting twists and turns, and the end result will have a strong impact on other similar issues going on today.