A Boston judge has just followed up on the previous NY judge ruling that just making files available isn't enough to constitute copyright infringement. According to the EFF, it's the most "extensive analysis yet of the recording industry's 'making available' argument", but doesn't actually make things better for people who are being sued by the RIAA. The same judge ruled that even though the "offer to distribute" won't be enough to decide a case, it is enough to permit a lawsuit to move forward. On the other hand, another NY judge has ruled in the opposite manner, that making an "offer to distribute" could violate copyright, even if nobody downloaded whatever you put up. [EFF via Boing Boing]

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