The Arizona Republic has a good article regarding the first piracy trial that’s now going back to court to establish if merely "making available" is a crime.

Vivendi SA's Universal Music Group and other record labels urged a judge to let stand the $222,000 jury verdict against Jammie Thomas, the first person to go to trial to challenge online music-piracy claims.

"There has been no evidence provided in this trial, since Day 1, that anyone, other than MediaSentry downloaded songs," Toder said at the hearing.

Davis in May said he may have committed a "manifest error of law" by instructing jurors that simply making music files available on file-sharing networks is the same as actually distributing them to other people. Lawyers and intellectual-property rights activists on both sides of the dispute refer to the legal question as the "making-available" theory.

While a new trial has not been ordered yet, we are thinking that there is a good chance of seeing one.

In April, U.S. District Judge Neil Wake in Phoenix rejected the music industry's argument that Pamela and Jeffrey Howell infringed copyrights by making songs available through Kazaa, a computer program that allows for file-sharing.