The RIAA has also taken it's fight to the owners and operators of P2P networks. In a "post-Grokster" technology world, the RIAA has sent cease and desist letters to several major P2P companies demanding co-operation under the Supreme Court Grokster ruling. Under the press several companies have reacted in different ways but only time will show how effective the RIAA threat will be.
As for legal action taken against file sharers, it will be interesting to see a case go to court. It has been asked ever since the first RIAA suit was filed whether or not the RIAA really holds enough evidence against an account holder at an ISP to sustain a lawsuit. Is an IP address enough proof? how does it prove the account holder, or the immediate family of the account holder actually infringed copyright? How does it prove that the computer of the defendant did not fall victim to malicious crackers/software that forced the PC to act as a proxy between the real source of copyright music and the downloaders OR that the machine was intentionally turned into a sort of super music-sharing machine.
Like it or not, these things happen everyday. The practice of hijacking machines to turn them into file servers is nothing new. There are so many questions from a legal point of view that only a proper court case will give us an ultimate answer.
Source:
p2pnet