The RIAA seems so positively offended that its "making available" theory keeps getting rejected by courts that it's willing to object to just about anything.
As you probably know, the RIAA's only "win" in a full trial was declared a mistrial, after the judge realized he had made a "manifest error of law" in incorrectly instructing the jury that simply making a file available in a shared folder was the equivalent of "distribution" under copyright law.
The judge then ordered a new trial.
Threat Level