Wired.com’s Threat Level blog is reporting that the judge in the only file sharing case to actually go to court is holding a hearing today on the issue of “Implied” copyright infringment, or the act of making copyrighted files available, where the copyright holder has no actual evidence that they were actually downloaded.

According to the article “The RIAA and the Motion Picture Association of America have told the judge that it’s impossible to know whether others had downloaded copyrighted music from Thomas’ Kazaa share folder.”

Supposing the judge rules that the RIAA needs to have actual proof that the files were downloaded, what would that mean for current file sharing protocols?

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