The RIAA took a few punches this week with the news that a US federal judge has shot down the claim that simply making songs available for free music download on filesharing networks counts as distribution.

The RIAA has been steamrolling ahead with suing anyone and everyone accused of filesharing under the impression that making tracks available is enough to get a court verdict in their favor. This all seems to be changing.

Pamela and Jeffrey Howell are accused of making tracks available over the filesharing network Kazaa. They were originally ordered to pay $40,000 in damagers, but after an appeal, the case will now go before a jury after the judge overturned the initial decision.

The “making available” argument has typically been a big weapon in the RIAA’s battle against filesharing. The RIAA responded by calling the decision strange and against hundreds of other filesharing rulings in the US.

Might be a sign of things to come.