BigChampagne's Ultimate Chart (a/o February 10th):
1. “What Doesn't Kill You (Stronger),” Kelly Clarkson
2. “Set Fire to the Rain,” Adele
3. “Turn Me On,” David Guetta
4. “Rack City,” TYGA
5. “Good Feeling,” Flo Rida
6. “Smooth Criminal (Glee Cast Version),” Glee Cast
7. “Young, Wild & Free,” Snoop Dogg & Wiz Khalifa
8. “Domino ,” Jessie J
9. “Sexy and I Know It,” LMFAO
10. “Ass Back Home ,” Gym Class Heroes
The RIAA has quietly dropped a two-year file-swapping lawsuit, a development that intensifies questions related to its methods for identifying and prosecuting individual file-sharers. The case, Warner v. Cassin, was voluntarily dropped without explanation, though attorney Ray Beckerman pointed to a potential challenge of its "making available" infringement methodology.
The RIAA has traditionally argued that merely making content available online constitutes infringement. The group frequently identifies and plucks files from an open file-sharing folder to prove its point, an induced upload that has received some scrutiny in the courts. That includes the case against Joan Cassin, according to Beckerman. "Substantial briefing had taken place in the case over the 'making available' issue, and further rulings were brought to the court's attention on the subject," Beckerman explained. That includes Atlantic v. Howell and Capitol v. Thomas, as well as a collection of other cases.
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