The Recording Industry Association of America's (RIAA) aggressive campaign against its customers has most recently relied heavily upon the "making available" argument. The RIAA has argued that the act of making a recording available on a peer-to-peer (P2P) network was a crime, even if nobody actually linked to or downloaded the files. In October 2007, judge Michael J. Davis ruled
in Capitol Records v. Thomas
that the labels did not
need to establish that the songs Ms. Thomas loaded to her KaZaa account were downloaded by others. Ms, Thomas was held liable for $220,000 in penalties.