EFF filed an amicus brief in Atlantic v. Howell an Arizona lawsuit brought as part of the RIAA's national campaign against individuals for file-sharing. Although the case also received attention over the issue of whether CD ripping is legal the main event in the case was about something different: can the RIAA sue people for attempted copyright infringement?
EFF's brief says no as have several courts. The district court agreed on April 29 2008 in an order denying the recording industry's motion for summary judgment on the "making available" distribution issue.
In August 2008 the record industry plaintiffs prevailed against Mr. Howell based on their allegations that Mr. Howell destroyed necessary evidence before trial.