A federal judge's decision declaring a mistrial in the nation's only peer-to-peer file sharing case nullified an almost foolproof method for the recording industry to prevail in cases and replaced it with another. U.S. District Judge Michael Davis said "making available" music in an open Kazaa share folder is not copyright infringement. But Davis said music the recording industry downloads from somebody's share folder is evidence of infringement. The industry makes downloads in every case. ...