As I noted on another thread -- how is it that these guys can keep filing frivolous lawsuits without ever drawing a cease-and-desist order?
Theoretically, there's supposed to be one law for the RIAA and the guy who thinks that the CIA is beaming mind control rays at his head, and yet only the latter ever seems to get told, "sorry, you've wasted enough of the sytem's time with your lawsuits -- go away and never come back".
They have very deep pockets. It allows them to file cases, and it also allows them to shop for judges.
I think we'd have to establish a larger pattern first, that is, more people willing to fight and win in the early stages due to a lack of evidence. And the RIAA has it set up so that the average person can't kill it so quickly.
Unfortunately, it takes a LOT to get a court to stop hearing cases from someone, and the RIAA is taking this to so many different jurisdictions that it would take losing hundreds of these for even a majority of the courts to start sanctioning.