In the article, the 12 year old said she never keeps the download, rather just listens and deletes. Is that a crime are is that quite similar to the library analogy? Doesn't the RIAA have to prove that the download was kept and used a separate copy?
They've got a great case going against anyone that downloads and sells the stuff, not against those that never remove it from their computer.
Why would that be any different from listening to the same song on the Radio? Blackbird.