A Los Angeles-area Web designer has emerged as the second person to challenge a recording industry file-swapping lawsuit, saying that the record labels appear to have made a mistake in identifying him. Playa del Rey, Calif., resident Ross Plank has enlisted the help of the Electronic Frontier Foundation, an online civil liberties group that has been a vocal critic of the recording industry’s lawsuits. The Recording Industry Association of America sued Plank in June as part of a wave of 261 lawsuits it filed against individuals who allegedly offered large amounts of copyrighted music for download through file-swapping networks such as Kazaa.
Plank said he has several kinds of proof. Among other things, he said the Internet address the RIAA linked to his file swapping doesn’t match the routing information that’s contained in numerous e-mails he sent during the period the group said he swapped. He also said he wouldn’t likely listen to songs the labels said he shared, which include a large number of Spanish-language titles. “If they had done some further checking before they sued, it seems like they might have been able to catch this mistake,” Plank said. “It’s pretty obvious that this has to be someone else.”
Source: Cnet
