RIAA Admits They Accused Someone By Mistake... But They're Still Watching Her

from the whooooops dept

A little more evidence that the RIAA's subpoena-and-sue strategy has been a bit hasty. They've now admitted that one of the lawsuits they filed was a mistake (ooops, sorry about that) and there's no evidence the woman in question shared any music files. They've therefore dropped the lawsuit against the 66-year-old sculptor who doesn't even seem sure what file sharing software is - and is unlikely to have been sharing hardcore rap songs, as the RIAA contended in the lawsuit they filed against her. The RIAA's lawyers don't seem particularly apologetic about the mistake, saying: "Please note, however, that we will continue our review of the issues you raised and we reserve the right to refile the complaint against Mrs. Ward if and when circumstances warrant." How nice of them. Couldn't the RIAA now be accused of filing frivolous lawsuits?

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  1. identicon
    Peter F Bradshaw, 24 Sep 2003 @ 9:28am

    Re: Dynamic IP Addresses

    I'm not sure of the legal requirements but most ISPs keep info about their IP pool for a couple of days for administrative purposes.

    As I understand it the RIAA collects evidence of a file sharing event at a certain time (Zulu) and then determines who owns that number. This will give them the ISP. They then subpoena the ISP for a name / email addr. for that time. Note that the RIAA has no direct access to the actual logs since they contain much info which they have no right to see (even under the DMCA).

    This raises a question of evidence. I would think that at the time of the trial (assuming no settlement) the RIAA would need to prove the relationship between the IP number and the user. Presumably that meens that the origional logs have to be used as evidence. Does this meen that the ISP is required to keep these for that time. An, if so, how does the court know that they have not been tampered with. These are the real questions.

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