By Jon Newton 8/14/03
A Sacramento attorney plans to file a motion on behalf of a file sharer in Washington US District Court, says an August 13 USA Today story. It will be the first legal action by someone targeted in the RIAA's sue 'em all campaign.
"The argument is a new one in the increasingly contentious battle over the blizzard of subpoenas being served to colleges and Internet service providers," says the piece, by Mike Snider.
"Just because a user's PC has music files stored within a peer-to-peer file-sharing program doesn't mean the user is illegally distributing copyrighted material, says attorney Daniel Ballard. Distribution implies sending, rather than leaving something where it may be taken, he says."
This brings another dimension to the fight, the story quotes EFF (Electronic Frontier Foundation) lawyer Fred von Lohmann, as saying. "Actual subscribers have a perspective that has so far been absent."
Ballard will file a "Jane Doe" case for a user whose personal information has
been subpoenaed "It is an assumption they (the RIAA) are making," says the piece.
"The RIAA wouldn't comment before the motion is filed but said it asked the court to force ISP Verizon to turn over the user's information, after which it would discuss any issues with the individual," it adds.
Jon Newton is the editor of p2pnet.net and is a regular contributer to MP3 Newswire. Jon's site is devoted to the politics of digital music and his insights as well as those of his co-writers can be read there. We urge you to explore it.
The 128MB Philips PSA MP3 player for the gym is available on Amazon
Other MP3 stories:
Gateway Digital Music Player
Copyrights: Two-thirds of Adult File Traders Couldn't Care Less.
Rumor: The iPod Movie Player