The Electronic Frontier Foundation (EFF) has come to the aid of one Ross Plank - a man the recording industry accuses of having an unhealthy love for Latin music.
Plank, of Playa Del Rey, California, is one of the 261 alleged file-traders to face a lawsuit from the RIAA's (Recording Industry Association of America) legal arm. The music labels claim that he made hundreds of Latin song available via the KaZaA service. The problem, however, is that Plank does not have a love for the Latin groove.
"Plank does not speak Spanish and does not listen to Latin music," the EFF said in a statement. "More importantly, his computer did not even have KaZaA installed during the period when the investigation occurred."
Plank would not be the first victim of a RIAA legal misfire. The pigopolists last month withdrew their lawsuit against a 66-year-old woman after discovering that she uses a Mac and cannot run KaZaA.
A self-employed Web consultant, Plank is a tad hacked off at the RIAA's threaten now and check the facts later legal strategy.
"I need my computer and Internet connection to run my business," he said. "I shouldn't have to feel my business and future are at risk because the RIAA has somehow linked my name to a set of Latin songs."
The EFF along with US Senator Norm Coleman are calling for new legislation that would cut the amount of damages the RIAA can seek against file-traders and call for a judge - a not a clerk - to review subpoenas seeking individual's information. ®
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