A New York woman is taking on the RIAA. Lawyers for the woman are fighting the subpoena requesting her name and address from her ISP.
Lawyers are now asking a federal magistrate to delay ordering her internet service provider to turn over her name and address to the RIAA, in preparation for filing a lawsuit.
The RIAA has accused her of offering more than 900 songs by the Rolling Stones, U2 and Michael Jackson, and at least one movie, Pretty Woman.
Her defense is that the RIAA is not an official law enforcement agency, nor are they affiliated with any, thus their search of her files was illegal.
Their search of her files violated the Internet Privacy act(Someone quoted me several titles the other day in a conversation).
The RIAA will act like their own enforcement agency as long as they can get away with it. Do you know how they get away with it? Most people tend to settle out of court, thus lending an air of legitimacy to their mob antics. See. that person settled, so they must have been guilty! Well, most people settle because they know that the RIAA could bury them in a decade worth of legal proceedings and bankrupt them in a heartbeat. Which only proves that justice in North America is really only available to the one with the bigger bank account.
If she would have been infected by a trojan horse or something, It could be someone else that downloaded all that stuff through her computer.
If there are no MP3's to be found there is no actual proof that it was that friend (as far as I know)
As most countries and as far as I know the USA aswell it's still innocent until proven otherwise. Maybe the downloading was done with the IP of your friend but it could have been a scriptkiddie/hacker that abused the friend's computer. So as I look at it the RIAA will have to proof that it was your friend, if there are no MP3's to be found I couldn't imagine how they could proof it.
