Ross Plank, one of the 261 people on the sue 'em all subpoena hit-list, was accused by the record labels' RIAA of making hundreds of Latin songs available on KaZaA. But Plank doesn't speak Spanish, doesn't listen listen to Latin music - and didn't even have the p2p app on his computer.

Plank is from Playa Del Rey, California, and the federal lawsuit filed against him in Los Angeles accuses him of, "making hundreds of Latin songs available using KaZaA filesharing software earlier this summer," says the EFF, which has taken up his case.

"I need my computer and Internet connection to run my business," says Plank. "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."

Comcast, Plank's ISP, notified him that they received a subpoena from the recording industry seeking his identity, but Plank disregarded the notice because he didn't didn't use KaZaA and didn't even recognize the song titles, says the EFF. Plank's records from the time at which the RIAA issued its subpoena indicate that he wasn't even using the network address for which the recording industry had sought the user's identity.

"Whether the error was made by Comcast or the RIAA, the issuance of a federal complaint on such slim evidence demonstrates the serious flaws in the Recording Industry's litigation campaign," says Wendy Seltzer, the EFF staff attorney representing Plank.

"It's not fair to hold people like Mr Plank as collateral damage in the RIAA dragnet. If the labels don't dismiss the complaint, we'll look forward to discovery into how they made this misidentification in the first place."

It is better to destroy numerous innocent people than to let one guilty person go free.

And when Norm Coleman said he was pleased with the report he recieved discussing safeguards against suing innocent people, Norm Coleman was a fool.

does he not speak english, or does he not speak spanish?

I would have to say that this is sad, but needed to show the ultimate flaws. They are currently out of 261 ppl got it wrong on 2 of them that i know of, which means that is not a low percentage. If there are more, something will happen.

Ooops. ahem, cough cough. Doesn't speak Spanish. Thanks nyer28.

he doesn't speak spanish. somebody screwed up. see : http://www.eff.org/IP/P2P/20031014_eff_pr.php

spray the crowd with buckshot and maybe we'll get the bad guys

These poor people...
Seriously, one of the (few?) things this country stands for and is respected for is the Bill of Rights. The fact that you are awarded due process under all circumstances set America apart from the rest of the world when it was first introduced. Although we've had our momentary lapses in justice (OJ Simpson?), I would like to think this country still stands for that. We don't quarter troops in people's houses, we don't search and seize without a warrant, and we don't limit free speech - even if the very words we are protecting makes our blood boil. We hold this truth to be self-evident -- the RIAA are violating the very core components of this nation's Constitution. I may not always be patriotic, but I think it's sad that innocents are being hit in a dying company's crossfire.
The laws need to change. The DMCA that they stand on needs to be hacked out from underneath them.

I say we have a letter writing campaign from now until Halloween. We NEED to get politicians to see that our rights are being violated!

Let's draft a letter on here... post it as an article, and have everyone print the thing and send it off to their own senator. We'll keep it short and sweet so it's quick to read. If everyone does this we can easily cover as many of the states as we all live in.
I got Maryland.

guilty untill proven innocent thats how we run it

Great idea Mike. I guess Maryland will be getting two letters

Everybody here has written letters, and it's an important tactic, but I'm frustrated now and want to take it to the streets -- we need a rally, a loud demonstration, speakers, indie bands playing. Maybe a Boycott RIAA Music Day at all colleges -- send out an announcement to every college radio station.

There's an election coming up -- find out what the candidates' position is on peer-to-peer file sharing and copyright reform. I e-mailed Dennis Kucinich's website with that question, and will let you know what I hear back.

Hmm this could turn out good if they decide not to drop it. Just hear me out a min. Since this guy has no p2p apps installed and did not share songs he is not guilty of anything. But it does prove that their system might have a flaw (which we all know it does). Now the mass public will be aware of what is really happening. I would still say that atleast 80% have no clue about what is really happening. The Media companies that are in bed with the MPAA and RIAA will have to cover it. They will have no choice. The light will be shed and the public will understand what these companies are doing to the American public. They will understand that these bastards want to control the music we buy or make. This might also be good for us to find out how they gather their information on people as well. If the working model of the Bot they use to crawl around on networks is exposed they are done.

NO MORE SECRETS RIAA the public will all find out the truth. The truth that we all know already. No one might have noticed the one or two stones in a pond. But you had to throw 261. That makes quite a few ripples. Keep throwing stones make more ripples. The more you throw the more we know. You and your ways are going down. Once the Public finds out the real truth there will be nothing left of you. Such a shame that your way of life is done. But you knew it was coming already

Counter-sue! Fer Christ's sake, counter-sue the bastards into next (fiscal) year! Cost 'em a gob and a half of money! I haven't heard any more about the first person who was wrongfully accused (other than the RIAA is "keeping the option open" the re-open the suit...bastards!). They need to ifile a counter-suit against these bastards and make 'em pay big-time.

Shows that if you throw enough money, long enough, you can get anything you want in this country. The terrorist organizations have done so for a long time and gotten the laws to read what they want in spite of what the consistution says they are to be. I am ashamed of the current level of integrity of our politicans and what this country has become as a result.

This smacks of the Kent State incident, needing only bodies to be shown to the public. The bodies are there but not in physical form. They are the financially wrecked families strewn along the wayside of this sue-em-all campaign. There comes a day when the public asks why we haven't heard of this. When it does it will also learn of the buying of America by the entertainment industry and will also go on to be associated with conglomerate corporations seeking political influance to line their pockets. The American people already distrust such and is it any wonder why? The backlash from this will be in terms that are not understood at present and will be far reaching in their effects.

Now the laws are guilty until proven inoccent despite what the constitution says...

see the thing is the good guys will alwise win down the road the labels have thrown so much money at the GUV. and the GUV in truns makes laws for them but in the long run thay find thay have threw to much money at the GUV and made thair laws to stupid now the public desided it's are trun to throw some money around also throw some money back into are pokets and that my friends is how the rriaa took the friest steps to killing them selfs thay spent to much money on things the public don't want
pop music,DMCA,DRM,audio files from pay per down load sites that controle the way you can use them, and money bought and paid for all of that it's over label scum you have lost stop sueing and start finding a new way to make money we will win we will find new and better ways around you we do not need you any more so guess........what. it's time to step down gracefully

and they want to make the HR2517 a law? these are the kinds of things that would scare a old man/woman into a heart attack before they go into the courts. this man makes his money through the internet and the RIAA wants to put this man into bakruptcy. their investigation process is obviosusly filled with a lot of flaws. mr. plank should counter sue for the attempted slander and shame the RIAA had put him through. the DMCA act is not intended for the small person in mind. the law is like a 50 pound sledgehammer, looking to kill an ant. the need to go after kazaa. there will be more mistakes like these that wiil be made by them and when they mount up, the more power we will have to counter sue and have them back off the american people, who WERE their monetary means of existence. i hope the american government is monitoring this shameful act of mudslinging the american people in the courts because this is the kind of thing can start a revolt.

OK. This is getting ridiculous. There has to be some compensation to these victims of wrongful suits. The fact that innocent peoplea are being sued, puts a dark shadow on the methods of the RIAA and its toadies, as well as the ability of the ISPs to match IP addresses with users, which they do not have to do anyway. All ISPs should quick keeping logs about users and IP addresses. Look at the no log network article
http://codewarrior.50mb.org/IPlogs.htm

Go Ross! Sue them back.

RIAA says that each song is worth $150,000 If they accused Mr Plank of sharing hundreds of songs (say 500 since no real number was given) he should counter sue for damages worth (500x150000) $75MILLION. This could be increased 3 fold (damages in a civil court case) for other damages like emotional, stress, etc for almost a quarter of a billion dollars!

If someone could sue the RIAA for a really glaring obvious mistake, and walk away with a settlement like this RIAA, the government reps they control, and the public would have no choice but to sit up and take notice.

Other wrongfully accussed people would have the courage to fight back.

scayf - whats the grounds that you sue the RIAA for?

Get a grip.

Comcast identified the user, not RIAA. If the network addresses didn't match up, he should have never been identified by Comcast. Look into that first and wait for the facts.

How 'bout libel?

There is also the point that his PC might have been setup as a bounce. What I mean he could have been hacked and never know about it. There is that side of things too. Most common folk (non IT or IS or just good old geeks) do not understand the need for firewalls and such things. But I stick by my post from earlier.

Open proxies anyone? I know a few people that bounce off proxies, with real intent to make the RIAA look more stupider then they currently look. There are thousands of open proxies on the internet misconfigured by their owners, in most cases normal household users.

its a good way to hurt the riaa, more false cases look bad for them.

scayf- hmm, libel...
the thing about libel is usually that you have to prove that you were damaged by untrue printed statements, and prove your damages...him having to obtain legal counsel would probably not be considered damages. Usually, libel damages are like, someone lies about you, you lose a job or lose customers because of it, and have provable monetary damages.
But, great try!
-bulkeraser

MikeTwo
Bill Of Rights? What's That.. sorry but the Patriot Act has totally defunked them.. It's getting really sickening RIAA can suck their own toe jam YESH!!!

I'm going to try to get ahold of my congressman and show him the difference between a POS mp3 and a wave file and prove to him that an mp3 isn't the same as what they put on the CD. Meaning that a person isn't getting anything worth any money for gawd sakes when getting an mp3!

Hey Bulkeraser, you can file any type of civil lawsuit you like, you just have to have money to pay the Lawyer.

Posts on this site contain the words like we should, they should, or somebody should (insert legal action here). If you feel strong enough about something YOU SHOULD (insert legal action here). This doesent mean pay out of your own pocket, rather contact the organization or person who shares your views and pursuade them to hire a lawyer.

Libel is printing something which can be proven to be untrue.
Slander is verbally doing the same thing.
If I were him, I would sue for possibly both, and for defamation of character, since the riaa has tried to use him, and others like him, as examples in print and in speeches.
He has obviously suffered emotionally, and financially (I am sure a lot of people will jump to the conclusion that he is guilty. This is the same reason that my blood boils whenever someone's name and picture are splattered all over the world just because they are ACCUSED of committing a crime. Even if they are exonerated, the damage is done in many minds. I don't care what kind of heinous crime they MIGHT be guilty of, THEY ARE STILL INNOCENT UNTIL PROVEN GUILTY).
I say counter-sue for as much as possible. These gestapo tactics have to stop. This is a government by the people and for the people. WE are the government, not those 535 people in Washington, not the President (whom I voted for and respect), not any other ELECTED "leaders".
We need to take back control of this country, and soon.
All of us need to do some serious researching before we vote next time. There is an old saying that the people of a country get exactly the kind of government they deserve. We need to turn off the designed-for-12-year-olds (no offense meant to 12-year olds) TV shows, stop participating in all of the other “bread and circuses” activities (for those of you who are young and attending schools where non-politically correct history is no longer being taught, do some research), and start educating ourselves.
There is not much time left.

The Kid

surfside6 - you can FILE a lawsuit, but if it is without merit, it may be thrown out and you may be ordered to pay the other side's legal fees for filing a frivilous suit. Also, even if you win a libel suit, if you cannot prove damages, you've spent all that money for a lawyer (such cases are usually not done on contingency fee basis like auto accident cases are) and end up with nothing.

Most people have never filed a lawsuit or been involved in one. A lot of the notions people have about the way a REAL lawsuit works get destroyed when the legal rubber hits the road to use a racing analogy!

I follow three laws:
1. the constitution
2. the Bill of Rights
3. My laws

Therefor, I don't and will never follow the DMCA, and if they send me a supeano (Which i had a dream about lastnight but in the dream one of the RIAA ppl. stalked me, and I ended up taking my 12 Gague shotgun and blasting him a few times befor I woke up.) I would reject the f'in thing and tell them to go shuv their heads further up their own @$$. The entire legal system is corrupt, we need to eliminate lawers, then the RIAA can't send their false and retarted supeanos.

Yeah, Kid...defamation was gonna be my next suggestion. I did a little reading on a lawyer-type site (criminal law is easy...this civil stuff's kinda tricky), and libel sounds like the best bet, since he's not even running a p2p on his box, but they're suing him anyway. Sounds like a lie to me. Anyhoo...being publicly accused of being a "thief" should satisfy the grounds for a counter-suit. Worth a try anyway, just to make the public (more) aware of what these bastards are doing to innocent people.

The RIAA suits remind me of tuna fishing,cast out your net draw it in and you have every type of fish in there....but not all of it is tuna

sooner or later they will get some "old money" heir that is for file sharing and that's when the fun begin. a person with a wad of dough to sock it to these bastards. they keep picking on the small fry and they KNOW who not to pick on. the wealthy and affluent. all it takes is ONE little number out of place for the wrong IP address and they have the wrong person.

You can't assume defamation of character, and there's no such thing as attempted slander, well, not that I could find in my research. Slander is slander, what you have to prove is MALICE. That's harder to prove, but it's got more punch, cuz obviously if you can prove that someone said/printed something with the intention of harming you, you'll probably win.
ttmmm

cool w/ me..I think it would be great if it would sue, and since his name was made public, as was his website, he could probably document damages if his work load drops coincident w/ the allegations and lawsuit...

GO FOR IT MR. PLANK!!!!