A Los Angeles-area Web designer has emerged as the second person to challenge a recording industry file-swapping lawsuit, saying that the record labels appear to have made a mistake in identifying him.
Playa del Rey, Calif., resident Ross Plank has enlisted the help of the Electronic Frontier Foundation, an online civil liberties group that has been a vocal critic of the recording industry's lawsuits. The Recording Industry Association of America sued Plank in June as part of a wave of 261 lawsuits it filed against individuals who allegedly offered large amounts of copyrighted music for download through file-swapping networks such as Kazaa.
Plank said he has several kinds of proof, including numerous e-mails he sent to his clients that include Web routing information that shows that his computer was not using the Internet address the RIAA identified as linked to file swapping. Nor are the songs the labels said he shared--which include a large number of Spanish-language titles--the type of music he'd likely listen to, he added.