RIAA turns up heat on subpoena fighter 'Jane Doe'

August 28, 2003

A lady who had her
identity made available by Verizon Communications to the RIAA is now trying to
fight against the subpoena against her, as we already reported about earlier. She claims that she had ripped her own CDs on it and used the Kazaa's built in media player to listen to the tracks. She claimed that the application was sharing her music and tried to prevent it doing so without success. According to the RIAA, she had over 900 songs shared online even back in the days of Napster using the Napster service. They claim that she was a frequent downloader and many had been downloaded using the Napster service while it was still going. She says that her rights have been violated by the subpoena.

The Recording Industry Association of America leveled a
full legal barrage at the sole Kazaa user fighting its attempts to
identify file swappers, saying she was indisputably a major copyright
infringer.

In papers
filed Tuesday with a federal court in Washington, the Recording Industry
Association of America (RIAA) said it did not oppose the anonymous Kazaa
user's request to fight the subpoena seeking her identity but that any such motion should be
filed immediately. Previously, "Jane Doe's" attorneys had asked for more
time to prepare their case arguing that the RIAA subpoena, filed with
Internet service provider Verizon Communications, violated her privacy and
other constitutional rights.

"It is now
clear that her objections have been either previously rejected by this
court or are totally irrelevant to a subpoena enforcement proceeding," the
RIAA wrote in its brief. She "will be able to raise whatever arguments she
wants in the copyright infringement action that is sure to follow."

I'm sure many other downloaders who have
subpoena's against them feel the same. The RIAA are trying their best at
the moment to scare the file sharers, but as we all know, anyone who does not
buy CDs are not likely going to start just because the RIAA are up to
something.

Source: http://news.com.com/