The RIAA announced in June that it would be taking action against individual file-sharers, not just the file-sharing networks, like KaZaA, which facilitate the unlawful swapping of copyrighted material.
Since then it has served over 1,000 subpoenas under the controversial Digital Millennium Copyright Act (DMCA), ordering ISPs to identify targeted individuals. With this information the RIAA can then proceed to take court action against the individuals. However, 'Jane Doe' has decided to challenge the RIAA's right to receive this information.
Glenn Peterson, one of the lawyers acting for the unknown individual, said in a statement:
"The recent efforts of the music industry to root out piracy have addressed a uniquely contemporary problem with draconian methods - good old-fashioned intimidation combined with access to personal information that would make George Orwell blush".
The RIAA was swift to respond. Matt Oppenheim, RIAA's senior vice president of business and legal affairs said, "Nobody has a right to steal music. This individual's lawyers are trying to obtain from the court a free pass to download or upload music on-line illegally". He added, "Courts have already ruled that you are not anonymous when you publicly distribute music on-line".
This much is supported by a ruling in June this year when the ISP division of telco giant Verizon was forced by a court to reveal the names of four file-swappers it had been seeking to protect.