RIAA backtracks after embarrassing P2P defendant

When the RIAA filed a file-sharing lawsuit against a sergeant in the US Army earlier this year, it included the customary exhibits with screenshots of what it alleges are the defendant's Kazaa library. Along with the 367 sound recordings that Sgt. Nicholas Paternoster is accused of illegally sharing, the exhibit also contained over 4,200 other files—including pornographic images—that had nothing to do with the labels' case. Recognizing its latest gaffe, the RIAA filed a motion asking that the original exhibit be removed from the public record and replaced with a modified exhibit without the superfluous file names.

The case of Warner v. Paternoster started as other P2P actions have, with the defendant sued after MediaSentry, the RIAA's investigative arm, found what it believed was evidence of copyright infringement. After the suit was filed—and the exhibit made public—Sgt. Paternoster decided to fight back, with the Knoxville News Sentinel reporting that he filed a counterclaim accusing the RIAA of violating his privacy and seeking to "shame Counter-Plaintiff... into giving in to their unreasonable demands regarding their copyrighted materials."

In its filing last week, the RIAA noted that Paternoster's attorneys expressed their concerns over the impropriety of the original exhibit listing the 4,604 "personal and private files." The labels then asked the judge to strike the original exhibit from the record as a "professional courtesy" to Paternoster and his attorneys. The judge approved the request and the original exhibit was removed from the public record on July 26.

With the exception of his accusing the RIAA of shaming him by publicizing the contents of the shared folder, Paternoster's counterclaims do not look much different from those made by other file-sharing defendants. That said, the RIAA's decision to disclose the entire contents of what they believe is the defendant's Kazaa share may come back to haunt it once the court considers the counterclaim.

This is not the first time the RIAA has been caught using questionable tactics. After Oregon resident Tanya Andersen, who was mistakenly accused of copyright infringement by the record labels, was exonerated, she sued the RIAA for malicious prosecution. In her complaint, she accused the record labels of trying to contact her then eight-year-old daughter without her knowledge, even calling her elementary school under false pretenses.

Throughout its legal campaign against file-sharing, the RIAA has taken a beating in the court of public opinion. If it continues to be as careless as it has with Tanya Andersen and Sgt. Paternoster, the beatdown may extend to some of the file-sharing lawsuits as well.