Once again, this time in BMG v. Thao, the RIAA has dropped a case it brought against a misidentified defendant.
Lee Thao was sued in the Eastern District of Wisconsin by BMG Music and other record labels for allegedly sharing files over the Kazaa network. The RIAA based its case on information that the cable modem used to partake in file sharing was registered to Mr. Thao. However, both the ISP and the RIAA failed to recognize that Mr. Thao was not a subscriber to the ISP at the time of the alleged file-sharing, and therefore did not have possession of the suspect cable modem at that time. Daliah Saper of Saper Law Offices represented Mr. Thao and got the case dismissed after pointing out to the RIAA’s attorneys that they had made another blunder in their investigations.
A similar Chicago case, Elektra v. Wilke, was previously dismissed. Mr. Wilke, too, had been represented by Ms. Saper.