The RIAA has dropped a RIAA copyright infringement in BMG v. Thao after accepting that the defendant was incorrectly named by the ISP. The ISP identified Mr. Thao as holder of the account whose IP address was associated with the alleged infringement over the Kazaa P2P file sharing network. However an investigation on behalf of the defendant showed that he was not a subscriber at the time of the alleged infringement.

The misidentification is similar to another Chicago case, Elektra v. Wilke, that had been earlier dismissed.