LOS ANGELES - A lawsuit challenging the recording industry's promise not to sue song-swappers who come clean was moved south today to Los Angeles.

The suit against the Recording Industry Association of America was filed Sept. 9 in Marin County on behalf of the general public, with resident Eric Parke as the nominal plaintiff.

It was not immediately clear why the plaintiffs sought a venue change.

The lawsuit against the RIAA alleges that its "Clean Slate" program - which supposedly protects from litigation those file-swappers who delete songs downloaded from services such as KaZaa and sign an affidavit not to do it again - is bogus.

San Rafael attorney Ira P. Rothken, who represents the plaintiff, said the program provides no amnesty and does not protect file swappers from lawsuits.

The suit asks the court to enjoin the RIAA from falsely advertising "Clean Slate."

The RIAA's Jonathan Lamy said he didn't know why the plaintiffs had the case moved, but commented that the suit "proves that no good deed goes unpunished."

Yesterday, the recording industry filed 41 suits against alleged song- swappers, bringing to 382 the number of people sued by the RIAA since September.

Under copyright law, each defendant can be held liable for $750 to $150,000 in damages if the lawsuit is successful.

According to the RIAA, a November poll of 802 Americans ages 10 and over showed 64 percent understand it is illegal to make music available for free on the Internet. That is up from 37 percent who gave that answer last year, the group stated.