p2pnet - rss feed: RIAA loses Verizon case
ISPs won’t be forced to reveal the identities of Internet subscribers accused of music piracy to the RIAA (Recording Industry Association of America) - or anyone else.
The news, a crushing blow to the RIAA in its intimidation campaign against alleged p2p copyright violators, comes with today’s appeals court decision to strike down a lower-court ruling that supported subpoenas issued under the Digital Millenium Copyright Act (DMCA).
The US Court of Appeals for the District of Columbia in effect decided that since file sharing wasn’t an issue when the 1998 DMCA came into force and therefore isn’t covered under it, the Act could hardly apply now.
"I hope that means we won’t be needing to update our subpoena data base any more," EFF (Electronic Frontier Foundation) lawyer Wendy Seltzer told p2pnet. She was referring to the EFF’s ongoing list of people under the subpoena hammer.
However, one of the biggest questions now begging is: What’s going to happen to the 382 people who’ve already been nailed by the RIAA under the DMCA?
A number have already settled rather than be forced into court and face the possibility of even greater expense. Seltzer says she doesn’t see what they can do, but they shouldn’t abandon all hope.
"I’m waiting to see some creative lawyering," she says.
Last year the RIAA started a campaign of terror against people it accused of illegally downloading music owned by the major labels. It used subpoenas issued by the clerk of a court rather than a judge or magistrate and as part of this campaign, demanded that Verizon Online turn over the name of a customer whom the RIAA claimed had illegal copies of copyrighted music files.
Verizon refused, the RIAA sued to enforce the subpoena and on January 21, a trial judge ruled for the RIAA. Verizon immediately appealed and the case was was heard on September 16.
In the meanwhile, "This decision removes the threat of a radical, new subpoena process that empowers copyright holders or anyone merely claiming to be a copyright holder to obtain personal information about Internet users by simply filing a one-page form with a court clerk," says Sarah Deutsch, Verizon vp and associate general counsel.
"This harmful procedure exposes anyone who uses the Internet to potential predators, scam artists and crooks - including identity thieves and stalkers. Copyright holders seeking personal information about Internet subscribers will now have to file a traditional lawsuit.
"These requests will undergo scrutiny by a judge, thus preserving the privacy, safety and legal rights of every Internet subscriber."
It’s a given that the RIAA will now be approaching the numerous politicians who for various reasons support it to get things moving in congress to rectify the problem with the DMCA.
