The leading worldwide SEM firm. It’s pure logic. Let us take care of the maths. Download
Talented and trained graduates with a passion for digital are available now through our new Digital Graduate Academy
Shine a light on what works and where with Headlight. Click here for a free 14-day trial
The online exchange for behaviourally targeted advertising. To join free CLICK HERE
Date: 22 December 2003
The RIAA (Recording Industry Association of America) has received a massive blow to its legal campaign against alleged file-swappers after a federal appeals court ruled against its use of subpoenas to track file-swappers down.
The decision overturns a district court ruling earlier this year that ordered US ISP Verizon to hand over personal information about its subscribers to the RIAA. The Court of Appeals in the District of Columbia said: "We are not unsympathetic either to the RIAA's concern regarding the widespread infringement of its members' copyrights, or to the need for legal tools to protect those rights. "It is not the province of the courts, however, to rewrite the DMCA (Digital Millennium Copyright Act) in order to make it fit a new and unforeseen internet architecture, no matter how damaging that development has been to the music industry." The RIAA had accused the Verizon customers in question of possessing illegal copies of copyrighted music files on their personal computers. However, Verizon refused to comply with the subpoena, arguing that it did not fulfil the requirements of the DCMA, which applies only to files hosted on an internet provider's network and not to private communications on a subscriber's home computer. The appeals court noted that it is the actual users that store and trade files over P2P networks, not the ISP, and backed up Verizon's argument that "a subpoena may be issued only to an ISP engaged in storing on its servers material that is infringing or the subject of infringing activity." Verizon described the decision as an "important victory for internet users and all consumers." Sarah Deutsch, vice president and associate general counsel for Verizon, said: "The court has knocked down a dangerous procedure that threatens Americans' traditional legal guarantees and violates their constitutional rights." "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." The Electronic Frontier Foundation (EFF) backed up these sentiments. "Internet users are the winners in the Verizon case," said EFF staff tttorney, Wendy Seltzer. "The effect of the appeals court decision is that we do not lose our privacy simply by connecting to the internet. The ruling stops the record labels from taking our free speech rights as collateral damage in the campaign against the American music fan." The RIAA, however, argued that the appeals decision means that it can no longer notify illegal file sharers before it files lawsuits against them to offer the opportunity to settle outside of litigation. "Verizon is solely responsible for a legal process that will now be less sensitive to the interests of its subscribers who engage in illegal activity," said RIAA president Cary Sherman. In addition, the appeals ruling does not address the legality of the hundreds of lawsuits already filed against alleged file-swappers, many of which have already been settled out of court. 20 October 2003: RIAA offers surrender option in new push 29 August 2003: RIAA faces uphill struggle 11 August 2003: ISPs unite against RIAA attacks
PPC search engine marketing by Browser Media
Proactive hosting and
managed services provided by
Netstore Plc
Login
