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NAME THE DOWNLOADERS: Privacy Ruling Goes Against Verizon...
Privacy Ruling Goes Against Verizon
Permission to Republish
By David McGuire
washingtonpost.com Staff Writer
Thursday, April 24, 2003; 6:10 PM
Verizon Corp. must reveal the identities of two high-speed Internet subscribers accused of illegally trading music online, a federal judge ruled today.
U.S. District Court Judge John Bates denied Verizon's request for a stay of his January ruling ordering the company to turn over the name of one of the subscribers to the Recording Industry Association of America (RIAA). Bates said that Verizon has 14 days to convince a federal appeals court to grant a stay of his ruling.
If Bates's ruling ultimately stands, it would give the recording industry and copyright owners a powerful weapon to stop the illegal trading of copyrighted files that they say eats away at their revenues. The RIAA, many musicians and other copyright holders have argued that the increase in file-sharing during the past several years has seriously eroded music sales.
Verizon had argued that turning over subscribers' names would violate their constitutional right to privacy.
The RIAA cited the 1998 Digital Millennium Copyright Act -- or DMCA -- in its legal effort to force Verizon to reveal the names. The DMCA gives movie studios, record companies, software makers and other copyright owners the right to subpoena Internet service providers without getting a judge's approval.
Verizon originally argued that it is unfair for the music industry to be allowed to obtain subpoenas without judicial approval, but Bates threw out that argument in a January ruling. Verizon then turned to its argument that the DMCA is unconstitutional.
RIAA President Cary Sherman praised the ruling today in a written statement.
"If users of pirate peer-to-peer sites don't want to be identified, they should not break the law by illegally distributing music," Sherman said. "Today's decision makes clear that these individuals cannot rely on their ISPs to shield them from accountability."
Verizon will appeal the ruling, said Associate General Counsel Sara Deutsch.
"The case is not over and we intend to immediately appeal the decision and seek a stay in the U.S. Court of Appeals," she said. "It's virtually unprecedented in U.S. law that someone can use a form to find out your identity without any judicial process."
Permission to Republish
By David McGuire
washingtonpost.com Staff Writer
Thursday, April 24, 2003; 6:10 PM
Verizon Corp. must reveal the identities of two high-speed Internet subscribers accused of illegally trading music online, a federal judge ruled today.
U.S. District Court Judge John Bates denied Verizon's request for a stay of his January ruling ordering the company to turn over the name of one of the subscribers to the Recording Industry Association of America (RIAA). Bates said that Verizon has 14 days to convince a federal appeals court to grant a stay of his ruling.
If Bates's ruling ultimately stands, it would give the recording industry and copyright owners a powerful weapon to stop the illegal trading of copyrighted files that they say eats away at their revenues. The RIAA, many musicians and other copyright holders have argued that the increase in file-sharing during the past several years has seriously eroded music sales.
Verizon had argued that turning over subscribers' names would violate their constitutional right to privacy.
The RIAA cited the 1998 Digital Millennium Copyright Act -- or DMCA -- in its legal effort to force Verizon to reveal the names. The DMCA gives movie studios, record companies, software makers and other copyright owners the right to subpoena Internet service providers without getting a judge's approval.
Verizon originally argued that it is unfair for the music industry to be allowed to obtain subpoenas without judicial approval, but Bates threw out that argument in a January ruling. Verizon then turned to its argument that the DMCA is unconstitutional.
RIAA President Cary Sherman praised the ruling today in a written statement.
"If users of pirate peer-to-peer sites don't want to be identified, they should not break the law by illegally distributing music," Sherman said. "Today's decision makes clear that these individuals cannot rely on their ISPs to shield them from accountability."
Verizon will appeal the ruling, said Associate General Counsel Sara Deutsch.
"The case is not over and we intend to immediately appeal the decision and seek a stay in the U.S. Court of Appeals," she said. "It's virtually unprecedented in U.S. law that someone can use a form to find out your identity without any judicial process."
Thanks to Drudge for the link.
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