Post by Mr. Danger on Jan 22, 2003 18:23:35 GMT -5
Yahoo and Internet service providers have sided with Verizon Communications in its legal spat with the recording industry over revealing the identity of an alleged peer-to-peer pirate.
What we hope to accomplish is to force the RIAA to follow established legal procedures and due process," said David McClure, president of the U.S. Internet Industry Association, which organized the brief. "The music industry pays the RIAA to investigate and prosecute copyright infractions. They don't pay us a penny to do that. They don't pay ISPs a penny to do that. Even if they did, it would be a violation of due process and subscriber privacy."
Verizon's user allegedly has been swapping songs by artists including Billy Joel, Barry White, Aerosmith, Janet Jackson, Jennifer Lopez, N'Sync and Britney Spears.
In July, the RIAA invoked the Digital Millennium Copyright Act (DMCA) to force Verizon to turn over the identity of a Kazaa subscriber. Verizon opposed the request, telling a federal district court in Washington that the DMCA's turbocharged subpoena process does not cover people who are participating in a peer-to-peer network like Kazaa.
At issue in the RIAA's request is an obscure part of the DMCA that permits a copyright owner to send a subpoena ordering a service provider to turn over information about a subscriber. It is not necessary to file a lawsuit to take advantage of the DMCA's expedited subpoena process.
Verizon and ISPs agree that the RIAA has the right to unmask a true copyright infringer. "A copyright holder can certainly, as Verizon suggested that the RIAA do in this case, file a 'John Doe' lawsuit and seek the identity of the customer through ordinary discovery methods," the amicus brief says.
Until now, the entertainment industry has relied on civil lawsuits aimed at corporations, not individuals, to limit widespread copyright infringement on peer-to-peer networks. Now, however, the RIAA is revising its strategy and appears ready to sue individuals swapping songs over the Internet.
The RIAA said its lawyers were reviewing the amicus brief and could not immediately comment.
In a statement, RIAA President Cary Sherman had accused Verizon of playing "a legal shell game" to save itself money.
"The only thing Verizon is protecting is Verizon's own business interests," Sherman said. "They are trying to avoid the cost of identifying infringers as provided for in the DMCA by imposing unrealistic and burdensome obligations on copyright owners instead."
RIAA said in a reply brief filed last week that Verizon had in the past turned over information about its DSL subscribers who were engaged in piracy--but had abruptly changed its mind. "Verizon’s newly minted legal position is baseless," the RIAA said.
good bye
What we hope to accomplish is to force the RIAA to follow established legal procedures and due process," said David McClure, president of the U.S. Internet Industry Association, which organized the brief. "The music industry pays the RIAA to investigate and prosecute copyright infractions. They don't pay us a penny to do that. They don't pay ISPs a penny to do that. Even if they did, it would be a violation of due process and subscriber privacy."
Verizon's user allegedly has been swapping songs by artists including Billy Joel, Barry White, Aerosmith, Janet Jackson, Jennifer Lopez, N'Sync and Britney Spears.
In July, the RIAA invoked the Digital Millennium Copyright Act (DMCA) to force Verizon to turn over the identity of a Kazaa subscriber. Verizon opposed the request, telling a federal district court in Washington that the DMCA's turbocharged subpoena process does not cover people who are participating in a peer-to-peer network like Kazaa.
At issue in the RIAA's request is an obscure part of the DMCA that permits a copyright owner to send a subpoena ordering a service provider to turn over information about a subscriber. It is not necessary to file a lawsuit to take advantage of the DMCA's expedited subpoena process.
Verizon and ISPs agree that the RIAA has the right to unmask a true copyright infringer. "A copyright holder can certainly, as Verizon suggested that the RIAA do in this case, file a 'John Doe' lawsuit and seek the identity of the customer through ordinary discovery methods," the amicus brief says.
Until now, the entertainment industry has relied on civil lawsuits aimed at corporations, not individuals, to limit widespread copyright infringement on peer-to-peer networks. Now, however, the RIAA is revising its strategy and appears ready to sue individuals swapping songs over the Internet.
The RIAA said its lawyers were reviewing the amicus brief and could not immediately comment.
In a statement, RIAA President Cary Sherman had accused Verizon of playing "a legal shell game" to save itself money.
"The only thing Verizon is protecting is Verizon's own business interests," Sherman said. "They are trying to avoid the cost of identifying infringers as provided for in the DMCA by imposing unrealistic and burdensome obligations on copyright owners instead."
RIAA said in a reply brief filed last week that Verizon had in the past turned over information about its DSL subscribers who were engaged in piracy--but had abruptly changed its mind. "Verizon’s newly minted legal position is baseless," the RIAA said.
good bye
