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DMCA Does Not Require ISPs to Turn Over Names |
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Posted by Steven Wu on Friday, December 19 @ 15:31:15 EST
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Good news for filesharers, bad news for the RIAA today, as the D.C. Circuit interprets the DMCA to preclude the use of subpoenas to force ISPs to turn over the names of suspected filesharers.
In a significant setback for the recording industry, a federal appeals court ruled today that Internet service providers cannot be forced to turn over the names of subscribers who are suspected of illegally sharing music on line.
The ruling by a three-judge panel expressed sympathy for the recording industry, which has been hit hard by piracy and file-sharing among computer users. But it concluded that nothing in the law authorizes special subpoenas against Internet service providers compelling them to identify customers who might be engaging in copyright infringement.
The case is RIAA v. Verizon Internet Services, Inc.. The holding of the case is succinctly stated:
The issue is whether §512(h)applies to an ISP acting only
as a conduit for data transferred between two internet users,
such as persons sending and receiving e-mail or, as in this
case, sharing P2P files. . . . We conclude from both the
terms of §512(h)and the overall structure of §512 that, as
Verizon contends, 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.
Amusingly, there is also a small jab at the RIAA's legal arguments in the decision.
Finally, the RIAA argues the definition of "[internet ] service provider" in §512(k)(1)(B)makes §512(h)applicable to
an ISP regardless what function it performs with respect to
infringing material . . .
This argument borders upon the silly. The details of this
argument need not burden the Federal Reporter. . . .
It's worth emphasizing that the D.C. Circuit ruled this way solely as a matter of statutory interpretation. Congress could very easily reverse this case by simply revising the language of the DMCA.
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Re: DMCA Does Not Require ISPs to Turn Over Names (Score: 0) by Anonymous on Friday, December 19 @ 19:51:31 EST | Just thought it worth mentioning that the decision does not stop RIAA from using the normal subpoena power to get this information.
That is, RIAA can't use the super quick, super fast procedure described in the DMCA, but RIAA can still use the pretty cheap, pretty quick method available to any litigants.
So this really isn't the "big loss" that the media has tried to portray it to be. The subpoenas will still keep coming, and RIAA will just raise it's settlement price from $3,000 (the norm recently) to a slightly bigger number that better covers costs.
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Opinion Does Not Bar All Subpoenae of ISPs. (Score: 1) by DougSimpson on Sunday, January 04 @ 08:32:03 EST (User Info | Send a Message) http://dougsimpson.com | The decision is more limited than readers might conclude from your overbroad description that "nothing in the law authorizes special subpoenas against Internet service providers compelling them to identify customers who might be engaging in copyright infringement."
The Court concluded that "the subpoena power in §512(h) applies only to ISPs engaged in storing copyrighted material and not to those engaged solely in transmitting it on behalf of others." RIAA v. Verizon Opinion, Article II.B. (emphasis added).
For example, if ISP customers were posting infringing material on websites hosted by the ISP, the putative copyright holder would be able to obtain the customer ID through a DMCA subpoena without filing suit. The Court reached "the conclusion that §512(h) is structurally linked to the storage functions of an ISP and not to its transmission functions, such as those listed in §512(a)." Ibid.
While the decision is a small victory for decentralized P2P file sharing networks, you correctly point out that it could be easily reversed by legislation.
Doug Simpson
Wethersfield, CT
"Unintended Consequences" at
http://DougSimpson.com/blog |
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Hehe, ik dacht ook meteen aan dat beetje invloed op (Score: 0) by Anonymous on Sunday, July 18 @ 05:48:38 EDT | Serving on UCSA's board of directors, Gagnier supports the lawsuit, due to cuts to outreach programs that target students from low-income and minority families. Freebusiness [freebusiness.250free.com] Getfreegames [getfreegames.250free.com] Freedevelopment [freedevelopment.250free.com] Freegraphics [freegraphics.250free.com] Freescreensavers [freescreensavers.250free.com] Freeaudio [freeaudio.250free.com] Freehomehobby [freehomehobby.250free.com] Freeeducation [freeeducation.250free.com] Findmiscell [findmiscell.freewebpage.org] Findutil [findutil.freewebpage.org] Serving on UCSA's board of directors, Gagnier supports the lawsuit, due to cuts to outreach programs that target students from low-income and minority families. |
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Zucht. En ik heb al zo'n last van frequent lozen van flatus en RSI. (Score: 0) by Anonymous on Sunday, July 18 @ 05:48:51 EDT | Serving on UCSA's board of directors, Gagnier supports the lawsuit, due to cuts to outreach programs that target students from low-income and minority families. Freebusiness [freebusiness.250free.com] Getfreegames [getfreegames.250free.com] Freedevelopment [freedevelopment.250free.com] Freegraphics [freegraphics.250free.com] Freescreensavers [freescreensavers.250free.com] Freeaudio [freeaudio.250free.com] Freehomehobby [freehomehobby.250free.com] Freeeducation [freeeducation.250free.com] Findmiscell [findmiscell.freewebpage.org] Findutil [findutil.freewebpage.org] Serving on UCSA's board of directors, Gagnier supports the lawsuit, due to cuts to outreach programs that target students from low-income and minority families. |
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ummmmmmmmm whats this mummy?? (Score: 0) by Anonymous on Monday, August 02 @ 23:00:14 EDT | While the lawsuit claims that Schwarzenegger's repeal of the car tax was illegal, others have argued the opposite position. Senator Tom McClintock has argued that former Governor Gray Davis's tripling of the car tax was illegal. Women Hair Loss [www.healwizard.com] Hair Loss Women Cause [www.healwizard.com] Alopecia In Women [www.healwizard.com] Buying Propecia [www.healwizard.com] Baldness Causes [www.healwizard.com] Alopecia Areata Sites [www.healwizard.com] Order Propecia [www.healwizard.com] Patchy Alopecia [www.healwizard.com] Baldness [www.healwizard.com] Alopecia Areata Totalis [www.healwizard.com] While the lawsuit claims that Schwarzenegger's repeal of the car tax was illegal, others have argued the opposite position. Senator Tom McClintock has argued that former Governor Gray Davis's tripling of the car tax was illegal. |
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