Verizon Wins! Subpoenas Not Authorized

Just a quick note, as I'm working on something else at the moment, but good news!

From Reuters: Court Says Net Music Subpoenas Not Authorized

The RIAA has been using DMCA subpoenas to get subscriber's identities in order to sue the ISP's customers for copyright infringement because of file sharing. However, the subpoena process is heavily flawed under the DMCA, where there is no court oversight required for the subpoena, like there would be in a regular action. The District Court in Washington, DC has agreed with Verizon (see the opinion) that existing copyright law doesn't give the RIAA the right to get ISP customer information in the manner they have been under the DMCA.

"In sum, we agree with Verizon that (the law) does not by its terms authorize the subpoenas issued here," Chief Judge Douglas Ginsburg wrote.

And from Wendy Selzer: "Internet users are the winners...." See Derek Slater for more in-depth analysis of the case and what this means. Derek suggests there is likely to be an appeal, but for now, this may cause Congress to step in to reevaluate copyright issues.

Via Donna (doesn't this sound like a lovely drink, something citrusy and ice-cold, that you might enjoy on a warm roof top at sunset in Rome while watching the glow fade across the tops of the Vatican and monuments like Vittorio Emanuel? Donna is like that, only better: smart, lovely, refreshing, and you feel so fortunate to know her!)

Posted by Mary Hodder at December 19, 2003 09:11 AM | TrackBack