Ruling lets studios track music pirates

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Nate Dogg
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Ruling lets studios track music pirates

#1 Post by Nate Dogg » Wed Jan 22, 2003 11:57 pm

More fuel to the fire, I think the last paragraph of this article sums up my feelings on the subject, interesting read though...

Ruling lets studios track music pirates
Judge tells Verizon to identify a suspected Internet file sharer
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By Bob Keefe

Austin American StatesmanWEST COAST BUREAU

Wednesday, January 22, 2003

In a ruling that could test the notion of privacy on the Internet, a federal judge upheld a court order Tuesday that required Verizon Communications Inc. to reveal the name of a customer who is suspected of swapping more than 600 copyrighted songs in a single day.

The ruling is a major victory for the recording industry, but could send a chill through millions of Americans who swap music, films and other copyrighted material online.

The ruling means that consumers using dozens of popular Internet file-sharing programs can more easily be identified and tracked down by entertainment companies trying to prevent the illegal trading of movies and music. For consumers, even those hiding behind Internet aliases, that could result in warning letters, civil lawsuits or criminal prosecution.

A Verizon spokeswoman said the company plans to appeal the ruling.

The music industry estimates that 2.6 billion copyrighted files are downloaded each month, most of them illegally.

"It's pretty clear according to copyright law and this and other court rulings that most music file-sharing is illegal," said Doug Isenberg, an Atlanta attorney, author and consultant who specializes in Internet law. "It just so happens that up until now, it has been rather simple to engage in that activity fairly anonymously."

That could change with Tuesday's 37-page ruling by U.S. District Judge John Bates, which upholds a subpoena issued in July ordering Verizon's Internet subsidiary to supply the name of the song swapper as part of the industry's ongoing fight against music piracy. Verizon refused to comply, citing the privacy of its customers.

Bates wrote that the Recording Industry Association of America was correct in arguing that Verizon was required to turn over the name of the suspected file swapper under the 1998 Digital Millennium Copyright Act, and that Verizon's privacy argument was invalid.

The judge said the law lets music companies force Internet providers to turn over the name of a suspected pirate upon subpoena from any U.S. District Court clerk's office. The law does not require a judge to issue the subpoena.

Critics of the procedure said judges ought to be more directly involved, given the potential privacy issues of a corporation revealing personal information about customers amid an allegation of wrongdoing.

The case was an important test of subpoena powers Congress granted copyright holders under the copyright act.

"This puts a huge burden on Internet service providers," said Harris Miller, head of the Washington-based Information Technology Association of America. "It turns them into judge, jury and executioner just because someone makes an allegation about a problem."

In the past, Internet companies have voluntarily suspended service of file swappers thought to be violating copyright laws. They also have voluntarily turned over to law enforcement authorities the names and account information of suspected criminals who use the Web to commit more heinous crimes, such as downloading child pornography.

But Tuesday's ruling could mark the first time an Internet service provider is forced to turn over the name of a customer suspected of violating copyright laws by swapping music files.

In the Verizon case, the file swapper, thought to reside in Pittsburgh, exchanged more than 600 songs in a single day using software provided by a service called Kazaa, according to court documents.

Kazaa is similar to the now-defunct Napster Inc., which pioneered music swapping on the Internet before it was shut down amid a flurry of recording industry lawsuits.

But unlike Napster, Kazaa and similar services don't have a centralized business or database of songs. That makes it harder for record companies and copyright holders to shut them down and is the reason the recording industry decided to go after a individual user.

Verizon said it would appeal Bates' ruling.

"The court's decision has troubling ramifications for consumers, service providers and the growth of the Internet," Sarah Deutsch, vice president and associate general counsel for Verizon, said in a statement. "It opens the door for anyone who makes a mere allegation of copyright infringement to gain complete access to private subscriber information without the due process protections afforded by the courts."

Representatives of Austin-area Internet providers Time Warner Cable, Grande Communications Inc., SBC Communications Inc. and Cox Communications Inc. either did not return calls for comment made late Tuesday or refused to comment without looking further into the ruling.

The recording industry said it only wants to send letters to copyright violators to let them know what they have done is illegal.

"Now that the court has ordered Verizon to live up to its obligation under the law, we look forward to contacting the account holder whose identity we were seeking," Cary Sherman, president of the recording industry association, said in a statement.

Some, however, worry that companies will now actively work to root out file swappers.

In the past, the entertainment industry has acknowledged accusing one subscriber of illegally offering for download the movie "Harry Potter and the Sorcerer's Stone," even though the computer file in question actually was a child's book report on the subject.

"There's almost no judicial supervision here," said Stewart Baker, who represented a trade group of Internet providers that sought to intervene in the case.

Others think that even with the courts behind them, however, it would be impossible for recording companies to go after every Internet user who violates copyright laws.

What the association is probably trying to do is make an example of someone in an attempt to convince others to voluntarily stop swapping songs, said Dean Harvey, an attorney with the Vinson & Elkins firm in Dallas. "But the reality is that every teenager will continue to download music just like they have for some time," Harvey said. "There's really no way (the recording industry) can go after everyone."

This article contains material from wire services.

ON THE WEB: Read the judge's complete ruling at www.dcd.uscourts.gov/ district-court-recent.html

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lindyholic
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#2 Post by lindyholic » Fri Jan 24, 2003 2:29 am

This is why I'm glad I live in Canada because just because they'd be allowed to do it in the U.S. does not mean they are allowed to do it in Canada because of the fact that it's two different countries and such.

I don't download music illegaly anymroe really, but there IS the odd time I do a search for a song I REALLY want that I am yet to fine and thus download it and am glad that this won't be affecting me because I think that this is a HUGE invasion of privacy, and how does Verizon know that a user had swapped 600 music files illegally in one day? To my common knowledge internet companies have no clue of what it is their customers upload and download, nor do they know the size of the packets that go over their server, the only thing they know is roughly how much bandwidth each individual user uses, I can't believe this was held up, HUGE invasion in privacy.

I will say I don't really believe in getting music illegally anymore, and if I do (which is VERY rare) download a song illegally I, 99% of the time, end up buying an album with that song on it because it's usually I song I really like anyways, only once was it that I didn't buy a cd with a song I downloaded because I hated it and deleted it immediately.

Harrison
www.lindyhopper.ca, Canada's Swing Site.

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GemZombie
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#3 Post by GemZombie » Fri Jan 24, 2003 11:37 am

haha

but the solution will be changes in software and hardware, and the US will lead that... Canada will just be along for the ride.

Besides, international copyright still has merits here, so don't count yourself out just cuz you live in canukada

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