Court to RIAA: Drop Dead

Friday, December 19, 2003 | 01:21 PM

Here's the best overview on the legal situation, from the always interesting GMSV:

"Silly." That's how a U.S. appeals court described the Recording Industry Association of America's efforts to use the subpoena provisions of the Digital Millenium Copyright Act to compel Verizon Internet Services to identify subscribers accused of illegally distributing music over its network. In a blistering ruling a three-judge panel from the U.S. Court of Appeals for the District of Columbia overturned a prior ruling forcing Verizon to hand over the personal information of at least four its customers and flat out rejected the RIAA's claim that Verizon was responsible for the illegally downloaded music files that traverse its network.

"We are not unsympathetic either to the RIAA's concern regarding the widespread infringement of its members' copyrights, or to the need for legal tools to protect those rights," the court wrote in its opinion. "It is not the province of the courts, however, to rewrite the DMCA in order to make it fit a new and unforeseen Internet architecture, no matter how damaging that development has been to the music industry or threatens being to the motion picture and software industries. The plight of copyrightholders must be addressed in the first instance by the Congress; only the Congress has the constitutional authority and the institutional ability to accommodate fully the varied permutations of competing interests that are inevitably implicated by such new technology." The ruling is a huge setback for the RIAA, whose campaign against file-sharing earlier this year morphed into an orgy of lawsuits (see "Music industry to recoup alleged file-sharing losses one 12-year-old at a time").

Source: Appeals panel to RIAA: "Ha, ha, ha, ha ... but seriously, no"
Good Morning Silicon Valley, By John Paczkowski, Dec. 19, 2003
http://www.siliconvalley.com/mld/siliconvalley/business/columnists/gmsv/7532166.htm


Other Sources:
Recording Industry Is Dealt a Blow By Court's Take on Copyright Law
By JOSEPH SCHUMAN
http://online.wsj.com/article_print/0,,SB107184050465849600,00.html
WSJ, December 19, 2003 12:37 p.m. EST

RIAA legal tactic unconstitutional, appeals court says
http://www.hollywoodreporter.com/thr/article_display.jsp?vnu_content_id=2056164
By Brooks Boliek
Hollywood Reporter. Dec. 20, 2003

Court Says Net Music Subpoenas Not Allowed
By Andy Sullivan
Reuters Fri 19 December, 2003 17:44
http://www.reuters.co.uk/newsArticle.jhtml?type=technologyNews&storyID=4023626§ion=news

Record Industry May Not Subpoena Providers
AP News
http://apnews.myway.com/article/20031219/D7VHHPHO0.html

Friday, December 19, 2003 | 01:21 PM | Permalink | Comments (0) | TrackBack (0)
de.li.cious add to de.li.cious | digg digg this! | technorati add to technorati | email email this post

bn-image

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341c52a953ef00d83502d49e53ef

Listed below are links to weblogs that reference Court to RIAA: Drop Dead:

Comments

The comments to this entry are closed.



Recent Posts

December 2008
Sun Mon Tue Wed Thu Fri Sat
  1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31      

Archives

Complete Archives List

Blogroll

Blogroll

Category Cloud

On the Nightstand

On the Nightstand

 Subscribe in a reader

Get The Big Picture!
Enter your email address:


Read our privacy policy

Essays & Effluvia

The Apprenticed Investor

Apprenticed Investor

About Me

About Me
email me

Favorite Posts

Tools and Feeds

AddThis Social Bookmark Button

Add to Google Reader or Homepage

Subscribe to The Big Picture

Powered by FeedBurner

Add to Technorati Favorites

FeedBurner


My Wishlist

Worth Perusing

Worth Perusing

mp3s Spinning

MP3s Spinning

My Photo

Disclaimer

Disclaimer

Odds & Ends

Site by Moxie Design Studios™

FeedBurner