Quantcast
"Given that an epidemic of illegal downloading is threatening the livelihoods of artists, songwriters and tens of thousands of other recording industry workers who bring music to the public, we look forward to Verizon's speedy compliance with this ruling."
——RIAA President Cary Sherman

COURT DENIES VERIZON STAY

ISP Ordered to Name the Two Subscribers Fingered in RIAA Subpoena
The U.S. Court of Appeals Wednesday afternoon rejected the request of Verizon to stay an earlier court ruling ordering the company to turn over the names of two subscribers, each of whom was offering hundreds of copyrighted songs over the Internet.

With Verizon’s appeal denied, it’s expected that the ISP will now turn over the info on two subscribers in the next couple of days. It’s unclear what actions will be taken in terms of either Verizon or the two individuals.

"When Congress enacted the Digital Millennium Copyright Act, it deliberately balanced the interests of Internet service providers and copyright holders,” said RIAA President Cary Sherman. “ ISPs were given immunity from liability for piracy on their networks, while copyright holders were given a quick and efficient mechanism to learn the identity of computer users who were stealing their works.

 “The Court of Appeals decision confirms our long-held position that music pirates must be held accountable for their actions, and not be allowed to hide behind the company that provides their Internet service,” Sherman continued. “The courts have repeatedly affirmed that the DMCA subpoena authority is constitutional and does not threaten anyone's free speech or privacy rights. Given that an epidemic of illegal downloading is threatening the livelihoods of artists, songwriters and tens of thousands of other recording industry workers who bring music to the public, we look forward to Verizon's speedy compliance with this ruling."

The squabble between Verizon and the recording industry has been in the courts since last year. This latest decision follows Verizon taking the case to the Court of Appeals, which agreed to hear the Internet privacy case on an expedited schedule. Verizon claimed the subpoena did not comply with the requirements of the DCMA, which applies only to files hosted on an Internet company's network and not on the computer in a subscriber's home or office.

Previously, the ISP sought to overturn the RIAA’s subpoena, first served on July 24, 2002, and then again on Feb. 4, to identify a Verizon subscriber who had made over 600 illegal downloads.

The court had entered a temporary stay on Jan. 31 of its Jan. 21 order to Verizon to comply with subpoena served by the RIAA last July. After denying Verizon’s motion to quash the RIAA’s Feb. 4 subpoena and rejecting its constitutional challenges based on the First Amendment, the court ordered Verizon to comply with the original subpoena.

SPOTIFY SINGS A SONG OF ONG
Meet the streamer's new editor in chief. (10/22a)
HITS LIST, FOR YOUR CONSIDERATION
Grammy-themed, just like our latest print magazine. (10/22a)
GRAMMY COUNTRY ALBUM CONTENDERS
With Kacey out, who's a likely nominee? (10/22a)
STREAMING SONGS MADE "EASY"
Who said she wouldn't get streamed? (10/22a)
U.K. CHARTS: ADELE'S NEW RECORD
Massive on both sides of the pond. (10/22a)
ADELE ADELE ADELE
Adele; Adele Adele?
ADELE ADELE ADELE ADELE ADELE ADELE
A... dele?
ADELE ADELE
Adele Adele; Adele.
ADELE ADELE ADELE ADELE
(Adele.)
 Email

 First Name

 Last Name

 Company

 Country
CAPTCHA code
Captcha: (type the characters above)