Court: Verizon Must Reveal Name of Alleged Online Pirates

In a significant victory for the music industry in its ongoing legal battle with file-swapping services, a U.S. district court Tuesday ruled Verizon must comply with a subpoena by the Recording Industry Association of America (RIAA) requesting the name of a subscriber who allegedly made available more than 600 copyrighted music files over the Internet.

Within hours, Verizon announced it would appeal the decision, saying the ruling "will have a chilling effect on private communications, such as e-mail, surfing the Internet or the sending of files between private parties."

Citing provisions in the Digital Millennium Copyright Act (DMCA), the RIAA in August asked a federal district court in Washington, D.C., to enforce the subpoena, which seeks information related to "a computer connected to the Verizon network that is a hub for significant music piracy." The motion said Verizon is the only entity that can identify the infringer behind the computer.

Verizon had refused to comply with the subpoena, arguing it didn't think the subpoena request met the circumstances that the DMCA allows for in compelling information in order to protect against piracy. Verizon contended the subpoena related to material transmitted over Verizon's network, but not stored on it, and thus fell outside the scope of the subpoena power authorized in the DMCA.

In ruling in the RIAA's favor, the court concluded, "that the subpoena power ... applies to all Internet service providers within the scope of the DMCA, not just to those service providers storing information on a system or network at the direction of a user."

Cary Sherman, president of the RIAA, said, "We appreciate the court's decision, which validates our interpretation of the law. The illegal distribution of music on the Internet is a serious issue for musicians, songwriters and other copyright owners, and the record companies have made great strides in addressing this problem by educating consumers and providing them with legitimate alternatives."

Sherman added, "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 so we can let them know that what they are doing is illegal."

In announcing it would appeal the decision, Sarah B. Deutsch, vice president and associate general counsel for Verizon, said, "The court's decision has troubling ramifications for consumers, service providers and the growth of the Internet. 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."

Thanks Tank! If this decision stands things will not get better for anyone, including the RIAA.

I think everyone should work for free, including musicians, record producers, music promotion companies and advertising agencies, the people who work at Fender Musical Instruments, recording studio owners and everyone who works there, entertainment lawyers, graphic artists, software designers, truck drivers, veterinarians, realtors, computer technicians, nurses, machinists, mig welders, shippers and receivers, teachers, and assemblers.

These people get up on their high horses and figure that they should get paid for their measley efforts. Most of them make far more than they are worth, so if I can skin 'em, I will. It's like, totally moral and rebellious.

lol doghead.. [i hope your joking :)]

I think the court should have the right to tell verizion to shut that persons connection down but i dont think verizon should have to serve up his name.

The idiots is obviously ..knowingly breaking the law by "sharing" the files. Verizon should have taken matters in there own hands by disabling the persons connection long ago. If the music industry knew he was doing it im sure his isp knew or at least could have found out.

If verizon knew what he was doing but chose to keep him connected anyway.. they are getting what they deserve. We can all blame verizon when were contacted about 'something' after our isp is forced to give up our contact info.

$20 is a lot for a freaking CD but like anything else.. if its more than your willing to pay for it.. dont get it.. Instead of pirating music.. i wish someone would figure out how to pirate bmw's or houses on the water front :).

plumbers, bus drivers, civil engineers (sic), postal workers, landscapers, casino employees, actors, physiotherapists, tool and die makers, brewery workers, court clerks, worm pickers,
apple pickers, berry pickers, nose pickers, surgeons, commercial fishermen, trauma councillors...........

dog head that sounds like communisum!

Recently one of my friends, a computer wizard, paid me a visit. As we were talking I mentioned that I had recently installed Windows XP on my PC. I told him how happy I was with this operating system and showed him the Windows XP CD.
To my surprise he threw it into my oven and turned it on. Instantly I got very upset, because the CD had become precious to me, but he said, "Do not worry, it is unharmed."

After a few minutes he took the CD out, gave it to me and said, "Take a close look at it."

To my surprise the CD was quite cold to hold and it seemed to be heavier than before. At first I could not see anything, but on the inner edge of the central hole I saw an inscription, an inscription finer than anything I had ever seen before. The inscription shone piercingly bright, and yet remote, as if out of a great depth: "12413AEB2ED4FA5E6F7D78E78BEDE820945092OF923A40EEl OE5IOCC98D444AA08E324"

"I cannot understand the fiery letters," I said in a timid voice.

"No, but I can," he said. "The letters are Hex, of an ancient mode, but the language is that of Microsoft, which I shall not utter here. But in common English, this is what it says:

"One OS to rule them all, One OS to find them, One OS to bring them all and in the darkness bind them." It is only two lines from a verse long known in System lore: "Three OS's from corporate kings in their towers of glass, Seven from valley lords where orchards used to grow, Nine from dotcoms doomed to die, One from the Dark Lord Gates on his dark throne In the Land of Redmond where the Shadows lie. One OS to rule them all, One OS to find them, One OS to bring them all And in the darkness bind them, In the Land of Redmond where the Shadows lie."

A little Lord of the Rings lore... woven into Microsoft nicely.

Tank863

dave, thanks for the laugh:)