RIAA Can’t Shakedown ISPs
The Recording Industry Association of America’s effort to stop
illicit file-trading suffered a major setback Friday when a federal
appeals court ruled that the organization can no longer use
copyright subpoenas to force Internet service providers to identify
subscribers who are downloading music.
In the last year, the RIAA has used the power to subpoena ISPs
for their subscriber information as a key tool in their fight
against music piracy, filing civil lawsuits against the most active
file-traders, forcing the defendants to settle and pay steep fines
or face continued legal action.
Sarah Deutsh, an attorney for Internet service provider Verizon,
heralded the ruling as a victory for Internet users. “Consumers’
rights cannot be trampled upon in the quest to enforce [these
copyrights],” she told the Associated Press.
Cary Sherman, president of the RIAA, decried the ruling. “This
is a disappointing procedural decision, but it only changes the
process by which we file lawsuits against online infringers,” he
said in a statement. “This decision in no way changes our right to
sue, or the fact that those who upload or download copyrighted
music without authorization are engaging in illegal activity.
“We can and will continue to file copyright infringement
lawsuits against illegal file-sharers,” he continued. “It
unfortunately means we can no longer notify illegal file-sharers
before we file lawsuits against them to offer the opportunity to
settle outside of litigation.”
Handed down by the U.S. Court of Appeals for the District of
Columbia, the decision reversed an earlier ruling that allowed such
subpoenas. It will force the RIAA to use more indirect, costly and
time-consuming methods to identify file-traders.