Jack & Coke
01-22-2003, 07:03 PM
From:http://story.news.yahoo.com/news?tmpl=story&ncid=582&e=1&cid=582&u=/nm/20030121/wr_nm/tech_music_dc
(1-21-03)
By Andy Sullivan
WASHINGTON (Reuters) - Recording companies won a victory in their fight against online piracy on Tuesday when a U.S. court ordered Verizon Communications (NYSE:VZ - news) to turn over the name of a customer suspected of downloading more than 600 songs in one day over the Internet.
U.S. District Judge John Bates said Verizon must cooperate with recording industry efforts to track down online song swappers, rejecting the telecommunications giant's assertion that such a move would violate customer privacy and turn it into an online copyright cop.
Verizon said it would appeal the decision.
The case could set an important precedent as the recording industry asks schools, businesses and Internet providers to help them track down individuals who they believe are cutting into CD sales by trading digital songs through "peer to peer" services like Kazaa.
While the industry managed to shut down pioneer service Napster (news - web sites) two years ago, others have sprung up in its place and have attracted millions of users.
Under the 1998 Digital Millennium Copyright Act (news - web sites), Internet providers have voluntarily shut down Web sites that contain infringing material, but they have balked at requests to disconnect users who trade songs with each other directly over peer-to-peer networks.
Recording-industry investigators, using automated software, have been able to track down the numerical Internet addresses of file traders, but have not been able to match those addresses with individual names.
Investigators asked Verizon last summer for the name of one customer believed to have downloaded more than 600 songs in one day, but Verizon said they would have to jump through a few more legal hoops because the alleged infringer did not store the songs on Verizon servers but only used its wires to transfer the material.
Bates rejected Verizon's argument, saying that "Verizon has provided no sound reason why Congress would enable a copyright owner to obtain identifying information from a service provider storing the infringing material on its system, but would not enable a copyright owner to obtain identifying information from a service provider transmitting the material over its system."
JUDGE DOESN'T BUY IT
"It is unlikely, the Court concludes, that Congress would seek to protect copyright owners in only some of the settings addressed in the DMCA, but not others," Bates wrote.
Verizon Associate General Counsel Sarah Deutsch said the decision could allow any copyright holder, not just major recording companies, to pry into private communications if they believe their copyrights are being infringed.
"We're obviously disappointed in the decision, and we believe that this has very troubling ramifications for consumers," Deutsch said.
A recording industry spokesman said the decision validated its efforts to contact copyright pirates directly.
"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," said Cary Sherman, president of the Recording Industry Association of America (news - web sites).
Over the past several months the RIAA has sent out thousands of letters to schools and businesses asking them to monitor their networks for peer-to-peer use and implying that they could be held liable for infringing activity.
The U.S. Naval Academy seized the computers of 100 students in November and is investigating them for possible court martial after it determined they downloaded copyrighted material.
The industry has also accused Internet providers of profiting from illegal downloading. On Saturday, RIAA CEO Hilary Rosen suggested that Internet providers should pay a fee to offset losses from file trading.
The RIAA represents the five largest recording companies: AOL Time Warner (NYSE:AOL - news)'s Warner Music; Sony Corp (news - web sites).(6758.T)'s Sony Music; Bertelsmann AG (news - web sites) (BERT.UL)'s BMG; Vivendi Universal (NYSE:V - news)'s Universal Music Group; and EMI Group Plc (news - web sites) (EMI.L).
Looks like we're all going down... :(
(1-21-03)
By Andy Sullivan
WASHINGTON (Reuters) - Recording companies won a victory in their fight against online piracy on Tuesday when a U.S. court ordered Verizon Communications (NYSE:VZ - news) to turn over the name of a customer suspected of downloading more than 600 songs in one day over the Internet.
U.S. District Judge John Bates said Verizon must cooperate with recording industry efforts to track down online song swappers, rejecting the telecommunications giant's assertion that such a move would violate customer privacy and turn it into an online copyright cop.
Verizon said it would appeal the decision.
The case could set an important precedent as the recording industry asks schools, businesses and Internet providers to help them track down individuals who they believe are cutting into CD sales by trading digital songs through "peer to peer" services like Kazaa.
While the industry managed to shut down pioneer service Napster (news - web sites) two years ago, others have sprung up in its place and have attracted millions of users.
Under the 1998 Digital Millennium Copyright Act (news - web sites), Internet providers have voluntarily shut down Web sites that contain infringing material, but they have balked at requests to disconnect users who trade songs with each other directly over peer-to-peer networks.
Recording-industry investigators, using automated software, have been able to track down the numerical Internet addresses of file traders, but have not been able to match those addresses with individual names.
Investigators asked Verizon last summer for the name of one customer believed to have downloaded more than 600 songs in one day, but Verizon said they would have to jump through a few more legal hoops because the alleged infringer did not store the songs on Verizon servers but only used its wires to transfer the material.
Bates rejected Verizon's argument, saying that "Verizon has provided no sound reason why Congress would enable a copyright owner to obtain identifying information from a service provider storing the infringing material on its system, but would not enable a copyright owner to obtain identifying information from a service provider transmitting the material over its system."
JUDGE DOESN'T BUY IT
"It is unlikely, the Court concludes, that Congress would seek to protect copyright owners in only some of the settings addressed in the DMCA, but not others," Bates wrote.
Verizon Associate General Counsel Sarah Deutsch said the decision could allow any copyright holder, not just major recording companies, to pry into private communications if they believe their copyrights are being infringed.
"We're obviously disappointed in the decision, and we believe that this has very troubling ramifications for consumers," Deutsch said.
A recording industry spokesman said the decision validated its efforts to contact copyright pirates directly.
"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," said Cary Sherman, president of the Recording Industry Association of America (news - web sites).
Over the past several months the RIAA has sent out thousands of letters to schools and businesses asking them to monitor their networks for peer-to-peer use and implying that they could be held liable for infringing activity.
The U.S. Naval Academy seized the computers of 100 students in November and is investigating them for possible court martial after it determined they downloaded copyrighted material.
The industry has also accused Internet providers of profiting from illegal downloading. On Saturday, RIAA CEO Hilary Rosen suggested that Internet providers should pay a fee to offset losses from file trading.
The RIAA represents the five largest recording companies: AOL Time Warner (NYSE:AOL - news)'s Warner Music; Sony Corp (news - web sites).(6758.T)'s Sony Music; Bertelsmann AG (news - web sites) (BERT.UL)'s BMG; Vivendi Universal (NYSE:V - news)'s Universal Music Group; and EMI Group Plc (news - web sites) (EMI.L).
Looks like we're all going down... :(