RIAA sued Verizon’s Internet service Tues. in U.S. Dist. Court, D...
RIAA sued Verizon’s Internet service Tues. in U.S. Dist. Court, D.C., seeking to force latter to identify subscriber RIAA claimed had PC that was “hub for significant music piracy.” On July 24, court issued subpoena under Sec. 512(h) of…
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Digital Millennium Copyright Act (DMCA) ordering Verizon to disclose name, address and telephone number of alleged infringer at identified Internet Protocol address. However, RIAA said in court papers, Verizon refused to comply, citing several grounds, including: (1) DMCA doesn’t allow subpoena to issue unless subscriber committing copyright infringement using Verizon’s network is actually storing illegal material on servers owned or operated by company, not his or her own computer. (2) Verizon qualifies for safe harbor under Sec. 512(a). RIAA disputed Verizon’s arguments, saying, among other things, that: (1) Sec. 512(h) applies to service providers such as Verizon. (2) Whether Verizon qualifies for safe harbor has nothing to do with its responsibility to comply with subpoena issued under Sec. 512(h). (3) DMCA provision authorizes subpoenas to identify alleged infringer, whether alleged infringing content resides on service provider’s or individual’s network. Recording industry has asked court for expedited briefing schedule on its motion to enforce subpoena. In posting on its Web site, RIAA said that while it “disagrees with Verizon’s position in this matter, we value the relationship we have developed with them and other ISPs over the past few years.” Verizon has long history of working with copyright owners and has complied with many subpoenas, said Sarah Deutsch, Verizon vp-assoc. gen. counsel. However, Deutsch said, all of those subpoenas related to material sitting on ISP’s network. RIAA’s subpoena breaks new ground, she said, by relating to material on user’s hard drive. This puts Verizon in sticky position, Deutsch said, of respecting problems copyright holders face while having to protect its users’ privacy rights. RIAA could have obtained subpoena weeks ago by filing “John Doe” copyright infringement case and seeking court order requiring Verizon to disclose its subscribers, Deutsch said. Instead, she said, RIAA sought subpoena, under DMCA, which is issued by court clerk with no judicial review. If RIAA’s argument flies, she said, ISPs could be forced to turn over identity of thousands of subscribers copyright owners are looking for.