Record Labels, Music Publishers, Internet
In an update on the case between the RIAA and Verizon (see Law Updates March 2003), Judge Bates of the U.S. District Court for the District of Columbia, has denied Verizon’s motion to quash a subpoena requiring it to identify a subscriber who was suspected of illegally sharing music online on the 24th April.
The RIAA (Recording Industry Association of America) had served the subpoena on Verizon under the provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”). Under the DMCA, a copyright holder can request a subpoena by asserting that a violation has occurred. Verizon put forward constitutional challenges, arguing that the Courts construction of the provisions of the DMCA does not provide sufficient safeguards to protect Internet users’ rights of expression and association under the First Amendment Rights of Internet users, and violates Article III of the Constitution. Both of these arguments were rejected by the Court.
See www.riaa.com and www.dww.com/newsletter/
For the full decision see (pdf file) : http://www.dcd.uscourts.gov/03-ms-0040.pdf