Report From RIAA v. Verizon Case

LawGeek writes "Adam Kessel has provided Greplaw with exclusive coverage of today's RIAA v. Verizon hearing, in which the RIAA is attempting to force Verizon to produce information about a user who allegedly shared files using P2P technology. It sounds as though the judge had a good grasp of the technology, and has promised to rule quickly. Slashdot has previously covered Verizon's stance on this and other P2P issues."

Comments

Re:In brief...

[Eric Seppanen]

• The DMCA requires Verizon expeditiously to produce the information in the Subpoena.
• None of the arguments raised by Verizon justifies refusing to comply with a subpoena validly issued by this court.

That's not correct. The DMCA requires Verizon to identify the owners of files on Verizon's system, but only if the complaining party can identify the work being infringed. This isn't too terrible in the case of files hosted at Verizon, because Verizon can easily check that there really does appear to be copyright infringement going on.

But it's not clear that section 512(h) applies to situations where files aren't hosted at the ISP. The reasons why it shouldn't are obvious: the ISP has no way to judge the truthfulness of the claim, and what would result would be immediate power for any copyright holder to demand the identity of an internet user at any time, with zero requirement of a legitimate claim against that user. Such a system would be ripe for abuse and harassment of users.