SBC Fights RIAA Over DMCA Subpoenas

NaDrew writes "SFGate.com is running an AP article about Pac Bell's Internet arm suing music industry over file-sharer IDs. 'The suit also called to question some sections of the Digital Millennium Copyright Act, the federal law the RIAA contends supports its latest legal actions. A spokesman for SBC said the RIAA's use of the DMCA in its legal quest for online song-sharers butts up against the privacy rights of SBC's customers. "The action taken by SBC Internet Services is intended to protect the privacy of our customers," said SBC spokesman Larry Meyer.'" So SBC, like Verizon, is concerned about the cost/hassle of complying with all the subpoenas it has been receiving.

Comments

What chance do they have of winning this?

[mjmalone]

I am totally against the DMCA, but how much of a chance do you think SBC has of winning? It looks like they are basically saying that by following the DMCA they will be breaking a contractual agreement with their costumers, but this will not hold up in court (or will it?) I suppose the arguement that the RIAA did not follow procedure could work, but one would assume that would just lead to the RIAA re-filing using proper procedure. In any case, it is nice that some people are still fighting this and not just bending over for the RIAA like some companies (comcast).

I'm a little consfused here .

[ayeco]

In what way does your internet connection link you to the data that travels over your connection?

How many people share connections with other people in a household? How can the riaa sue you for something your 12 year old daughter did? or your wife?

Great, if only...

[ruiner13]

Now if only SBC, Verizon, and all the other major ISPs got together in one big court case the RIAA might get frightened. I don't see why they are filing all these lawsuits separately, I'm sure the more evil lawyers they throw at this issue at once, the more the courts might agree with them (or at least get the media to pick up on this story a bit more, instead of just having an AP wire somewhere on the back pages of their websites).

Just my 2 cents.

Bad dog! Play dead.

[technix4beos]

From the article:

The recording industry disagreed late Wednesday, in statement given to The Associated Press.

"We are disappointed that Pac Bell has chosen to fight this, unlike every other ISP which has complied with their obligations under the law. We had previously reached out to SBC to discuss this matter but had been rebuked," the statement read.

(emphasis mine, added.)

Right. More like, "We are disappointed that Pac Bell has a spine, and didn't roll over as asked."

Why is it that when a (smaller) corporation decides to stand up for their customers' rights against a (larger) corporation, it's always spun as being unlawful?

It's time the DMCA was given a hard look at by the people who have a clue in the legal community, and who have the power to affect change.

That's wishful thinking perhaps.

They got resources. Just use 'em more effectively

[spiritgreywolf]

Whether they win or not, the thing to remember is that they (Telco ISP's), at least have the resources to throw around to tie it up in the courts for sometime. Whether it's about compliance or not, the fact that SBC says they wish to protect their customers privacy is a nice "we're for the little guy" selling point.

I would personally like to see the first ISP who refuses to actually keep records of email addresses or IP numbers tied to user accounts, e.g. assign a "token" for the purposes of billing, but don't track IP's, etc, based on that token. Sell service plans that are all or nothing where everyone is throttled the same.

I can just imagine where the RIAA would be if they issued subpoenas for records that don't actually exist, or the ISP can prove they have no idea who these people are.

As long as you maintain a dynamic IP that changes each and every day, and they (ISP) don't maintain any route lists for billing purposes, how do they get you?

Maybe they learned something from the Verizon suit

[Stone316]

Its interesting to see that they are standing up to the RIAA, especially since Verizon lost.

Maybe, after examining the Verizon lawsuit, they found a loophole?

RIAA vs. The World

[Ransak]

The concept of the RIAA is brilliant. Alot of people dislike them for their heavy handed litigation, but they have little fear of customer backlash since they actually don't sell anything to anyone.

The way to approach this problem would be to publicly embarrass the labels that fund them.

If, for example, RCA Records were to be pointed out in the media for being a member of a lobbying group that has made a concerted effort to behave like legal vigilantes, restrict technology irregardless of it's use, and act like all around asshats, then I bet their support for the RIAA would drop quickly.

A concerted effort needs to be made to tie the labels publicly to the RIAA's actions. Until that happens, the RIAA will continue to try to do as much damage as they can to piracy, irregardless of the collateral damage to the Internet, technology, and the constitution.

Re:postive light?

[Doesn't_Comment_Code]

Not only does the ISP lose incentive, it also has to essentially pay for "RIAA employees." If the RIAA continually submits subpeonas for 75 people a day, somebody on the ISP payroll has to be trudging around digging up IP addresses and sending them to the RIAA.

I know that's not a huge cost, but it could be a long term expendature. Not to mention it would just plain suck to have to hire an employee to go through your own records and tattle on your customers to a bully corporation.

I would be so pissed if I had to pay for that employee!

DCMA protection for filesharing

[Psyx]

I'm sure there's a hundred holes in this but here goes:

Is there anyway that one could apply copy-protection/encryption to the network itself so that anyone who isn't part of the network would have to break the DCMA in order to find the files in the first place?

Then just create a restrictive license that keeps businesses and their agents (like the RIAA) off of the network.