Slashdot Mirror
Appeals Court Rules Against RIAA in DMCA Subpoena Case
JohnTheFisherman writes "My Way News is reporting that a Federal appeals court ruled that the RIAA can't compel the ISP to provide the name of the downloaders in their case against Verizon. In fact, the court said that one of the arguments the RIAA used 'borders upon the silly.' I believe most here will agree that this is great news." We've been following this case for a while.
Does anybody know if the ISPs could now be liable if they release thei customers' data without their consent?
Fleur de Sel
"It unfortunately means we can no longer notify illegal file sharers before we file lawsuits against them to offer the opportunity to settle outside of litigation." -RIAA Yep, thats it all right, we're PUSHING them to sue.... They dont really want to after all.. CoirNoir
The point is, these subpoenas are issued with little specificty and the targets of them don't find out about them until their ISP informs them. If you are being accused of a crime, you should have the right to discover what the accusations are and to defend yourself. Apart from the rather trollish fact that you compare the copying of music with serious sexual interference with kids, a child molester would be formally charged with a crime before being commanded to appear in court. So he gets a chance to defend himself. The RIAA subpoenas didn't allow that luxury to the targets of them...
...the real problem is Congress. I think the RIAA will just go back to their Congressional, Sonny Bono-style minions on Capitol Hill to get this "fixed", and we will have another silly DMCA II law that covers this situation.
Now if we can keep the entertainment industry(s) from now trying to rewrite the laws and make it legal to supoena without judicial oversight well be set. Yes it would mean they'd move to more overtly sinister means but if so they'd be screwing themselves.
Let us rejoice in this one small/big victory for regular people. You know as big as these lawsuits were supposed to be there's been little if any in the news about them. I think it's more of a campaign of disinformation than anything and some people are weak enough to buy it but most aren't ignorant to what's going on.
Ponder this...how long until we get pulled over by the police for speeding or something else along those lines and they search our vehicles for mps's burned on cdr's? I can just see being in the "bighouse" with a bunch of murderers and rapists and then they ask me what I did. Oh I just burned some Britney Spears song to a cd. What's that Bubba? Do I have to drop 'em and grab my ankles?
Our future police state sounds so much fun!
You aren't free to do anything, until you've lost everything.
The RIAA will lobby for a new law that allows them to get these records. (As the court wisely notes Congress did not contemplate P2P in 1998) If there was a time to mobilize an effective campaign against such a law, now is the time to do it.
The court did not decide on the constitutionality of obtaining the subpeanas, they simply agreed with Verizons argument that the RIAA did not have the right to obtain them in this particular case. While this does serve as excellent case law for future arguments, it does NOT stop the RIAA from continueing to subpeana other ISPs for information.
I can count to 1023 on my hands. Ask me about #132.
The not great part is definitely the scope of the court, but it's a darned good start. I wonder if the RIAA will try to take it to the Supremes?
One line blog. I hear that they're called Twitters now.
First, the opinion can be found here: http://pacer.cadc.uscourts.gov/docs/common/opinion s/200312/03-7015a.pdf
The basic holding here is that the subpoena provisions of the DMCA only apply to an ISP who is actually storing the allegedly infringing material on its (the ISP's) servers.
They base this holding on a finding that, in the case of file-sharing between users, the ISP is simply acting as a conduit for the transfer of information, and has no control over the transfer or the information sent. Since the subpoena provision has a notice provision in it that requires that the content-provider give the ISP enough information to be able to prevent access to the offending material. Since preventing access is impossible without terminating the offender's internet access, a remedy the court dismissed as inappropriate, the court found satisfaction of the notice provision to be impossible.
The court also ruled that the text of the statute and the legislative history (i.e., comments made and written by Congress as they debated the DMCA before passing it) indicated no awareness of P2P file sharing.
The court ends by stating that it is "not unsympathetic" to the RIAA's "plight", but it leaves the burden on Congress to change the law, if they think it really needs changing. Rough translation: Start winding up the lobbyists, they have work to do.
I've heard people say things like "In times like this we have to..." and thats BS. If the rules are only there when its easy, then they don't count for diddily. It is just as important important that Padila get a fair trial as it is that Joe Blow the convenience store robber get one.
Really, if we live in a nation where the ruler can say "he's bad, let's just shoot him, no need for a trial", how is that different from the way Saddam ran things?
"Mission Accomplished" -- George W. Bush May 1, 2003
"Everyone has the right to marry, provided that their partner is of a different gender..."
That's like saying everyone has freedom of speech as long as they are Republicans. In today's society, marriage has financial, legal, and social benefits attached to it. These benefits are not contingent on producing offspring (though that can have different benefits). Marriage is a legal recognition that two people have chosen to commit to each other in financial, social, and legal ways and have common interests in these areas (such as owning a home, sharing credit and debt, legal guardianship of children, etc.).
There is no argument that can explain why this should only apply to couple made up of a man and a woman. The only thing this provides you with is, in some cases, the potential for offspring. However, not all marriages produce children or will ever, such as the infertile, women past menopause, or those who just don't want to have children. Also, gay couples can have children, though perhaps not a genetic offspring of both (adoption, in vitro fertilization, surrogates, etc.). And that isn't to say that they will never be able to. The potential exists to artificially combine genes of a gay couple to produce an offspring. (Lesbians could only have girls, however.)
If gay couples are to be denied marriage because they cannot directly produce offspring (now), then why aren't all other marriages that can't, or won't? It doesn't hold water. The point is, some people are being denied benefits that others are being given. That is not equal rights at all.
And to clarify, before any confusion, I am not gay and don't have any gay friends (that I know about), though I have had a few gay acquaintences. I'm just cursed with a love of reason and logic, and there's no reason or logic behind denying gays the right to marry.
The difference is we know that copyright laws are wrong. They are too long (life + 75, 95 years for corporations). The penalties are excessive beyond any semblance of actual damages or reasonable penalties. The law itself is gray on what rights we do have, and what is fair use.
The music industry has practices market control and price manipulation.
Given that, I side with the 60 million+ file swappers and they have my sympathy, not the RIAA.
You have GOT to be kidding me!!! Whether or not you support homosexual marriage is irrelevent. The fact is that the MA Supreme Court subourned the legislative process. The fact that the court (thinks they) can do this should be setting off red flags for every U.S. citizen! Courts have overturned referendums passed by the populace, over ruled laws passed by the Legislative branch for and generally stepped waaay outside the defined role of the Judicial branch in our government. This is a Bad Thing (TM) for our personal individual freedoms, just in case no one is paying attention.
"Like fire and fusion, government is a dangerous servant and a terrible master."~RAH
Namely, their approach is you are guilty until proven innocent. This really sucks for those poor saps who are fingered by the RIAA as a theif to be proven innocent, only that person (or family) does not have the means to present themselves in court to proove their innocence. Therefore, they aren't left with much of a choice of action except to pay what they can (usually a hefty amount of their livlihood) and hope the RIAA will leave them alone.
Certainly there are people abusing the systems, but witch hunts have never been the solution. The RIAA also has not attempted to work with the P2P networks (to my knowledge) to resolve this is a civilized way. "Civil" to the RIAA is always followed by "Court". Just as I oppose Microsoft's business practices, I oppose the RIAA's and TicketMaster's and other monopolistic businesses that abuse their power.
Just because a monopoly exists doesn't mean I'm opposed to it straight away. Take the US Postal Service for instance. It goes without saying most people who send snail mail letters (not packages) use the USPS. In that way, the USPS is an effective monopoly. (do we not all go buy a bunch of 1 cent stamps when they bump up the cost of postage?) But aside from bumping up the postage three times in rapid succession in years past, they've been quite good about not *thoroughly* abusing their customers (some may argue when trying to send a package, but I'm talking about letters here).
In the end: does the RIAA have a right to sue copyright infringment? Yes. Do they even have a right to subpoena ISPs for the infringing user's contact information: Maybe (yes, under the Damn Merciless Corruption Act). Is their approach to this technology and even finding out the real infringers severly flawed? Hell yes. (a 12 year old, a Mac owner, and an old couple w/o a computer come to mind.)
...and that's the way the cookie crumbles.
I wish I had mod points -- you are right on. It is NOT the job of the judiciary to MAKE law -- it's the job to interpret the law and make sure it falls within the frame work of the constitution.
Outside of the MA court system, the 9th circuit is a prime example of this jucicial activism abuse. It's stacked liberal 2:1. That means any 3-judge panel is most likely going to end up 2:1 liberal. Talk about stacking the courts. They need to be more MODERATE. It shouldn't be surprising that 3/4's of all appealed 9th circuit judments that get accepted are overturned.
I'd also like to point out that it is NOT the job of the legislature to decide WHO gets to become a judge -- but to decide of they can/are qualified to do the job once nominated by the executive branch.
These are two outragous examples of two branches operating outside the separation of powers.
-jhon