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Judge orders Internet providers to help trace online pirates
By TED BRIDIS
Associated Press Writer
WASHINGTON (AP) — Internet providers must abide by music industry requests to track down computer users who illegally download music, a federal judge ruled Tuesday in a case that could dramatically increase online pirates’ risk of being caught.
The decision by U.S. District Judge John D. Bates upheld the recording industry’s powers under a 1998 law to compel Verizon Communications Inc. to identify one of its Internet subscribers who was suspected of illegally trading music or movies online. The music industry knew only a numerical Internet address this person was using.
Verizon promised Tuesday to appeal and said it would not immediately provide its customer’s identity. The ruling had “troubling ramifications” for future growth of the Internet, said Verizon’s associate general counsel, Sarah B. Deutsch.
“The case clearly allows anyone who claims to be a copyright holder to make an allegation of copyright infringement to gain complete access to private subscriber information without protections afforded by the courts,” she said.
Deutsch said Verizon planned no immediate changes to disrupt sharing of computer files among its customers.
Cary Sherman, president of the Recording Industry Association of America, which won the case, said piracy is a “serious issue for musicians, songwriters and other copyright owners, and the record companies have made great strides in addressing this problem by educating consumers and providing them with legitimate alternatives.”
The judge acknowledged the case was an important test of subpoena powers Congress granted copyright holders under the Digital Millennium Copyright Act.
The judge said that controversial 1998 law, enacted to uphold copyrights online, lets music companies force Internet providers to turn over the name of a suspected pirate upon subpoena from any U.S. District Court clerk’s office, without a judge’s order.
Critics of the procedure said judges ought to be more directly involved, given the potential privacy issues of a corporation revealing personal information about customers amid an allegation of wrongdoing.
In the past, the entertainment industry has acknowledged accusing one subscriber of illegally offering for download the movie “Harry Potter and the Sorcerer’s Stone,” even though the computer file in question actually was a child’s book report on the subject.
“There’s almost no judicial supervision here,” said Stewart Baker, who represented a trade group of Internet providers that sought to intervene in the case.
The Computer and Communications Industry Association, which fought the music industry on this issue, predicted its rival “will be cranking up its presses pretty quickly” to send threatening letters to Internet users sharing songs and movies.
“We’re just sort of shaking our heads,” said Will Rodger, a spokesman for the computer group, whose membership includes one firm, Streamcast, that creates file-sharing software. “This has the potential to really mushroom out of control, to be very burdensome.”
During a contentious court hearing in October, the judge lamented ambiguities in the copyright act, saying Congress “could have made this statute clearer.” At the time, the music industry indicated a ruling in its favor could lead to reams of warnings to scare Internet pirates into taking their collections offline.
“We would hope that the RIAA and other copyright holders would wait until this matter was decided by the Court of Appeals before flooding service providers with requests,” Deutsch said.
The case arose from efforts by the recording association to track down a Verizon customer who was freely sharing copies of more than 600 songs by well-known artists.
Sherman said his organization, once it knows the Verizon customer’s identity, would “let them know that what they are doing is illegal.”
Through programs like Kazaa, Morpheus and Gnutella, a person can find virtually any song or movie — sometimes even before it’s released in stores — and download it for free. On a typical afternoon, about 3 million people are connected on the Kazaa network and sharing more than 500 million files. Judge orders Internet providers to help trace online pirates
By TED BRIDIS
Associated Press Writer
WASHINGTON (AP) — Internet providers must abide by music industry requests to track down computer users who illegally download music, a federal judge ruled Tuesday in a case that could dramatically increase online pirates’ risk of being caught.
The decision by U.S. District Judge John D. Bates upheld the recording industry’s powers under a 1998 law to compel Verizon Communications Inc. to identify one of its Internet subscribers who was suspected of illegally trading music or movies online. The music industry knew only a numerical Internet address this person was using.
Verizon promised Tuesday to appeal and said it would not immediately provide its customer’s identity. The ruling had “troubling ramifications” for future growth of the Internet, said Verizon’s associate general counsel, Sarah B. Deutsch.
“The case clearly allows anyone who claims to be a copyright holder to make an allegation of copyright infringement to gain complete access to private subscriber information without protections afforded by the courts,” she said.
Deutsch said Verizon planned no immediate changes to disrupt sharing of computer files among its customers.
Cary Sherman, president of the Recording Industry Association of America, which won the case, said piracy is a “serious issue for musicians, songwriters and other copyright owners, and the record companies have made great strides in addressing this problem by educating consumers and providing them with legitimate alternatives.”
The judge acknowledged the case was an important test of subpoena powers Congress granted copyright holders under the Digital Millennium Copyright Act.
The judge said that controversial 1998 law, enacted to uphold copyrights online, lets music companies force Internet providers to turn over the name of a suspected pirate upon subpoena from any U.S. District Court clerk’s office, without a judge’s order.
Critics of the procedure said judges ought to be more directly involved, given the potential privacy issues of a corporation revealing personal information about customers amid an allegation of wrongdoing.
In the past, the entertainment industry has acknowledged accusing one subscriber of illegally offering for download the movie “Harry Potter and the Sorcerer’s Stone,” even though the computer file in question actually was a child’s book report on the subject.
“There’s almost no judicial supervision here,” said Stewart Baker, who represented a trade group of Internet providers that sought to intervene in the case.
The Computer and Communications Industry Association, which fought the music industry on this issue, predicted its rival “will be cranking up its presses pretty quickly” to send threatening letters to Internet users sharing songs and movies.
“We’re just sort of shaking our heads,” said Will Rodger, a spokesman for the computer group, whose membership includes one firm, Streamcast, that creates file-sharing software. “This has the potential to really mushroom out of control, to be very burdensome.”
During a contentious court hearing in October, the judge lamented ambiguities in the copyright act, saying Congress “could have made this statute clearer.” At the time, the music industry indicated a ruling in its favor could lead to reams of warnings to scare Internet pirates into taking their collections offline.
“We would hope that the RIAA and other copyright holders would wait until this matter was decided by the Court of Appeals before flooding service providers with requests,” Deutsch said.
The case arose from efforts by the recording association to track down a Verizon customer who was freely sharing copies of more than 600 songs by well-known artists.
Sherman said his organization, once it knows the Verizon customer’s identity, would “let them know that what they are doing is illegal.”
Through programs like Kazaa, Morpheus and Gnutella, a person can find virtually any song or movie — sometimes even before it’s released in stores — and download it for free. On a typical afternoon, about 3 million people are connected on the Kazaa network and sharing more than 500 million files.
By TED BRIDIS
Associated Press Writer
WASHINGTON (AP) — Internet providers must abide by music industry requests to track down computer users who illegally download music, a federal judge ruled Tuesday in a case that could dramatically increase online pirates’ risk of being caught.
The decision by U.S. District Judge John D. Bates upheld the recording industry’s powers under a 1998 law to compel Verizon Communications Inc. to identify one of its Internet subscribers who was suspected of illegally trading music or movies online. The music industry knew only a numerical Internet address this person was using.
Verizon promised Tuesday to appeal and said it would not immediately provide its customer’s identity. The ruling had “troubling ramifications” for future growth of the Internet, said Verizon’s associate general counsel, Sarah B. Deutsch.
“The case clearly allows anyone who claims to be a copyright holder to make an allegation of copyright infringement to gain complete access to private subscriber information without protections afforded by the courts,” she said.
Deutsch said Verizon planned no immediate changes to disrupt sharing of computer files among its customers.
Cary Sherman, president of the Recording Industry Association of America, which won the case, said piracy is a “serious issue for musicians, songwriters and other copyright owners, and the record companies have made great strides in addressing this problem by educating consumers and providing them with legitimate alternatives.”
The judge acknowledged the case was an important test of subpoena powers Congress granted copyright holders under the Digital Millennium Copyright Act.
The judge said that controversial 1998 law, enacted to uphold copyrights online, lets music companies force Internet providers to turn over the name of a suspected pirate upon subpoena from any U.S. District Court clerk’s office, without a judge’s order.
Critics of the procedure said judges ought to be more directly involved, given the potential privacy issues of a corporation revealing personal information about customers amid an allegation of wrongdoing.
In the past, the entertainment industry has acknowledged accusing one subscriber of illegally offering for download the movie “Harry Potter and the Sorcerer’s Stone,” even though the computer file in question actually was a child’s book report on the subject.
“There’s almost no judicial supervision here,” said Stewart Baker, who represented a trade group of Internet providers that sought to intervene in the case.
The Computer and Communications Industry Association, which fought the music industry on this issue, predicted its rival “will be cranking up its presses pretty quickly” to send threatening letters to Internet users sharing songs and movies.
“We’re just sort of shaking our heads,” said Will Rodger, a spokesman for the computer group, whose membership includes one firm, Streamcast, that creates file-sharing software. “This has the potential to really mushroom out of control, to be very burdensome.”
During a contentious court hearing in October, the judge lamented ambiguities in the copyright act, saying Congress “could have made this statute clearer.” At the time, the music industry indicated a ruling in its favor could lead to reams of warnings to scare Internet pirates into taking their collections offline.
“We would hope that the RIAA and other copyright holders would wait until this matter was decided by the Court of Appeals before flooding service providers with requests,” Deutsch said.
The case arose from efforts by the recording association to track down a Verizon customer who was freely sharing copies of more than 600 songs by well-known artists.
Sherman said his organization, once it knows the Verizon customer’s identity, would “let them know that what they are doing is illegal.”
Through programs like Kazaa, Morpheus and Gnutella, a person can find virtually any song or movie — sometimes even before it’s released in stores — and download it for free. On a typical afternoon, about 3 million people are connected on the Kazaa network and sharing more than 500 million files. Judge orders Internet providers to help trace online pirates
By TED BRIDIS
Associated Press Writer
WASHINGTON (AP) — Internet providers must abide by music industry requests to track down computer users who illegally download music, a federal judge ruled Tuesday in a case that could dramatically increase online pirates’ risk of being caught.
The decision by U.S. District Judge John D. Bates upheld the recording industry’s powers under a 1998 law to compel Verizon Communications Inc. to identify one of its Internet subscribers who was suspected of illegally trading music or movies online. The music industry knew only a numerical Internet address this person was using.
Verizon promised Tuesday to appeal and said it would not immediately provide its customer’s identity. The ruling had “troubling ramifications” for future growth of the Internet, said Verizon’s associate general counsel, Sarah B. Deutsch.
“The case clearly allows anyone who claims to be a copyright holder to make an allegation of copyright infringement to gain complete access to private subscriber information without protections afforded by the courts,” she said.
Deutsch said Verizon planned no immediate changes to disrupt sharing of computer files among its customers.
Cary Sherman, president of the Recording Industry Association of America, which won the case, said piracy is a “serious issue for musicians, songwriters and other copyright owners, and the record companies have made great strides in addressing this problem by educating consumers and providing them with legitimate alternatives.”
The judge acknowledged the case was an important test of subpoena powers Congress granted copyright holders under the Digital Millennium Copyright Act.
The judge said that controversial 1998 law, enacted to uphold copyrights online, lets music companies force Internet providers to turn over the name of a suspected pirate upon subpoena from any U.S. District Court clerk’s office, without a judge’s order.
Critics of the procedure said judges ought to be more directly involved, given the potential privacy issues of a corporation revealing personal information about customers amid an allegation of wrongdoing.
In the past, the entertainment industry has acknowledged accusing one subscriber of illegally offering for download the movie “Harry Potter and the Sorcerer’s Stone,” even though the computer file in question actually was a child’s book report on the subject.
“There’s almost no judicial supervision here,” said Stewart Baker, who represented a trade group of Internet providers that sought to intervene in the case.
The Computer and Communications Industry Association, which fought the music industry on this issue, predicted its rival “will be cranking up its presses pretty quickly” to send threatening letters to Internet users sharing songs and movies.
“We’re just sort of shaking our heads,” said Will Rodger, a spokesman for the computer group, whose membership includes one firm, Streamcast, that creates file-sharing software. “This has the potential to really mushroom out of control, to be very burdensome.”
During a contentious court hearing in October, the judge lamented ambiguities in the copyright act, saying Congress “could have made this statute clearer.” At the time, the music industry indicated a ruling in its favor could lead to reams of warnings to scare Internet pirates into taking their collections offline.
“We would hope that the RIAA and other copyright holders would wait until this matter was decided by the Court of Appeals before flooding service providers with requests,” Deutsch said.
The case arose from efforts by the recording association to track down a Verizon customer who was freely sharing copies of more than 600 songs by well-known artists.
Sherman said his organization, once it knows the Verizon customer’s identity, would “let them know that what they are doing is illegal.”
Through programs like Kazaa, Morpheus and Gnutella, a person can find virtually any song or movie — sometimes even before it’s released in stores — and download it for free. On a typical afternoon, about 3 million people are connected on the Kazaa network and sharing more than 500 million files.
