Here is the complaint : http://www.eff.org/Infra/riaa_v_verizon_complaint.pdf Marshall Gregory Hicks wrote:
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Date: Wed, 21 Aug 2002 10:55:57 -0600 To: politech@politechbot.com From: Declan McCullagh <declan@well.com> Subject: FC: RIAA presses Verizon for name of peer-to-peer subscriber X-Author: Declan McCullagh is at http://www.mccullagh.org/ X-News-Site: Cluebot is at http://www.cluebot.com/
http://news.com.com/2100-1023-954658.html
Music body presses anti-piracy case By Declan McCullagh August 21, 2002, 6:54 AM PT
ASPEN, Colo.--In what may become a new legal front in its war against online copying, the Recording Industry Association of America has asked a federal court for help in tracing an alleged peer-to-peer pirate.
On Tuesday, the RIAA asked a federal judge in Washington, D.C., for an order compelling Verizon Communications to reveal the name of a customer accused of illegally trading hundreds of songs. Citing privacy concerns and potential legal liability, Verizon has refused to comply with a subpoena the RIAA sent last month.
"It's not that they don't want to turn over the name," said Mitch Glazier, an RIAA senior vice president. "It's that they don't want to be liable for turning over a subscriber's name."
Until now, the entertainment industry has relied on civil lawsuits aimed at corporations, not individuals, to limit widespread copyright infringement on peer-to-peer networks. Now, however, the RIAA is revising its strategy and appears ready to sue individuals swapping songs over the Internet.
At issue in the RIAA's request is an obscure part of the Digital Millennium Copyright Act (DMCA) that permits a copyright owner to send a subpoena ordering a "service provider" to turn over information about a subscriber. It is not necessary to file a lawsuit to take advantage of the DMCA's expedited subpoena process.
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--------------------------------------------------------------------- Gregory Hicks | Principal Systems Engineer Cadence Design Systems | Direct: 408.576.3609 555 River Oaks Pkwy M/S 6B1 | Fax: 408.894.3479 San Jose, CA 95134 | Internet: ghicks@cadence.com
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