ISP returns labels' subpoena serve with suit - Dallas Dance Music - Dallas nightlife, music, tickets, and more

djork · 07-31-03, 05:59 PM

By Matthew Broersma
Special to CNET News.com
July 31, 2003, 7:57 AM PT

The United States' largest supplier of ADSL (assymetric digital subscriber line) broadband connections is challenging the recording industry's current campaign of targeting song swappers with a lawsuit filed late on Wednesday, charging that the Recording Industry Association of America (RIAA) is violating its customers' right to privacy.
Pacific Bell Internet Services (PBIS), operated by telecommunications giant SBC Communications, challenged the subpoenas served against it by the RIAA on procedural grounds, arguing that hundreds of them were served improperly. However, the group made it clear that its action was taken in order to protect the privacy of its customers.

The lawsuit charges that the Digital Millennium Copyright Act (DMCA), which the RIAA says supports its current antipiracy actions, may violate the right to privacy enshrined in the U.S. Constitution.

According to the lawsuit, more than 200 of the subpoenas filed against PBIS were issued from the wrong court of jurisdiction, arguing that they should have been issued from the California district court rather than from the Washington, D.C.

PBIS also said the subpoenas were overly broad and that the RIAA could not group multiple requests for information on alleged file swappers under a single subpoena.

The RIAA responded that it was "disappointed" with PBIS' lawsuit, saying it had contacted SBC to discuss the issue but had been "rebuked."

"This procedural gamesmanship will not ultimately change the underlying fact that when individuals engage in copyright infringement on the Internet, they are not anonymous and service providers must reveal who they are," the RIAA said in a published statement.

PBIS is seeking a jury trial and a declaration that the RIAA subpoenas are overly broad in scope and should have been filed in California.

The RIAA has filed close to 1,000 subpoenas in the U.S. District Court in Washington this month, requesting information from educational institutions and Internet service providers (ISPs) on users of Kazaa, the peer-to-peer file-sharing service.

The group issued the requests as part of its continuing effort to crack down on individuals that use the Internet to illegally distribute copyrighted music.

The RIAA has already won a key court decision that upholds its right to use the subpoenas, which take advantage of a controversial fast-track provision of the DMCA that allows copyright holders to obtain information about alleged infringers without first filing a lawsuit.

That decision, which forced Verizon Communications to turn over the name of a broadband subscriber accused of swapping copyrighted works on Kazaa, vastly simplified the RIAA's investigations and effectively opened the subpoena floodgates.

Matthew Broersma of ZDNet UK reported from London.

check it here:
http://news.com.com/2100-1027_3-5058107.html?tag=cd_mh

Ash · 07-31-03, 06:03 PM

Go SBC!

07-31-03, 06:13 PM

i say we rewrite "Fuck the Police" to say "Fuck the Companies"

KiloWatts · 07-31-03, 06:48 PM

I was hoping something like this would happen... somebody with a decent amount of power standing up to them and speaking out.

07-31-03, 06:50 PM

Quote:

Originally posted by KiloWatts
I was hoping something like this would happen... somebody with a decent amount of power standing up to them and speaking out.

but its still evil corporation vs corporation. kinda like a wrestling match.......

KiloWatts · 07-31-03, 06:54 PM

yeah, but now free-music has somewhat of a representative.

well not really...

still, the RIAA needs to be taught a few lessons in decency.

randyc · 07-31-03, 08:25 PM

suck it RIAA!!!! SUCK IT!!!!!

question · 07-31-03, 08:46 PM

Whoa...

My company would be the last one I would think of to give the brown eye to the RIAA.

Wow, I feel kinda secure now.

fuck logic · 08-01-03, 03:14 AM

Quote:

Originally posted by Dropzone
but its still evil corporation vs corporation. kinda like a wrestling match.......

And just like everything else in America, we have to choose the lesser of the two evils. At least SBC and PBIS are standing up for the little guy.

Jon · 08-01-03, 04:05 AM

hopefully sbc will be better at challenging the subpoenas than it is at providing decent service for its customers

Ash · 08-01-03, 12:09 PM

Quote:

Originally posted by Jon
hopefully sbc will be better at challenging the subpoenas than it is at providing decent service for its customers

bwhaahahhahahah

..wait, that's not funny.

07-31-03, 05:59 PM	#1 (permalink)
djork Join Date: Nov 2001 Location: denton, tx Posts: 459	ISP returns labels' subpoena serve with suit By Matthew Broersma Special to CNET News.com July 31, 2003, 7:57 AM PT The United States' largest supplier of ADSL (assymetric digital subscriber line) broadband connections is challenging the recording industry's current campaign of targeting song swappers with a lawsuit filed late on Wednesday, charging that the Recording Industry Association of America (RIAA) is violating its customers' right to privacy. Pacific Bell Internet Services (PBIS), operated by telecommunications giant SBC Communications, challenged the subpoenas served against it by the RIAA on procedural grounds, arguing that hundreds of them were served improperly. However, the group made it clear that its action was taken in order to protect the privacy of its customers. The lawsuit charges that the Digital Millennium Copyright Act (DMCA), which the RIAA says supports its current antipiracy actions, may violate the right to privacy enshrined in the U.S. Constitution. According to the lawsuit, more than 200 of the subpoenas filed against PBIS were issued from the wrong court of jurisdiction, arguing that they should have been issued from the California district court rather than from the Washington, D.C. PBIS also said the subpoenas were overly broad and that the RIAA could not group multiple requests for information on alleged file swappers under a single subpoena. The RIAA responded that it was "disappointed" with PBIS' lawsuit, saying it had contacted SBC to discuss the issue but had been "rebuked." "This procedural gamesmanship will not ultimately change the underlying fact that when individuals engage in copyright infringement on the Internet, they are not anonymous and service providers must reveal who they are," the RIAA said in a published statement. PBIS is seeking a jury trial and a declaration that the RIAA subpoenas are overly broad in scope and should have been filed in California. The RIAA has filed close to 1,000 subpoenas in the U.S. District Court in Washington this month, requesting information from educational institutions and Internet service providers (ISPs) on users of Kazaa, the peer-to-peer file-sharing service. The group issued the requests as part of its continuing effort to crack down on individuals that use the Internet to illegally distribute copyrighted music. The RIAA has already won a key court decision that upholds its right to use the subpoenas, which take advantage of a controversial fast-track provision of the DMCA that allows copyright holders to obtain information about alleged infringers without first filing a lawsuit. That decision, which forced Verizon Communications to turn over the name of a broadband subscriber accused of swapping copyrighted works on Kazaa, vastly simplified the RIAA's investigations and effectively opened the subpoena floodgates. Matthew Broersma of ZDNet UK reported from London. check it here: http://news.com.com/2100-1027_3-5058107.html?tag=cd_mh __________________ Covert Operations Scientia Recordings ____ President of the Association of CoonAss Dravers -END OF LINE

07-31-03, 06:03 PM	#2 (permalink)
Ash Was up above it. Join Date: Aug 2001 Location: L.A., New York, Chicago, Boston, Seattle, Forney Posts: 27,073	Go SBC! __________________ My milk snake brings all the girls to the yard.

07-31-03, 06:48 PM	#4 (permalink)
KiloWatts Join Date: Jul 2001 Location: Philadelphia, PA Posts: 1,499	I was hoping something like this would happen... somebody with a decent amount of power standing up to them and speaking out. __________________ « Artificial Music Machine t Diffusion Records C Harmonious Discord Recordings ~ KiloWatts Music

07-31-03, 06:54 PM	#6 (permalink)
KiloWatts Join Date: Jul 2001 Location: Philadelphia, PA Posts: 1,499	yeah, but now free-music has somewhat of a representative. well not really... still, the RIAA needs to be taught a few lessons in decency. __________________ « Artificial Music Machine t Diffusion Records C Harmonious Discord Recordings ~ KiloWatts Music

07-31-03, 08:46 PM	#8 (permalink)
question Foolish Bastard Join Date: Jul 2001 Location: Downtown Posts: 5,321	Whoa... My company would be the last one I would think of to give the brown eye to the RIAA. Wow, I feel kinda secure now. __________________ True, without falsehood, certain and most true, that which is above is the same as that which is below, and that which is below is the same as that which is above, for the performance of miracles of the One Thing. And as all things are from the One, by the meditation of One, so all things have their birth from this One Thing by adaptation.

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07-31-03, 06:13 PM	#3 (permalink)
Dropzone Guest Posts: n/a	i say we rewrite "Fuck the Police" to say "Fuck the Companies"

07-31-03, 08:25 PM	#7 (permalink)
randyc Join Date: Apr 2002 Location: back in the ussr Posts: 505	suck it RIAA!!!! SUCK IT!!!!!

08-01-03, 04:05 AM	#10 (permalink)
Jon Join Date: Oct 2001 Location: Is he from Gabon? Posts: 186	hopefully sbc will be better at challenging the subpoenas than it is at providing decent service for its customers __________________ i want total sensory depravation and backup drugs That One Deejay: talking to you makes me feind for a beer That One Deejay: i think your alcoholism stretches out through the interweb "Maybe it's time to stop not doing what you pretended you can do and can't, and start doing the thing that you can't do, but can no longer pretend that you can."

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