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You are here: Home > Law > Copyrights > Talking to Your Children About Downloading Music – A Parent’s Guide > December 19, 2003: U.S. Appeals Court Rules Against RIAA in DMCA Copyright Law subpoena matter
December 19, 2003: U.S. Appeals Court Rules Against RIAA in DMCA Copyright Law subpoena matter
(For a copy of the decision, visit http://www.eff.org/Cases/RIAA_v_Verizon/opinion-20031219.pdf)
A quick summary of the decision discloses that the D.C. Circuit Court of Appeals has agreed with the argument of Verizon and other key ISPs and advocacy groups (including the non-profit group headed by Parry herself, WiredSafety.org). Verizon and the others argued that the DMCA itself does not permit any copyright holder to demand an ISP turn over the identity and contact information of any of their subscribers who download music using P2P applications. Since July 2002 the RIAA has been trying to force ISPs to give out the personal information about their subscribers merely based on a form subpoena obtained from the clerk of the court. No lawsuit needed to have been filed. And the court clerk had no discretion. WiredSafety.org argued that the process put the privacy and safety of individuals at risk. Verizon argued that the statute itself didn't permit the RIAA to demand this information without filing a lawsuit. While Parry is very sympathetic to the plight of copyright holders whose work is being pirated online by children and others, the 512(h) subpoena was not a key factor in protecting their interests. It was a key factor in the privacy and safety of Internet users, however. This ruling is a victory for everyone who uses the Internet. For comment, contact Parry directly at .