Judge: RIAA can't subpoena file-trader information
InfoWorld | at | by Mike
The Recording Industry Association of America Inc. (RIAA) does not have the authority under U.S. law to subpoena the names of alleged peer-to-peer file traders from ISPs (Internet service providers), a federal appellate court ruled Friday.
The U.S. Court of Appeals for the District of Columbia overturned a lower court's decision allowing the RIAA to file subpoenas asking Verizon Internet Services Inc. to turn over the names of suspected copyright infringers without the RIAA having to file lawsuits against the alleged file traders.
The DMCA does not address P-to-P file trading because the technology was not yet being used when the law passed in 1998, Ginsburg noted. The law allows copyright holders to subpoena ISPs when material that allegedly violates copyright resides on their servers, but does not address the actions of ISPs' customers, he wrote.