Subject: Recording Industry of America v. Verizon Internet Services From: "Neal Pomea" <npomea@xxxxxxxx> Date: Wed, 22 Jan 2003 08:18:35 -0500 |
As posted by Alan Kabat on the cni-copyright listserv Recording Industry of America v. Verizon Internet Services Misc. No. 02-323 Memorandum Opinion & Order issued January 21, 2003 by Judge John D. Bates http://www.dcd.uscourts.gov/district-court-recent.html http://www.dcd.uscourts.gov/02-ms-323.pdf U.S. District Judge Bates (District of Columbia) recently granted the RIAA's motion to enforce a subpoena served on an Internet Service Provider, Verizon, to determine the identity of an anonymous user who allegedly downloaded more than 600 songs in a single day. This lengthy opinion provides an extensive discussion of the Digital Millennium Copyright Act of 1998 (DMCA), particularly its subpoena power. The court also discusses the First Amendment implications, but does not need to decide those issues to grant the motion. This decision is also noteworthy in being quite possibly the first lower court decision to cite to the Supreme Court's Eldred v. Ashcroft decision! Alan Kabat (Washington, D.C.) -- Neal Pomea Information and Library Services University of Maryland University College 3501 University Blvd. East Adelphi, MD 20783 Phone: 301-985-7579 or 1-800-283-6832, ext. 7209 Fax: 301-985-7870 npomea@xxxxxxxx
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