Appeals court sides with Verizon over RIAA

Reversing a lower court’s ruling, a federal appeals court in Washington, D.C., ruled today that the 1998 Digital Millennium Copyright Act cannot be used to force Verizon Online to reveal the names of high-speed Internet subscribers suspected of illegally downloading copyrighted material.

Last year the Recording Industry Association of America obtained a subpoena demanding that Verizon Online reveal the name of a DSL customer the RIAA accused of downloading pirated music. When Verizon refused, insisting that the DMCA applies to files hosted by an Internet service provider rather than those transferred privately among its customers, the RIAA sued.

A federal district court judge ruled in favor of the RIAA in January, prompting the lobbying firm to file thousands of similar subpoenas since.

"This decision removes the threat of a radical, new subpoena process that empowers copyright holders or anyone merely claiming to be a copyright holder to obtain personal information about Internet users by simply filing a one-page form with a court clerk," said Sarah Deutsch, Verizon Communications vice president and associate general counsel, in a prepared statement. "Copyright holders seeking personal information about Internet subscribers will now have to file a traditional lawsuit. These requests will undergo scrutiny by a judge, thus preserving the privacy, safety and legal rights of every Internet subscriber."