Charter joins fight against record industry

Charter Communications has become the latest broadband ISP and the first cable company to fight the recording industry’s attempts to subpoena the names of its subscribers. The cable multiple systems operator is contesting in federal court 93 subpoenas filed by the Recording Industry Association of America, each requesting the name of a cable modem customer RIAA is accusing of digital music piracy.

Charter has filed motions to quash the 93 subpoenas, claiming RIAA has not supplied the proper documentation to make its subpoenas valid. Charter has also filed a motion to force RIAA to file its subpoenas in the U.S. District Court in St. Louis, near Charter’s headquarters, instead of in the district court in Washington, D.C. where RIAA is based.

On Tuesday RIAA responded to Charter in the St. Louis court, accusing the cable company of manipulating the court system to protect the 93 subscribers even though, RIAA claims, they collectively have disseminated more than 100,000 copyrighted songs.

"Charter’s motion wastes this court’s time and serves no purpose," RIAA’s filing said. "Charter’s effort to needlessly invoke the jurisdiction of this court is simply part of Charter’s strategy to delay, obstruct and ultimately avoid compliance with any of RIAA’s subpoenas."

Charter joins SBC Communications and Verizon Communications in fighting RIAA’s subpoenas under the Digital Millennium Copyright Act. Verizon was the first to challenge the industry association last year, refusing to hand over the name of a single broadband subscriber. The court case lasted a year, and Verizon eventually lost, a federal judge forcing Verizon to hand over names. While Verizon was appealing the judgement, however, RIAA opened the floodgates issuing thousands of subpoenas to ISPs and carriers all over the country.