RIAA appeals ruling in legal flap over copyright subpoenas

[g-smooth2k]

Source: The Kansas City Star

The recording industry is appealing a federal court's ruling that it can't force Internet providers to identify music downloaders under a disputed copyright law, calling such pressure "a critically important tool" in blunting illegal file-sharing worth billions of dollars.

The Recording Industry Association of America wants the entire 8th U.S. Circuit Court of Appeals to overturn last month's split decision by a three-judge panel with that court in a dispute involving Charter Communications Inc. and online music swapping.

In that 2-1 ruling, the 8th Circuit panel affirmed another appellate decision in Washington in December 2003, thwarting the RIAA's push to compel Internet providers to identify customers accused of illegally distributing songs over the Internet.

In its appeal filed last week, the RIAA - the trade organization for the largest labels - argued that the 8th Circuit panel's ruling, if upheld, "will deprive copyright owners of a critically important tool for stopping the massive infringement of copyrights over the Internet."

"Billions of dollars and important federal policy are at stake," the appeal said.

A message was left Thursday with Charter seeking comment.

Last month's ruling did not significantly affect the recording industry's continuing campaign to sue Internet users.

In the Missouri case, judges said St. Louis-based Charter - the nation's third-largest cable TV company and among the country's biggest Internet providers - wasn't responsible for 93 of its customers allegedly trading 100,000 copyrighted music files across the Internet and shouldn't have been compelled to identify them under the 1988 Digital Millennium Copyright Act.

The appeals court said Charter's role was "confined to acting as a conduit in the transfer of files through its network." In now challenging that ruling, the RIAA said "there is no dispute that these individuals are committing copyright infringement on a massive scale and that Charter is the only entity able to identify the individuals."

Since the earlier ruling, the music industry has filed civil lawsuits nationwide against "John Doe" defendants, based on their Internet addresses, then worked through the courts to learn their names. That process is more complicated - and more expensive - for the record labels.

Despite the Missouri ruling, the RIAA has said it would continue suing thousands of people it accuses of illegally sharing music.

In a dissent, the 8th Circuit's Diana Murphy complained that the rulings prevent copyright holders from easily protecting their works and said repercussions were "too easily ignored or minimized." She wrote that the industry's practice of filing lawsuits against anonymous defendants was "cumbersome and expensive."

The RIAA's appeal said the majority's "misreading of the statute (in last month's split 8th Circuit ruling) produced a result that is irreconcilable with the DMCA's text, structure and purposes."

[shawners]

I bet you when the judges got out of the court room.. They throw their ear sets on, and started jamming on their ipod... RIAA will always appeal when they don't get their way. They need to throw the case out of court constantly and quit wasting tax payers money.

[infringer]

Hell yeah the dam near appealed every ruling that was put into effect which didnt tickle there pickle...

Rediculous man.

-infringer-