July 21, 2005
Court nominee Roberts' panel rejected P2P ruling
By Brooks Boliek
WASHINGTON -- President Bush's pick to succeed Justice Sandra Day O'Connor was part of the three-judge panel that threw out a section of the Digital Millennium Copyright Act that would have given entertainment companies an expedited way to identify alleged copyright pirates on the Internet.
In a December 2003 ruling, Judge John Roberts joined two other appellate court judges in overturning a ruling that the DMCA subpoena was constitutional. Roberts was nominated to the Supreme Court by Bush on Tuesday.
In its opinion, the panel dismissed arguments by the RIAA that P2P services are simply an extension of the central-server technology that was around when Congress approved the DMCA in 1998. The DMCA subpoena requires Internet service providers to turn over the identity without a judge's order. The panel rejected one of the RIAA's key arguments that the subpoenas were legal even if the P2P technology wasn't invented when the DMCA was approved.
"The RIAA argues that the definition of 'Internet' service provider (in the law is) applicable to an ISP regardless what function it performs with respect to infringing material -- transmitting it ... caching it ... hosting it ... or locating it," Judge Douglas Ginsburg wrote for the panel. "This argument borders upon the silly."
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Can someone dumb this down for me?
Originally Posted by Digital Bliss
Everything is the same and the m/riaa are not the gods they delusion to being.
I would like to point out that this guy also ruled in favor of bush declaring anyone he chooses an "enemy combatant" and throwing them indefinitely into prison.
(for all you conservative naysayers.. YES.. this was an actual case of abuse)
So essentially not much as changed in the p2p world.
He ruled against the RIAA and it's position that they have the legal right to force process on people for copyright infringment under the DCMA.
This guy is allright.
Is it not a feat sublime? Intellect hath conquered time.
The only problem I have with enemy combatant status is when they start identifing us citizens as enemy combatants, and using police powers to create indefinite into prison terms with out trial.
Is it not a feat sublime? Intellect hath conquered time.
Well, let's not judge the guy on just one issue. One favorable ruling concerning P2P does not make him a desirable candidate for the Supreme Court. I hate one-issue people: "Well, he's a nazi, but at least he's pro-life!"
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