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View Full Version : Court of Appeals decision limits scope of DMCA

2003-12-19, 21:00
A Court of Appeals decision was issued today. The court challenge was between Verizon and the RIAA. Their full decision can be read here (http://pacer.cadc.uscourts.gov/docs/common/opinions/200312/03-7015a.pdf).

The sum of their decision was that ISPs are only responsible for copyright infringement when it is located on their servers. Peer-to-peer copyright infringement involves content that is located on the computers of individuals, and is therefore outside the scope of the DMCA 1998. Here is the relevant quote from the decision:
The Congress had no reason to foresee the application of § 512(h) to P2P file sharing, nor did they draft the DMCA broadly enough to reach the new technology when it came along. Had the Congress been aware of P2P technology, or anticipated its development, § 512(h) might have been drafted more generally. Be that as it may, contrary to the RIAA’s claim, nothing in the legislative history supports the issuance of a § 512(h) subpoena to an ISP acting as a conduit for P2P file sharing.
This is a significant victory for the p2p movement. DMCA subpoenas can no longer be issued with ease to ISPs when individuals are suspected of copyright infringement. The RIAA will now have to take the more costly approach of filing lawsuits against each anonymous p2p user, in order to find their identity. The burden on ISPs to cooperate with the RIAA has been removed.

2003-12-20, 02:57
Not required to give up user names and personal info

2003-12-20, 03:11
If you're happy and you know it clap your hands

2003-12-24, 15:30
now they will have to pry the music from our cold fingers
sweet its christmas
too bad i get no presents (though ive been very good)
Merry christmas people!!!!

2003-12-24, 21:05
Cary Sherman will be getting enough coal this year from Santa Claus to run a 1200 megawatt power plant.

2003-12-25, 05:05
this and the kazaa decision was quite nice news to hear this week.

2004-08-02, 20:27
The decision made last December was only a victory for the area covered by the Appeals Court in Washington DC. A judge in New York named Denny Chin ruled last week that the RIAA does not need to file "John Doe" lawsuits to get the identity of the accused copyright infringer. You can read the article about it here (http://zdnet.com.com/2100-1104_2-5285605.html).

What we have now is that in two different court jurisdictions there now stands two contradictory rulings or policies for the RIAA to follow. I'm not too sure about the legality, but judging by the map on this site (http://www.uscourts.gov/links.html), there is a DC Circuit that is separate from the 2nd Circuit which the New York judge is part of, so what is decided in the DC Circuit doesn't apply to the 2nd Circuit.