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Court orders Verizon to name song swappers
Washington, June 05: A US appeals court on Wednesday ordered Verizon Communications to immediately reveal the names of two customers suspected of illegally distributing hundreds of songs over the Internet.
Washington, June 05: A US appeals court on Wednesday ordered Verizon Communications to immediately reveal the names of two customers suspected of illegally distributing hundreds of songs over the Internet.
Verizon said it would hand over the customers` names to recording-industry investigators within a day or so, opening them up to lawsuits or other disciplinary action. But the telecommunications giant said it would continue to fight the industry in court over the proper way to crack down on the online song-swapping that record labels say hurts CD sales.
The Recording Industry Association of America has been aggressively trying to shut down "peer to peer" networks like Kazaa and Morpheus that allow users to download songs for free, and has also been pursuing individuals who use those services.
The RIAA asked Verizon last summer for the name of one customer believed to be sharing music illegally and added a second request this past winter. Verizon refused to do so without a court subpoena, saying such a move would violate customer privacy and due-process rights protected by the US Constitution.
A federal court ordered Verizon to reveal the names of the suspected song-swappers in April, prompting Verizon to ask a higher court to stay the order while it appeals the case.
The US Court of Appeals in Washington declined to suspend the order, allowing RIAA investigators to easily obtain the names of other Internet users it suspects of trading music illegally.
"The Court of Appeals decision confirms our long-held position that music pirates must be held accountable for their actions, and not be allowed to hide behind the company that provides their Internet service," RIAA President Cary Sherman said in a statement.
Verizon Associate General Counsel Sarah Deutsch said the court order could open the door to a wave of similar requests, enabling stalkers to use the process to track down victims.
"This subpoena process is like allowing someone to go the clerk at the U.S. Post Office and demanding the key to that person`s home because you claim that that person has a piece of your property," said Deutsch, who noted that the RIAA had sent out erroneous requests in the past.
An RIAA official said the trade group had not decided whether to sue the two individuals or take other action.
The Court of Appeals is scheduled to hear the case in September. Bureau Report
Verizon said it would hand over the customers` names to recording-industry investigators within a day or so, opening them up to lawsuits or other disciplinary action. But the telecommunications giant said it would continue to fight the industry in court over the proper way to crack down on the online song-swapping that record labels say hurts CD sales.
The Recording Industry Association of America has been aggressively trying to shut down "peer to peer" networks like Kazaa and Morpheus that allow users to download songs for free, and has also been pursuing individuals who use those services.
The RIAA asked Verizon last summer for the name of one customer believed to be sharing music illegally and added a second request this past winter. Verizon refused to do so without a court subpoena, saying such a move would violate customer privacy and due-process rights protected by the US Constitution.
A federal court ordered Verizon to reveal the names of the suspected song-swappers in April, prompting Verizon to ask a higher court to stay the order while it appeals the case.
The US Court of Appeals in Washington declined to suspend the order, allowing RIAA investigators to easily obtain the names of other Internet users it suspects of trading music illegally.
"The Court of Appeals decision confirms our long-held position that music pirates must be held accountable for their actions, and not be allowed to hide behind the company that provides their Internet service," RIAA President Cary Sherman said in a statement.
Verizon Associate General Counsel Sarah Deutsch said the court order could open the door to a wave of similar requests, enabling stalkers to use the process to track down victims.
"This subpoena process is like allowing someone to go the clerk at the U.S. Post Office and demanding the key to that person`s home because you claim that that person has a piece of your property," said Deutsch, who noted that the RIAA had sent out erroneous requests in the past.
An RIAA official said the trade group had not decided whether to sue the two individuals or take other action.
The Court of Appeals is scheduled to hear the case in September. Bureau Report