The U.S. Court of Appeals for the District of Columbia ruled today that the recording industry cannot use subpoenas to enforce claims of copyright infringement under the DMCA by compelling ISPs to turn-over customer data on alleged music downloaders.
From the decision: “It is not the province of the courts, however, to rewrite the DMCA in order to make it fit a new, unforseen internet architecture, no matter how damaging that development has been to the music industry or threatens being to the motion picture and software industries.”
The full-text of the decision, Recording Industy of America Inc. vs. Verizon Internet Services, Inc., 03-7015a, is 16 pages, pdf.
Press release from Verizon: Verizon Wins Fight to Protect Internet Safety and Privacy: “Today’s ruling is an important victory for Internet users and all consumers. The court has knocked down a dangerous procedure that threatens Americans’ traditional legal guarantees and violates their constitutional rights.”
Sabrina is also the solo Editor, Publisher and Founder of LLRX.com® – Legal, technology and knowledge discovery resources on the “moving edge” for Librarians, Lawyers, Researchers, Academic and Public Interest Communities – launched in 1996.