musicNEWS:
Senator Concerned About RIAA Subpoenas.
08-04-03
antiGUY
.
At least one Senator isnt standing idly by
while the RIAA embarks on a legal blitzkrieg against online piracy.
Minnesota Republican Senator Norm Coleman has concerns over shotgun approach
of the subpoenas issued by the RIAA and has requested copies of the over
900 subpoenas which were issued to alleged online copyright violators.
"The industry has legitimate concerns about
copyright infringement," Coleman said in a statement. "We are dealing with
stealing recording artists' songs and the industry's profits. ... Yet,
the industry seems to have adopted a 'shotgun' approach that could potentially
cause injury and harm to innocent people who may have simply been victims
of circumstance or [who don't know] the rules related to digital sharing
of files."
The RIAA issued subpoenas to Internet Service
Providers and universities to obtain the identities of individuals they
suspect are illegally trading in copyrighted music online. According to
the trade organization, they plan to file suit against individuals who
distribute substantial amounts of copyrighted music online, according
to a report from MTV.com.
Violators could be liable for between $750
to $150,000 per song.
Aside from copies of the subpoenas, Coleman
has requested a description of the standards the RIAA use to file an application
for a subpoena as well as details of how the group is collecting evidence
against alleged file swappers. Coleman said he would like to see proof
that the RIAA is protecting privacy and shielding people from erroneous
subpoenas, says the MTV report.
Coleman, who chairs the Senate Permanent
Subcommittee on Investigations, has asked that the material be delivered
to him by August 14th. He became concerned over the RIAA tactics once he
heard media reports that roommates of violators and even a grandparent
got caught up in the RIAAs legal web.
"We will be pleased to respond to the senator's
request for information," the RIAA said in a statement. "It will confirm
that our actions are entirely consistent with the law as enacted by the
U.S. Congress and interpreted by the courts. It will demonstrate that our
enforcement program, one part of a multi-pronged strategy, is an appropriate
and measured response to the very serious problem of blatant copyright
infringement confronting the entire music community."
MTV also reports that the Senator isnt
the only one who is concerned over these latest legal actions taken by
the RIAA. One internet service provider has filed suit against the recording
industry trade organization over the subpoenas.
MTV reports, the country's largest provider
of DSL Internet service, SBC Communications, filed suit against the RIAA
in San Francisco's Federal District Court. We think their misapplication
of the DMCA (Digital Millennium Copyright Act) subpoena powers in this
case pose a serious threat to the privacy of our customers, said SBC spokesperson
Larry Meyer, whose company has nearly 3 million DSL subscribers.
More than 200 of SBC's customers have
been targeted by the subpoenas so far, he said. The subpoenas request that
SBC go through its records and give up the identities of the targeted swappers,
who are identified only by their screen names or Internet addresses.
The RIAA quickly issued a statement regarding
the SBC suit, "It's unfortunate that they have chosen to litigate this,
unlike every other ISP which has complied with their obligations under
the law. We had previously reached out to SBC to discuss this matter but
had been rebuked. This procedural gambit will not ultimately change the
underlying fact that when individuals engage in copyright infringement
on the Internet, they are not anonymous and service providers must reveal
who they are."
It should be interesting to see what action
if any the Senate takes on this issue and how the court decides these cases.
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