The RIAA filed suit against the ISP last summer after Verizon refused to fulfill a "information subpoena” issued by the RIAA that asked the company to provide an identity of one of their subscribers who reportedly illegally offered mp3 files of over 600 copyrighted songs to other users on the internet.  

Verizon refused to comply with the subpoena stating that is was invalid because under the current law (The Digital Millennium Copyright Act) an ISP can only be compelled to release the identity of a user if the copyrighted material being pirated is hosted by the ISP not when the user in question is simply using the ISP’s Internet access and hosting the files on a server that is not under the control of the company. 

The RIAA argued that the user was using the ISP’s internet access service to illegally distribute the files and therefore Verizon was obligated under the DMCA to disclose the users identity.  Apparently a federal judge agreed and has order Verizon to disclose the information to the RIAA. 

Judge John D. Bates ruled that Verizon's interpretation of the DMCA and how it relates to subpoena power "would create a huge loophole in Congress' efforts to prevent copyright infringement on the Internet." 

This may be a short-term victory for the RIAA as Verizon plans to appeal the decision and a group of Congressmen are planning to revisit the DMCA this year and want to amend the law so that it isn’t so one sided in favor of the copyright holders but also takes the rights of users and others into account. (see story). 

Verizon VP/associate general counsel Sarah B. Deutsch said in a statement that the ruling will have a "chilling effect on private communications such as E-mail, surfing the Internet, or the sending of files between private parties."

RIAA’s Cary Sherman was quick to claim victory saying that the ruling "validates our interpretation of the law…We look forward to contacting the account holder whose identity we were seeking so we can let them know that what they are doing is illegal." 

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