A US court has ordered an internet service provider to reveal the identity of a user accused of illegally downloading hundreds of copyrighted songs. The ruling is a landmark for the music industry.
The ISP involved, Verizon, has said it will appeal. But if that is unsuccessful, the ruling will clear the way for copyright holders to pursue many thousands of individuals suspected of copyright infringement through peer-to-peer (P2P) file-sharing networks.
Cary Sherman, president of the Recording Industry Association of America (RIAA), which brought the case, said: 鈥淣ow that the court has ordered Verizon to live up to its obligation under 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.鈥�
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The RIAA says it identified the Internet Protocol (IP) address of a computer involved in downloading 600 copyrighted music files in one day. This is not difficult to do because P2P networks are, by their very nature, publicly accessible. The IP address revealed this computer to be part of Verizon鈥檚 user base and Verizon was asked to hand over the name and address of the accused.
Service provider
The ISP had argued that, as it does not host the music and other files shared on the P2P service, it does not constitute a 鈥渟ervice provider鈥� under the conditions described in section 512 of the law cited, the Digital Millennium Copyright Act (DCMA). This section of the Act requires internet companies to comply with requests for such information from copyright holders.
But Judge John Bates, of the US District Court for the District of Columbia, ruled against Verizon鈥檚 claim, saying in his ruling: 鈥淭he DMCA subpoena power under section 512 applies to all service providers within provisions of the subsections, including Verizon.鈥�
Verizon vice president Sarah Deutsch said in response to the ruling: 鈥淚t opens the door for anyone who makes a mere allegation of copyright infringement to gain complete access to private subscriber information without the due process protections afforded by the courts.鈥�
Internet rights groups see the RIAA鈥檚 attempt to track down individual file-sharers as an infringement of their right to privacy online. They submitted documents supporting Verizon鈥檚 claims during the case.