RIAA Loses DMCA Subpoena Case Against Charter 372
BrynM writes "According to an opinion published today (PDF), the RIAA has lost its case against Charter Communications regarding subpoenas for the cable ISP's users to be identified for copyright infringement in the Eastern District of Missouri. You may remember that Charter Communications filed a motion to block the RIAA's subpoena back in late 2003. Now Charter has prevailed. Here's the blurb from the Court 'Civil case - Digital Millennium Copyright Act. District court erred in issuing subpoenas on internet providers to obtain personal information about the providers' subscribers who were alleged to be transmitting copyrighted works via the internet through peer-to-peer programs; the internet providers' function was limited to acting as a conduit for the allegedly copyrighted material, and Section 512(h) of the Act does not authorize subpoenas in such circumstances; case remanded with directions. Dissent by Judge Murphy. [PUBLISHED] [Bye, Author, with Murphy and Bright, Circuit Judges]'"
voluntary cooperation (Score:5, Interesting)
Charter (Score:2, Interesting)
Don't Get Too Excited (Score:5, Interesting)
but keep up on the bad guys (Score:5, Interesting)
We receive threats from the law firms of content owners, such as the publisher of the Harry Potter series. Their demands are not only unethical, but are clearly not consistent with the provisions under the DMCA (we have a registered agent, for instance, yet they refuse to go through it).
Here's what the Harry Potter publishers like to do:
1. send you a demand that you shut off the alleged offending party immediately. I stress "alleged" because they provide no evidence other than an IP address.
2. send your upstream provider a threat that if you don't permenantly cut off the alleged party, they will send their attorneys on the upstream as well. Our upstream (a large national NSP) is occasionally competent, but unfortunately has low-level clerical hacks that deal with DMCA complaints. They have no legal training, are unaware of the registered agent process, and make representations regarding the alleged party that an attorney could easily construe as defamation (one must *always* be careful what one accuses another party of; god forbid the other party can afford competent counsel and wants to rub your nose in your errors). Threats of litigation are also in this dangerous category; one must not threaten unless one has the will and means to follow it up, as well as bear the legal and financial consequence of having a big mouth.
We have a polite but legal response to these content owners, reminding them of their responsibilities under DMCA. In most cases they go away, looking for other easy targets. Once they're aware that the recepient ISP is not unaware of the law, they're off to easier hunting. Because people like me rarely mention their unethical and potentially illegal actions, they believe they have no consequence. Harry Potter's publisher certainly has no financial consequence - who is going to boycott them? Heck, they could propose and contribute money to genocide, sacrifice babies and exterminate little old ladies and they'd still have record sales.
Perhaps it's sufficient to patronize competent service providers...
The RIAA is being monopolistic (Score:5, Interesting)
From what I've learned in economics, the price level should be determined by where supply and demand meet. Therefore, any price should yield similar profits, just from more or fewer people paying it. But the recording industry is attempting to operate as a monopoly (price fixing, etc.), which changes the model. Since it has no competition, it probably bases it's pricing not on where demand and supply meet, but at the most efficient point of the production possibilities curve, which guarantees the most money for the cheapest product. However, the price it fixes at is higher than what most people want to pay, so many people would rather pirate the stuff. The correct decision in a free market economy would just be to lower the price, but the industry is instead trying to take out piracy (using very shady tactics) so it can keep pricing music without regard to supply and demand.
The way I see it, the only way to lower the prices on CD's and reduce piracy and make everybody happy is to keep the music industry from operating as a single entity.
So the only logical answer I can think of to end all this suing and gestapo-like behavior is to get something truly done about the RIAA's monopolistic actions (attacking them for price fixing is good).
The process of law (Score:3, Interesting)
What this ruling does do is make pursuing the actual infringers more expensive and annoying for RIAA and the like. Instead of getting blanket subpoenas en masse from a court a jillion miles away, they have been told to hire local council, file a John Doe lawsuit, and then file a subpoena for the information. Judicial oversite of the process is preserved, and a bunch of local lawyers will make more than the average amount collected from the alleged infringer for each suit filed.
The RIAA/MPAA doesn't need to attack Charter... (Score:1, Interesting)
Re:This is even more complex.... (Score:2, Interesting)
What the RIAA is doing thru these lawsuits is attempting to maintain an obsolete business model and an obsolete star system. If they had been less stupid, they would have seen this coming and built a new business model years ago instead.
As for residual royalties, you might consider the example of science fiction - fantasy author Mercedes Lackey. A couple of years ago, she agreed to let her publisher [baen.com] make a couple of her works available for free download. Her very next royalty check, from her other publisher, for the oldest series in her backlist, was three times what it had been consistantly for the previous ten years. We're not talking bar tab here, unless you are buying rounds for the house. She used the check to buy a nail gun, an air compressor to power it, and high grade lumber to build a wall of bookshelves - mid to high three figures.
Re:The process of law (Score:4, Interesting)
"The dispute arose when the Recording Industry Association of America (RIAA) requested the clerk of the district court to issue subpoenas under 512(h) to Charter Communications, Inc. (Charter),1 in its capacity as an ISP, requiring Charter to turn over the identities of persons believed to be engaging in unlawful copyright infringement. The district court issued the subpoenas and denied Charter's motion to quash. We reverse."
This was not a blanket subpoena. Plural. Multiple subpoenas.
This Circuit has never determined whether music downloaded from P2P systems violates the copyright owner's rights or is a fair use. The RIAA, to our knowledge, has never prevailed in any infringement actions brought against individual downloaders.
Sounds more like the courts think that maybe, after filing a mere 7,000 or so civil cases, the RIAA ought to have to prove, oh, one of them.