WASHINGTON — The U. S. Court of Appeals has rejected a request by the nation’s largest phone company to stay an earlier court ruling ordering the company to identify two subscribers who were allegedly offering hundreds of copyrighted songs over the Internet. The ruling in the closely watched case is a victory for the recording industry, which has been trying to force Verizon to turn over the names of the two people for months. While U. S.
District Court Judge John Bates ruled in favor of the recording industry earlier this year, Verizon had sought to keep the identities of the alleged offenders from the RIAA until it exhausted its judicial remedies. The decision by thc court late Wednesday makes that impossible, and Verizon officials said they will comply with the subpoena. The RIAA sued Verizon under a controversial provision of the Digital Millennium Copyright Act that requires Internet service providers to turn over the names of people suspected of infringing a copyright to the copyright holder. The law permits music companies to force Internet providers to turn over the names of suspected music pirates upon subpoena from any U. S.
District Court clerk’s office without a judge’s signature required. Verizon refused to comply, causing the dispute to land in federal court. According to Bates’ opinion, Verizon’s contentions that the subpoena provision is unconstitutional because it violates the First Amendment fail to hold water. Verizon contends that the subpoena provision violates its customers’ free speech rights because it would “pierce their anonymity.” Bates said that while the Supreme Court has upheld speakers’ rights to remain unnamed, Verizon’s claim was outweighed by the harm an illegal activity was causing legitimate copyright holders. “The Court of Appeals decision confirms our long-held position that music pirates must be held accountable for their actions and not be allowed to hide behind the company that provides their Internet service,” RIAA president Cary Sherman said. “Given that an epidemic of illegal downloading is threatening the livelihoods of artists, songwriters and tens of thousands of other recording industry workers who bring music to the public, we look forward to Verizon’s speedy compliance with this ruling.” Sarah Deutsch, Verizon vp and associate general counsel, said the company still plans to push the case both in the courts and in Congress.
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The appeals court has set a Sept. 16 date to hear arguments in the case. “Wednesday’s ruling does not address the merits of the case, and the merits will be discussed in September,” Deutsch said. “But really, it’s time for Congress to step in.” Sen. Sam Brownback, R-Kan. , is preparing privacy legislation, and it could include a provision that would change the DMCA subpoena process, Deutsch said.
Under his proposal, copyright holders would be required to file a civil lawsuit in order to get identities of alleged infringers. “No matter the disposition of the lawsuit, ultimately the solution will end up in Congress,” Deutsch said.
