ISPs refuse to help RIAA

[boogieordie]

http://www.internetnews.com/xSP/article.php/3300211

ISPs Ignore RIAA's New P2P Ploy
By Roy Mark
January 16, 2004

After an appeals court ruled that Internet service providers (ISPs) do not have to hand over names of suspected music pirates to the Recording Industry Association of America (RIAA), ISPs are showing no interest in the RIAA's latest effort to enlist them in its fight against music piracy.

The RIAA now wants ISPs to notify its customers that are suspected of illegal downloading but not yet targeted for a lawsuit by the music industry.

"We would like to work with you to supplement our efforts by arranging for ISPs to notify their subscribers who are engaged in infringing activity that this conduct is illegal," the RIAA wrote to most of the nation's 50 largest ISPs in a Dec. 16 letter. "We are asking you to do this without providing us any identifying information about the subscriber."

Under the proposal, the RIAA would supply an identifying IP address of a suspected infringer to its ISP, which would then send a notice of infringement to the subscriber.

According to industry officials contacted by internetnews.com, not one ISP has agreed to cooperate with the music industry, which was dealt a major legal setback on Dec. 19 when an appeals court ruled the RIAA could not force ISPs to turn over the identities of alleged music pirates. The RIAA claimed it had subpoena power under the Digital Millennium Copyright Act (DMCA).

The decision reversed a January 2003 lower court decision upholding the DMCA subpoena power. Armed with that decision, the RIAA issued more than 3,000 subpoena requests to ISPs and filed nearly 400 copyright infringement actions in a highly publicized and controversial attack against individual downloaders. No subpoenas have been issued since the Dec. 19 decision.

The Dec. 16 letter, signed by RIAA CEO and Chairman Mitch Bainwol and president Cary Sherman, shows that the group wants to go a step further in order to stop illegal downloads of copyrighted material.

"Specifically, when we determine the IP address of an infringer, we would like to send you the IP address along with a Notice of Infringement that you would forward directly to the subscriber matching that address," the RIAA wrote. "You would not identify the subscriber to us. However, we believe if you forward the Notice to them it will dramatically increase awareness and effectively discourage continued infringement."

A music industry official, who asked not to be identified, said the proposed ISP infringement notice is intended to send an early warning to downloaders. Since a large of percentage of music downloading is done by teenagers, the RIAA hoped the notifications, which were to be sent to the account holders, might tip off parents as to their children's possible copyright infringements.

"Our hope is that the voluntary Notice program we are proposing will allow us to work cooperatively to educate the public and to reduce online copyright infringement," the letter states. "Not only will your participation help ensure that a vibrant and legitimate market for online music can succeed, but forwarding a Notice to your subscribers may also save them from becoming defendants in future copyright infringement lawsuits."

The RIAA declined to elaborate on the letter. "We feel the language of the letter speaks for itself," RIAA spokeswoman Amanda Collins said.

ISPs are cautious in their public responses, although all agreed they are under no legal obligation to comply with the RIAA request. The RIAA aknowledged that there is no law requiring the ISPs to send the notification letters.

"We are more than happy to talk with them (RIAA), but it has to as a part of a broader issue," said Verizon (Quote, Chart) vice president and general counsel Sarah Deutsch.

She noted that the RIAA has not said whether it will appeal the Dec. 19 decision to the Supreme Court and that the music trade group is still litigating the authority of the DMCA subpoena in other jurisdictions.

Earthlink (Quote, Chart) spokesperson David Blumenthal said his company would "evaluate the request, talk with the RIAA and decide what we think is best."

Nicholas Graham, a spokesman for AOL, said the company does not discuss "day-to-day letters from the RIAA."

MSN, the online network operated by Microsoft, did not respond to calls from internetnews.com.

Ashley

[PickleCookies]

Damn RIAA. *waves fist*

[tl1029530921]

MUAHAHAHHAHAHA!!!!stupid government ppl

lol tahst great news tahst what teh RIAA gets for being dumbass bullies

[Grass Monkey]

haha the RIAA are waving their "stop piracy" crap in the wrong faces. ISPs don't give a flying fluck about who sells what music, they need people to connect

ISPs hand over IPs, then people stop using their service. We all agree that's bad for our ISP friends, no?

[boogieordie]

It has nothing to do with the government. If anything, the governement helped slow the process and rule that the ISPs can withold the information from the RIAA.

Ashley

[Grass Monkey]

RIAA's also a "Non-Profit Organization"

[Unimatrix Prime™]

Originally posted by Grass Monkey
RIAA's also a "Non-Profit Organization"

The RIAA never ceases to amuse me, esp. with that line

But about this article, I'm glad that the ISPs aren't submitting to the RIAA. They should focus on keeping subscribers and not lose them. I dunno why the RIAA continues with this seemingly losing battle for them. Practically everyone has downloaded at least 1 MP3 in their life, so why not just arrest the nation ? Pretty soon, the world will be like 1984, and the RIAA will rename themselves as Big Brother !

Originally posted by Unimatrix Prime™
Pretty soon, the world will be like 1984, and the RIAA will rename themselves as Big Brother !

what happened in 1984 oh wise grandpa of the forusm *sits around the fireplace*

tahst 2 years b4 i was born.. was that just as an example or did somethin bad happen in 1984 that i dont know about?

[Unimatrix Prime™]

Originally posted by -Zero One™-
what happened in 1984 oh wise grandpa of the forusm *sits around the fireplace*

tahst 2 years b4 i was born.. was that just as an example or did somethin bad happen in 1984 that i dont know about?

The book, ya fool !! hahaha

Surprised some people never read this book... it's really called "1984" !

hahaha

IN YER FACE RIAA! LOOOOSERS!

*sits in corner*

Originally posted by Unimatrix Prime™
The book, ya fool !! hahaha

Surprised some people never read this book... it's really called "1984" !

was it made in 1984? gimme a summary lol i still havent bought a book *after that whole book topic i made *

[Aldonia]

Originally posted by Yvette
hahaha

IN YER FACE RIAA! LOOOOSERS!

*sits in corner*

YEAH! BOOOOOO RIAA! YOU'LL NEVER WIN!!

*sits in corner too*

[Unimatrix Prime™]

Originally posted by -Zero One™-
was it made in 1984? gimme a summary lol i still havent bought a book *after that whole book topic i made *

http://www.online-literature.com/orwell/1984/

This should be enough to give you a good summary of the book

[Delirium-Zer0]

Very VERY good book. Pretty freaky. I do love the Macintosh commercial based on it though ^_^

Anyway, yeah, the RIAA are just idiots. I mean, i understand where they're coming from, but... please. They should just leave it alone. They have no grasp of cause-and-effect and therefore no right to be doing any of this.

I'm soooo glad the ISPs aren't helping them out.

[HanabiChick]

Glad to hear the ISPs won't give in to those bullies

[PinkSock]

that's really good news!
it's unfair of the RIAA to ask ISPs to do that... It'd get them back SOME money for record sales... but it'd make the ISP's business go down!
Glad they're not cooperating!

[Set_0ne]

I still wonder what the the rules are for a person in Australia who downloads and shares there music..Will the ISP be able to withhold people IP's like they are doing in the States? Actually, I wonder about the whole thing because I haven't heard any stories about people being sued here yet.