RIAA v Verizon Appeal Today

(Forwarded from Pho list)

-----Original Message-----
From: Kevin Doran <[email protected]>
Date: Tue, 16 Sep 2003 04:11:55 -0400
Subject: pho: RIAA v Verizon Appeal Today

Oral arguments will be made today in the DC Circuit Court of Appeals 
to reverse the Bates' DC District Court decision of January '03 that 
forced Verizon to obey the RIAA's subpoena and reveal the names of 
subscribers accused of making copyrighted music files stored on their 
personal computers available for download by others using P2P software.

At issue is whether or not the DMCA can be used to compel an ISP to 
liability and action for content stored on property that doesn't 
belong to the carrier but rather its subscribers, and whether or not 
the DMCA subpoena process is legally valid without the authority of 
judicial oversight.  Should the court rule to reverse (that is, 
declare the underlying subpoena process invalid) - which it could do 
immediately or months from now - the current RIAA litigation campaign 
would be effectively thrown out the window and into chaos.

I'd like to wish the greatest succes to Fred and Sarah and all their 
associates in court today.  I'm sure there are at least 261 others 
with even more heartfelt hopes.

Cheers,
Kevin Doran
-- 

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
[email protected]
1.201.892.8393
PO 1257
Hoboken NJ 07030
http://members.aol.com/kevindoran/info.html



-----------------------------------------------------------------------
This is the pho mailing list, managed by Majordomo 1.94.4.

To send a message to the list, email [email protected].
To send a request to majordomo, email [email protected] and put 
your request in the body of the message (use request "help" for help).
To unsubscribe from the list, email [email protected] and 
put "unsubscribe pho" in the body of the message.