WASHINGTON-A federal court judge on Tuesday said that Internet service providers must identify users who infringe on copyrights.
In a test case between the Recording Industry Association of America and Verizon Communications Inc., Judge John Bates said Verizon must disclose the identity of a user of its Internet services that RIAA claims is infringing on the copyright of hundreds of songs by downloading as many as 600 songs per day.
Verizon claimed it would violate the privacy of its subscriber to divulge his identity but Judge Bates said the Digital Millennium Copyright Act applied to all ISPs-not just those who stored infringing material on their networks as Verizon argued.
RIAA applauded the ruling with RIAA President Cary Sherman saying the group plans to notify the user that it is breaking the law by downloading the songs.
“Now 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,” said Sherman.
Verizon said it plans to appeal. “The court’s decision has troubling ramifications for consumers, service providers and the growth of the Internet. It opens the door for anyone who makes a mere allegation of copyright infringement to gain complete access to private subscriber information. . This case will have a chilling effect on private communications, such as e-mail, surfing the Internet or the sending of files between private parties,” said Sarah Deutsch, Verizon vice president and associate general counsel.
While the case involves Verizon’s wireline online unit, it has the ability of impact wireless carriers as they begin to offer data services to their customers.
