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ISPs attack RIAA file share subpoenas

by Ian Lynch

11 Aug 2003

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A coalition of US internet service providers (ISPs) is hitting back at the record industry's attempts to make them hand over details of their customers accused of swapping copyrighted files on the internet.

According to the New York Times NetCoalition, a group representing over 100 ISPs, plans to deliver a letter to the Record Industry Association of America (RIAA) asking the body questions about its plans to sue file swappers.

The ISPs fear being turned into 'internet police' as the RIAA uses subpoenas to get them to hand over details of file sharers.

NetCoalition will ask the RIAA how it will ensure the accuracy of subpoenas and how it decides whom to target. The organisation will also ask the RIAA to discuss what it will cost ISPs to comply with the hundreds of subpoenas now being filed, according to the paper.

But the RIAA has by no means had all its own way over the subpoenas.

Last week, a federal judge granted a request by the Massachusetts Institute of Technology and Boston College not to comply with subpoenas they had received because the record industry group had filed them in a Washington court.

Two other US ISPs, Verizon and SBC, are also contesting subpoenas on similar grounds.

But US law firm Bricker & Eckler has warned that parents will be held responsible for any consequences arising from their children's downloading of copyrighted music if they know about it and permit it, or if they have the opportunity to prevent it and fail to do so.

The UK equivalent of the RIAA, the British Phonographic Industry, has said it is waiting for a new European directive to be implemented before deciding whether to take similar legal action, but has not ruled it out.

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