America's third largest cable provider has become the latest ISP to sue the RIAA over its use of DMCA (Digital Millennium Copyright Act) subpoenas.

On September 24, the RIAA demanded that St Louis-based Charter Communications hand over the identities of 109 customers the Big Five record labels claimed had infringed their copyrights. However, it now seems the number of Charter clients the RIAA wants to haul into court has swelled.

Says a dc.internet.com story here, Charter, "wants a U.S. district court to quash the approximately 150 subpoenas the RIAA is seeking from Charter to reveal the names of subscribers who allegedly downloaded and then shared copyrighted music through peer-to-peer (P2P) networks.

"Verizon (Quote, Chart) and SBC Communications (Quote, Chart) have already gone to court to try to stop the subpoenas filed against their Internet subscribers. SBC has yet to have a hearing on the matter while Verizon lost in district court and is appealing the decision. In addition, several individuals named in the subpoenas have gone to court against the RIAA.

"While Verizon and SBC have turned over the names requested by the RIAA while they seek relief in court, Charter has refused to do so. Tom Hearity, vice president and associate general counsel for Charter, said Friday his company has not released a 'single datum of information' to the RIAA."

Good for you Charter!!!

Wonder what the RIAA will say? "Charter's arguments have ALREADY been rejected in the COURT OF LAW! They have no case!!"

just a guess.

Yeah but Charter has pretty deep pockets...The majority stockholder is Vulcan Enterprises...aka Paul Allen, co-founder of Microsoft.

thumbtack- agreed. Also, the whole Vulcan thing runs TechTV. There appears to be a massive, and deep, wall of support behind Charter on this one.

Three cheers for Charter. I wish them the best!

Ditto.

"allegedly downloaded"

Just a question, how does the RIAA know that these were downloaded, and not ripped from a CD or tape the account holder owns?

Does the RIAA "assUme" that because a certian song or song is in someone's files, that it is automaticially "stolen"?

Or are they using spyware?

Dave

they are using searchbots wiley69 and their proof would evaporate like a morning fog if the right people were trying the cases for the defendants....in a complete reversal of business norms, here is a company that doesnt want to be a middleman to which i applaud their efforts(no matter what their intentions).... more companies need the backbone (or intelligence) to stand up to these crooked subpoenas that are given out like candy at halloween

hell yeah, go charter

we have charter here in Oregon and I'm not a fan of their company at all. they have the same monopolistic attitude and there's no alternitive to them, HOWEVER, In this battle of the giants (IE Godzillia Vs. the sea monster) I choose Charter. go man go.

Re Tom Hearity, vice president and associate general counsel for Charter, said Friday his company has not released a 'single datum of information' to the RIAA." Charter needs a convoy of trucks just to carry their balls!

I agree with _thebigpicture_ ^ ...more companies need the backbone (or intelligence) to stand up to these crooked subpoenas that are given out like candy at halloween

I had Charter in Long Beach, CA for about 1 year, and I AM SO GLAD I GAVE THEM AROUND 1000 bucks for that year, i did switch over to verzion dsl for a couple months, it was cheaper, but I have a deep respect for Charter NOW!!! SWEET!!!

I am also waiting for Comcast to sue the RIAA, is this going to happen?

Do you all realize that all the action in our US Courts are being paid for by us? By our tax dollars? I'm all for the Charter Communications Corporation standing up to the RIAA, but man, it's on our bill! Haven't we paid enough?

~goingnova

Have to love my isp. Not only did they give me a 2mb line they also are taking a stand. Customer for life

Tax dollars go to pay the interest on the national debt, none of the tax money goes anywhere we want.

goingnova The price "WE" have paid and _continue_ to pay is unspeakable!

goingnova your point is well taken. It is also one that our lawmakers need to be made aware of. The RIAA refuses to license it's copyrights to Kazaa and other P2P services. The services WANT to. So, by refusing to negotiate, they are wasting OUR tax dollars in subpeonas and court cases over this mess, as well as distracting our lawmakers by requiring that new laws be passed to protect their copyrights.

Solution: COMPULSORY LICENSE. Require the RIAA to license its music like it was required to do so to have it played on radio years ago. No more lawsuits, no more waste of taxpayer dollars, and no more distracting our lawmakers from the work they should be paying attention to.

I don't think tax dollars ever went where we want them to go. Not even since the first tax was every collected.

I'm sure all three companies will be forced to comply eventually, unless the DMCA is changed. Which is not going to happen.

In any case, people will have a few more months before they get sued I guess.

RIAA

Remember the Verizon case appeal was recently heard and a decision is expected sometime next month. Senator Coleman is planning on introducing legislation to require judicial oversight on section 512(h)of the DMCA that the riaa is using to obtain the subpoenas..Write your Senators as soon as it is introduced and ask theem to back it. As soon as we have a bill number we will let you know..

Charter Comm. has got the balls of Gandalf.

I don't expect Comcast to jump on the bandwagon.. they're lovers of $$ just like the RIAA is... they'll sell out in a heartbeat.

-How much does your freedom cost?

About friggin time one of these isp's got some friggin sense! I am so friggin glad I am a Charter customer! AND GUESS WHAT??? I heard about this story last night and this morning when I got home from work (I work night shift) my cable and internet was OUT! lol... normally I woulda been cussin and fussin a storm, but I GAVE THEM SOME SLACK at Charter BECAUSE of this very news item!

Shmoo, of Electric Gypsy

Also, Charter is in kahoots with Tech Tv who may not exactly be our allie, but is as close as we have ever got in mainstreem media, and Tech Tv and Charter are both majority owned by Paul Allen who seems a lot of the time to be PRO tech/our cause...

but on the downside, Paul Allen is big buddys with Bill Gates...

I am confused

I'm surprised people aren't suing charter for their horrible and monopolistic services. Charter is not any better than the RIAA, this is one thing people should keep in mind. This is nothing more than a PR stunt for them.

The deep and dirty side of this is that some of the "big" companies are seeing bigger and better proffits than the RIAA side companies...

Even tho most of the media/tech companies are in bed together, they DON'T YET have a total monopoly and the cd/burner/tech/internet providers can see that the PEOPLE (ME AND YOU) want something BESIDES the RIAA mandated "choice" of music.

If we can divide the corps over the $$$ they crave, maybe we can win!

That $$$ issue (and OUR decision where to spend) is the only issue that seems to matter to them...

SO KEEP BOYCOTTING! And keep spreading the word!

We want the RIAA and ilk gone? Well, STOP FUNDING THEM!

Shmoo, of Electric Gypsy
http://electricgypsy.iuma.com

(and somebody buy a t shirt for goodness sake!)

keno24

Let's hope it is NOT a "PR" stunt...
Charter has something to LOOSE from it!

Now, that said, Senator Coleman we KNEW was full of shht with his "hearing" that turned out to be as we predicted just an RIAA stunt to make people think something needs done with all these so called "pirate" and "illegal" file sharing ventures....

Maybe, (JUST maybe, but only MAYBE) Charter is paying heed to their CUSTOMERS.

Keep fingers crossed.

Shmoo

~Quote~
Does the RIAA "assUme" that because a certian song or song is in someone's files, that it is automaticially "stolen"?
~Quote~

Well, you know what they say - when you assume you make an "a$$" of "u" and "me".

'Course, the RIAA was one to begin with.

"Solution: COMPULSORY LICENSE."

How is that a solution? If the RIAA licenses to P2P United, then more P2P's will start up that choose not to license and make money from the advertising instead. I read the Sharman brings in 5 million per month in advertising. Compulsory licensing is not a solution.

Sorry to double post, but forgot to add my view on the story! (*kicks self in head*)

I salute Charter for taking a stand, instead of letting the RIAA slide by like Verizon is. And I hope Shmoo is right, I hope its not a PR stunt, that could come out bad in the end for all parties involved except the RIAA. And the last thing we need is an RIAA clear victory in court. They get thåt and we are all but screwed.

OMG! I forgot to buy a t~shirt!
The RIAA SECRET POLICE tshirt is very cool too!

Uhmmm...

I'm hesitant to throw my support for Charter. Maybe it's because I'm paranoid. Maybe it's the fact that the millionaires in the RIAA are taking on the billionaires from Microsoft. But honestly, if someone's that close to Bill Gates, can he really be looking out for us?

Wonder what the RIAA will say? "Charter's arguments have ALREADY been rejected in the COURT OF LAW! They have no case!!"

They have a very good cade. The only courtdecision so far in favor the subpoenas is a lowly district court case. Ther are a hundred district courts and they can all have different rulings until the Supreme Court has its say.

Of course the Supreme Court will side with the RIAA. The only real solution is for the development of an anonymous file sharing system that can survie outside of the impending governmental regulation.

Also, we must trade with our friends and amass vast libraries of songs. I'm mean hundreds of thousands of songs. This is the only way.

Remember, these ISPs could avoid all this if they were to make it a pattern and practice of NOT keeping identifying info on ISP addresses and logs...check out this link
http://www.mondumo.com/nologs/log/

Remember, these ISPs could avoid all this if they were to make it a pattern and practice of NOT keeping identifying info on ISP addresses and logs...check out this link
http://www.mondumo.com/nologs/log/

Oi, it gives good advice but I can't tell if it's leaning our way or theirs.... A law like that would be nice though, I live in Arizona, wouldn't be surprised if this went through in Cali we followed suit.

The sig now says it all!

Zeon
"Live Free or Die!"

yeah. I'm afraid raoulduke1 is right.

this is why massive "education" needs to occur. so many people need to be behind p2p that the supreme court is surrounded by people who are telling them what needs to be done.

to be honest, i dont see the us gov stopping 63mil filesharers, but who knows? having an additional 100mil added to that number can't hurt.

maybe napster2 will replace the RIAA for promoting artists. maybe instead of selling their soul to the 5 big companies, artists will simply go to napster2 and allow themselves to be promoted there. I see this napster2 as the undoing of the RIAA, and perhaps a good deal afterall.

to be honest, microsoft does have its monopoly going, but I've never seen microsoft as a bad thing. because of them, the entire country runs. period. everyone has a GUI that allows even the less intelligent or technically gifted to easily operate computers with simple instruction and allows our coutry to work somewhat smoothly. no I'm not some troll for microsoft, I just say what I see.

so if microsoft decides to waltz in and tell the RIAA that this is the way things are going to be done now, I don't think the RIAA will really complain. imagine microsoft donating 10 mil to this site for advertising? hahahahaha
it's less than 1/8000 of their assets. and with the money they'd make from napster2, spending this money to get rid of the RIAA isn't out of the picture.

but back to topic. GO CHARTER!

KISS MY ASS RIAA!
KISS MY ASS LL COOL J!

It's funny, out of all my friends, or anyone I've met for that matter, I've NEVER seen a LL cd or a song downloaded from this jackass. it's like they picked the one guy that no one would argue with when he said he didn't want his music "shooting all around the planet"
because it's not
what an idiot

"There are a hundred district courts and they can all have different rulings until the Supreme Court has its say."

I don't think so. There are 9 districts. Once 1 court rules in a district that should be the law in that district.

"Of course the Supreme Court will side with the RIAA."

I don't know why you say that. It is very possible that the SC will rule against the RIAA.

Seeing as the RIAA owns Napster II, are you saying they're going to end up killing themselves? Can we pray!?

I personally have never had a problem with Microsoft, either. In fact, I'm on a Mac at the moment and the only complaint I have is the keyboard in weird and I can't open some files. Other than that I have no favoritism either way, I just am more used to PCs.

As for LL Cool J, never have been a fan of his music and now definately never will. The Irony of Ironies, though, rabid, about how he doesn't want his music traded when it isn't being traded. So he got what he wanted, eh?

Zeon
"Live Free or Die!"

Daah, people posting at the same time!

What's the political balance of the SC right now, in favor or against RIAA? Because if the RIAA loses in court they will definately whine and gripe their way up the appeals chain to the Supreme Court if it'll get them what they want - more $$$!

Zeon
"Live Free or Die!"

In response to 'ZeonMusic's' last question regarding the Supreme Court: Suppose we hold up their decision on the Eldred v. Ashcroft case as a hint on where they may stand? Remember what I'd noted about Ruth Bader Ginsburg's history . . .

My family and I live and work in close proximity to open wireless hotspots. We're considering dumping our ISP and getting wireless notebooks. I hope this beomes a trend.

R B Ginsburg = globalist
globalist= agreement with WIPO (Euro in origin)
agreement w/ WIPO= agreement with DMCA
(DMCA is title 17 implementation of WIPO copryright guidelines)
agreement with DMCA=victory for RIAA scum

Good for Charter!!!! It wouldn't matter if the RIAA can tell the difference between songs you are sharing on whether they are from a purchased CD or downloaded because they are trying to get the sharers, not pure downloaders that don't share.

Finally Charter is starting to do things right. First they overcharge for everything here, tv..internet, but they just started giving me 2 MB instead of 1MB of download speed without extra charge and now this. I guess my money is going to a good source. Hope they win.

I use charter as well, and got the extra DL speed as well.
Faster download speed, and suing th RIAA-such sweet irony!
Thank you, charter, for putting your mouth where my money is!

~time flies~

ok this is something that i keep hearing from a lot of you: how can you tell if a person has legally obtained the MP3 file, or downloaded it (illegally or fair use, your call). That isn't what the suit is about. The suits are about having that file available for UPLOAD. That is the supposed "copyright infringement". It has nothing to do with whether you have the right to the media on your own computer, its about sharing it to the world.

Thanx Charter, its good to know your protecting your customer.

guys.. guys.. GUYS!! How many times I gotta tell ya!!? If you are BOYCOTTING RIAA PRODUCTS, and sharing indie, legal.. who cares who knows? Save yourself and your firewalls the headaches.. BOYCOTT. Do NOT use Riaa-crack music.. Buy used, and indie.. simple as that! Sharing is NOT ILLEGAL.. so stop scampering around like it is.. this kind of talk just seems to reinforce tha false piracy stereotype.

..as for Charter and the ISPs.. seems logical to me that they are just proctecting their own self-interest.. internet privacy, at least as an idea, still seems important to their customers.

RIAA-Lover:

If compulsory lisencing is not a solution, then what is a solution? Given that P2P is here to stay so long as the internet isn't shut down, and the ways of a culture are advancing beyond the ways of a selfish and greedy corporation, what is your solution...

Hell, the RIAA's selfishness and greed are nothing too different from many other corporations. But their ignorance and unwillingness to change is.

I have noticed in every post of yours that I've seen, you have copied and pasted someone else's comments and pointed out a contradiction, flaw, error, etc.


What are your proposals? Are they free of error, flaw, etc? Please let us know your proposed solution(s) and we will be happy to critique them. After all, we're all about the free exchange of ideas.

"to be honest, microsoft does have its monopoly going, but I've never seen microsoft as a bad thing."

well rabidzealot, micro$oft may have done some good things in the past, yet, w/ not too much media attention, they're working on their own strategy of ruling the world: http://www.againsttcpa.com/

I think that these Cable/Broadband Companies are finally starting to realize if they release the names of all the people useing broadband for whatever reason, **COUGH**downloading**COUGH**
they realize just how much money they stand to loose if the same people quit using it altogether, and would hamper new efforts to sign up people to their service. I think they realize that those who use broadband are downloaders, and that is where the cash comes in at.

They have to protect their revenue. Correct?

For once I feel proud to have Charter as my cable company. I keep seeing their ads that say "from your friends at Charter Communications," now I see what they mean by that.

Go charter, hope they win, now if more ISP's will join the fight mayge, just maybe the RIAA will be defeated (Well they will be defeated eventually anyways...), If Mediacom Would stick up for us just as charter, then I would get cable internet. Oh yeah, I'd like to see Qwest get it's @$$ kicked in some big case and go broke, I really, really hate Qwest right now, and no they are not my ISP.

I have had Charter for over a year - they have been great to me. I'm glad to hear somebody has a backbone..... Go Charter.......... kick their commie asses.

I just wanted to reply to something that bulkeraser said. The ISPs can't stop logging info because they also use that to help law enforcement agencies catch criminals such as child kidnappers, child preditors, credit card fraud and others. The criminals use the internet and Charter has to be able to help shut them down. I too am glad that Charter is taking a stand.

Dag why can't we sue the government on the Privacy Act????????????? by letting the RIAA get individuals private information? Our Individual rights are being VIOLATED!!!
GOOOOOOO CHARTER!!!!

I also agree with Deliriou5 ^5

raoulduke1/bulkeraser:

One of the primary things you must remember is that the DMCA, in it's parts,c an be negated by the US Supreme Court, if the court finds that part or the whole is in any violation of the Spirit of the Constitution. One of the cases that has been talked about on here is Marbury Vs. Madison in which a law passed by Congress was ultimately declared unconstitutional by the Supreme Court because that law superceded the authority of the Constitution.

If anything, this will boil down to a 4th amendment issue: does ANYONE in this country have the right to search and seize property without due process and then be accused of a crime?

Are we, as private citizens, allowed to accuse a neighbor of stealing and then asking to have that person be hauled into court, to be tried as a thief, alleging that the neighbor is indeed guilty because you saw your lawn mower in his garage, without giving that neighbor the benefit of doubt? If we are to become a society based on paranoia, we are truly doomed. The neighbor in question could have simply put your lawnmower in their garage since it had started to rain and that neighbor knew you had spent a lot of money purchasing it and it was your pride and joy of your gardening experience. But instead of asking why it was in their garage, you just assumed theft and therefore your neighbor MUST be a thief and SHOULD be prosecuted immediately! - Just because I have an MP3 file on my system, does that mean I immediately downloaded it from the internet? Could it not be a rip from a CD that I already own and was preparing to transfer it to my MP3 player, but since I am fairly computer illiterate, I didn't know I was sharing my MP3 files with the world? (Not everyone understands what "Sharing a Folder" means).

Just for the record, I do share ONE MP3 file I downloaded from the Kurzweil (electronic keyboard manufacturer) called DARKSIDE.MP3 - it is THEIR rip of a MIDI sequence that has become very popular with MIDI composers that show off the capability of their top MIDI keyboard/sequencer. Does sharing that file mean I am infringing on Pink Floyd? Should Kurzweil be prosecuted as well for illegal distribution of content? Should all MIDI music files be classified as illegal derivative works? Of course not - most musicians wouldn't be able to compose music if the MIDI standard were to somehow end up being classified as an illegal method of unauthorized duplication for distribution - just like they are trying to do with MP3's.

Your vote does count, your voice does count, email, snail mail, call your US, State and Local congressmen and raise hell - LET YOURSELF BE HEARD!