Charter seeks court intervention in music subpoenas

ST. LOUIS (AP) — Charter Communications wants a federal appeals court to block the recording industry from obtaining names of Charter customers who allegedly shared copyrighted music over the Internet.
In a filing Tuesday, St. Louis-based Charter — the nation's third-largest cable provider — cited last Friday's decision by the U.S. Court of Appeals for the District of Columbia, which found that the recording industry can't force Internet providers to identify music downloaders.

That ruling did not legalize distributing copyrighted songs over the Internet, but it would greatly increase the cost and effort for the Washington-based Recording Industry Association of America to track such activity and sue those who are swapping music online.

The District of Columbia federal court overturned a lower court's decision to enforce copyright subpoenas, one of the most effective tools used by the recording industry. The subpoena power was established by a law passed before the explosive growth of swapping music online.

U.S. District Judge John D. Bates had approved use of the disputed subpoenas, forcing Verizon Communications to turn over names and addresses for at least four subscribers. Since then, Verizon has identified scores of its other subscribers under subpoena by the music industry, and some of them have been sued. Verizon appealed.

"Just like Verizon, we are a conduit for information," Curt Shaw, Charter's general counsel, said Tuesday. "We don't believe Charter should be subjected to these subpoenas, either."

After Charter fought RIAA subpoenas in federal court in St. Louis, U.S. District Court Judge Carol Jackson last month ordered the company to turn over the information that had been demanded. Since then, Charter has provided identifying information on about 200 of its customers.

As part of its filings Tuesday, Charter also wants the St. Louis-based 8th Circuit Court of Appeals to order the return of information identifying the roughly 200 customers.

Amy Weiss, an RIAA spokeswoman, said the industry group could not comment immediately on Charter's filing. "We are reviewing our options," she said.

In its ruling last week, the District of Columbia appeals court said the 1998 copyright law doesn't cover popular file-sharing networks used by tens of millions of Americans to download songs. The law "betrays no awareness whatsoever that Internet users might be able directly to exchange files containing copyrighted works," the court wrote.

The judges sympathized with the recording industry, which has cited declining profits, noting that "stakes are large." But they said it was not the role of courts to rewrite the 1998 law, "no matter how damaging" the practice of swapping has become to the music industry or threatens to become to the motion picture and software industries.

Legal experts said they did not expect last week's ruling to affect 382 civil lawsuits the recording industry has filed since it announced its campaign six months ago; none of those lawsuits are known to have been filed in the St. Louis area.

The ruling also was not expected to affect financial settlements with at least 220 computer users who agreed to pay penalties from $2,500 to $7,500 each.

This is good news Leflaw. what about the class action suits from those whose names were already released? Are lawyers all around the country ready to take on the RIAA over this? awsome

I had a feeling, a lot of it was probably hope, that the RIAA would see their demise when they came to St. Louis. I don't know why. But for some reason I just didn't see Charter giving up or anyone here taking it lightly.

It turns out that I have met an astounding amount of people in the city of St. Louis as well in Columbia, Missouri (Mizzou) that are up in arms and not happy. And it's not just the rare person who cares. It's a surprisingly large amount of people.

Thank you Charter.

Hey Leflaw, went to your website, didnt see anything about your willingness to countersue the riaa. Maybe I am blind or I just didn't see it.

Suggestion, maybe you should get with your wemaster to change this.

This is only the beginning guys. The recording industry shot themselves in the foot now angry people are talking to attorneys right now about taking record companies to court and suing them for invasion of privacy. Let this be a message to Cary Sherman, Hilary Rosen, Mitch Brainwol and the rest of you monopoly pigs that when you decide to bite the hand that feeds you, you will end up paying for it dearly. My question is why does it have to come to this? Why can't you record companies listen to reason? Why can't you find a better solution that destroying people's lives? No wonder you are the most HATED industry across the planet.

"We are reviewing our options."

Option 1 -- Jump into the Potomac.

Option 2 -- Push Bainwol into the Potomac.

Option 3 -- Keep blaming consumers.

Option 4 -- Give it up.

Just remember the RIAA wanted to have some kind of language passed to make them less accountable for invasion of privacy laws, shielding them from a lawsuit aimed at them in case people wised up an thought whoa wait a minute they are invading my privacy reaching into my computer and trying to gain info on me or having my ISP hand over my private info.

On a second note we need to give them as much Hell as we can, remember they are an offshore entity so they are our enemy using our country for a battle field of consumer attack. boycott and don't give up these will be baby steps till we can take bigger steps.

Yeah well I want to sue all of them for disrupting my file and causing me undue emotional distress by forcing me to question the stability of my countries legal system. Whether or not there is reason to question the system is irrelevent, the RIAA's action have defently caused an increase in my level of concern for my country's well-being and they should compensate me for my loss.

Hey here is an idea, four ppl sued Creed for a crapy concert, they were not happy for the money they spent for a bad show yea they lost but it was on of the top 20 celebrite battles on vh1 tonite. So in tech terms, could we not sue the RIAA and a lable for a crappy product? just a thought would never happen but who knows it could actually work

You could, woodhead, but unless you have lots of money, your lawsuit won't go very far.

this is the whole problem, you need a lot of money to take on a corporation like the RIAA, and that's why they've been able to sue people and make them pay settlements.. It would be nice if there would be a collective lawsuit against the RIAA by all file sharers and especially the ones who were sued, not to mention the ISP's who were stong-armed into giving up confidential information on a whim to the RIAA without reasonable evidence. If police did this they would be in deep shit, the same should apply to the RIAA..

i upgraded to WM9 only becose i will neaver play a leagly brought MP3 on it any way i only did it so i could stream the lastest kinky VIDS on perv web sites :0O lol for me and my girl other then that since i can't buy a song that i can down load at will and burn as many times as i would like in as many formats as i would like to brun it in
also bleep out words i would not like my kids (well when i get kids) to lisson to
or maybe i would like to compress the song to a format that would be better suted for my MP3 player my MP3 player only plays mp3 ogg......can't do that any more

o what a wonderfull world thank god P2P is around

i mean think about it if it whas not for p2p how would we be getting are music right now
and do not tell me you think it would be from music D/Ls no thay only started offering them after p2p almost killed them CD maybe? nah thay choped up CDs into one or two good songs and priced it 10 dollers more
would it be from e-mail

YEP E-MAIL!!!!!! thats whare we would be getting music
from are friends and family MP3 threw the mail
brillent idea if i do say so my self

you know what 9/11 should not have been the trade center nope thay have the wrong simble or the U.S greed
thay should have hit the RIAA head quoters maybe tag cray-sue right betwen the eyes

OFF TOPIC HEAR AND ABOVE!!!!!!!!!!!opps posted that to the wrong topic lol any way any one have the numbers for the RIAA for crissmiss sales???

gdZ - I think they will go with your "Option 3" (I would bet my next paycheck on it).

I just seen on CNN this morning about the RIAA filing hundreds of more lawsuits. I looked to Reuters and CNN to not find it on there.. I'll try to keep you posted

We know from past experience not to expect a kinder gentler RIAA to emerge from this debacle. The RIAA has taken a sharp turn to the right and thrown in with Ashcroft Patriot Act. In addition, a slew of kiddie porno laws were proposed in 2003. We wait to see if Hatch again proposes anti-porn and P2P in the 109th Congress.

In addition, Bush has told the Supreme Court to revisit the kiddie filtering in libraries. (Some people never learn when they've been beat.)

NEVER LET YOU GUARD DOWN. SHUN THOSE APPEASERS WHO PROPOSE TO BUILD A BRIDGE.

Congrats to all on a seminal bedrock ruling (Verizon) which is a important as Betamax. Enjoy your New Years' champagne toasts, we deserve it. Thanks to all for the mighty effort. Pat yourselves on the back. "Live loud, laugh long, love much"-- in 2004.

But.

Don't kid yourselves what Hatch is up to. Be forewarned....We got work to do. Watch this space.

Koemoejoe

It wouldn't of been any better if those planes hit the RIAA, people on those planes didn't need to die.

May they rest in peace.

thats true
i did not think about that :0(

Koemoejoe, I would not advocate violence, especially now in the world.

I have to agree.

If I were you, Koemoejoe, I would NOT mention the 9/11 attacks and the RIAA in the same sentence (or post) ever again.

Be forewarned...

You never know who may be watching the 'net.

If some federal agent had just "happened upon" that post, it would raise a red flag with him or her.

Best off to not mention the 9/11 stuff.

Please let those who died on 9/11 rest in peace.

DeanSB2000

Dean might be right Koemoejoe. Do a google of those words DeanSB2000 mentioned and see if this page and your post comes up. And you just know the feds have other/better ways of crawling the web for subversive stuff too. I don't mean to be a paranoid nutcase about this and all, but with things like the Patriot Act and all being visible and out in the open... just think what might be going on "hush hush" by our govt. Unfortunately, with our current administration and their exploitation of the tragic events of 9/11, our freedoms are severly threatened. We gotta be careful what we post here, even in jest or just blowing off steam.

Shmoo

Cause this site is in itself pretty subversive and against the corportate powers that be who mostly run the country.