Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Internet Law & StrategyLJN NewslettersNewsSections

Music Industry Faces Dual Setbacks

By Samuel Fineman, Esq.
December 01, 2003

Just as the reinvigorated Recording Industry Association of America (RIAA) filed its third wave of lawsuits to thwart the trading of copyrighted music online, the U.S. Court of Appeals for the District of Columbia, in a watershed ruling, struck a critical blow to the viability of those suits brought under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512(h). On a separate but equally important front, the Supreme Court of the Netherlands has reaffirmed the legality of one type of peer-to-peer (P2P) filesharing software known as KaZaA.

The three-judge panel's ruling in Recording Industry Association of America v. Verizon Internet Services, Inc., No. 03-7015 (D.C. Cir. Dec. 19, 2003), poses a monumental setback for the industry's controversial anti-piracy campaign. The decision overturned U.S. District Judge John D. Bates' recent decision to enforce subpoenas filed against certain Internet service providers (ISPs) to divulge the identities of users who allegedly transferred copyrighted materials in violation of the Copyright Act.

This premium content is locked for Internet Law & Strategy subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability Image

This article explores legal developments over the past year that may impact compliance officer personal liability.