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:: 8.04.2003 ::
:: "The future of a scare campaign" ::
By Declan McCullagh
The Recording Industry Association of America's efforts to scare peer-to-peer users who violate copyright laws began with a promising start exactly one year ago.
Last August, the RIAA asked a federal court in Washington, D.C., to force Verizon Communications to divulge the identity of a Kazaa user, kicking off a legal tussle that ended with the RIAA winning a stunning victory. At about the same time, key members of Congress wrote a letter that asked the U.S. Department of Justice to begin criminal prosecutions of P2P users who "allow mass copying," while an RIAA ally on Capitol Hill simultaneously introduced a bill to allow copyright holders to attack computers on P2P networks used for piratical purposes.
A year later, however, there are some signs that the RIAA's antipiracy campaign is faltering.
Last week, Sen. Norm Coleman, R-Minn., criticized the RIAA's pursuit of music swappers, saying he was "concerned about the potential for abuse in the current system." The Massachusetts Institute of Technology and Boston College are fighting the RIAA, and a new survey found that 67 percent of file swappers in the United States are indifferent to copyright concerns, an unexpected jump from 61 percent just three years ago.
But the most daunting obstacle to the recording industry's dogged efforts to rid the Internet of music piracy is a lawsuit that Pacific Bell Internet Services (also known as SBC Communications) filed against the RIAA last week.
It is carefully crafted to portray the RIAA and its contractors who scour P2P networks for infringers as out-of-control juggernauts who care precious little about due process, the rules of the federal court system, Americans' privacy rights and the U.S. Constitution.
You know what? SBC stands a decent chance of winning. If that happens, the case would deal a sore setback to the RIAA and make the dread subpoena process that the Digital Millennium Copyright Act (DMCA) created far less menacing.
posted by me
:: 4:48:00 PM [+] ::
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