![]() ![]() ![]() The announcement of the new lawsuits was preceded by testimonials from those with a stake in the illegal file trading issue who are sympathetic to the RIAA's position. The December appeals court ruling precludes that, he said. Previously, before filing lawsuits the RIAA sent letters to those whose information they obtained using the DMCA subpoenas. Owners of IP addresses named in the suits may be contacted by the RIAA once their ISP divulges their information to the organization, but before the lawsuit is amended to name them. However, the RIAA may begin asking for larger settlements, as awareness of the legal issues surrounding file-swapping grows and if the RIAA's legal costs grow as a result of decisions like those from the D.C. Settlements were reached in 233 of those suits, with agreements in principle reached in another 100, Sherman said. Court of Appeals) Judge Bates was correct," he said. It will be interesting to see if other courts think (U.S. "We obviously disagree with Court's decision in the D.C. However, the organization will not abandon similar cases pending in other circuits, Sherman said. The RIAA has not decided whether to continue pursuing its case against Verizon. "Lawsuits involve activity on a range of platforms, and we'll proceed against all of them," Sherman said. No particular P-to-P network are targets in the lawsuits, he said. Only "egregious" file uploaders are named in the suits, which describes individuals whose computers host more than 800 files for download by other P-to-P users, he said. He declined to name the ISPs involved in the suits and took pains to say that illegal file swappers, not ISPs, are the target of the suits. Each suit names customers of a different ISP, but defendants could live anywhere in the U.S., Sherman said. The RIAA bundled its case against the 532 swappers into four lawsuits filed in New York and the District of Columbia. Verizon argued that the subpoenas threatened customer privacy because they could be issued by a court clerk without oversight by a judge and did not require subsequent legal action by the copyright holder after receiving the subpoenaed information. Court of Appeals for the District of Columbia ruled on behalf of Verizon Internet Services, overturning a lower court ruling that allowed the practice. Previously, the RIAA used a provision of the Digital Millennium Copyright Act (DMCA) to subpoena ISPs directly, without court oversight, for the names and addresses associated with IP addresses before filing lawsuits. ![]()
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