The music industry's subpoena-and-sue campaign against online music file swappers has been delivered a blow from a Pennsylvania district court, which has ordered the Recording Industry Association of America to show better respect for privacy and due process rights of peer-to-peer users it accuses of copyright infringement.
The order by Judge Cynthia M. Rufe said the Recording Industry Association of America cannot obtain the names and addresses of infringement targets before their Internet service providers have first notified those customers of the RIAA subpoenas, including and especially that the customers must receive detailed notices that include how the accused can challenge the subpoenas.
"Receiving notice from your ISP that you are being sued by the record companies is a terrifying experience for the grandmas, students, and working mothers who have been caught up in the RIAA's lawsuit crusade," said Electronic Frontier Foundation legal director Cindy Cohn. "By requiring ISPs to include basic information such as the right to challenge lawsuits and where to go for help, the court took a big step toward helping people understand their options."
Rufe's order came over a bid by Elektra Entertainment Group – whose record labels feature such musicians as Paul Butterfield, the Cars, the Doors, the Eagles, Jet, Metallica, Pantera, Phish, Linda Ronstadt, Carly Simon, and Zero 7 – to get the names and addresses of six Doe defendants in eastern Pennsylvania.
The challenge was mounted by the EFF, the American Civil Liberties Union, and Public Citizen, all of which filed as friends of the court in the case.
"The constitutional right of individuals to anonymous speech is just as important on the Internet as it was when the Federalist Papers were published," said ACLU attorney Chris Hansen. "The court has properly found that before someone's identity is disclosed, that person should at least have a right to be heard and to raise certain defenses."
"Judge Rufe has required the recording industry to meet the same standards of proof that are required when other plaintiffs seek to identify anonymous Internet users," said Public Citizen attorney Paul Levy. "We can only hope that judges throughout the country will follow this example."
