Monday, May 19, 2003
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Library Groups Support Verizon in Fight Against Recording IndustryBy ANDREA L. FOSTER
Academic-library groups have joined 33 other organizations in filing a legal brief in support of Verizon Communications. The company is trying to conceal from the recording industry the names of music fans who have used Verizon telephone lines to trade copyrighted material illegally. The U.S. District Court for the District of Columbia has ruled in favor of the Recording Industry Association of America in its suit against Verizon. In two separate rulings, Judge John D. Bates has said that Section 512 of the Digital Millennium Copyright Act permits a copyright owner -- in this case, represented by the recording-industry group -- to send a subpoena ordering a communication-service provider to reveal information about a subscriber. Under the law, the subpoenas can be issued by a court clerk without any approval from a judge. Verizon is challenging those rulings before the U.S. Court of Appeals for the District of Columbia Circuit. Among those supporting Verizon's appeal are the American Association of Law Libraries, the American Library Association, and the Association of Research Libraries. Campus-network administrators have been tracking the case because if the recording industry prevails, they fear that the industry could present similar subpoenas to colleges demanding that they identify students who illicitly swap music online (The Chronicle, January 29). The brief, which was filed on Friday, says that Section 512 of the digital-copyright law threatens consumers' privacy and fails to honor the constitutional right to free speech. "If the court upholds the Digital Millennium Copyright Act subpoena provision, it will create a new, easy way to silence controversial speakers online," says Cindy Cohn, legal director of the Electronic Frontier Foundation. The San Francisco-based organization, which promotes civil liberties in cyberspace, joined the library groups in the brief. The brief also says the Recording Industry Association of America has already shown clumsiness in ferreting out people who download music illegally. The brief observed that the industry group mistakenly claimed that a computer server in the astronomy department at Pennsylvania State University at University Park was being used to illegally download copyrighted work by Usher, a rhythm-and-blues artist. A Penn State manager who investigated found no illegal music on the machine -- but did find a directory named for an emeritus professor who happens to have the same last name (The Chronicle, May 13). "Although the RIAA has apologized for its error, and several dozen more like it, if the lower court's decision is permitted to stand there is no telling how many future errors will result in clerkstamped subpoenas forcing the improper disclosure of individual identities," the brief argues. A hearing on the lawsuit is scheduled for September. The brief is available online. It can be viewed using Adobe Acrobat Reader, available free.
Background articles from The Chronicle:
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 State Department is said to plan interviews with nearly all foreigners seeking visas Rhodes scholars say program is being poorly run because of new emphasis on South Africa Iraqi universities resume operations and hold free elections for top jobs ACC invites Boston College, Syracuse, and Miami to defect from Big East Baylor U. regent is suspected of blowing a drug agent's cover College suspends police officers to investigate possible use of excessive force 3 Connecticut students face charges for kidnapping "experiment" Spring commencement speakers are announced by 10 colleges Library groups support Verizon in fight against recording industry California colleges seek new videoconferencing system. |
Copyright © 2003 by The Chronicle of Higher Education