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Thread: Supenoa Via Dcma Overuled

  1. #1
    Is it true

    I was listentining to the radio and heard that a Court overuled that suponeoas based on the DCMA fliled against P2P users is null because at the time the DCMA was written file sharers were not in the scope of the act, thus it cannot be used to obtain information against file sharers.

    This would mean to say that they would have to obtain a suponea through standard Court procedures and would need to show cause to obtain such a suponea which would become very tedious and time consuming, not to mention they would have to show how they obtained their information as well...

    EDIT:Well heres the story
    http://www.slyck.com/news.php?story=351

    RIAA Subpoenas Ruled Unconstitutional

    In an astounding blow to the RIAA's campaign to cripple file-sharing, the United States Court of Appeals, located in Washington DC has ruled the RIAA's subpoenas, based on the DMCA, are invalid for the following reasons:

    *

    1) § 512(h) (subpoena notification subsection of the DMCA) does not authorize the issuance of a subpoena to an ISP acting solely as a conduit for communications the content of which is determined by others;

    2) the district court lacked Article III jurisdiction to issue a subpoena with no underlying ‘‘case or controversy’’ pending before the court;

    3) violates the First Amendment because it lacks sufficient safeguards to protectn an internet user’s ability to speak and to associate anonymously.

    From the Court's ruling, "The RIAA’s notification identifies absolutely no material Verizon could remove or access to which it could disable, which indicates to us that § 512©(3)(A) concerns means of infringement other than P2P file sharing."

    In one of the more significant points of the ruling, the court stated the RIAA could not meet the subpoena requirements of subsection "h", because that subsection refers to material that an ISP can directly control. Since all P2P traffic is between peers, and the ISP merely acts as a conduit, subsection "h" simply does not apply to Verizon. With this enormous precedent set, it will surely apply to all ISP's.

    Cary Sherman, RIAA President, weighed in on the ruling. "Regardless of this decision, we will continue to defend our rights online on behalf of artists, songwriters and countless others involved in bringing music to the public. We can and will continue to file copyright infringement lawsuits against file sharers who engage in illegal activity."

    He added that the decision "is inconsistent with both the view of Congress and the findings of the District Court. It unfortunately means we can no longer notify illegal file sharers before we file lawsuits against them to offer the opportunity to settle outside of litigation. Verizon is solely responsible for a legal process that will now be less sensitive to the interests of its subscribers who engage in illegal activity."

    It will be interesting to see how the RIAA plans to maintain their campaign's ferocity without the benefit of the DMCA's subpoena process.

    The RIAA began its campaign against the file-sharing community on June 26, 2003, and has subpoenaed nearly 1,000 individuals. Verizon, along with Pacific Bell Internet Services, have vigorously fought the RIAA. Verizon was forced by a lower court to give up the names of individuals cited by the RIAA as copyright infringers; however they refused to comply with this request and began a long appeal process.

    In a case many analysts felt impossible to win, this is a victory for everyone; not just Verizon, the ISPs or the individuals pursued by the RIAA. Anyone with concern for their rights can relish this day of renewed freedom for the Internet community.

    Keep in mind while this is an important win for the Internet community, this is certainly not the end of the RIAA or its struggle against P2P. This will most certainly continue to drag on until it reaches the Supreme Court.

  2. File Sharing   -   #2
    Arm's Avatar Poster
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    Couldn't all these warez and file-sharing sites just operate in some other country that has no diplomatic releations with the United States if they don't want to be sued?

  3. File Sharing   -   #3
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    Originally posted by Arm@20 December 2003 - 02:50
    Couldn't all these warez and file-sharing sites just operate in some other country that has no diplomatic releations with the United States if they don't want to be sued?
    u mean iraq?

    i dont think they have many servers up right now

  4. File Sharing   -   #4
    Illuminati's Avatar Simple Bystander BT Rep: +7BT Rep +7
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    It's a victory - But I don't think it's the victory.

    The RIAA et al will probably find another loophole to either get around the DCMA or doesn't bring the DCMA into the equation at all. But it will take a fair bit of time for them to find such a loophole


  5. File Sharing   -   #5
    Arm's Avatar Poster
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    Originally posted by james_bond_rulez+20 December 2003 - 11:52--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (james_bond_rulez @ 20 December 2003 - 11:52)</td></tr><tr><td id='QUOTE'> <!--QuoteBegin-Arm@20 December 2003 - 02:50
    Couldn&#39;t all these warez and file-sharing sites just operate in some other country that has no diplomatic releations with the United States if they don&#39;t want to be sued?
    u mean iraq?

    i dont think they have many servers up right now [/b][/quote]
    We own Iraq. I was thinking like Iran or Korth Korea. I wonder how good their high-tech market is.

  6. File Sharing   -   #6
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    Originally posted by Arm+20 December 2003 - 10:37--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (Arm @ 20 December 2003 - 10:37)</td></tr><tr><td id='QUOTE'>
    Originally posted by james_bond_rulez@20 December 2003 - 11:52
    <!--QuoteBegin-Arm
    @20 December 2003 - 02:50
    Couldn&#39;t all these warez and file-sharing sites just operate in some other country that has no diplomatic releations with the United States if they don&#39;t want to be sued?

    u mean iraq?

    i dont think they have many servers up right now
    We own Iraq. I was thinking like Iran or Korth Korea. I wonder how good their high-tech market is. [/b][/quote]
    nah u dont own iraq, the Iraqi ppl owns Iraq. You are just there to leech their oil

  7. File Sharing   -   #7
    Arm's Avatar Poster
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    Routing copyright infringing dsoftware through another country works for [illegal link]. The server that holds the cracks are stationed in Armeania. Though that site went to shit now because it makes you download spyware in order to use it.

  8. File Sharing   -   #8
    Originally posted by Illuminati@20 December 2003 - 04:57
    It&#39;s a victory - But I don&#39;t think it&#39;s the victory.
    Though this IS the biggest victory we&#39;ve had yet I believe...

  9. File Sharing   -   #9
    Illuminati's Avatar Simple Bystander BT Rep: +7BT Rep +7
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    Originally posted by REALITY+21 December 2003 - 08:05--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (REALITY @ 21 December 2003 - 08:05)</td></tr><tr><td id='QUOTE'> <!--QuoteBegin-Illuminati@20 December 2003 - 04:57
    It&#39;s a victory - But I don&#39;t think it&#39;s the victory.
    Though this IS the biggest victory we&#39;ve had yet I believe... [/b][/quote]
    True True


  10. File Sharing   -   #10
    Monkeee's Avatar Post Whore
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    wait so i cant get sued?

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