4.13.2004  More Subpoena Wars  Just before last Christmas, the D.C. Circuit left a lump of coal in the stocking of the content industries when it decided, in RIAA v. Verizon, that copyright holders cannot get the identities of P2P file-sharers from ISPs that are engaged solely in transmitting information rather than storing it. A complaint must first be filed against "John Doe." The decision was a surprise to most observers, including, it now turns out, the U.S. Department of Justice. In a brief filed in RIAA v. Charter Communications, pending in the 8th Circuit, DOJ characterizes the D.C. Circuit decision as "inconsistent with the text of [the relevant law] and the legislative policies that underlie it," and as one that "directly frustrates Congress's intent." The odds that there will be a conflict in the circuits, the summum bonum for every lawyer desirous of Supreme Court review, just took a bounce up. posted by James DeLong : 4/13/2004 05:15:46 PM   IPcentral WebLog Blog Main Recent Posts   Liebowitz on the File-Sharing Study Marginal Costs & Intellectual Property TV by Internet The View to 2010 Porn & the Internet Digital Rights Management Network Effects Stock Options: Its Over Power & Money, Not Good Accounting File-Sharing and Market Power Imperial Canada Archives by Month   December 2003 January 2004 February 2004 March 2004 April 2004 May 2004 June 2004 July 2004 August 2004 September 2004 October 2004 November 2004 December 2004 Links   PFF Blog

	4.13.2004  More Subpoena Wars  Just before last Christmas, the D.C. Circuit left a lump of coal in the stocking of the content industries when it decided, in RIAA v. Verizon, that copyright holders cannot get the identities of P2P file-sharers from ISPs that are engaged solely in transmitting information rather than storing it. A complaint must first be filed against "John Doe." The decision was a surprise to most observers, including, it now turns out, the U.S. Department of Justice. In a brief filed in RIAA v. Charter Communications, pending in the 8th Circuit, DOJ characterizes the D.C. Circuit decision as "inconsistent with the text of [the relevant law] and the legislative policies that underlie it," and as one that "directly frustrates Congress's intent." The odds that there will be a conflict in the circuits, the summum bonum for every lawyer desirous of Supreme Court review, just took a bounce up. posted by James DeLong : 4/13/2004 05:15:46 PM   IPcentral WebLog Blog Main Recent Posts   Liebowitz on the File-Sharing Study Marginal Costs & Intellectual Property TV by Internet The View to 2010 Porn & the Internet Digital Rights Management Network Effects Stock Options: Its Over Power & Money, Not Good Accounting File-Sharing and Market Power Imperial Canada Archives by Month   December 2003 January 2004 February 2004 March 2004 April 2004 May 2004 June 2004 July 2004 August 2004 September 2004 October 2004 November 2004 December 2004 Links   PFF Blog