2nd Cir. Allows RIAA "John Doe" Lawsuits

Ever since a federal appeals court ruled the Recording Industry Association of America did not have the power under the DMCA to force ISPs to turn over the names of users it suspected of copyright infringement, the RIAA has resorted to a less McCarthyan approach: "John Doe" lawsuits. Yesterday, the 2nd U.S. Circuit Court of Appeals ruled in favor of the RIAA's new legal process.

Previously, the RIAA ran a mass-subpoena campaign, using the Digital Millenium Copyright Act's new provisions to force ISPs to turn over the names of users whose IP addresses had been identified as copyright violators. The copyright holder did not have to show proof of copyright infringement or file a lawsuit in order to issue a subpoena. When Verizon challenged the legality of the RIAA's strategy, the EFF filed a "friend of the court" brief arguing "that every Internet user’s privacy was at risk if anyone claiming to be a copyright owner could, without ever appearing before a judge, force an ISP to hand over the names and addresses of its customers."

Now, at least, the RIAA has to file a lawsuit before ISPs may be required to turn over users' names. Defendants may challenge the subpoenas and the new ruling "injected judicial oversight into the process."

Still, the EFF estimates the lawsuits, which target individuals and often result in massive out-of-court settlements, have not deterred file-sharers in the United States.