Laws Of .com

RIAA Targets Individuals on Anonymous Basis - Australia Music Industry Sues ISP

The Recording Industry Association of America ("RIAA") has filed copyright infringement suits in the U.S. against 532 unnamed individuals. It proceeded on this anonymous basis after a US appeals court refused to let it identify file swappers through subpoenas to Internet Service Providers (ISPs). The RIAA will now learn of individual names through the litigation discovery process, and will provide individuals with an opportunity to settle before their names are added to the suit. This process is viewed as more protective of individual privacy rights.

In Australia, applicants including Universal Music Australia, Sony Music Entertainment Australia, Warner Music Australia and BMG Australia have commenced federal proceedings against an ISP. Changes to the Australian Copyright Act in 2000 provided ISPs with a defence of "innocent dissemination", which has not yet been tested. The action was commenced following a six-month operation by the industry-funded Music Industry Piracy Investigation (MIPI) organization. A MIPI spokesperson estimates that up to 20% of ISPs' revenue in Australia is generated by traffic in illegal sound recordings.

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