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Friday, 12/19/2003 11:41:14 AM

Friday, December 19, 2003 11:41:14 AM

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Court Says Net Music Subpoenas Not Authorized

WASHINGTON (Reuters) - In a surprise setback for the recording industry, a U.S. appeals court said on Friday its methods for tracking down those who copy its music over the Internet are not authorized by law.

The Recording Industry Association of America, a trade group, has sought to force Verizon Communications and other Internet service providers to reveal the names of customers it suspects may be copying music without permission.

The recording industry says the widespread copying of music over the Internet is partially to blame for falling CD sales.

Verizon has argued that existing copyright law does not give the recording industry such authority and its customers' privacy was being violated.

A lower court earlier this year upheld the recording industry's tactics, which have served as the basis for hundreds of lawsuits filed against individual Internet users.

But in a strongly worded ruling, the appeals court sided with Verizon, saying a 1998 copyright law does not give copyright holders the ability to subpoena customer names from Internet providers without filing a formal lawsuit.

"In sum, we agree with Verizon that (the law) does not by its terms authorize the subpoenas issued here," Chief Judge Douglas Ginsburg wrote.

Neither Verizon nor the RIAA was immediately available for comment.

? Reuters 2003. All rights reserved. Republication or redistribution of Reuters content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters and the Reuters sphere logo are registered trademarks and trademarks of the Reuters group of companies around the world.
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