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Wednesday, 01/05/2005 8:23:26 PM

Wednesday, January 05, 2005 8:23:26 PM

Post# of 341669
Record Industry Loses Download-ID Ruling

ASSOCIATED PRESS
January 5, 2005; Page D2

WASHINGTON -- A second U.S. appeals court ruled that the recording industry can't force Internet providers to identify music downloaders under a disputed copyright law.

The 2-1 ruling yesterday by the U.S. Circuit Court of Appeals for the Eighth Circuit in St. Louis affirms another appeals court's decision in Washington in December 2003. Both courts ruled against efforts by the Recording Industry Association of America, the trade organization for the largest labels, to compel Internet providers to identify customers accused of illegally distributing songs via the Internet.

In the Missouri case, judges said Charter Communications Inc., a major Internet provider, wasn't responsible for 93 of its customers' allegedly trading 100,000 copyright music files across the Internet and shouldn't have been compelled to identify them under the 1988 Digital Millennium Copyright Act.

The RIAA said it will keep suing people it accuses of illegally sharing music. "Our enforcement efforts won't miss a beat," spokesman Jonathan Lamy said.