Jari Ketola
22 Nov 2003 15:39
Internet service provider SBC Communications and RIAA have attended a hearing to debate the legitimacy of subpoenas handed out by RIAA. RIAA asked the court to dismiss SBC's case entirely, while SBC requested a summary judgement, which would give them a victory in the case without going to a full trial.
SBC sued RIAA in September for requesting for details of their customers. According to SBC the subpoena process is unconstitutional. The case is pretty much identical to the one Verizon brought against RIAA, and lost.
This time, however, the situation is somewhat different, because there's now factual evidence on how RIAA has used (or abused) the DMCA subpoena system.
Judge Susan Illston heard both sides, but did not make a ruling immediately. She did, however, make a statement that could be seen to favour RIAA. Illston might not let SBC to try their case in California, but transfer the case to Washington D.C., where Verizon lost its case against RIAA.
Sources:
News.com
San Francisco Chronicle