Last week, two major universities declined to hand over the names alleged copyright infringers. In addition, Verizon had previously mentioned that it would not give in until all legal recourses were exhausted. Now, Pacific Bell Internet Services has not only rebuffed the RIAA's attempt to pry into the privacy of its users, but returned their subpoena with a lawsuit.

The lawsuit against the RIAA challenges the legality of some sections of the DMCA. The RIAA has used the DMCA to prop-up it's Gestapo tirade against the file-sharing community. Specifically, Pacific Bell claims the RIAA invaded the privacy of its users.

In addition, Pacific Bell is challenging the juristic ion of the subpoenas, saying they should have been filed in California, not Washington DC. In response, the RIAA expressed their dissatisfaction:

"We are disappointed that Pac Bell has chosen to fight this, unlike every other ISP which has complied with their obligations under the law. We had previously reached out to SBC to discuss this matter but had been rebuked," the statement read.

"This procedural gamesmanship will not ultimately change the underlying fact that when individuals engage in copyright infringement on the Internet, they are not anonymous and service providers must reveal who they are," the RIAA said.

Unfortunately, many ISP's have already given into the demands of the RIAA. However, if Pacific Bell can be victorious in this matter, the validity of the RIAA's persecution will be seriously compromised.

This story is filed in these Slyck News categories
Legal/Courtroom :: Other Lawsuits
Entertainment Industry :: RIAA

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