RECORDING INDUSTRY OF AMERICA v. VERIZON INTERNET

Nos. 03-7015, Consolidated with 03-7053.

351 F.3d 1229 (2003)

RECORDING INDUSTRY ASSOCIATION OF AMERICA, INC., Appellee, v. VERIZON INTERNET SERVICES, INC., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 19, 2003.


Attorney(s) appearing for the Case

Andrew G. McBride argued the cause for appellant. With him on the briefs were John Thorne, Bruce G. Joseph, and Dineen P. Wasylik, and Kathryn L. Comerford.

Megan E. Gray, Lawrence S. Robbins, Alan Untereiner, Christopher A. Hansen, Arthur B. Spitzer, and Cindy Cohn were on the brief for amici curiae Alliance for Public Technology, et al., in support of appellant.

Donald B. Verrilli, Jr. argued the cause for appellee Recording Industry Association of America, Inc. With him on the brief were Thomas J. Perrelli and Matthew J. Oppenheim. Deanne E. Maynard entered an appearance.

Scott R. McIntosh, Attorney, U.S. Department of Justice, argued the cause for intervenor-appellee United States. With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and Douglas N. Letter, Attorney, U.S. Department of Justice.

Paul B. Gaffney, Thomas G. Hentoff, Eric H. Smith, Patricia Polach, Ann Chaitovitz, Allan R. Adler, Joseph J. DiMona, Robert S. Giolito, and Chun T. Wright were on the brief for amici curiae Motion Picture Association of America, et al., in support of appellee Recording Industry Association of America. David E. Kendall entered an appearance.

Paul Alan Levy, Alan B. Morrison, and Allison M. Zieve were on the brief for amicus curiae Public Citizen.

Before: GINSBURG, Chief Judge, and ROBERTS, Circuit Judge, and WILLIAMS, Senior Circuit Judge.


Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

This case concerns the Recording Industry Association of America's use of the subpoena provision of the Digital Millennium Copyright Act, 17 U.S.C. § 512(h), to identify internet users the RIAA believes are infringing the copyrights of its members. The RIAA served two subpoenas upon Verizon Internet Services in order to discover the names of two Verizon subscribers who appeared...

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