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Verizon Seeks Stay To Ruling On Subscriber

By Erik Gruenwedel, L.A.
Publication: Billboard Bulletin
Date: Friday, January 31 2003
Verizon Communications has asked a federal court in Washington, D.C., to issue a stay to last week's ruling that forces it to identify a subscriber who allegedly distributed pirated music files over the Internet (Bulletin, Jan. 22).

The RIAA last summer issued Verizon

with an "information subpoena" requesting the subscriber's information. Verizon had argued that since the allegedly infringing material is on the subscriber's personal computer--not its network--the subpoena is invalid.

John Thorne, senior VP/deputy general counsel for Verizon, says identifying the subscriber will undermine the company's appeal efforts and invade the privacy of its members. "If we're going to get an appellate review of the decision, which was the first of its kind in the country, it's important to preserve the [privacy] issue."

Matthew Oppenheim, senior VP of business and legal affairs for the RIAA, counters, "There is no evidence, or even suggestion, in the record to indicate that downloading or transmitting these recordings is somehow protected expression."

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