Fcc Gets More Time; Riaa Serves More Suits

This week in the nation's capital, a bill is giving the Federal Communications Commission more time to review ownership rules, while a West Coast court decision could benefit the Recording Industry Assn. of America, even as that agency unleashes more suits.

A provision in the pending congressional omnibus appropriations bill would extend the period between FCC ownership rules review from two years to four years. The extension was introduced as an amendment earlier this year by Sen. John McCain, R.-Ariz., chairman of the Senate Commerce Committee.

At a July hearing, Republican and Democratic FCC commissioners agreed that such an extension would give the FCC the time and resources to do a more thorough job of reviewing its ownership rules.

Although Congress has adjourned, Hill leaders may be called back this month to vote on the omnibus bill, providing 2004 funding for many government agencies.

The RIAA on Dec. 3 filed 41 new lawsuits against Internet users who illegally download songs on peer-to-peer services. It is the third wave of lawsuits since September. A total of 382 P2P users have been sued. All had uploaded more than 1,000 copyrighted music files.

An RIAA spokesman says that the group has reached monetary settlements with 220 users and that more than 1,000 individuals had voluntarily promised to stop copying music.

The spokesman says the RIAA plans to send warning letters to 90 more users that they face infringement lawsuits.

Meanwhile, a judge for the Northern District of California has ruled that the lawsuit between Pacific Bell Internet Services and the RIAA be moved from San Francisco to the District of Columbia.

Pac Bell, a division of SBC Communications, sued the RIAA in July to block some 200 subpoenas. The RIAA filed the subpoenas to get the identity of Pac Bell Internet subscribers that were allegedly engaging in copyright infringement. Pac Bell claims that the trade group violated the Constitution by improperly serving the subpoenas.

The change of venue is seen as a victory for the RIAA, as the trade group has won similar cases in the D.C. court.

It "throws a significant monkey wrench into SBC's case," RIAA president Cary Sherman claims.

Judge Susan Illston abstained from considering Pac Bell's motion for declaratory relief. She said that not transferring the action to D.C. "would encourage [court] forum shopping in subpoena matters [and] contravene the courts' preference for adjudicating Constitutional rights in the context of a concrete case."