The music companies disagree.
"It wasn't the compromise that we agreed to," Sherman said. "There's nothing in there that suggests that it only applies when they are carrying the material."
Some language in the DMCA refers to "Information Residing on Systems or Networks," rather than the alleged infringer's own computer, but the judge will have to decide if that phrase should apply to the entire request.
Some of the technology industry's fears are listed in a friend-of-the-court brief filed by an Internet provider trade group. They cite some overzealous automated programs that identify alleged pirates and shoot out an automatic letter to their Internet provider without checking the facts.
In one case, Warner Bros. demanded a particular subscriber be disconnected for illegally sharing the movie "Harry Potter ( news - web sites) and the Sorcerer's Stone." But the computer file identified by Warner Bros. in its letter indicated that it wasn't the "Harry Potter" movie but a child's written book report.
Another letter, to Internet provider UUNet, wanted a subscriber cut off because they were sharing songs by former Beatle George Harrison. But some files were not songs at all. One was an interview with Harrison, and another was a 1947 photograph of a "Mrs. Harrison."
"In all other cases where we use a subpoena process, it is subject to judicial supervision and control," Verizon's Deutsch said, adding that the DMCA does not provide for any penalty for misusing subpoenas.
The Verizon subscriber at the center of this process was sharing thousands of songs on the Kazaa network, including some by Beck, Billy Joel and Janet Jackson. According to the Internet address cited in court records, the person is located in the Pittsburgh area. But the person may be oblivious to the fact that he or she is in the center of a controversy between the giant companies.
"Our general policy is to inform a user when we receive a subpoena," Deutsch said. "Since in our view this isn't valid, we haven't gotten the consumer involved in the debate." A potential shock awaits that individual.
For more on this story see here, here, and here.
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