The judge hearing the landmark case between the Recording Industry Association of America and US ISP Verizon has said the law governing the trading of music files over the internet is unclear. The RIAA want Verizon to release the contact details of one of their users who is illegally swapping large amounts of copyright music. Verizon claim that according to current law they only have to act if the pirated tracks are stored in a website on their servers. But the record companies claim that, although this particular user does not have a website containing copyright music, s/he uses Verizon’s internet access to email pirated tracks, so Verizon are, in fact, liable.
District Judge John D Bates said there were ambiguities in the Digital Millennium Copyright Act. “Congress could have made this statute clearer," he said, "this statute is not organised as being consistent with the argument for either side." He went on to say he would, nevertheless, try to make a quick ruling on the case, though lawyers on both sides could not estimate when a decision might arrive.
Analysts say the judge's ruling, when it comes, could determine how much help record labels can expect from internet service providers as they try to stop online song-swapping.