A federal appeals court ruled Friday the recording industry can’t force Internet providers to identify subscribers swapping music online, dramatically setting back the industry’s anti-piracy campaign.
The three-judge panel from the U.S. Court of Appeals for the District of Columbia overturned a trial judge’s decision to enforce copyright subpoenas used by the recording industry. The subpoena power was established by a law passed before the explosive growth of swapping music online.
The ruling does not make it legal to distribute copyrighted music over the Internet, but it removes one of the most effective tools used by the recording industry to track such activity and sue downloaders.
The appeals court said the 1998 copyright law doesn’t cover popular file-sharing networks used by tens of millions of Americans to download songs. The law “betrays no awareness whatsoever that Internet users might be able directly to exchange files containing copyrighted works,” the court wrote.
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