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Second US Appeals Court Rules Against RIAA

by Glen Shapiro, LawAndTax-News.com, New York

07 January 2005

Ruling on Tuesday, the US Circuit Court of Appeals for the Eighth Circuit in St Louis supported a similar appeals court ruling issued in December, arguing that the Recording Industry Association of America (RIAA) does not have the right to force internet service providers to reveal the names of clients who use peer-to-peer file sharing services.

According to reports, the Missouri appeals court this week ruled 2-1 in favour of ISP Charter Communications Inc., stating that the firm is not responsible for the file sharing activities of its customers, and cannot be compelled to name them under the terms of the Digital Millenium Copyright Act.

The Associated Press revealed that two of the three judges hearing the case stated that Charter was "confined to acting as a conduit in the transfer of files through its network".

However, the RIAA appears unphased by the second such ruling against it in as many months, and announced on Tuesday that: "Our enforcement efforts won't miss a beat."

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