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US Judge Rules On Unmasking Of File Swappers

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

29 July 2004

Ruling in New York on Monday, US District Judge Denny Chin announced that broadband provider Cablevision must disclose the identity of those subscribers who have accessed peer-to-peer file sharing networks via its service.

Although Judge Chin stated that file swapping "qualifies as speech" in certain regards, he argued that the evidence provided by the record industry is sufficient to prove that it does not warrant First Amendment protection, and that the Recording Industry Association of America (RIAA) could therefore compel "disclosure of the (John) Doe defendants' identities".

This is the latest in a series of actions brought by the RIAA in an attempt to discover the identities of file sharers. The ruling is likely to receive great scrutiny from both sides of the file-sharing divide, as it is the most detailed proclamation on the matter so far.

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