Intellectual Property Law

AT&T, Comcast Deny RIAA 'Three-Strikes' Participation

By Ryan Singel, Kevin Poulsen, Sarah Lai Stirland, Kim Zetter, and David Kravets

Comcast and AT&T on Wednesday emphatically denied participation in a Recording Industry Association of America anti-piracy crackdown that involves terminating internet access to repeat copyright scofflaws.

The denials came in response to a host of published reports saying the two ISPs signed on to an RIAA proposal requiring ISPs to terminate internet service to customers the record labels detect file sharing copyrighted works at least three times.

The denials underscore how skittish the ISPs are when it comes to public perception that they might be in bed with the RIAA. And the ISPs don't want to lose customers during harsh economic times as they undercut prices.

That said, ISPs have the power to terminate internet access of copyright scofflaws under their terms of service agreements, so their failure to publicly embrace of the RIAA plan might be of little consequence.

Days ago, for example, AT&T began forwarding copyright infringement notices to customers the RIAA suspected of copyright infringement. The notice includes a cover letter from AT&T warning that internet access could be cut off for violating AT&T's user agreement.

"You should be aware: It's in your terms of service that it's a violation to persist in infringing activity," AT&T spokesman Michael Balmoris said in a telephone interview. Still, Balmoris added: "We are not suspending or terminating our customers. We are not testing a three-strikes plan."

Charlie Douglas, a Comcast spokesman, echoed Balmoris.

"Comcast, like other major ISPs, forwards notices of alleged infringement that we receive from music, movie, videogame and other content owners to our customers," Douglas said in a statement. "This is the same process we've had in place for years ? nothing has changed. While we have always supported copyright holders in their efforts to reduce piracy under the Digital Millennium Copyright Act (DMCA), and continue to do so, we have no plans to test a so-called 'three-strikes-and-you're-out' policy."

The recording industry's three-strikes plan was unveiled late last year, and is designed to replace its litigation campaign that has ensnared more than 30,000 individuals on allegations of file sharing.

"The process continues to be fluid and ongoing. We continue to work with ISPs in a productive manner," Cara Duckworth, an RIAA spokeswoman, said in a telephone interview.

Cox Communications apparently is the only ISP to acknowledge a three-strikes plan.

The three-strikes plan is having more success overseas.

Eircom Group, the largest telco in Ireland, agreed in January to terminate repeat copyright offenders. In June, the French cabinet approved legislation mandating a similar program where third-time offenders lose service for at least a year, a plan that Italy is also considering.

New Zealand lawmakers, however, scrapped a three-strikes proposal on Monday.

Wired.com concluded last week that the RIAA's proposal was among the largest threats to internet freedoms. The RIAA, however, maintains the plan is designed to get people to stop illegal file sharing before internet access is cut off.

See Also:

• Top Internet Providers Cool to RIAA 3-Strikes Plan
• ISP Agrees to Ban Copyright Scofflaws
• Leaner RIAA Still Moving to Terminate Online Access of Copyright ...
• Pirate Bay Trial Ends; Verdict Due April 17
• File Sharing Lawsuits at a Crossroads, After 5 Years of RIAA ...
• Analysis: RIAA Strategy Shift Mired in Murky Legal Waters

Full post as published by Threat Level on March 25, 2009 (boomark / email).