MusicDish e-Journal - September 23, 2018
MusicDish Advertising Network
» HOME » INSIDER SCOOP » CAREER TIPS » MUSIC SPOTLIGHT » MUSICDISH*CHINA
» INDUSTRY INTERVIEWS » NEWS BEAT » DIGITAL SKOOL » OPEN REVIEW » MUSICDISH EDELWEISS
Search MusicDish e-Journal (Advanced)
Subscribe To MusicDish e-Journal
About | Contact | Advertise | RSS | Submit Article | Submit News | Artist Development | Premium PR Distribution
Mi2N | MusicDish*China | MusicDish Network | MusicDishTV | Urban Music News Network

You Really Can't Trust the Telephone Company
By Eric de Fontenay (Founder & Publisher)
(more articles from this author)
2003-01-23
Comment | Email | Print | RSS

While looking at the RIAA/Verizon dispute over the disclosure of private information of an alleged file sharer, I was reminded of a similar case some 40 years ago involving the then Bell Atlantic. The telephone company, which had terminated service to parties it suspected were using its telephone lines for a sports betting operation, was rebuked by the court which ordered the telco to reestablish service. It ends up that the 'common carrier' role it played prevented it, not only from terminating the service, but even from monitoring what went through its network except for operational reasons.

Common carriage has its roots in British Common Law and was assigned to establishments recognized by the Crown such as ferries, inns,... that were given a monopoly in return for the obligation to serve all comers at a set level of quality. Intrinsic to the concept is that the provider is solely a carrier and must exert no prejudice towards the 'objects' carried, whether they be people, packages, or in the case of Bell Atlantic, telephone communication. As such, the message being delivered by the court 40 years ago was clear: law enforcement is the job of the appropriate government bodies, not the telephone company.

This is in stark contrast to the position Verizon now finds itself after Judge John Bates' decision in favor of the RIAA's subpoena request for the infringer's private subscriber information. Beyond the issue of whether it is appropriate for the RIAA to be issuing subpoenas without prior due process through the courts, what makes the decision particularly interesting is that the infringing material does not even reside on Verizon's network but on the infringer's hard drive. The actual infringing act to which Verizon might be connected is in fact that of other file sharers using its network (among others) to access the illegal files and download them unto their own hard drives. As noted by the company's VP & associate general counsel Sarah B. Deutsch, the decision, if it survives appeal, is likely to have "a chilling effect on private communications, such as e-mail, surfing the Internet or the sending of files between private parties."

Related News from Mi2N:
» Federal Court's Decision Means Less Privacy For Consumers
» Judge Rules In RIAA's Favor In Verizon Dispute


Home » News Beat » You Really Can't Trust the Telephone Company
Permalink:http://www.musicdish.com/mag/?id=7437
Email |Print |Comment |RSS

back | top


MusicDish Advertising Network

News Beat

» indieOn Connects Music to the Blockchain

» 13 Music Label Sold to MTN

» Darcus Beese Named President Of Island Records

» ASCAP Revenues Top $1.144 Billion In 2017

» BMG Appoints New Creative Directors In Nashville

News Beat Directory



» [2018-09-16] Live Nation Electronic Asia Inks Deal With Budweiser For Creamfields Festivals; Together, Creamfields And Budweiser Will Focus On Building Entirely New Content For Dedicated Electronic Music Fans Throughout Asia

» [2018-08-23] Andy Ma Appointed Warner Music China CEO; Andy Ma Has Also Been Appointed EVP, Commercial And Business Development For Greater China

» [2018-08-23] IndieOn Connects Music To The Blockchain; IndieOn Is Confident Of Creating A "music Miner" Who Listens More And Grow Their Token Value

» [2018-06-23] The 2018 MIDEM Silk Road International Music Alliance Signing; International Music Industries Signing Of A Mutual Resource Sharing Agreement With Shanghai Conservatory Of Music & The China Records Group

» [2018-06-06] Screen Music Connect To Explore The Music Of Film, Television And Interactive Media; Created By James Hannigan, Award-winning Composer And Game Music Connect Co-founder, Screen Music Connect Builds On The Success Of The Sold-out Game Music Conferences

» [2018-06-05] Fred Casimir To Develop BMG's Global Recordings Business; As Well As Building BMG's European Infrastructure, Casimir Was Instrumental In Developing BMG's Recordings Business

» [2018-06-03] 13 Music Label Sold To MTN; DSN Music Spins Off Record Label To Albuquerque Music Entrepreneur's New Group

» [2018-06-02] CISAC 2018 Annual Report; A Comprehensive Overview Of The Confederation's Work To Serve 4 Million Creators And 239 Authors Societies Across The World

» [2018-06-02] MusicDish Announces A Love Electric 2018 China Tour; The Tour Will Crisscross Through China With 12 Shows In 8 Cities, Including Guangzhou, Dongguan, Zhuhai, Shenzhen, Kunming, Jiaxin, Wuhan And Beijing

» [2018-06-02] Darcus Beese Named President Of Island Records; Renowned U.K. Music Executive To Join Universal Music Group's U.S. Label Leadership

» [2018-05-17] Avant-Garde Label Maybe Noise Launches In Beijing; The Official Launch Will Be On May 26 At Magnet Theater With A Performance Supporting Its First Vinyl Release: Píng Zč

» [2018-05-04] Award-Winning Lithuanian Rock Band Colours Of Bubbles "She Is The Darkness" 2018 China Tour; The Tour Will Kickoff In Shanghai Where The Band Will Represent Lithuania During The Country's Signing To The Silk Road Music Alliance
MusicDish Advertising Network

follow MusicDish on
Follow MusicDish on Twitter

Mi2N Music PR

Royale - Playground (Single)

Make A Wish With Catherine Duc's 'Stargazing' Remix Of Ben Hobbs' 'Blind To You'

Asian Pop Queen Celest Releases Debut English Single/Video "I Got Him"

Cinq Music Partners With Janet Jackson For First Independent Release On Her Rhythm Nation Records

Rick Vines Debut Release "So Happy!"

IES 18 Explodes With WARPED Kevin Lyman’s 1st Appearance After 24 Year Run

OcnSide Releases Summery Indie-Pop Single “Taking Me Over”



Websites: Mi2N | MusicDish*China | MusicDish Network | MusicDishTV | Urban Music News Network
Services: Submit Article | Submit News | Submit Video | Artist Development | Premium PR Distribution

Copyright © 1997-2018 MusicDish LLC., all rights reserved.
About MusicDish e-Journal | Contact Us | Advertise | RSS | Internships