MusicDish e-Journal - November 25, 2017
MusicDish Advertising Network
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)
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
Email |Print |Comment |RSS

back | top

MusicDish Advertising Network

News Beat

» Nordic & British Musicians' Unions' Joint Statement on Sexism in the Music Industry

» Women Make An Impact On The 2018 MPG Awards Shortlist

» Two-Sides of Copyright Finance: Sound Royalties & Kobalt

» Career Moves: ROLI, Live Nation Sweden, Music Glue, BBR Music Group, Warner/Chappell Music Spain & Blue Night Soundscapes

» Europe's Digital Music Leaders Form Alliance

News Beat Directory

» [2017-11-21] Joint Statement By The Nordic Musicians' Unions And British Musicians' Union; Discussions On The Issue Of Gender Inequality, Sexism And Sexual Harassment, The Scale Of Which Had Been Highlighted By The Recent #metoo Campaign

» [2017-11-13] Women Make An Impact On The 2018 MPG Awards Shortlist; Nearly A Quarter Of Those Named This Year Are Female, Proving That Music Production Is No Longer A Bastion For The Boys

» [2017-11-13] The Nashville Musicians Sound Healthcare Plan Rolls Out; Sound Healthcare & Financial Announced The Formation Of A True Group Health Insurance Policy Plan For Musicians And Industry Professionals

» [2017-11-09] Streaming & Listening Diversity - Spotify Case Study; Will Artists Have An Easier Time Finding An Audience, Or Will Streaming Focus Global Attention On A Small Number Of Stars?

» [2017-11-09] Two-Sides Of Copyright Finance: Sound Royalties & Kobalt; Sound Royalties Unearths Millions In Undistributed Royalties While Kobalt Launches Fund To Invest In Music Copyright

» [2017-11-08] Career Moves: ROLI, Live Nation Sweden, Music Glue, BBR Music Group, Warner/Chappell Music Spain & Blue Night Soundscapes; ROLI Chief Creative Officer, Live Nation Sweden Managing Directors, Music Glue Global Head Of Business Development, BBR Music Group VP Of International, Warner/Chappell Music Spain Managing Director And Blue Night Director Of Music Clearance

» [2017-11-08] Europe's Digital Music Leaders Form Alliance; European Digital Music Companies Launch Of Digital Music Europe

» [2017-11-05] Pandora Subscriber Base Grows To Over 5 Million; Pandora Premium Paid Subscribers Cross The 1 Million Milestone In October 2017

» [2017-11-05] Hybrid Studios Announces Online Mastering Services; Engineers Billy Klein And Brian Frederick Spearhead New Online Mastering Effort Through OC Studio

» [2017-11-05] Music Industry Betting On VR & AR For New Revenue; The Music Industry Is Making An Early Bet On VR & AR To Create New Revenue Streams Across All Their Lines Of Business

» [2017-11-04] Sound Royalties Unearths Millions In Undistributed Royalties; Nearly $14 Million In Undistributed Royalties Has Been Found By Music-focused Finance Firm Sound Royalties

» [2017-11-02] MusicDish*China October China Label Music Releases And Charts; Several Tracks From October Releases Have Charted On Chinese Music Portal Kanjian ING Top 10 Weekly Chart
MusicDish Advertising Network

follow MusicDish on
Follow MusicDish on Twitter

Mi2N Music PR

Hybrid Studios To Sponsor Unsigned Only 2018

Twice The Holiday Feel-Good Vibe From NYC Indie Rockers

LOVE MY COUNTRY! Is The Ultimate Compilation Series Featuring 20 Hot New Hits

Getting Restless

Your Favorite Color Releases "Heartache"

Melvin Alan Album "Wonderful Life"

Jean Louisa Kelly Presents A Personal Collection Of Songs From The American Standards And Musical Theater

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

Copyright © 1997-2017 MusicDish LLC., all rights reserved.
About MusicDish e-Journal | Contact Us | Advertise | RSS | Internships