Recording Industry Association of America, Inc. v. Verizon Internet Service, Inc.

Individuals around the United States were able to share digital .mp3 music files with each other using their personal computers, an Internet connection, and peer-to-peer (P2P) computer programs, of which there were various kinds. The latest generation of P2P file-sharing programs allowed an Internet user to directly search the .mp3 file libraries of other users without resort to a hosting website, as had been used in the past. The unauthorized sharing of music files violated the rights of copyright owners but was difficult to stop. The Recording Industry Association of America, Inc. (RIAA) (plaintiff), as an agent of copyright owners, began issuing subpoenas under provisions of the Digital Millennium Copyright Act (DMCA) to Internet service providers (ISPs). The RIAA could identify the Internet Protocol (IP) addresses of alleged copyright infringers and sought to obtain subscribers’ names and addresses associated with the IP addresses. The RIAA served two subpoenas, issued under 17 U.S.C. § 512(h), on Verizon Internet Service, Inc. (Verizon) (defendant), to obtain the identities of alleged infringers of copyrights. The RIAA also requested Verizon’s assistance in removing or disabling access to the infringing sound files. Verizon refused to comply with the subpoenas, arguing that it was an ISP acting merely as a conduit for individuals using a P2P file-sharing program. In district court, the RIAA moved to compel Verizon’s production of the subscribers’ identities, while Verizon moved to quash one subpoena. The district court ordered Verizon to comply with the subpoenas and denied the motion to quash. Verizon appealed.