By PETER HUSSMANN
Two Internet service providers with broad customer bases in Iowa have been subpoenaed by a California-based company to turn over the identities of individuals alleged to have infringed upon music copyright laws, information the companies have so far yet to provide.
Windstream Corporation and Mediacom have been issued subpoenas in federal court in Chicago by Santa Monica-based Rightscorp, Inc., demanding the companies turn over the name, address, telephone number and e-mail address "sufficient to identify the alleged infringers of copyrighted sound recordings, identified by IP addresses" on more than 2,700 pages of exhibits.
Rightscorp is taking a new tack in efforts to crackdown on illicit music downloads. Instead of seeking massive judgments against a minimum number of individuals to deter such action, the company is offering to settle the alleged infringements of behalf of the copyright holder for just $10. The company is generating huge numbers of alleged instances of copyright infringement through automated trolling processes and then asking Internet Service Providers to forward the notices of unauthorized use along.
While Rightscorp. claims that most Internet Service Providers are complying with their requests to forward the notices of infringement along, Windstream and Mediacom have so far balked.
Windstream was issued a subpoena in early June with the court docket indicating no movement since the service. Mediacom was served a subpoena earlier this month. The exhibit attached to the Windstream subpoena seeking the identification of specific IP address holders is 608 pages long, with Mediacom's extending to 2,093 pages. Each notice of alleged infringement takes up about two pages.
Following is an example of a notice the companies are being asked to forward to their customers:
"Re: Unauthorized Use of Copyrights owned Exclusively by Tomato Records LLC
Dear Sir or Madam:
Your ISP has forwarded you this notice.
This is not spam.
Your ISP account has been used to download, upload or offer for upload copyrighted content in a manner that infringes on the rights of the copyright owner.
Your ISP service could be suspended if this matter is not resolved.
You could be liable for up to $150,000 per infringement in civil penalties.
The file 01 Boom Boom.m4a was infringed upon by a computer at IP Address 98.19.159.29 on 2011-03-22 02:12:09.
We represent the copyright owner.
This notice is an offer of settlement.
If you click on the link below and login to the Rightscorp, Inc. automated settlement system, for $10.00 per infringement, you will receive a legal release from the copyright owner."
The notice goes on to state that Rightscorp is the exclusive owner of copyrights for the specific musical compositions. The recipient of the notice is ordered to "cease and desist the unauthorized copying" of the material with assurances that the copyright holder is ready to pursue "every remedy available" to ensure compliance.
However, it appears Rightscorp really has no intention of entering into litigation. While the copyright holder is "entitled to monetary damages," the holder "believes that it may be expeditious to settle this matter without the need of costly and time-consuming litigation."
"In order to help you avoid further legal action ..., we have been authorized to offer a settlement solution that we believe is reasonable for everyone," the $10 settlement offer from Rightscorp concludes.
Windstream and Mediacom officials have yet to formally respond to requests seeking comment.
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