The RIAA has been trying for years to counter the phenomenon of file-sharing, where users distribute and download copyrighted music over P2P services such as Kazaa. After suffering several legal setbacks in actions against the service providers, the RIAA turned its attention to individual file-swappers in June last year.
Since then it has served a flood of subpoenas under the controversial US Digital Millennium Copyright Act (DMCA), ordering ISPs to identify targeted individuals. Under the DMCA, where a subpoena is served, ISPs must provide copyright holders with this information when there is reason to believe copyrights are being infringed.
Armed with these details the RIAA can then sue, which it began doing in September 2003 with the filing of 261 lawsuits.
Further subpoenas and further lawsuits followed, only to be halted in December when an appeals court ruled that the ISP Verizon should not be forced to reveal the identity of a customer accused of internet piracy for using file-sharing, or P2P services.
In effect the court said that the DMCA could not be used to issue subpoenas in this case, because the allegedly infringing files reside on a home PC and not on Verizon's servers. The DMCA did not apply.
The RIAA is still able to sue file-sharers, but now has to obtain court-approved subpoenas, which can then be served on ISPs. The change means that file-sharers will be able to challenge the subpoenas before their identities are revealed.
The 532 "John Doe" suits filed yesterday are, in effect, subpoena requests and if granted will instruct the ISPs named in the suits to reveal the identities of the customer behind specified Internet Protocol addresses (their numerical computer address).
"Our campaign against illegal file sharers is not missing a beat," said Cary Sherman, RIAA President.
"The message to illegal file sharers should be as clear as ever – we can and will continue to bring lawsuits on a regular basis against those who illegally distribute copyrighted music."
Sherman added:
"The 'John Doe' legal process is a well-established mechanism for aggrieved parties to enforce their rights. The process by which we obtain the identity of defendants has changed, but the enforcement program has not."
The RIAA stressed that because of the nature of the "John Doe" litigation process, the group would no longer be able to pre-notify illegal file sharers and give them an opportunity to settle in advance of the formal filing of the lawsuit. To date, according to Reuters, the RIAA has settled 233 of the 382 lawsuits filed. Most of these have settled for around $3,000.
Nonetheless, Sherman said the recording industry wants to go "the extra mile" to develop a variation of the program that has so far been successful. After learning the identity of an illegal file sharer through a "John Doe" lawsuit, but prior to amending the complaint to reflect the infringer's name and address, the RIAA would offer the opportunity to settle the case before proceeding further with the litigation.