The RIAA could use the names as the basis for lawsuits, but the defendants might be able to argue that their names were obtained through subpoenas now ruled unlawful.
"That one could keep lawyers happy for a long time," said Peter P. Swire, an Ohio State University law professor who helped Verizon with its case.
_____On The Web_____
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Ruling: U.S. Court of Appeals for the District of Columbia Decision on RIAA vs. Verizon (Dec 19, 2003)
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_____Related Coverage_____
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Verizon, Record Companies Duel Over 'Net Piracy (washingtonpost.com, Sep 16, 2003)
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File-Sharing Companies Offer to Pay Girl's Settlement (The Washington Post, Sep 11, 2003)
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RIAA Ties Child Porn to File-Sharing Sites (washingtonpost.com, Sep 10, 2003)
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RIAA's Lawsuits Meet Surprised Targets (The Washington Post, Sep 10, 2003)
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Music Industry Sues Online Song Swappers (The Washington Post, Sep 9, 2003)
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New RIAA Chief Seeks a Hit Single (washingtonpost.com, Sep 5, 2003)
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But legal experts said that those who had already settled were unlikely to be able to recoup any payments to the RIAA. And Sherman warned against anyone trying.
"If anybody tried to claim that somehow a settlement or pending litigation is somehow tainted by the process by which their name was provided, it would simply encourage us to file a new lawsuit and get exactly the same information in another way," Sherman said. "At that point, the settlement figure would be that much higher because of additional legal expenses."
Still, Tim Davis, a New York artist and a lecturer at Yale University, said he intends to try.
Davis was one of the first song swappers targeted by the RIAA, and settled for $7,000 on the advice of his lawyers.
"I would do anything it takes to get the money back," said Davis, who said he downloaded only 300 songs. "My hope is there could be a class-action suit of the people who did settle."
The ruling comes as legal alternatives to file sharing are gaining ground. Apple Computer Inc.'s iTunes, the top-selling legal online music store, announced this week it had sold 25 million songs since its rollout in April.
Similar services have sprung up in iTunes's wake, while use of file sharing appears to be dropping.
