Court of Appeals: DMCA Subpoena Shortcut to Unmask Pirates Remains Closed * TorrentFreak
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A court of appeals in the U.S. has confirmed that copyright holders can't use a "DMCA subpoena shortcut" to identify suspected pirates.
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The U.S. Court of Appeals for the Ninth Circuit has confirmed that copyright holders can’t use a “DMCA subpoena shortcut” to identify internet subscribers suspected of copyright infringement. The Court sides with ISP Cox Communications, which intervened in the matter. The ruling blocks a legal tactic filmmakers have used to bypass the traditional, more expensive “John Doe” lawsuits. At the same time, it’s also bad news for the MPA and RIAA.

  • refaloEnglish
    2·
    17 days ago

    I think it’s worth mentioning that this only applies to unmasking an ISP’s customers, not individual website/social media users.

    In common with the opposition that ruled out the use of DMCA subpoenas in the early RIAA case, the ISP argued that these subpoenas don’t apply to mere conduit providers, as defined under § 512(a) of the DMCA.

    The Hawaii District Court agreed with Cox’s reasoning last year and quashed the subpoena. The ruling concluded that DMCA subpoenas typically don’t apply to DMCA §512(a) services, but do apply to other providers that store or link to infringing content directly.