The Ninth Circuit ruled that ISPs like Cox Communications are shielded from subpoenas under Section 512(h) of the DMCA if they act merely as a conduit without infringing material on their systems. Capstone Studios Corp. attempted to subpoena Cox for user identities regarding alleged piracy via BitTorrent. After one user objected, a district court acknowledged Cox's qualification for a safe harbor, highlighting that providing internet access did not implicate Cox in the infringement. This outcome emphasizes the protective measures for ISPs under current copyright law.
A copyright owner or a person authorized to act on the owner's behalf may request the clerk of any United States district court to issue a subpoena to a service provider for identification of an alleged infringer in accordance with this subsection.
Cox qualified for one of § 512's four safe harbors-17 U.S.C. § 512(a)-because Cox merely provided its users with an Internet connection and played no other role in the alleged infringement.
The U.S. Court of Appeals for the Ninth Circuit ruled Friday, August 15, that internet service providers (ISPs) who merely serve as a conduit for service are protected from subpoenas pursuant to Section 512(h) of the Digital Millennium Copyright Act.
Cox gave Capstone the information for the 28 other subscribers but a magistrate judge viewed the letter of objection as a motion to quash the subpoena and asked Capstone to respond.
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