| Quentin |
09-23-2010 11:12 AM |
Quote:
Originally Posted by Roald
(Post 17530504)
Entertaining thread.
Question, the Jon does they are going after how do they get their personal info? Has there been an ISP yet who gave in on that?
|
Yes, ISPs have provided information on users who have allegedly uploaded infringing materials. Under the DMCA, once served with a proper subpoena, the ISP has no real choice other than to fork over any identifying information that they have on such users.
Here's the text of the relevant section of code (which is 17 USC §512(h), for those keeping score at home):
Quote:
(h) Subpoena to Identify Infringer.?
(1) Request. ? 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.
(2) Contents of request ? The request may be made by filing with the clerk ?
(A) a copy of a notification described in subsection (c)(3)(A);
(B) a proposed subpoena; and
(C) a sworn declaration to the effect that the purpose for which the subpoena is sought is to obtain the identity of an alleged infringer and that such information will only be used for the purpose of protecting rights under this title.
(3) Contents of subpoena. ? The subpoena shall authorize and order the service provider receiving the notification and the subpoena to expeditiously disclose to the copyright owner or person authorized by the copyright owner information sufficient to identify the alleged infringer of the material described in the notification to the extent such information is available to the service provider.
(4) Basis for granting subpoena. ? If the notification filed satisfies the provisions of subsection (c)(3)(A), the proposed subpoena is in proper form, and the accompanying declaration is properly executed, the clerk shall expeditiously issue and sign the proposed subpoena and return it to the requester for delivery to the service provider.
(5) Actions of service provider receiving subpoena. ? Upon receipt of the issued subpoena, either accompanying or subsequent to the receipt of a notification described in subsection (c)(3)(A), the service provider shall expeditiously disclose to the copyright owner or person authorized by the copyright owner the information required by the subpoena, notwithstanding any other provision of law and regardless of whether the service provider responds to the notification.
(6) Rules applicable to subpoena. ? Unless otherwise provided by this section or by applicable rules of the court, the procedure for issuance and delivery of the subpoena, and the remedies for noncompliance with the subpoena, shall be governed to the greatest extent practicable by those provisions of the Federal Rules of Civil Procedure governing the issuance, service, and enforcement of a subpoena duces tecum.
|
To not respond to such a subpoena would probably not be the best business decision an ISP can make. The courts usually aren't particularly amused by that sort of thing. |
