Summary
It's back to the drawing board for the Recording Industry Association of America, as the 8th U.S. Circuit Court of Appeals told the trade group on Tuesday to find another way to identify the estimated 93 Charter Communications customers allegedly responsible for downloading 100,000 copyrighted songs.
Adopting the December 2003 findings in RIAA v. Verizon Internet Services Inc., the 8th Circuit held that copyright owners cannot issue subpoenas under Section 512(h) of the Digital Millennium Copyright Act to Internet service providers acting as conduits to the alleged copyrighted material.See the full content of this document
Extract
8th U.S. Circuit Court Rules Against Music Industry's Appeal to Access Isp's Customer's Records
The United States Court of Appeals for the District of Columbia Circuit recently considered this identical issue in holding [Section] 512(h) only permits a copyright owner to obtain and serve a subpoena on an ISP for identifying information about an alleged infringer if the ISP is provided statutory notification under 17 U.S.C. [Section] 512(c)(3)(A), which in turn requires ...
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