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 the requirements of Section 512(h) of the Digital Millennium Copyright Act (DMCA) under one of that section’s four safe harbors.Capstone Studios Corp. sought to subpoena Cox Communications, Inc./ CoxCom LLC to obtain the identities of 29 users it claimed to be showing pirated copies of its movie, Fall via BitTorrent. One of the users objected and the United States District Court for the District of Hawaii held that “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.”

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