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.”
Recent Posts
- Ninth Circuit Says Copyright Owner Can’t Subpoena Cox for Names of Users Showing Pirated Film
- Other Barks & Bites for Friday, August 15: Korean Supreme Court Sides with Pinkfong in ‘Baby Shark’ Case; Ninth Circuit Says DTSA Claims Rarely Dismissible as Discovery Sanctions; and Trump Administration Mulls Investment Stake in Intel
- CAFC Faults Delaware District Court for Allowing Jury to Decide Issue of Claim Construction
- Hoverboard Design Patent Owner Falls Flat at CAFC
- CAFC Vacates Non-Infringement Ruling for Apple Due to District Court Error in Striking Expert Opinion