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RIAA Loses DMCA Subpoena Case Against Charter
BrynM writes "According to an opinion published today (PDF), the RIAA has lost its case against Charter Communications regarding subpoenas for the cable ISP's users to be identified for copyright infringement in the Eastern District of Missouri. You may remember that Charter Communications filed a motion to block the RIAA's subpoena back in late 2003. Now Charter has prevailed. Here's the blurb from the Court 'Civil case - Digital Millennium Copyright Act. District court erred in issuing subpoenas on internet providers to obtain personal information about the providers' subscribers who were alleged to be transmitting copyrighted works via the internet through peer-to-peer programs; the internet providers' function was limited to acting as a conduit for the allegedly copyrighted material, and Section 512(h) of the Act does not authorize subpoenas in such circumstances; case remanded with directions. Dissent by Judge Murphy. [PUBLISHED] [Bye, Author, with Murphy and Bright, Circuit Judges]'"
"A win for the American Public's Rights."Which rights would those be? Last I checked the Bill o' Rights nor the Constitution had anything in it about the right to pirate music, movies and software. For years people have been screaming that copyright holders shold go after the ofenders and not the ISPs etc, now that they do it these same people seem to be screaming just as loud.
"Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
The vast majority of the general public doesn not care about the DMCA and Congress has been bought and paid for by the entertainment industry. What will come out of this ruling is that "Section 512(h) of the Act does not authorize subpoenas in such circumstances" will be ammended tout de suite.