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RIAA Loses DMCA Subpoena Case Against Charter

Posted by timothy on from the sorry-fellas dept.

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]'"

6 of 372 comments (clear)

  1. Lucky to be in the USA by Anonymous Coward · · Score: -1, Troll
    You are very lucky to be in the USA. If you were in China, then your privacy would be sold to the highest bidder or the Chinese Intelligence agencies.

    The problem is not Chinese laws. The problem is Chinese culture. A Chinese does not care about privacy for anyone except himself.

    Notice the lack of Chinese immigrants in the membership of the American Civil Liberties Union or Amnesty International. You tell me what is "going down" here.

  2. KILL ALL MUSLIMS AND ARABS by Anonymous Coward · · Score: -1, Troll

    If you ever see any muslims or arabs in america, do your country a favor and shoot to kill! None of them are innocent!

    *wishes for more tsunamis to occur*

    1. Re:KILL ALL MUSLIMS AND ARABS by Anonymous Coward · · Score: -1, Troll

      whoever modded me a troll is a damn towelhead and i wish those arabs would all die

  3. Score one freedom. Score zero DMCA. by Brandon+One · · Score: -1, Troll

    Now I guess they will just be using the USA PATRIOT Act to go after copyright infringers. Labeling them as enemy combatants. And sending them to Guantanamo Bay Cuba for secret military trials. And some people thought civil libertarians were just crying wolf.

  4. Re:U.S. Constitution: Fourth Amendment by JamieF · · Score: 0, Troll

    The fourth amendment doesn't grant individuals the right to commit crimes anonymously.

  5. Re:Alright! by Anonymous Coward · · Score: -1, Troll

    your right

    "you're".

    the constitution nor the bill of rights don't say anything

    "The Constitution and the Bill of Rights don't say anything" or "Neither the Constitution nor the Bill of Rights say anything".

    since you brought up the constitution

    "Constitution" (capitalized).

    one thing it does say, is that copyright is to last *17* years.

    No, it says that it is to last for a "limited time".

    is the *PEOPLES* main benefit

    "<b>people's</b>".

    much worse then stealing

    "than".

    copied a cd to a tape
    have a cd player
    converted a cd

    "CD" (upper-case).

    CD's, DVD's,

    "CDs, DVDs".