Citation Edit

In re Charter Communications, Inc., Subpoena Enforcement Matter, 393 F.3d 771, 73 U.S.P.Q.2d (BNA) 1339 (8th Cir. 2005) (full-text).

Appellate Court Proceedings Edit

Following the reasoning in Recording Industry Association of America, Inc. v. Verizon Internet Services, Inc.,[1] the appellate court held that Section 512(h) of the DMCA did not authorize the issuance of a subpoena to Charter Communications (Charter) because Charter had been acting as a mere conduit for the transmission of information sent by others.

In dissent, Judge Diana Murphy protested that the decision would “block copyright holders from obtaining effective protection against infringement through conduit service providers.” [2]

References Edit

  1. 351 F.3d 1229 (D.C. Cir. 2003)(full-text), cert. denied, 543 U.S. 924 (2004).
  2. 393 F.3d at 778.

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