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Internet Access Providers Aren't Bound by DMCA Unmasking Subpoenas–In Re Cox
The DMCA online safe harbor is a notice-and-takedown scheme. Web hosts aren’t liable for copyright-infringing third-party uploads unless and until the copyright owner submits a proper takedown notice to the host, at which point the web host can remain legally...
In this case, a copyright owner requested and obtained (just by asking the court clerk) a 512(h) subpoena to unmask 29 Cox users who allegedly participated in the infringement of the movie Fall. One user did object to the 512(h) subpoena in court (he claims any alleged infringement was because he left his wi-fi router open without password protection), and that leads to this Ninth Circuit opinion. The copyright owner tendered an “expert” report that IAPs can disable access to targeted items using destination null routing and port blocking.
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