The Ninth Circuit upheld a critical limitation on Digital Millennium Copyright Act (DMCA) subpoenas, addressing concerns of misuse. The DMCA provides copyright holders with tools to combat online infringement, including a notice and takedown regime and a mechanism for unmasking anonymous infringers through Section 512(h). However, this system is prone to abuse by copyright trolls, competing with individual rights. The existing limitations on Section 512(h) ensure protections for users' right to anonymous speech, preventing overly broad and unwarranted access to personal information by copyright holders.
The Ninth Circuit upheld an important limitation on Digital Millennium Copyright Act (DMCA) subpoenas that other federal courts have recognized for more than two decades.
Section 512 of the DMCA creates 'safe harbors' that protect service providers from liability, allowing copyright holders to censor allegedly infringing content easily.
Section 512(h) allows copyright holders to obtain a judicial subpoena to unmask the identities of allegedly infringing anonymous internet users, potentially leading to misuse.
The limitations of Section 512(h) serve to protect individuals' rights to anonymous speech from being overridden by copyright holders without a judge's permission.
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