Forum: MarketPlace Customers


Subject: Confused about pirated products sold on the 'sity.

pdxjims opened this issue on Jul 08, 2003 ยท 48 posts


cooler posted Wed, 09 July 2003 at 7:39 AM

ookami,

the procedure for obtaining a subpoena under the DMCA is hardly as easy as your link makes it out to be. You have to provide a federal district Clerk of Courts with a valid DMCA claim of infringement (sworn to under penalty of perjury) for a specific incident of claimed infringement. This must be identical to the claim originally filed with the online provider. Additionally you must provide the clerk with a properly filled out subpoena request & a sworn statement that the information requested will only be used for the purpose of correcting the infringing situation. The clerk then must review the request & accompanying information &, if everything is in order, can issue the subpoena.

This from the text of the DMCA....

"`(1) REQUEST- A copyright owner or a person authorized to act on the owner's behalf may request the clerk of any United States district court to issue a subpoena to a service provider for identification of an alleged infringer in accordance with this subsection.

`(2) CONTENTS OF REQUEST- The request may be made by filing with the clerk--

`(A) a copy of a notification described in subsection (c)(3)(A);

`(B) a proposed subpoena; and

`(C) a sworn declaration to the effect that the purpose for which the subpoena is sought is to obtain the identity of an alleged infringer and that such information will only be used for the purpose of protecting rights under this title.

`(3) CONTENTS OF SUBPOENA- The subpoena shall authorize and order the service provider receiving the notification and the subpoena to expeditiously disclose to the copyright owner or person authorized by the copyright owner information sufficient to identify the alleged infringer of the material described in the notification to the extent such information is available to the service provider.

`(4) BASIS FOR GRANTING SUBPOENA- If the notification filed satisfies the provisions of subsection (c)(3)(A), the proposed subpoena is in proper form, and the accompanying declaration is properly executed, the clerk shall expeditiously issue and sign the proposed subpoena and return it to the requester for delivery to the service provider.