IN RE CHARTER COMMUNICATIONS, INC.

No. 03-3802.

393 F.3d 771 (2005)

In re: CHARTER COMMUNICATIONS, INC., SUBPOENA ENFORCEMENT MATTER The Recording Industry Association Of America, Appellee, United States of America, Intervenor on Appeal, v. Charter communications, inc., Appellant. Consumer And Privacy Groups; SBC Internet Services; Verizon Internet Services, Incorporated; Bellsouth Telecommunications; United States Internet Service Providers Association; United States Internet Industry Association; Progressive Internet Action; Frontier Communications of America, Incorporated; Southern Star; Amici on behalf of Appellant. Motion Picture Association Of America, Incorporated; Association of American Publishers; Association for Independent Music; American Federation of Musicians of the United States and Canada; AFMA; American Federation of Television and Radio Artists; American Society of Media Photographers; the Authors Guild, Incorporated; Broadcast Music, Incorporated; Business Software Alliance; The Church Music Publishers Association; Directors Guild of America, Incorporated; Entertainment Software Association; Graphic Artists Guild, Incorporated; Office of the Commissioner of Baseball; Professional Photographers of America; Recording Artists Coalition; Screen Actors Guild, Incorporated; SESAC, Inc.; Songwriters Guild of America; Software & Information Industry Association; Writers Guild of America, West, Incorporated, Amici on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 4, 2005.


Attorney(s) appearing for the Case

David A. Roodman, Kenneth Lee Marshall, Bryan & Cave, St. Louis, MO, for Appellee.

Donald B. Verrilli, Jr., Thomas J. Perrelli, Jenner & Block, Stanley Pierre-Louis, Recording Industry Association of America, Paul Glist, John D. Seiver, K. C. Halm, Cole & Raywid, Alan E. Untereiner, Robbins & Russell, Washington, DC, James Walter Erwin, Mark Stephen Sableman, Stephen B. Higgins, Thompson & Coburn, St. Louis, MO, Christopher A. Hansen, Aden J. Fine, American Civil Liberties Union Foundation, New York, NY, for Appellants.

Before MURPHY, BYE, and BRIGHT, Circuit Judges.


BYE, Circuit Judge.

This case concerns whether the Digital Millennium Copyright Act (DMCA), specifically 17 U.S.C. § 512(h), permits copyright owners and their representatives to obtain and serve subpoenas on internet service providers (ISPs) to obtain personal information about an ISP's subscribers who are alleged to be transmitting copyrighted works via the internet using so-called "peer to peer" or "P2P" file sharing

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