512(h) DMCA Subpoena

Recently I took a dive into the murky waters associated with a “DMCA subpoena” or a subpoena pursuant to 17 U.S.C. § 512(h), only to end up in the same spot I started from: nowhere.  My ordeal may be viewed in PACER under 15-mc-00654.

This particular case is related to a Facebook User ID involved with an (alleged) act of infringement against a photographer client and his copyright material.  Though the Page associated with, and presumably “owned by”, the User ID provides contact information associated with a related entity, all attempts to contact the entity were to no avail.

As a result, my Client was forced to consider alternative options to determine the identity of the alleged infringer associated with the Page/User ID, leading to the unenviable task of trying to sort out how to obtain infringer information pursuant to a DMCA subpoena.