512(h) DMCA Subpoena – Legislative History in Support of Statutory Construction
The other day I briefly overviewed the trials and tribulations related to seeking a § 512(h) DMCA subpoena. Courts, including with respect to my own request, routinely interject legal precedent related to Rule 45 discovery request to that of a subpoena request pursuant to § 512(h). This then results in a misconstruction of § 512(h), and leaves copyright owners with poor clarity with respect to the overall subpoena process.
To clarify the meaning of the subsection, a brief look at the legislative history may be useful.