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Monday, March 01, 2004
Hollywoodreporter.com
DMCA No Friend-Of-The-Court: "WASHINGTON -- The federal government isn't giving up on the hope that the expedited subpoena powers in the Digital Millennium Copyright Act are legal despite the opposite ruling by the appellate court here. In a 'friend-of-the-court' brief filed in St. Louis in the RIAA's case against Charter Communications, the Department of Justice strongly backed the recording industry's argument that the DMCA subpoenas are a legitimate legal tool. In its brief, the DOJ told the appeals court there that the 'D.C. circuit was wrong.' In its December opinion, the court here dismissed one of the RIAA's key arguments that the subpoenas were legal even if the P2P technology wasn't invented when the DMCA was approved. The subpoenas were issued by a court clerk without a judge's ruling."
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