In Re DMCA Section 512(H) Subpoena to Borjan Solutions, S.L.

Filing 3

ORDER that 1 Request for Issuance of Subpoena is denied without prejudice. Signed by Magistrate Judge George Foley, Jr on 9/27/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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IN RE:

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DMCA SECTION 512(H)
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SUBPOENA TO BORJAN SOLUTIONS, S.L
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Case No. 2:16-cv-03006-JAD-GWF
ORDER

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This matter is before the Court on Movant AMA Multimedia, LLC’s Request for Issuance of
Subpoena (ECF No. 1), filed on December 23, 2016.
BACKGROUND
Movant requests an order issuing a subpoena to Borjan Solutions, S.L., an internet service

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provider, to identify alleged infringers pursuant to the Digital Millennium Copyright Act

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(“DMCA”), 17 U.S.C. § 512(h). The alleged infringers posted videos on systems operated by

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Borjan Solutions in violation of copyrights held by Movant. Movant represents that its predecessor

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in interest, SSC Group, LLC, entered into a settlement agreement with Borjan Solutions in which

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Borjan Solutions agreed to install a removal form on its website. On September 12, 15, and 16,

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2016, Movant submitted links through the removal form located on Borjan Solutions’s website.

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DISCUSSION
The DMCA provides a statutory scheme for copyright holders to notify internet service

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providers of the existence of allegedly copyrighted material on their servers. 17 U.S.C. § 512(c)(3).

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A “safe harbor” is provided to service providers who remove or disable access to allegedly

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infringing material following receipt of a DMCA notice. 17 U.S.C. § 512(c)(1). §512(h) of the

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DMCA provides that “a copyright owner or person authorized to act on the owner’s behalf may

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request the clerk of any United States district court to issue a subpoena to a service provider for

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identification of an alleged infringer.” The request may be made by filing “(A) a copy of a

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notification described in subsection (c) (3)(A); (B) a proposed subpoena; and (c) a sworn declaration

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to the effect that the purpose for which the subpoena is sought to obtain the identity of an alleged

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infringer and that such information will only be used for protecting the rights under this title.”

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Movant filed with the court, as required by § 512(h)(2), notifications that it provided to

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Borjan Solutions through the removal form installed on its website. See ECF No. 1, pgs 30-38.

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Movant also attached a declaration of Adam Silverman, a managing member of AMA Multimedia

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(“AMA”), stating that the purpose of the subpoena is to identify alleged infringers and such

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information will only be used for the purposes of protecting AMA’s rights under 17 U.S.C. § 100.

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Movant, however, failed to attach a proposed subpoena as required by §512(h)(2). The Court,

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therefore, denies Movant’s motion without prejudice. Accordingly,

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IT IS HEREBY ORDERED that Movant AMA Multimedia, LLC’s Request for Issuance
of Subpoena (ECF No. 1) is denied without prejudice.
DATED this 27th day of September, 2017.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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