NHentai fights in court to nullify Subpoena DMCA
The popular adult site Nhentai.net is at the center of a legal controversy that could have significant implications for copyright enforcement on the internet. Recently, representatives of copyright holders, including J18 Publishing, issued a DMCA subpoena to Cloudflare, seeking personal information about the operators of Nhentai.net, known for its extensive collection of hentai manga and doujinshi.
Nhentai Attempts to Quash DMCA Subpoena from Cloudflare: What’s at Stake?
Cloudflare, an internet infrastructure company, has frequently been targeted by copyright holders requesting the takedown of allegedly infringing content. However, Cloudflare positions itself as a “mere conduit” of data transmission, without storing content on its servers. Therefore, it typically forwards takedown requests to the hosting companies of the websites in question.
The Subpoena Controversy
The current controversy revolves around a DMCA subpoena issued by J18 Publishing, which seeks to identify the operators of Nhentai.net. Nhentai’s lawyers argue that Cloudflare should not be required to provide personal information, as it acts merely as a “mere conduit” and does not store the infringing content.
Nhentai cites legal precedents, including the RIAA vs. Verizon case, to bolster its position that DMCA subpoenas should not be applied to intermediaries that do not store the infringing content. Additionally, the site’s legal team argues that the subpoena is too broad and could violate the operators’ right to anonymous free speech.
What’s at Stake?
If the court rules in favor of Nhentai, it could set a significant precedent, limiting the use of DMCA subpoenas against intermediaries that do not store content. This case could also influence future actions by copyright groups such as the Alliance of Creativity and Entertainment (ACE), which use DMCA subpoenas as a primary tool in their fight against online piracy.
Currently, the court has stayed the matter, giving J18 Publishing two weeks to present a compelling argument to uphold the subpoena. Meanwhile, the copyright and tech communities are closely watching, awaiting an outcome that could have far-reaching consequences.
NHentai fights in court to nullify Subpoena DMCA
What is a DMCA Subpoena?
The DMCA is a law that deals with, among other things, the liability of online service providers in relation to content that infringes copyright. One of the legal tools provided by the DMCA is the ability to issue subpoenas, known as “DMCA subpoenas,” to require online service providers to reveal the identity of the operators of websites or services that are allegedly infringing copyright.
Fonte: Torrentfreak
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