According to the UFC account:
For example, on January 2, 2010, over 36,000 people watched a live streaming feed of the UFC 108 Pay-Per-View event that was uploaded from a single IP address. Less than two months later, on February 21, 2010, that same IP address was used to upload multiple live streaming feeds of the UFC 110 Pay-Per-View event, which was watched by over 78,000 non-paying users.
Here is the relevant law -- remember the DMCA is designed to limit liability for service providers like Justin.tv and Ustream.tv, but it obviously does not provide similar protection for infringing users.
17 U.S.C. § 512(h) provides as follows:
(h) Subpoena To Identify Infringer.— (1) Request.— A copyright owner or a person authorized to act on the owner’s behalf may request the clerk of any United States district court to issue a subpoena to a service provider for identification of an alleged infringer in accordance with this subsection."Service Provider" is defined at Section 512(k) as follows:
(2) Contents of request.— The request may be made by filing with the clerk—
(A) a copy of a notification described in subsection (c)(3)(A);
(B) a proposed subpoena; and
(C) a sworn declaration to the effect that the purpose for which the subpoena is sought is to obtain the identity of an alleged infringer and that such information will only be used for the purpose of protecting rights under this title.
(3) Contents of subpoena.— The subpoena shall authorize and order the service provider receiving the notification and the subpoena to expeditiously disclose to the copyright owner or person authorized by the copyright owner information sufficient to identify the alleged infringer of the material described in the notification to the extent such information is available to the service provider.
(4) Basis for granting subpoena.— If the notification filed satisfies the provisions of subsection (c)(3)(A), the proposed subpoena is in proper form, and the accompanying declaration is properly executed, the clerk shall expeditiously issue and sign the proposed subpoena and return it to the requester for delivery to the service provider.
(5) Actions of service provider receiving subpoena.— Upon receipt of the issued subpoena, either accompanying or subsequent to the receipt of a notification described in subsection (c)(3)(A), the service provider shall expeditiously disclose to the copyright owner or person authorized by the copyright owner the information required by the subpoena, notwithstanding any other provision of law and regardless of whether the service provider responds to the notification.
(6) Rules applicable to subpoena.— Unless otherwise provided by this section or by applicable rules of the court, the procedure for issuance and delivery of the subpoena, and the remedies for noncompliance with the subpoena, shall be governed to the greatest extent practicable by those provisions of the Federal Rules of Civil Procedure
(k) Definitions.— (1) Service provider.—As you can see, the definition of service provider is incredibly broad and would encompass (and protect) both Justin.tv and Ustream.tv.
(A) As used in subsection (a), the term “service provider” means an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user’s choosing, without modification to the content of the material as sent or received.
(B) As used in this section, other than subsection (a), the term “service provider” means a provider of online services or network access, or the operator of facilities therefor, and includes an entity described in subparagraph
Assuming the UFC has served the subpoenas, the identity of the allegedly infringing users will likely be turned over.
Fight Lawyer
