[Michael.SF.]

Look up who can issue a subpoena and you'll find your answer.

OK. I did.

Who can issue a subpoena?

There is a difference between issuing a subpoena and asking to have someone subpoenaed. If I am missing something, please enlighten me.

[AnotherUnixGeek]

There is a difference between issuing a subpoena and asking to have someone subpoenaed. If I am missing something, please enlighten me.

A few years ago, the RIAA was issuing subpoenas approved only by a court clerk who checked that the forms were filled out correctly. They did this claiming that they had the authority to do so under the DMCA. This was contested in court - I'm not sure what the current situation is, but Fox may be issuing subpoenas under the same DMCA clause.

Or maybe the article is poorly worded, don't know.

[KellyAdmirer]

As I understand it, a party to a lawsuit can issue subpoenas as part of the discovery process. It can be a document subpoena, like this case, or a subpoena for a person to testify. If the party receiving the subpoena thinks it is inappropriate, they can move to quash the subpoena. That could easily happen here. Technically, the authority is the court's, but parties to a lawsuit can use it freely in appropriate ways.

I assume there is a pending action of some nature between Fox and YouTube.

[PAR35]

I think you are looking for section 512(h) of the DMCA.