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To: AnotherUnixGeek; flashbunny; KellyAdmirer
Or maybe the article is poorly worded, don't know.
a party to a lawsuit can issue subpoenas as part of the discovery process.

I believe that the article is simply poorly worded. If, in the discovery process a subpoena is issued, then I would think that it has officially been issued by the Court and that for ease of processing the paper work a preformatted, preagreed to 'subpoena' may be filled out by the attorney's and sent.

Perhaps that is the case here, but I am certain that only the Court can officially issue subpoenas.

I really did not intend to make a big deal of this, as I fully knew what was meant, we all did. But when newspapers or other official informational sources become lazy in their reporting of facts and processes, it deepens the misunderstandings that abound regarding our system. There are many of examples of this:

"America is a democracy"
"Bill Clinton was never impeached"

These are two statements that are heard or read, quite often, most of us ignore them because we know what the intent was. But both statements are false.

As pertains to this article the correct wording, I think, should be:

"Fox requests subpoena for "U-Tube" or "Fox requests that U tube be subpoenaed"

8 posted on 01/26/2007 5:06:26 PM PST by Michael.SF. (It's time our lawmakers paid more attention to their responsibilities, and less to their privileges.)
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To: Michael.SF.
"Bill Clinton was ... impeached"

With the bonus of being the first elected president ever impeached... though not the "first impeached".

10 posted on 01/26/2007 5:16:45 PM PST by SteveMcKing
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To: Michael.SF.

Title 17, U.S. Code:

§ 512. Limitations on liability relating to material online

(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.
(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 governing the issuance, service, and enforcement of a subpoena duces tecum.


12 posted on 01/26/2007 5:22:38 PM PST by PAR35
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