Case Title and Citation: Well Go USA, Inc. v. Unknown Filesharing Participants, 2012 WL 4387420 (S.D. Tex. 2012)
Court: United States District Court, Southern District Texas
Document status: Memorandum and Order Granting Rule 45 Discovery, Denying DMCA Subpoena
Issue or relevant point(s): Subject to the Article III power of the court, and particularly under a claim of copyright infringement, can a Plaintiff seek infringer identification information from a service provider under a Rule 45 and/or 512(h) subpoena?
Ruling: The Court granted the Plaintiff’s motion for limited discovery of information related to persons believed involved in illegal peer-to-peer file sharing via a Rule 45 subpoena (subject to a protective order), but denied the same request under 17 U.S.C. § 512(h).