RIAA v Charter Communications

In a split opinion, the US Court of Appeals for the Eighth Circuit ruled yesterday, Jan. 4, 2005, in The Recording Industry Association of America v. Charter Communications, Inc. (pdf) that DMCA Section 512(h) subpoena may not be issued by a copyright holder to an ISP that is merely acting as a conduit for data transfered between two internet users, e.g. through Charter's subscribers peer-to-peer (P2P) file sharing software to exchange songs stored on there personal computers.