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To combat online piracy, copyright holders frequently use DMCA subpoenas to compel service providers to unmask alleged infringers.

Because these requests don’t require a judge’s approval and are typically signed off by a court clerk, they offer a swift and powerful tool to identify pirates.

In recent years, Internet infrastructure company Cloudflare has been targeted with DMCA subpoenas dozens of times. While the personal information it discloses may not always be accurate, it has been instrumental in several enforcement actions.

Shueisha vs. Mangajikan

In some instances, the mere threat of potential legal trouble may already be sufficient. This was the case a few months ago when the massively popular manga piracy site Mangajikan.com shut its doors days after publisher Shueisha obtained a DMCA subpoena directed at Cloudflare.

While Shueisha must have been pleased with the quick result, the publisher still didn’t know who was running the site. Shortly after Shueisha obtained the DMCA subpoena, the anonymous operator of mangajikan.com and related domain alammanga.com, submitted a motion to quash at a California federal court.

Anonymous Operator Relies on Cox Precedent

The ‘John Doe’ operator’s motion to quash cited several reasons why disclosure of their personal data should be denied. This includes the Cox precedent confirmed by the Court of Appeals in August, which held that DMCA subpoenas don’t apply to Section 512(a) service providers, i.e mere conduits that simply pass on bytes.

“Cloudflare is not a proper DMCA target in this instance because here, it only provides DNS and CDN services to the Domains and cannot remove or disable access to content,” Doe’s attorney explained.

“[F]ederal courts have repeatedly held that DMCA subpoenas cannot compel disclosure from service providers acting solely as conduits or CDNs, as they do not host or control the allegedly infringing content.”

The non-hosting argument appears to align with Cloudflare’s own policy. The company does not disable access to allegedly infringing URLs that use its CDN service because it doesn’t host the content permanently. Instead, Cloudflare forwards DMCA notices to the affected subscribers.

Shueisha Counters: Caching is Key

In its response, Shueisha pointed out that since Cloudflare temporarily stores the contested materials in its cache and then serves the content to the site’s visitors, Cloudflare qualifies as a Section 512(c) service.

The manga publisher backed up its claim by simply submitting a screenshot from Cloudflare’s own website describing how its cache “stores copies of frequently accessed content.”

“Cloudflare does, in fact, store content on its servers in the form of cached data which allows for faster loading of sites. Courts, particularly in this district, routinely issue DMCA subpoenas to Cloudflare that Cloudflare does not move to quash,” Shueisha argued.

From Shueisha’s filing

Shueisha further argued that the pirate site’s operator failed to cite a single case in which Cloudflare was seen as an “improper recipient” of a DMCA subpoena in this context.

Jurisdiction, Fair Use, and Retaliation

In addition to the disagreement over the correct application of a DMCA subpoena, the operator argued that a U.S. court is not the right venue. In a declaration, they explained that Mangajikan.com allegedly blocked U.S. visitors, had a non-commercial nature, and has already been shut down.

The underlying DMCA notice is also invalid, they argued, because it didn’t properly identify the infringing content and failed to take fair use into account.

Finally, the John Doe operator asked the court for a protective order to shield his identity, noting that he feared retaliation since Shueisha had released personal details of adversaries in the past.

These additional arguments were contested by Shueisha. Crucially, the publisher said that since their declaration was submitted anonymously, the operator can’t be held to the standard of “penalty of perjury” so should be ignored.

Other defenses, such as fair use claims, do not need to be considered for a motion to quash, the publisher added.

Court: Caching Qualifies for a DMCA Subpoena

After reviewing the filings from both sides, the court ultimately sided with the manga publisher.

Firstly, Judge Gonzalez Rogers ruled that Shueisha sufficiently identified a copyrighted work. In addition, its takedown notice included the required statement of good faith belief that Mangajikan’s use was unauthorized.

Finally, the court found that Cloudflare is not a mere conduit service provider under Section 512(a), as it stores cached content. Siding with Shueisha’s argument that Cloudflare functioned as a Section 512(c) service provider, the Court confirmed that a DMCA subpoena can be used.

From Judge Gonzalez Rogers’ order

“The parties offer limited evidence to demonstrate what functions Cloudflare performed for Doe’s websites. Still, Shueisha has made a prima facie showing that Cloudflare stores content on its servers in the form of cached data to support faster loading of sites.”

“Because there is no evidence to the contrary, the Court accepts Shueisha’s prima facie showing and concludes that Cloudflare functioned as a Section 512(c) service provider,” Judge Gonzalez Rogers added.

DMCA: A, B, C…

Interestingly, the order didn’t mention Section 512(b), which specifically references caching. That likely wouldn’t have changed the outcome, however, as DMCA subpoenas also apply to these services.

Cloudflare likely sees itself as a caching service in relation to its CDN services, as it typically does not remove cached content, unlike content that it hosts permanently. Therefore, the court’s ruling here should be seen as limited to this particular case.

For Mangajikan’s operator, the ruling effectively means that their battle for anonymity is over. However, the court did order the parties to create a protective order, which will limit how Shueisha can use Doe’s identity, particularly in public.

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A copy of U.S. District Court Judge Yvonne Gonzalez Rogers’ order is available here (pdf)

From: TF, for the latest news on copyright battles, piracy and more.

Even in my youth, I always loved the idea of point-and-click adventure games more than I did the reality. I appreciated how they transported me to other worlds, each with its own rules, histories, and interesting characters. However, like many people, I often ran up against the harsh reality of solving bizarre and obtuse puzzles in a time before Internet walkthroughs.

I almost never actually finished point-and-click adventure games for that reason—but there is one major exception: I completed Roberta Williams’ The Colonel’s Bequest several times.

One of the last Sierra adventure games to still use a text parser, The Colonel’s Bequest follows a young woman named Laura Bow as she visits a mansion in the Southern US belonging to her college friend’s grandfather, Colonel Henri Dijon. While she’s there, a dispute breaks out over the colonel’s will, and it becomes clear a murderer is on the loose.

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Earlier this month, the Trump administration made nine elite universities an offer they couldn’t refuse: bring in more conservatives while shutting down “institutional units that purposefully punish, belittle, and even spark violence against conservative ideas,” give up control of admissions and hiring decisions, agree to “biological” definitions of sex and gender, don’t raise tuition for five years, clamp down on student protests, and stay institutionally “neutral” on current events. Do this and you won’t be cut off from “federal benefits,” which could include research funding, student loans, federal contracts, and even student and faculty immigration visas. Instead, you may gain “substantial and meaningful federal grants.”

But the universities are refusing. With the initial deadline of October 20 approaching, four of the nine universities—the University of Pennsylvania, Brown, University of Southern California, and MIT—that received the federal “compact” have announced that they will not sign it. [Update: A fifth school, the University of Virginia, has now declined the deal.]

In addition, the American Council on Education, which represents more than 1,600 colleges and universities, today issued a statement calling for the compact to be completely withdrawn.

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For some cases of bacterial vaginosis, treatment should include a package deal, doctors now say.

The American College of Obstetricians & Gynecologists (ACOG) updated its clinical guidance Friday to fit with recent data indicating that treatment for recurring bacterial vaginosis (BV) in women is significantly more effective if their male partners are also treated at the same time—with both an oral antibiotic and an antibiotic cream directly onto the potentially offending member.

“Partner therapy offers us another avenue for hopefully preventing recurrence and helping people feel better faster,” Christopher Zahn, chief of clinical practice and health equity and quality at ACOG, said in a statement.

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Law enforcement agencies will soon have easier access to footage captured by Amazon’s Ring smart cameras. In a partnership announced this week, Amazon will allow approximately 5,000 local law enforcement agencies to request access to Ring camera footage via surveillance platforms from Flock Safety. Ring’s cooperation with law enforcement and the reported use of Flock technologies by federal agencies, including US Immigration and Customs Enforcement (ICE), has resurfaced privacy concerns that have followed the devices for years.

According to Flock’s announcement, its Ring partnership allows local law enforcement members to use Flock software “to send a direct post in the Ring Neighbors app with details about the investigation and request voluntary assistance.” Requests must include “specific location and timeframe of the incident, a unique investigation code, and details about what is being investigated,” and users can look at the requests anonymously, Flock said.

“Any footage a Ring customer chooses to submit will be securely packaged by Flock and shared directly with the requesting local public safety agency through the FlockOS or Flock Nova platform,” the announcement reads.

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In 1890, a German scientist named Robert Koch thought he’d invented a cure for tuberculosis, a substance derived from the infecting bacterium itself that he dubbed Tuberculin. His substance didn’t actually cure anyone, but it was eventually widely used as a diagnostic skin test. Koch’s successful failure is just one of the many colorful cases featured in Dead Ends! Flukes, Flops, and Failures that Sparked Medical Marvels, a new nonfiction illustrated children’s book by science historian Lindsey Fitzharris and her husband, cartoonist Adrian Teal.

A noted science communicator with a fondness for the medically macabre, Fitzharris published a biography of surgical pioneer Joseph Lister, The Butchering Art, in 2017—a great, if occasionally grisly, read. She followed up with 2022’s  The Facemaker: A Visionary Surgeon’s Battle to Mend the Disfigured Soldiers of World War I, about a WWI surgeon named Harold Gillies who rebuilt the faces of injured soldiers.

And in 2020, she hosted a documentary for the Smithsonian Channel, The Curious Life and Death Of…, exploring famous deaths, ranging from drug lord Pablo Escobar to magician Harry Houdini. Fitzharris performed virtual autopsies, experimented with blood samples, interviewed witnesses, and conducted real-time demonstrations in hopes of gleaning fresh insights. For his part, Teal is a well-known caricaturist and illustrator, best known for his work on the British TV series Spitting Image. His work has also appeared in The Guardian and the Sunday Telegraph, among other outlets.

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Texas is being sued by a Big Tech lobby group over the state’s new law that will require app stores to verify users’ ages and impose restrictions on users under 18.

“The Texas App Store Accountability Act imposes a broad censorship regime on the entire universe of mobile apps,” the Computer & Communications Industry Association (CCIA) said yesterday in a lawsuit. “In a misguided attempt to protect minors, Texas has decided to require proof of age before anyone with a smartphone or tablet can download an app. Anyone under 18 must obtain parental consent for every app and in-app purchase they try to download—from ebooks to email to entertainment.”

The CCIA said in a press release that the law violates the First Amendment by imposing “a sweeping age-verification, parental consent, and compelled speech regime on both app stores and app developers.” When app stores determine that a user is under 18, “the law prohibits them from downloading virtually all apps and software programs and from making any in-app purchases unless their parent consents and is given control over the minor’s account,” the CCIA said. “Minors who are unable to link their accounts with a parent’s or guardian’s, or who do not receive permission, would be prohibited from accessing app store content.”

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