Massachusetts  |  Civil Rights Law

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10/31/07, 9:32 am

Legal Question


Subpoena Infromation from a company in a civil case?

I have a question for you. How difficult is it to subpoena

information from a company if you are dealing with a civil case?

For example, someone leaked the Harry Potter novel online 4 days

before it's release. The leak was in the form of digital images taken

by a digital camera. Unknown to the leaker, the camera's serial

number, make, and model was embedded in the pictures revealing that

the pictures were taken with a Canon 350D camera. So the publishing

house contacted Canon and asked them for the identity of the owner.

Canon refused to cooperate saying it was a violation of their privacy

policy. Since the leaker didn't distribute the book for profit, it

became a civil case.

I guess my questions are...

Is it more difficult to subpoena information from a company in a civil

case as opposed to a criminal one?

Is there any way the publishing company can force Canon to hand over

the information if it's a civil case or are they out of luck?

If this were a criminal case, would it be easier to obtain this information?


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