Up/Downloaders Identities Not Protected by First Amendment
So ruled [pdf] Judge Denny Chin in a case involving 40 Doe defendants who used Fast Track (P2P) via Cablevision (ISP) to download and distribute copyrighted music files over the internet. The instant action arose when Cablevision sought to quash a subpoena served by plaintiffs seeking the identities of its subsribers in January.
The First Amendment questions before the Court were whether a person who uses the internet to download and distribute copyrighted music is engaging in the exercise of free speech and if so whether such person's identity is protected from disclosure. The court in finding against the Doe defendants found that although the First Amendment's protection extends to the internet, it does not protect copyright infringement. See e.g. Harper & Row and Universal v. Reimerdes. Nor does anonymous speech enjoy absolute protection.
The RIAA institued the current round of lawsuits after a D.C. Circuit decision which ruled that they could not require ISPs to turn over the identities of customers suspected of illegally sharing music under the DMCA subpoena process.
The First Amendment questions before the Court were whether a person who uses the internet to download and distribute copyrighted music is engaging in the exercise of free speech and if so whether such person's identity is protected from disclosure. The court in finding against the Doe defendants found that although the First Amendment's protection extends to the internet, it does not protect copyright infringement. See e.g. Harper & Row and Universal v. Reimerdes. Nor does anonymous speech enjoy absolute protection.
The RIAA institued the current round of lawsuits after a D.C. Circuit decision which ruled that they could not require ISPs to turn over the identities of customers suspected of illegally sharing music under the DMCA subpoena process.
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