News & Analysis as of

Subpoenas Copyright

Vondran Legal

DMCA subpoena new tool for Copyright Plaintiffs in Boy Kills World cases?

Vondran Legal on

This blog involves a unique approach being used by a Hawaii law firm to seek to uncover the name, address, email address, MAC address and other information about alleged copyright infringers. The firm is using a DMCA 512(h)...more

Vondran Legal

How to Obtain a Court Ordered Subpoena for ISP Subscriber Identity

Vondran Legal on

Generally, an attorney can issue subpoenas. However, when you seek to serve an Internet Service Provider ("ISP) to find out the name and address of the subscriber (who may be an infringer of your IP), the Cable Privacy Act...more

Proskauer - New Media & Technology

Unmasking Anonymous Copyright Infringers: Where the DMCA, First Amendment, and Fair Use Meet

Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the...more

Saiber LLC

District of New Jersey Recognizes Good Cause for ISP to Provide Identity of Alleged Infringer Through Expedited Discovery, But...

Saiber LLC on

In a recent opinion, Strike 3 Holdings, LLC v. John Doe Subscriber (D.N.J. Oct. 6, 2021), the United States District Court for the District of New Jersey considered when a plaintiff may be granted leave to serve pre-Rule...more

Davis Wright Tremaine LLP

Copyright Office Says Courts Have Construed DMCA Too Favorably for Online Providers

In its "first full analysis" of whether Section 512 of the 1998 Digital Millennium Copyright Act (DMCA) "is … achieving its aim of balancing the needs of online service providers with those of creators," the U.S. Copyright...more

Jaburg Wilk

Ninth Circuit Ruling Reminds Copyright Owners That Failing to Allege Enough Facts Could Cost Them!

Jaburg Wilk on

In recent years, federal courts across the U.S. have seen a fair share of copyright infringement lawsuits involving peer-to-peer networks such as BitTorrent. In these cases, the plaintiffs are typically feature film or adult...more

Proskauer - Minding Your Business

Hide and Seek: Plaintiff Permitted to Subpoena Internet Service Provider to Identify Alleged Infringers

Recently, E.D.N.Y. Magistrate Judge Steven M. Gold ordered that a third-party subpoena may be served upon an internet service provider (“ISP”) to identify information about network users who allegedly infringed copyrighted...more

Proskauer - New England IP Blog

Copyright Plaintiff Allowed to Subpoena ISP to Discover Defendant’s Name

A recent decision from the District of Connecticut is part of a series of copyright cases where a plaintiff, unable to identify the accused infringer except by the Internet Protocol (or “IP) address used at the time of the...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries - ...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update

Garcia v. Google: “Doubtful” Copyright Ownership Claim in Film Performance Does Not Outweigh First Amendment Right to Free Speech - Why it matters: In a closely watched case that tests the limits of copyright protection,...more

McDermott Will & Emery

D.C. Circuit Limits Discovery and Joinder for Downloading "Swarms"

McDermott Will & Emery on

AF Holdings v. Does et al. - Deciding a case that involves issues of discovery and joinder, the U.S. Court of Appeals for the D.C. Circuit addressed issues presented by so-called “copyright trolls” who subpoenaed...more

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