Malibu Media v. Doe, No. 18cv5611 (S.D.N.Y.) November 16, 2018.
Malibu Media was able to make a preliminary determination that the holder of a particular Internet Protocol address had accessed and downloaded its copyrighted work through the BitTorrent file sharing program. Geolocation information situated the IP address h older within the court’s jurisdiction. Malibu Media sought and obtained a subpoena to Internet Service Provider Time Warner, seeking disclosure of John Doe’s name and address. Notice was provided to Doe, who moved to quash on undefined privilege grounds. The court rejected this argument, holding that although the U.S. Supreme Court has recognized a right to anonymous speech, such protections do not attach to unlawful copyright infringement.
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