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On November 28, 2017, the Sixth Circuit, in a 2:1 decision, ruled on the anonymous copyright infringement case we discussed back in April. The central issue in the case involved whether an adjudicated copyright infringer can remain anonymous. A decision in favor of the infringer could encourage anonymous unlawful speech. A decision in favor of the judgment plaintiff could encourage suits designed only to “out” the name of an anonymous critic.

In a case of first impression, the Sixth Circuit didn’t make a final decision. See Signature Management Team, LLC v. Doe, No. 16-2188, 2017 WL 5710571 (6th Cir. Nov. 28, 2017).

The Court remanded the case back to the district court to balance the infringer’s anonymity interest against both the judgment plaintiff’s interest in unmasking the infringer and the public’s interest in open judicial proceedings, with a presumption in favor of disclosure of the infringer. In short, the Court held that the infringer’s anonymity was not automatically lost upon his defeat in the litigation … at least under these circumstances.
Continue Reading Can You Copyright Infringe Anonymously? Revisited.

“There are many ways to surveil each other now, unfortunately,” including “microwaves that turn into cameras, et cetera.  So we know that that is just a fact of modern life.”  Kellyanne Conway, March 12, 2017 Interview with New Jersey’s The Record.

Data from microwaves-turned-cameras has yet to appear in court, but data from other IoT

Congress may re-introduce federal anti-SLAPP legislation this session.  Similar bills in 2009, 2012, and 2015 never made it out of committee.  Our Law360 article identifies several areas to improve on a fourth attempt to enact a universal anti-SLAPP law.  The article also highlights the constant battle between First Amendment rights and rights to protect one’s