Inc. v. Doe

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… outside your main jurisdiction can have collateral consequences.

In Gunning v. Doe, 2017 WL 1739442 (Me. May 4, 2017), Maine’s highest court just dodged the issue of the applicable First Amendment test for the disclosure of an anonymous speaker accused of defamation.  Instead, it deferred to California’s test.  Why?  Collateral estoppel:  the defamation plaintiff lost her effort to subpoena a California website host for identifying information of the John Doe defendant, and that decision barred the plaintiff from relitigating the disclosure issue in Maine. 
Continue Reading Gunning For An Anonymous Internet Defamer or Infringer’s Identity …

Yesterday, the Sixth Circuit heard an anonymous copyright infringement case of first impression. See Signature Management Team, LLC v. Doe, No. 16-2188 (6th Cir.). The issue: whether an adjudicated copyright infringer can remain anonymous.

The infringer said he can.

“John Doe” appeared in the case through counsel and defended against Signature’s infringement claim. He lost. But he maintained his right to anonymity under the First Amendment. According to Doe, a court should balance a defendant’s right to remain anonymous against a plaintiff’s need for the defendant’s identity at all stages of litigation, including post-judgment. And here, as the lower court held, Signature prevailed but it didn’t need Doe’s identity where no damages were sought and Doe agreed to cease the infringement.
Continue Reading Can You Copyright Infringe Anonymously?

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…