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.
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