Saturday, May 01, 2010
Second Circuit - Arista Records v Doe 3: Copyright Infringement Trumps Anonymity and First Amendment
1. the concreteness of the plaintiff's showing of a prima facie claim of actionable harm;
2. the specificity of the discovery request;
3. the absence of alternative means of obtaining the subpoenaed information to advance the claim; and
4. the objecting party's expectation of privacy.
The subpoena listed 236 works, with specific owners and songs, among them Beastie Boys' Licensed To Ill. The Urban Dictionary defines "illin" here, and in relevant part:
buy illin mugs, tshirts and magnetsDoing stuff you shouldn't be doing (aka bad shit) while hanging out with friends, like drugs or vandalism.
Donna: "What are the plans for tonight, Fred?"
Fred: "Oh Hangin', Chillin'.... Little bit a illin."
chilling chillaxing hanging causing ruckus creating trouble
Doe 3 and the kids at SUNY Albany been illin. Decision below.
Second Circuit - Arista Records v Doe 3 Copyright Infringement Trumps Anonymity and First Amendment
Labels: anonymous speech, copyright, copyright infringement, copyright law, Fed.R.Civ.P. 45, first amendment, peer to peer filesharing, quash, subpoena
Partner in Manhattan law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2015-2016). The New York Law Journal called it "an indispensable guide". Serve on the Board of Directors of the Federal Bar Association, served as Chair of the Circuit Vice Presidents, Vice President for the Second Circuit and General Counsel. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014). Attorney advertising disclaimer - prior results do not guarantee success. The statements and opinions voiced here are my own and not of my law firm.