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Sixth Circuit Suggests Liability for Copyright Infringement May Justify Reduced First Amendment Protection for Anonymous Speech, But Recommends Consideration of Context and ‘Practical Need’ for Unmasking

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Home Publikationen Sixth Circuit Suggests Liability for Copyright Infringement May Justify Reduced First Amendment Protection for Anonymous Speech, But Recommends Consideration of Context and ‘Practical Need’ for Unmasking
Ruling on what it characterized as an issue of first impression, the U.S. Court of Appeals for the Sixth Circuit suggested that a judgment of liability in a copyright infringement case may be a tipping point justifying the unmasking of anonymous internet users.

Autoren: Brian J. Willett

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The Sixth Circuit remanded Signature Mgmt. Team v. Doe, No. 16-2188 (6th Cir. Nov. 28, 2017) to the district court with instructions to reconsider unmasking the anonymous defendant, finding it had “failed to recognize the presumption in favor of open judicial records,” which is particularly strong at the judgment phase.  However, the 2-1 majority pointed out reasons why unmasking still might not be necessary, triggering a dissent suggesting the majority didn’t go far enough.

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