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. 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.

In Signature Mgmt. Team, the plaintiff, a multi-level marketing company, sued defendant Doe after he posted on his blog a link to the entirety of a book copyrighted by plaintiff.  Among other relief, the plaintiff moved to compel the identity of Doe.  The district court required Doe to reveal his identity to the court and plaintiff, but found that unmasking Doe was “unnecessary to ensure that defendant would not engage in future infringement.”  Further, the district court found that, because Doe declared that he had destroyed all copies of the infringed work in his possession, no further injunctive relief was necessary.  Plaintiff appealed, arguing in part that the district court improperly disregarded the strong presumption in favor of openness of judicial records.Continue Reading 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