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ARTICLE · 13 MARCH 2015

Illegal Downloads - Is An IP Address Enough Information?

The adult film industry has been accused of trying to coerce settlements in matters relating to alleged illegal downloading of adult films by shaming the accused infringer through publicity.

United StatesIntellectual Property

The adult film industry has been accused of trying to coerce settlements in matters relating to alleged illegal downloading of adult films by shaming the accused infringer through publicity. I write below about Magistrate Judge Wilson crafting a solution to protect a purported infringer from a similar shame -- that of illegally downloading (and watching??) a Steven Seagal movie!

I've written before about issues of tracking down purported illegal downloads of copyrighted materials. A typical fact pattern is the owner of the copyright tracks down an IP address where the copyrighted materials were apparently downloaded and/or copied without permission. The copyright owner files suit in district court against John/Jane Doe, and asks the Court for leave to serve early discovery, namely a subpoena to the ISP trying to determine the identity associated with the IP address on the day(s) of the purported infringement.

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