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Five-Factor Test Applied To Subpoenas Seeking File Sharer Identities

By Saranac Hale Spencer
April 27, 2012

Internet service providers have to disclose the names of their subscribers who are accused of using a file-sharing site to copy a pornographic movie, a federal judge ruled in a copyright infringement suit. Raw Films Ltd. v. John Does 1-15, 11-7248. District Judge Mary A. McLaughlin of the Eastern District of Pennsylvania said that while Internet users have an expectation of privacy, that doesn't apply when they are allegedly infringing on another party's copyright.

Because the U.S. Court of Appeals for the Third Circuit hasn't come up with a standard for balancing the right to anonymous speech against the need for discovery, Judge McLaughlin adopted a five-point test followed by the Second Circuit. According to the Eastern District opinion, courts around the country have adopted a variety of standards to handle the issue. Judge McLaughlin said the Second Circuit was the only federal appellate court to have come up with a test to handle the issues. Given the prevalence of file sharing, Judge McLaughlin's opinion could have broad applicability.

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