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The Sixth Circuit Creates a New Standard for Unmasking an Anonymous Copyright Infringer Post-Judgment
On Nov. 28, 2017, the Court of Appeals for the Sixth Circuit issued its opinion in Signature Mgmt. Team, LLC v. Doe, 876 F.3d 831 (6th Cir. 2017). The case involved a John Doe defendant's effort to remain anonymous even after having been adjudicated liable for copyright infringement of plaintiff's business training manual. John Doe argued that anonymity should be maintained since he offered protected speech under the First Amendment concomitant to infringing speech, even though plaintiff's competing interest in enforcing its remedy would arguably be impeded. The instant case was not sui generis insofar as it concerned a John Doe defendant seeking to maintain anonymity based on Internet speech; these issues have been a hallmark of the Internet journalism age. However, the Sixth Circuit did break new ground in determining the limit of anonymity for copyright infringement post-judgment.
In an issue of first impression, the Sixth Circuit held that a presumption existed in favor of unmasking anonymous defendants post-judgment, a presumption that should be applied in tandem with the separate presumption in favor of open judicial proceedings. Accordingly, the district court's reliance on a balancing test governing the unmasking of anonymous defendants pre-judgment, i.e., in the discovery phase, was insufficiently tilted toward the presumption of open judicial records (to maintain society's faith in the judiciary) and the need for the non-infringer to enforce its remedy. Accordingly, the Sixth Circuit reversed and remanded to the district court to apply the new test.
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