Reddit Doesn't Have To Share IP-Addresses of Piracy Commenters, Court Rules

An anonymous reader quotes a report from TorrentFreak: Reddit is not required to share the IP-address of six users who made piracy-related comments on the website. The company successfully protested the third attempt of a group of filmmakers, which planned to use the requested logs as evidence in their lawsuit against Internet provider Frontier. Instead of focusing on anonymous Redditors, filmmakers can go after the ISP's subscribers directly. [...] Early last year, the film companies subpoenaed Reddit for the first time, requesting the personal details of several users. Reddit refused to cooperate, defending their users' right to anonymous speech, and found a California federal court in agreement. In a second attempt a few weeks later, several film companies sent a similar subpoena to Reddit. This time, the request was more targeted, as all comments specifically referred to the ISP being sued; Grande Communications. Reddit still refused to comply, however, stressing that its users' First Amendment rights would still be at stake. After hearing both parties, Magistrate Judge Laurel Beeler sided with Reddit once again. While the denial was another setback for the film companies and their attorney, they had no plans to abandon this route to evidence quite so easily. Last month, they were back in court with a similar but tweaked request, this time related to a lawsuit targeting Internet provider Frontier Communications. Broadly speaking, the third case was comparable to the others. The film companies, including Voltage Holdings and Screen Media Ventures, wanted to use comments made by six Redditors to show that the ISP didn't take proper action against repeat infringers, or that 'lax' enforcement acted as a draw to potential pirates. Contrary to the earlier requests, the film companies were no longer looking for any names or email addresses, only the applicable IP address logs. This would allow the commenters to remain anonymous because an 'IP-address is not a person', their attorney argued. Reddit, again, refused to hand over information, arguing it would violate users' right to anonymous speech. The fact that it would only have to reveal IP-addresses wouldn't change that, Reddit argued. After both sides had the chance to present their arguments, the matter landed on the desk of U.S. Magistrate Judge Thomas Hixson of the California federal court. After reviewing the paperwork, Judge Hixson denied the motion to compel. [...] Of importance in this decision is the so-called '2TheMart.com' standard, which was also applied in the earlier two cases. From that perspective, the court sees no reason to reach a different conclusion. [...] "While the Court is unaware of any cases in the Ninth Circuit in which a court has declined to apply a First Amendment unmasking standard for IP addresses, other courts have recognized that IP addresses are essential to unmasking because an 'IP address cannot be made up in the same way that a poster may provide a false name and address.'" "For this reason, the Court finds no reason to believe provision of an IP address is not unmasking subject to First Amendment scrutiny," Judge Hixson writes. "In sum, the Court finds Movants cannot meet the 2TheMart standard because the evidence they seek can be obtained from other sources, including from Frontier in the normal course of discovery." If the rightsholders are unable to obtain the desired evidence from Frontier, they could always try again, of course. If anything, the film companies have shown that aren't prepared to give up easily.

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