2nd Circuit says music pirates not entitled to anonymity

The First Amendment does not protect the anonymity of a defendantwho allegedly illegally downloaded copyrighted music, the 2ndCircuit has ruled.

The plaintiffs are recording companies who allege that thedefendant illegally downloaded music recordings through an onlinefile-sharing network.

The plaintiffs sought authorization to serve a subpoena on thedefendant's Internet Service Provider to obtain information thatwould disclose his identity.

The defendant objected, but a U.S. District Court denied hisattempt to quash the subpoena.

He appealed, arguing that he was entitled to anonymity.

The 2nd Circuit disagreed.

"The fundamental copyright principles are clear. The owner of acopyright has the exclusive right to ... reproduce, performpublicly, display publicly, prepare derivative works of, anddistribute copies of, his copyrighted work. ...The First Amendmentdoes not ... provide a license for copyright infringement. ... [T]othe extent that anonymity is used to mask copyright infringement orto facilitate such infringement by other persons, it is unprotectedby the First Amendment," the court said.

It noted similar a ruling from the 5th Circuit.

U.S. Court of Appeals, 2nd Circuit. Arista Records v. Doe, No. 09-0905-cv. April 29, 2010. Lawyers USA No. 993-1845.