United States Second Circuit

In Doe defendant's appeal from a denial of their motion to quash a subpoena served on an Internet service provider seeking the identities of people who illegally downloaded music, the order is affirmed where: 1) the motion to quash the subpoena was not dispositive of the underlying action; 2) to the extent that anonymity is used to mask copyright infringement or to facilitate such infringement by other persons, it is unprotected by the First Amendment; and 3) defendant's expectation of privacy for sharing copyrighted music through an online file-sharing network was simply insufficient to permit him to avoid having to defend against a claim of copyright infringement.

Appellate Information

• Argued 11/20/2009
• Decided 04/29/2010
• Published 04/29/2010

Judges

• KEARSE, Circuit Judge:, Before KEARSE, KATZMANN, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Timothy M. Reynolds, (Katheryn J. Coggon, Thomas M. Kerr, Holme Roberts & Owen, Denver, CO, on the brief), for Plaintiffs-Appellees., Richard A. Altman, New York, NY, for Defendant-Appellant.