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David Weslow Weighs in on Recent Court Ruling on Alleged “Copyright Trolls”

Trademarks & Brands Online
May 28, 2014

David E. Weslow, a partner in Wiley Rein’s Intellectual Property Practice, was quoted in an article published today by Trademarks & Brands Online about a recent court ruling that said Internet service providers (ISPs) did not have to hand over information on unnamed defendants in a copyright infringement case.

The U.S. Court of Appeals for the D.C. Circuit yesterday reversed a lower court ruling in a suit brought by AF Holdings, an entity backed by alleged “porno-trolling collective” Prenda Law, according to the article.  The three-judge panel ruled that five ISPs did not have to turn over subscriber information for individuals that AF claims illegally downloaded and shared a pornographic film for which AF claims it owns the copyright.

“The ruling makes clear that ISPs will not be forced to comply with subpoenas seeking ISP customer identities where the plaintiff has not satisfied jurisdiction, venue, and joinder issues related to the customers whose identities are being sought,” Mr. Weslow said.  “It also reflects concerns by a wide range of courts regarding the larger modus operandi of certain copyright trolls, and it will be interesting to watch whether the district court will now enter sanctions against the plaintiff and its counsel.”

To read the entire article, click here.