MALIBU MEDIA v. JOHN DOE subscriber assigned IP address 50.90.55.202
This is an action for copyright infringement brought against a defendant, who is identifiable to Plaintiff Malibu Media, LLC only by his Internet Protocol ("IP") address. After evaluating the evidence, the Judge stated nothing proved that the account holder is the person at this Internet address.
“Plaintiff has shown that geolocation software can provide a location for an infringing IP address; however, Plaintiff has not shown how this software can establish the identity of the Defendant,” the Judge stated in his ruling.
The Ex Parte Motion to Proceed Anonymously was DENIED. IT WAS HEREBY ORDERED that the Movant identify himself for the record within seven (7) days of the date of the Order.Absent that, the Movant was hereby Ordered to Show Cause, within ten days of the date of this Order, why the Motion to Dismiss and the Motion to Quash should not be stricken.The Ruling made it harder for copyright holders to extract cash settlements from alleged pirates.
I've seen thousands of Headers, but never one in which the IP Address was used to indentify an anonymous Defendant in Illinois. John and Jane Does are quite common, but never an IP Address.
The Second Case in our Summaries, TELEMEDICINE SOLUTIONS LLC v. WOUNDRIGHT TECHNOLOGIES, LLC. involved an high tech solution to the ancient problem of wound care, involving electronic monitoring. The case is a Trademark Dispute, and the 7th Circuit spends ten pages in a complex opinion citing applicable case law. Though Facebook, Twitter, Google+ and Linkedin are used by both parties, the 7th Circuit chose to stick with existimg law when addrressing the legal questions. Taking the position that current staututes are sufficient to regulate these cases has to date been common for Illinois Courts, who are reluctant to venture into strange legal territory and blaze new paths. Once someone figures out how to make enough money from it, this situation will doubless change in a big hurry.
The Cases summarized below can be found in Illinois Social Media Law Case Summaries.
The Second Case in our Summaries, TELEMEDICINE SOLUTIONS LLC v. WOUNDRIGHT TECHNOLOGIES, LLC. involved an high tech solution to the ancient problem of wound care, involving electronic monitoring. The case is a Trademark Dispute, and the 7th Circuit spends ten pages in a complex opinion citing applicable case law. Though Facebook, Twitter, Google+ and Linkedin are used by both parties, the 7th Circuit chose to stick with existimg law when addrressing the legal questions. Taking the position that current staututes are sufficient to regulate these cases has to date been common for Illinois Courts, who are reluctant to venture into strange legal territory and blaze new paths. Once someone figures out how to make enough money from it, this situation will doubless change in a big hurry.
The Cases summarized below can be found in Illinois Social Media Law Case Summaries.
The Sociall Media cases are coming fast and furious and we'll try out best to keep our readers here at Illinois Social Media Law kept abreast of the latest in this exciting new area of the law.
