https://arstechnica.com/tech-policy/2023/05/judge-wont-force-reddit-to-identify-anonymous-users-who-discussed-piracy/ Skip to main content * Biz & IT * Tech * Science * Policy * Cars * Gaming & Culture * Store * Forums Subscribe [ ] Close Navigate * Store * Subscribe * Videos * Features * Reviews * RSS Feeds * Mobile Site * About Ars * Staff Directory * Contact Us * Advertise with Ars * Reprints Filter by topic * Biz & IT * Tech * Science * Policy * Cars * Gaming & Culture * Store * Forums Settings Front page layout Grid List Site theme light dark Sign in Anonymity preserved -- Film studios lose bid to unmask Reddit users who wrote comments on piracy Judge voids subpoena, says film studios sought info that isn't relevant to case. Jon Brodkin - May 1, 2023 6:45 pm UTC The Reddit logo displayed on a smartphone; a laptop is seen in the photo's background. Enlarge Getty Images | NurPhoto reader comments 41 with Reddit doesn't have to identify eight anonymous users who wrote comments in piracy-related threads, a judge in the US District Court for the Northern District of California ruled on Friday. US Magistrate Judge Laurel Beeler quashed a subpoena issued by film studios in an order that agrees with Reddit that the First Amendment protects the users' right to speak anonymously online. The First Amendment right to anonymous speech is not absolute, but the precedent followed by US district courts only forces disclosure of anonymous users' identities "in the exceptional case where the compelling need for the discovery sought outweighs the First Amendment rights of the anonymous speaker," Beeler noted. After reviewing the facts and arguments, she found that the Reddit users' comments were irrelevant to the film studios' underlying case and that the studios could obtain relevant information from other sources. Reddit has no involvement in the underlying case, which is a copyright lawsuit in a different federal court against cable Internet service provider RCN. Bodyguard Productions, Millennium Media, and other film companies sued RCN in the US District Court in New Jersey over RCN customers' alleged downloads of 34 movies such as Hellboy, Rambo: Last Blood, Tesla, and The Hitman's Bodyguard. In an attempt to prove that RCN (now known as Astound Broadband) turned a blind eye to customers illegally downloading copyrighted movies, the studios subpoenaed Reddit seeking identifying information for specific users who commented in piracy-related threads. While some of the comments were posted in 2022, other comments were made in 2009 and 2014. Advertisement Reddit sought to protect user privacy The studios filed a motion to compel Reddit to respond to the subpoena after Reddit refused to identify eight of the nine users. As Reddit pointed out in a filing that accused the studios of spewing "nonsense," some of the commenters didn't even mention RCN, and others merely "discuss[ed] issues (such as their customer service experience) unrelated to copyright infringement or Plaintiffs' allegations." The plaintiffs, attempting to prove that RCN "ignores piracy on its network" and is thus liable for its users' copyright infringement, "subpoenaed non-party Reddit for identifying information for eight Reddit users' accounts and then moved to compel Reddit's compliance after Reddit objected," Beeler wrote. "The users at issue posted comments over the years that, according to the plaintiffs, support the plaintiffs' claims," the ruling continued. "Reddit contends that there is no need for the discovery that outweighs the users' First Amendment right to speak anonymously online. The court denies the motion to compel and quashes the subpoena because on this record, the First Amendment bars the discovery." As Reddit previously argued, "Courts have long recognized that the First Amendment protects online anonymity and have established a stringent standard to use in precisely this scenario, where a litigant seeks to unmask users for the purpose of providing evidence in litigation that does not involve those users... Plaintiffs are far from meeting that strict standard here." The film studios claimed that "Reddit has not identified any potential harm to these users by disclosing the information" and said they had no intention of "seeking to retaliate economically or officially against these subscribers. Rather, Plaintiffs just wish to discuss the comments the subscribers made and use their comments as evidence that RCN monitors and controls the conduct of its subscribers, RCN has no meaningful policy for terminating repeat infringers, and this lax or no policy was a draw for using RCN's service." Page: 1 2 Next - reader comments 41 with Jon Brodkin Jon has been a reporter for Ars Technica since 2011 and covers a wide array of telecom and tech policy topics. Jon graduated from Boston University with a degree in journalism and has been a full-time journalist for over 20 years. Advertisement Channel Ars Technica - Previous story Next story - Related Stories Today on Ars * Store * Subscribe * About Us * RSS Feeds * View Mobile Site * Contact Us * Staff * Advertise with us * Reprints Newsletter Signup Join the Ars Orbital Transmission mailing list to get weekly updates delivered to your inbox. Sign me up - CNMN Collection WIRED Media Group (c) 2023 Conde Nast. All rights reserved. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement (updated 1/1/20) and Privacy Policy and Cookie Statement (updated 1/1 /20) and Ars Technica Addendum (effective 8/21/2018). Ars may earn compensation on sales from links on this site. 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