Reddit and Film Companies Clash in Appeals Court Over Sharing Users’ IP Addresses

Reddit has gone head-to-head with a group of filmmakers over the past two years, aiming to protect the privacy of its users.

In three separate cases, the filmmakers subpoenaed Reddit for details of users who commented on various piracy related topics.

The movie companies said they are not planning to go after these people in court but want to use their comments as evidence in ongoing piracy liability lawsuits against Frontier Communications and other internet providers.

For example, the rightsholders argued that the Redditors’ comments are key evidence to show that ISPs didn’t implement a suitable repeat infringer policy, and that subsequently acted as a draw to pirating subscribers.

Reddit views the requests as intrusive. The company objected to the initial attempt, arguing that handing over the requested information would violate users’ First Amendment right to anonymous speech. Reddit later responded similarly to a second and third subpoena request.

The movie companies took these cases to a federal court, asking it to compel Reddit to comply. The court refused to do so, on several occasions and for varying reasons.

Court of Appeals

The film companies, including Killing Link Distribution and movant Voltage Holdings, disagreed with the lower court decisions. They appealed to the Ninth Circuit Court of Appeals, requesting a reversal.

In their opening brief at the Ninth Circuit, the movie companies stress that the users’ IP addresses requested in the DMCA subpoena are key evidence to show that Frontier is liable for its subscribers’ copyright infringements.  

“Particularly, the IP addresses show that the users who made incriminating comments were, one, making these comments from Frontier’s Internet service, and two, had shared pirated copies of Appellants’ Works from the IP addresses.

“Further, the IP addresses are necessary to show that the users who boasted that Frontier took no action in response to DMCA notices were indeed users of Frontier’s service and thereby rebut Frontier’s safe harbor defense,” the movie companies add.

First Amendment?

Thus far, the movie companies haven’t had much success with these DMCA subpoenas against Reddit. However, U.S. District Court Judge James Donato offered some hope. While the court ultimately denied the request for a ‘de novo’ review this summer, it offered a different view on the First Amendment angle.

Unlike the earlier decisions, including that of the magistrate judge, Judge Donato didn’t see this as an anonymous speech matter.

“I don’t think this is a First Amendment case. It’s plain as day that these people were saying that they were involved in copyright infringement, and First Amendment does not protect infringing conduct,” the Judge said at a hearing.

Instead, the DMCA subpoena was denied because the requested information doesn’t justify the discovery burden on Reddit. The result is the same for the movie companies, but the courts’ varying reasons are part of the motivation to appeal.

Reddit Responds

Last month, Reddit responded to the opening brief, requesting the Court of Appeals to affirm that the DMCA subpoena should be quashed. This conclusion can be reached based on the lower court’s finding that the value of the requested information fails to justify the burden.

In addition, Reddit stresses that, contrary to Judge Donato’s finding, the First Amendment right to anonymous speech does come into play here as well.

“The anonymous speech targeted by the subpoena is unquestionably protected by the First Amendment. Talking about pirating movies is not copyright infringement, and even the ‘advocacy of illegal acts’ is ‘within the First Amendment’s core’,” Reddit writes in its answer.

Whether the court quashes the DMCA subpoena based on the ‘First Amendment’ or the ‘undue burden’ argument is irrelevant to the outcome of this case, Reddit notes. In both cases, it should be quashed.

“This Court should affirm the district court’s quashing of the subpoena because, at best, it is nothing more than a fishing expedition, and at worst, it is a targeted attempt to intimidate Reddit users and chill their speech,” Reddit notes.

EFF Chimes In

Reddit’s position is supported by the Electronic Frontier Foundation (EFF) which filed an amicus curiae brief at the Court of Appeals. The group agrees that the motion can be quashed for ‘undue burden’ but it is particularly interested in the anonymous speech angle.

EFF warns that Judge Donato’s remark shouldn’t trump existing jurisprudence. Instead, the Court of Appeals should follow the reasoning of the magistrate judge’s analysis regarding anonymous speech.

“It is well established that the First Amendment’s robust protections for anonymous speech apply to online speakers, and that they cannot be unmasked unless the party seeking to identify them can meet a heightened standard.

“It is also clear that there is no copyright exception to this rule,” EFF adds.

Movie Companies Double Down

Last week, the movie companies responded to arguments presented by Reddit and the EFF. According to their filing, Reddit did not raise the undue burden initially and there is no evidence on the record to suggest that it will be burdened by the DMCA subpoena request.

The appellants also counter the First Amendment arguments, stressing that there is no evidence that disclosing the IP-addresses of the six Redditors will chill any protected speech.

“The Reddit users’ comments are not protests of copyright laws or even discussion of copyright laws as described by Reddit but boasts of ‘deliberate unlawful copying [that] is no less an unlawful taking of property than garden variety theft,” they write.

In addition, the movie companies deny that there’s any “unmasking” involved here, as they are not asking for names and phone numbers (anymore). They claim the IP addresses will confirm that the Reddit users are Frontier subscribers, so the DMCA subpoena should be allowed.

All in all, it’s clear that both sides have entirely different views on the matter. The Ninth Circuit Court of Appeals will take a closer look, and ultimately come to a decision.

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A copy of the referenced opening brief is available here (pdf). Here are copies of Reddit’s response (pdf), EFF’s amicus curiae brief (pdf), and the movie companies’ reply (pdf)

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