clarkBENT
08-29-2018, 06:24 AM
https://torrentfreak.com/ip-address-is-not-enough-to-identify-pirate-us-court-of-appeals-rules-180828/
In this copyright action, we consider whether a bare
allegation that a defendant is the registered subscriber of an
Internet Protocol (“IP”) address associated with infringing
activity is sufficient to state a claim for direct or contributory
infringement. We conclude that it is not.
After tracing infringement of its copyrights to a
particular IP address, Cobbler Nevada, LLC filed suit against
the John Doe IP address for direct and contributory
copyright infringement. Cobbler Nevada soon discovered
that the IP address was registered to Thomas Gonzales, who
operated an adult foster care home. Cobbler Nevada then
amended its complaint to name Gonzales as the sole
defendant, alleging that he directly infringed by copying and
distributing copyrighted works himself or, in the alternative,
contributed to another’s infringement by failing to secure his
internet connection.
The district court properly dismissed Cobbler Nevada’s
claims. The direct infringement claim fails because
Gonzales’s status as the registered subscriber of an
infringing IP address, standing alone, does not create a
reasonable inference that he is also the infringer. Because
multiple devices and individuals may be able to connect via
an IP address, simply identifying the IP subscriber solves
only part of the puzzle. A plaintiff must allege something
more to create a reasonable inference that a subscriber is also
an infringer. Nor can Cobbler Nevada succeed on a
contributory infringement theory because, without
allegations of intentional encouragement or inducement of
infringement, an individual’s failure to take affirmative steps
to police his internet connection is insufficient to state a
claim.
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/08/27/17-35041.pdf
In this copyright action, we consider whether a bare
allegation that a defendant is the registered subscriber of an
Internet Protocol (“IP”) address associated with infringing
activity is sufficient to state a claim for direct or contributory
infringement. We conclude that it is not.
After tracing infringement of its copyrights to a
particular IP address, Cobbler Nevada, LLC filed suit against
the John Doe IP address for direct and contributory
copyright infringement. Cobbler Nevada soon discovered
that the IP address was registered to Thomas Gonzales, who
operated an adult foster care home. Cobbler Nevada then
amended its complaint to name Gonzales as the sole
defendant, alleging that he directly infringed by copying and
distributing copyrighted works himself or, in the alternative,
contributed to another’s infringement by failing to secure his
internet connection.
The district court properly dismissed Cobbler Nevada’s
claims. The direct infringement claim fails because
Gonzales’s status as the registered subscriber of an
infringing IP address, standing alone, does not create a
reasonable inference that he is also the infringer. Because
multiple devices and individuals may be able to connect via
an IP address, simply identifying the IP subscriber solves
only part of the puzzle. A plaintiff must allege something
more to create a reasonable inference that a subscriber is also
an infringer. Nor can Cobbler Nevada succeed on a
contributory infringement theory because, without
allegations of intentional encouragement or inducement of
infringement, an individual’s failure to take affirmative steps
to police his internet connection is insufficient to state a
claim.
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/08/27/17-35041.pdf