Publication

Newsflash - Copyright Trolls vs. Subscriber Information: The Approaches Taken by Canada, the United States and the United Kingdom

Marguerite Ethier contributed an article to the newsletter of the International Section of the California Bar Association.

"Canada, the United States, and the United Kingdom have all taken different approaches to the problem of copyright trolls seeking subscriber information from ISPs for the purpose of pursing potential litigation against those individuals.  Frequently, the plaintiffs are participants in the adult film industry.  In such cases, it is common that the disclosure of subscriber information does not lead to actual litigation but rather only to nuisance settlements and attempts by potential defendants to avoid embarrassment.  However, whether or not the plaintiff is involved in the adult film industry, the disclosure of subscriber information mandates a balancing between the privacy interests of the potential defendant versus the copyright ownership interest enjoyed by plaintiff..."