The court decides that the copyright law will not overturn Article 1 of the Constitutional Amendment, 'Anonymous Speech Protection.'
In response to a request to bring an anonymous Internet user who does not like it because of copyright infringement to the court, 'The
In re DMCA Sec. 512 (h) Subpoena to Twitter --Order Granting Motion to Quash | Electronic Frontier Foundation
https://www.eff.org/document/re-dmca-sec-512h-subpoena-twitter-order-granting-motion-quash
Victory! Court Rules That DMCA Does Not Override First Amendment's Anonymous Speech Protections | Electronic Frontier Foundation
https://www.eff.org/deeplinks/2022/06/victory-court-rules-dmca-does-not-override-first-amendments-anonymous-speech
In November 2021, an attempt was made to abuse copyright law to reveal the 'people in the middle' of an anonymous Twitter account. Anonymous Twitter user CallMeMoneyBags reportedly repeated criticisms about billionaire Brian Chess and other stakeholders in the investment fund Private Equity . Although it was not a sentence containing a strong accusation, CallMeMoneyBags tweeted a picture of Mr. Shes with a woman and tweeted 'The luxury of millionaires' including Mr. Shes's female relationship. I am accusing.
In response to this CallMeMoneyBags tweet, an organization called 'Bayside Advisory LLC' claimed that 'this photo is a copyright infringement' and submitted a 'DMCA summoning warrant' requesting Twitter to disclose the user who infringes the copyright. Did. Twitter is not sure who the Bayside Advisory LLC is, fearing that it may be an organization prepared by billionaire Shes for retaliation, etc., and requesting a DMCA subpoena because the disclosure standards of users are very high Was destroyed. However, Bayside Advisory LLC copyrighted six photos after CallMeMoneyBags tweeted, 'a conflict between Bayside Advisory LLC asking for user disclosure because of copyright infringement and Twitter asking for the right to post anonymously. 'Has become clear.
In a lower court ruling, CallMeMoneyBags said he had to declare that 'the photos he posted were copyrighted to him,' and Twitter notified his account in accordance with the ruling. CallMeMoneyBags did not respond to this, and the court ruled in January 2022 that 'Twitter needs to identify the person behind the account in order to establish fair use .' ..
As a result of Twitter's request to the district court for the ruling, a district court in Northern California said, 'If the user's tweet is only focused on whether it is fair use, the judge's ruling is the constitutional amendment. We are avoiding Article 1 'and submitted a third-party opinion,' Amikas Brief . ' According to the district court, when requesting user disclosure due to copyright infringement, 'the requester must show that his claim has legal merits.' 'The court is anonymous by making the disclosure. It is necessary to clear the two important points that 'it is necessary to balance the harm caused to the user and the necessity of disclosure on the side requesting disclosure', and Bayside Advisory LLC, which requested disclosure this time, has both requirements. He said he didn't meet.
The district court also dismissed the allegation that 'Twitter cannot raise a constitutional argument on behalf of the user,' with no anonymous user appearing in court against the DMCA subpoena. The ruling requires the court to always be in the position of the user when an online service like Twitter seeks to protect its rights in court, and the court agrees. Shows the attitude to do. The Electronic Frontier Foundation , which claims the right to free speech, said, 'I am pleased with the district court's decision to ensure that the DMCA subpoena cannot be used as a loophole in the protection of the First Amendment.'
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in Security, Posted by log1e_dh