Privacy Rights Of Nonparty In Copyright Infringement Action.

Defendant operates in internet service through which users may upload and retrieve digital music files. Plaintiff brought an action in the New York trial court, alleging defendant infringed on copyrights afforded under New York common law. A nonparty publishes an online newsletter and published an article reporting an artist accused defendant of copyright infringement. Following the article there were numerous reader comments, two of which were written by someone identified as “Visitor,” who gave information apparently relevant to the action. Under the auspices of the New York court, defendant served a subpoena on the nonparty publisher to obtain “Visitor’s” identity. The nonparty refused to comply and defendant petitioned a California court pursuant to the Interstate and International Depositions and Discovery Act, [Code of Civil Procedure section 2029] for enforcement, and the California trial judge ordered the nonparty to comply. In a petition for extraordinary relief filed by the nonparty, it stated “Visitor’s” identify would not lead to discovery of admissible evidence in New York and that the information is protected by “Visitor’s” right to privacy. The appellate court agreed with both contentions and directed the trial court to vacate its order enforcing the subpoena. (Digital Music News, LLC v. Sup. Ct. (Escape Media Group, LLC) (Cal. App. Second Dist., Div. 1; May 14, 2014)226 Cal.App.4th 216.)