On The Internet, Everyone Might Find Out That You Are A Dog
FindLawBy Eric Sinrod
Long ago and far away (less than a decade go, in fact) when the Internet first became a widely accessed medium for communication, the potentially anonymous nature of Cyberspace was highlighted by a famous cartoon depicting a dog surfing the Net with a caption that read, "On the Internet, nobody knows that you are a dog." Well, those days may be coming to an end on at least a couple of fronts, and the days of assured Cyber anonymity may be a thing of the past.
As you might know, Google recently purchased YouTube for more than $1 billion. YouTube, of course, displays all sorts of videos for public viewing (indeed, as I write this column, I am multi-tasking and watching Bob Marley, Eric Clapton, Grateful Dead, and Sinead O'Connor videos on YouTube). Not terribly surprisingly, there has been some uproar about copyrighted videos showing up on YouTube.
And most recently, a film studio called Magnolia Pictures owned by technology/media entrepreneur Mark Cuban has sought relief from a federal court in Dallas that would force Google in response to a subpoena to identify certain people who are alleged to have anonymously have placed copyrighted videos on YouTube.
Google very well may provide notice directly to the persons who posted the videos, so that if they want to protect their own anonymity, they can file motions to quash the subpoena. If such motions are not filed, Google then probably would comply with the subpoenas and provide the requested identities.
If motions are filed, then the court would be called upon to determine whether the anonymous posters should have the identities unmasked. The key inquiry would be whether the posters' right to communicate and act anonymously on the Internet is outweighed by the damage they allegedly have caused and the need to uncover who they are so that further damage would not be caused and prior damage can be redressed.
In another context, it has been asserted that a high-level member of Wikipedia has used his anonymity to falsely claim that he is a professor of religion supposedly to heighten the credibility of his contributions to the free Internet encyclopedia.
While the founder of Wikipedia reportedly has stated that contributors still will be able to contribute anonymously, they only should be entitled to cite professional expertise in a subject if such credentials have been verified. Of course, such verification ultimately could lead to identity revelation.
This potentially could stifle what has been behind Wikipedia's phenomenal growth - as anonymity has been credited for the millions of freely submitted articles and the focus on content rather than on the authors of the content.
But let's face it, anonymously posted content can violate the law, such as infringing on copyrighted works, and it can be false. When that happens, aggrieved parties often will seek to put a stop to the content and will seek recompense. To do so, they will seek the identities of the posters.
So, if you bark on the Internet, people might find out that you in fact are a dog!
Eric Sinrod is a partner in the San Francisco office of Duane Morris LLP (http://www.duanemorris.com) where he focuses on litigation matters of various types, including information technology and intellectual property disputes. His Web site is http://www.sinrodlaw.com and he can be reached at ejsinrod@duanemorris.com. To receive a weekly email link to Mr. Sinrod’s columns, please send an email to him with Subscribe in the Subject line.
This column is prepared and published for informational purposes only and should not be construed as legal advice. The views expressed in this column are those of the author and do not necessarily reflect the views of the author’s law firm or its individual partners.
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