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London-Sire Records, Inc. v. Doe 1 | 542 F. Supp. 2d 153 (2008)
Under United States copyright law, copyright holders have the exclusive right to distribute their copyrighted phonorecords. Phonorecords are defined as material objects in which sound recordings are fixed. But does the phrase material objects mean that the distribution right is limited to physical, tangible objects? The federal district court in Massachusetts addressed this question in the 2008 case London-Sire Records versus Doe.
Anonymous John Doe computer users, primarily students, used peer-to-peer software to share electronic files containing copyrighted music with each other. London-Sire Records and several other record companies sued the John Does for copyright infringement in the Massachusetts federal district court. London-Sire then subpoenaed the John Does’ internet service providers, primarily colleges and universities, to reveal their identities.
Three John Does moved to quash the subpoenas, arguing that revealing their identities would violate their First Amendment rights to both anonymous speech and creative activity through sharing music. The John Does further argued that London-Sire had failed to allege an actionable harm under copyright law. More specifically, the John Does argued that they never actually distributed any electronic files containing copyrighted music and, in any event, London-Sire’s distribution right was limited to physical, tangible objects.
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