September 10,2018:

A John Doe (Anonymous) lawsuit was filed by Cobbler Nevada LLC, the company which holds the copyright of the film “The Cobbler”.

Lawsuit was filed by Cobbler Nevada LLC when it traced that film “The Cobbler” was being downloaded and uploaded to the internet protocol address illegally. Though the case was filed under

John Doe (anonymous), but subsequently the plaintiff learnt that IP address was registered under the name of Thomas Gonzales.

Gonzales is the owner of an adult care foster care facility in Poland, Oregon, with many people having access to internet connection under his name. However, he was the only named defendant accused of both infringing the copyright himself and contributing to it by not policing his internet connection.

However the court said that the claim fails because solely the infringing Internet Protocol (IP) being under his name is not enough to prove that he is also an infringer. Moreover, imposing such a duty would put any subscriber of internet service at risk if he shares access with family members or roommates, or if he is not technologically savvy enough to secure internet connection to block access by a frugal neighbour.

The court said that the plaintiff must show intentional encouragement or inducement of infringement on the defendant’s side.

Therefore on August 27th the San Francisco-based 9th U.S. Circuit Court of Appeals issued a decision which upheld the dismissal of a copyright infringement case appealed from the District of Oregon.

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