Legal routes to filing suit through the shield of anonymity

It is painfully obvious that the DMCA is worthless. In a situation where a copyrighted product, image, or other work is on file with the U.S. Library of Congress Copyright Office the DMCA provides absolutely no protection. The faulty party just files a counter claim and the content is restored under law.

So where does that leave us? I am in a position to file suit against another member via Pro Se while following the the strict advice of qualified legal counsel. What means will Linden Lab provide in providing the plantiff in any case the identity of a defendent to have them served? Will Linden Lab act as a 3rd party and contact the defendants local sheriff's office to have them served?

I do not plan on sitting idle while allowing SL bullies take advantage of me. So please provide the community with an answer, because I plan on going forward with legal action against certain individuals.

While this shield of anonymity is used by thieves to copy others work and profit from it as well, these thieves KNOW that they cannot be prosecuted because no one knows their true identity, address, or other identifying information which would allow anyone to file suit against them. Right now, the only way to prosecute them is publicly in these forums, which is impossible to do without having the thread locked.

So I beg you, please tell us:

1. Under what circumstances will LL provide identifying information about another resident (Pro Se)?
2. What procedure should we follow to request such information (Pro Se)?
3. When a case is filed, will LL provide the court with documentation regarding the matters at hand upon request of the court?

I am not asking your legal advice as I have an attorney to provide that for me. I am asking you to explain to the community what Linden Lab's position is regarding the shield of anonymity when one wishes to file suit agaist another resident.

Thank you kindly,
MadamG Zagato

I think Ginsu's going through your specific issue at present! Let me check with him.

The DMCA process requires that we provide a copy of a counter-notification to the party that filed the notification. The counter-notification is required to be filed by a party authorized to act on behalf of the person claiming non-infringement. Therefore, if you are the party claiming infringement, and a counter-notification is filed, you will receive a copy of the counter-notification which shows the name and contact information of a person representing the party that you believe infringed.

In addition, Linden Lab will comply with applicable law regarding subpoenas, including Section 512 of the DMCA:

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Subpoena To Identify Infringer.—

(1) Request.— A copyright owner or a person authorized to act on the owner’s behalf may request the clerk of any United States district court to issue a subpoena to a service provider for identification of an alleged infringer in accordance with this subsection.

(2) Contents of request.— The request may be made by filing with the clerk—

(A) a copy of a notification described in subsection (c)(3)(A);
(B) a proposed subpoena; and
(C) a sworn declaration to the effect that the purpose for which the subpoena is sought is to obtain the identity of an alleged infringer and that such information will only be used for the purpose of protecting rights under this title.

(3) Contents of subpoena.— The subpoena shall authorize and order the service provider receiving the notification and the subpoena to expeditiously disclose to the copyright owner or person authorized by the copyright owner information sufficient to identify the alleged infringer of the material described in the notification to the extent such information is available to the service provider.

(4) Basis for granting subpoena.— If the notification filed satisfies the provisions of subsection (c)(3)(A), the proposed subpoena is in proper form, and the accompanying declaration is properly executed, the clerk shall expeditiously issue and sign the proposed subpoena and return it to the requester for delivery to the service provider.

(5) Actions of service provider receiving subpoena.— Upon receipt of the issued subpoena, either accompanying or subsequent to the receipt of a notification described in subsection (c)(3)(A), the service provider shall expeditiously disclose to the copyright owner or person authorized by the copyright owner the information required by the subpoena, notwithstanding any other provision of law and regardless of whether the service provider responds to the notification.

(6) Rules applicable to subpoena.— Unless otherwise provided by this section or by applicable rules of the court, the procedure for issuance and delivery of the subpoena, and the remedies for noncompliance with the subpoena, shall be governed to the greatest extent practicable by those provisions of the Federal Rules of Civil Procedure governing the issuance, service, and enforcement of a subpoena duces tecum.
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