Pacific Century International, Ltd. v. Does
Encyclopedia
Pacific Century International, Ltd. v. Does 1-101 is a court case where Pacific Century International requested to subpoena
the names and identities of 101 BitTorrent users (elsewhere noted as Does
) whose IP Address
es were tied to downloading one of their copyright
ed works. The resulting court decision permitted Pacific Century International to subpoena the identity of Doe 1, but dismissed claims against Does 2-101 for failure to demonstrate that the Does had operated as a single group while distributing the torrent, preventing each users' subpoena request from being enjoined
into a single court filing. This case set a precedent for disallowing filings against large groups of IP addresses used to distribute copyrighted works over peer-to-peer networks.
in order to obtain their "name, address, telephone number, e-mail address, and Media Access Control information". Due to the limited time ISPs keep such logs, Pacific Century International requested that expedited discovery be permitted.
The court's justification for overcoming these safeguards and granting expedited discovery follows previous precedent set down by UMG Recordings, Inc. In this previous ruling, the courts determined a test for subpoenaing the identities of unnamed Does:
Following this same test, the court determined the plaintiff could subpoena the identities of the Does.
acted in concert.'" The court stated that if one swarm
of users disseminates a low-quality version of a video, and a second swarm a high-quality version, the two cases cannot be joined as they participated in two separate crimes.
Pacific Century International countered that the Does listed as defendants did download exactly the same file, as indicated by the hash
of the file being distributed. However, the court stated the mere distribution of the same file does not prove that the users of the peer-to-peer network operated in concert as a single swarm. Specifically, the court raised concerns whether a unique file uploaded to multiple trackers
would result in non-overlapping swarms, or whether any scenario existed where even though the same file was distributed, disjoint swarms arose that would never interact. Due to a lack of evidence, the court ultimately concluded that simply downloading the same copyrighted file was not proof the users identified acted in concert, and therefore could not be combined into a single case. As a result, the court dismissed all claims against Does 2-101, while allowing the subpoena for Doe 1 to move forward.
Subpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
the names and identities of 101 BitTorrent users (elsewhere noted as Does
John Doe
The name "John Doe" is used as a placeholder name in a legal action, case or discussion for a male party, whose true identity is unknown or must be withheld for legal reasons. The name is also used to refer to a male corpse or hospital patient whose identity is unknown...
) whose IP Address
IP address
An Internet Protocol address is a numerical label assigned to each device participating in a computer network that uses the Internet Protocol for communication. An IP address serves two principal functions: host or network interface identification and location addressing...
es were tied to downloading one of their copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
ed works. The resulting court decision permitted Pacific Century International to subpoena the identity of Doe 1, but dismissed claims against Does 2-101 for failure to demonstrate that the Does had operated as a single group while distributing the torrent, preventing each users' subpoena request from being enjoined
Joinder
Joinder is a legal term, which refers to the process of joining two or more legal issues together to be heard in one hearing or trial. It is done when the issues or parties involved overlap sufficiently to make the process more efficient or more fair...
into a single court filing. This case set a precedent for disallowing filings against large groups of IP addresses used to distribute copyrighted works over peer-to-peer networks.
Background
Pacific Century International controlled the copyright of Amateur Creampies -- Erin Stone (“the Work”) and sought to reveal the identities of Does 1-101 whom Pacific Century International contended had committed copyright infringement under by downloading and distributing Pacific Century International's work over BitTorrent. In order for copyright violations to be brought against the defendants, Pacific Century International sought to subpoena each defendant's ISPInternet service provider
An Internet service provider is a company that provides access to the Internet. Access ISPs directly connect customers to the Internet using copper wires, wireless or fiber-optic connections. Hosting ISPs lease server space for smaller businesses and host other people servers...
in order to obtain their "name, address, telephone number, e-mail address, and Media Access Control information". Due to the limited time ISPs keep such logs, Pacific Century International requested that expedited discovery be permitted.
Expedited Discovery
In determining whether expedited discovery could be used to subpoena the identities of Does 1-101, the court considered Columbia Insurance Company, 185 F.R.DPeople who have committed no wrong should be able to participate online without fear that someone who wishes to harass or embarrass them can file a frivolous lawsuit and thereby gain the power of the court's order to discover their identity.
Thus some limiting principals should apply to the determination of whether discovery to uncover the identity of a defendant is warranted. The following safeguards will ensure that this unusual procedure will only be employed in cases where the plaintiff has in good faith exhausted traditional avenues for identifying a civil defendant ...
The court's justification for overcoming these safeguards and granting expedited discovery follows previous precedent set down by UMG Recordings, Inc. In this previous ruling, the courts determined a test for subpoenaing the identities of unnamed Does:
(1) a sufficiently “concrete showing of a prima faciePrima faciePrima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a...
claim of actionable harm,” including the specific dates and times of the acts alleged; (2) “the specificity of the discovery request”; (3) the absence of alternative means of discovering the users’ identities; (4) the centrality of the need for this information; and (5) in light of the terms of the users’ ISP service agreement, their lack of a reasonable expectation of privacy with respect to the downloading and distribution of copyrighted works.
Following this same test, the court determined the plaintiff could subpoena the identities of the Does.
Joinder
While the court found that the identity tied to an IP address could be subpoenaed, it also restricted doing so for all users disseminating a file over a peer-to-peer network due to a lack of evidence that each defendant collaborated in the same crime. Specifically, the court cites Io Group, Inc. v. Does 1-435 which states that while users may download the same file, it "does not necessarily indicate that they are 'connected to the same transaction, occurrence or series of transactions of occurrences, or . . . show they specificallyacted in concert.'" The court stated that if one swarm
Segmented downloading
Segmented downloading can be a more efficient way of downloading files from many peers at once. The one single file is downloaded, in parallel, from several distinct sources or uploaders of the file...
of users disseminates a low-quality version of a video, and a second swarm a high-quality version, the two cases cannot be joined as they participated in two separate crimes.
Pacific Century International countered that the Does listed as defendants did download exactly the same file, as indicated by the hash
Hash function
A hash function is any algorithm or subroutine that maps large data sets to smaller data sets, called keys. For example, a single integer can serve as an index to an array...
of the file being distributed. However, the court stated the mere distribution of the same file does not prove that the users of the peer-to-peer network operated in concert as a single swarm. Specifically, the court raised concerns whether a unique file uploaded to multiple trackers
BitTorrent tracker
A BitTorrent tracker is a server that assists in the communication between peers using the BitTorrent protocol. It is also, in the absence of extensions to the original protocol, the only major critical point, as clients are required to communicate with the tracker to initiate downloads...
would result in non-overlapping swarms, or whether any scenario existed where even though the same file was distributed, disjoint swarms arose that would never interact. Due to a lack of evidence, the court ultimately concluded that simply downloading the same copyrighted file was not proof the users identified acted in concert, and therefore could not be combined into a single case. As a result, the court dismissed all claims against Does 2-101, while allowing the subpoena for Doe 1 to move forward.