Eric Goldman discusses a case involving the unmasking of a pseudoanonymous Twitter user via a 512(h) subpoena. Don’t know what that is? Neither did I. Read on:
This case involves the Twitter account “@CallMeMoneyBags,” a pseudonymous account. In October 2020, the user posted 6 tweets attacking Brian Sheth, a private equity billionaire, that included photos “depicting a woman or portions of a woman’s body.” The opinion doesn’t clarify who is depicted in the photos or who owns those photos, other than to note that “Bayside registered its copyrights in the photos on November 2, 2020.” The relationship between Sheth and Bayside is unclear; but allegedly Bayside isn’t owned or controlled by Sheth, leaving open the important and obvious question of why Bayside is undertaking this enforcement action. After some back-and-forth, Bayside submitted a takedown request through Twitter’s online form and Twitter honored it.
Bayside followed up with a 512(h) subpoena request. If you don’t recall this procedure, it says that after sending a 512(c)(3) takedown notice, a copyright owner can get, as a matter of right, an unmasking subpoena.
Read more at Technology & Marketing Law Blog.