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Google Invokes First Amendment to Shield Gmail Users from Piracy Subpoena
https://torrentfreak.com/google-invokes-first-amendment-to-shield-gmail-users-from-piracy-subpoena/
Google Invokes First Amendment to Block Subpoena in Flava Worksâ Torrent Lawsuit
In a twist thatâs equal parts legal theater and digital rights drama, Google is hiding behind the First Amendment to avoid handing over subscriber data for 28 alleged BitTorrent piratesâmany of whom used Gmail addresses linked to suspected copyright infringement on the private tracker GayTorrent.ru.
Flava Works, an adult content producer known for aggressive anti-piracy tactics (including a $1.5M judgment against a file-sharer), sued 48 âJohn Doeâ defendants last year, claiming they shared its videos illegally. But identifying them has hit a wall: Google refused to disclose subscriber info, arguing that doing so for all listed defendantsânot just the alleged uploadersâcould violate free speech rights.
Hereâs why thatâs unusual:
- Typically, rightsholders get IP addresses from torrent swarms and subpoena ISPs to match them to real people.
- Flava says it already connected usernames/email addresses to specific IPsâbut only internally, via its own login logs.
- Googleâs stance suggests it worries about wrongful accusations, especially since email addresses â identities (a prior case misidentified someone whoâd never even used the account).
So now, Flava may move to compel Google in courtâand if it does, the judge will have to decide: Is protecting potential innocent users more important than helping copyright holders track infringers?
Meanwhile, Microsoft is playing niceâif Flava covers their costs.
This case could set a precedent on how much tech companies must aid copyright enforcement⌠and how much privacy gets weighed against piracy claims.
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