Software & Information Industry Association Says D.C. Court Decision is a Victory for Piracy Whistleblowers

WASHINGTON, Jan. 18, 2012 /PRNewswire-USNewswire/ -- The Software & Information Industry Association announced today that the D.C. Court of Appeals has ruled that an individual who reported alleged software piracy to SIIA is entitled to remain anonymous.  The case centered on the efforts of Solers  Inc., a Virginia-based technology company, to unmask an anonymous informant who had accused it of software piracy and filed a report with SIIA.  

Solers complained of defamation, and served a subpoena upon SIIA that demanded the identity of the informant.  SIIA contested the subpoena, noting that in the two-decade history of its anti-piracy program, it has never disclosed the identity of any informant that wished to remain anonymous.  SIIA asserted that Solers' allegations did not trump the anonymous speech rights of the informant, and the appellate court agreed, ruling that  Solers' allegations of defamation were insufficient to overcome the First Amendment rights of an individual ("John Doe") to engage in anonymous criticism.   

Scott Bain, SIIA's Chief Litigation Counsel & Director of Internet Anti-Piracy, commented:   "The appellate decision is an important vindication of the First Amendment speech rights of informants or whistleblowers. It helps ensure that those individuals reporting piracy to SIIA and other enforcement organizations may remain anonymous, which is critical for encouraging the socially beneficial act of reporting piracy or other alleged corporate misconduct.  This decision sets a solid First Amendment precedent that will benefit SIIA, other associations, and publishers here in D.C., and is a persuasive roadmap for other jurisdictions."

Keith Kupferschmid, SIIA's General Counsel and Senior Vice President for Intellectual Property Policy & Enforcement, added: "Our sources take risks in reporting software piracy and we take very seriously the significant concerns they may have about their identities being disclosed.  As the Solers case demonstrates, SIIA will stop at nothing to protect the identities of those who report software and content piracy to SIIA in confidence." 

The D.C. Court of Appeals opinion is available here:  http://siia.net/index.php?option=com_docman&task=doc_download&gid=3257&Itemid=318.

About SIIA

The Software & Information Industry Association (SIIA) is the principal trade association for the software and digital content industry. SIIA provides global services in government relations, business development, corporate education and intellectual property protection to more than 500 leading software and information companies. For further information, visit www.siia.net.

SIIA Communications Contact: Laura Greenback, 202.789.4461, [email protected]
PR Agency Contact: Beth Dozier, 202.429.1883, [email protected]

SOURCE Software & Information Industry Association

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