Published by Thompson Bukher - August 2, 2016 - Firm News

Atlantic Records has petitioned the New York Supreme Court to compel Reddit to reveal an anonymous poster’s IP address in connection with the recent leak of Twenty One Pilot’s “Heathen.” The song is set to be featured on the yet-to-be-released Suicide Squad film  soundtrack. Atlantic claims that a pre-release version of the song was likely leaked by an employee in violation of the company’s non-disclosure agreements.

The New York Law Journal consulted the firm’s Tim Bukher on the internet discovery issues:

Tim Bukher, a name partner at the Manhattan boutique of Thompson Bukher, which focuses on internet and digital media law, agreed that Atlantic’s petition for the subpoena is likely to be granted. But Bukher pointed out that “there is no law, per se, against linking to a potentially infringing file.”

“It may be that Atlantic is forced to show the court more,” he said, “that the poster himself uploaded the file and linked to it for the specific purpose of copying and reproduction, not just to share it.”

Bukher also pointed out that New York state courts offer a mechanism for a party to get preliminary discovery before actually filing a complaint, which could speed up the process. In federal court, he said, Atlantic would likely have filed a copyright infringement action and then sought a subpoena.

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If you have questions about internet discovery or trade secrets claims, please contact Tim Bukher or any member of the Thompson Bukher Internet, Media & Privacy practice at (212) 920-6050.

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