Question: Sony and others own the copyrights and exclusive licenses to
Sony and others own the copyrights and exclusive licenses to their various sound recordings. Without permission, 40 unidentified individuals (called Does) used "Fast Track," an online media distribution system-or "peer to peer" ("P2P") file-copying network-to download hundreds or thousands of copyrighted sound recordings. Sony was able to identify Cablevision as the Internet service provider (ISP) to which the Does subscribed. Sony did so by using a publicly available database to trace the Internet Protocol (IP) address for each Doe. As a condition of providing its Internet service, Cablevision requires its subscribers to agree to its "Terms of Service" under which "[t]ransmission or distribution of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization." On January 26, 2004, the court issued an order granting Sony the right to serve a subpoena upon Cablevision to obtain the identity of each Doe by requesting the name, address, telephone number, e-mail address, and Media Access Control address for each defendant. On February 23, 2004, Cablevision complied with the subpoena and provided relevant information about the Jane and John Does. [Sony Music Entertainment Inc. v. Does, 326 F. Supp. 2d 56 (S.D.N.Y.)]
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