Signature Management Team, LLC v. Doe, No. 16-2188 (6th Cir. 2017)Annotate this Case
Team sells materials to help individuals profit in multi-level marketing businesses. Doe anonymously runs the “Amthrax” blog, in which he criticizes multi-level marketing companies and Team. Doe posted a hyperlink to a downloadable copy of the entirety of “The Team Builder’s Textbook,” copyrighted by Team. After Team served the blog’s host with a take-down notice under the Digital Millennium Copyright Act, 17 U.S.C. 512, Doe removed the hyperlink. Team filed suit, seeking only injunctive relief and that the court identify Doe. Doe asserted fair-use and copyright-misuse defenses and that he has a First Amendment right to speak anonymously. The court ultimately entered summary judgment for Team, found that unmasking Doe “was unnecessary to ensure that defendant would not engage in future infringement” and that “defendant has already declared ... that he has complied with the proposed injunctive relief” by destroying the copies of the Textbook in his possession such that “no further injunctive relief is necessary.” The Sixth Circuit remanded with respect to unmasking Doe; the district court failed to recognize the presumption in favor of open judicial records.