As use of the Internet grows, so too does the prevalence of cyber torts and related litigation. One of the biggest challenges facing potential plaintiffs in these cases often lies in identifying who the defendants are and where they are located. These determinations present distinct if not unique procedural wrinkles and have become something of a proving ground for new approaches to classic problems. In this fast-developing area, where courts and litigants are educating themselves and becoming increasingly sophisticated, new issues evolve as others are resolved. A pair of recent decisions from the U.S. District Court for the Southern District of New York, both involving efforts by copyright holders to identify infringers known only by their Internet Protocol (IP) addresses, illustrate the competing interests at stake and some of the outcome-influencing factors in these cases.

Southern District Judge Paul A. Crotty’s decision in Digiprotect USA Corp. v. Does 1-240,1 and Southern District Judge Alison J. Nathan’s decision in Digital Sin Inc. v. Does 1-176,2 each concerned efforts by copyright holders of different “adult” films to pursue infringement claims against individuals who had allegedly used a software called BitTorrent to download and distribute unauthorized copies of the films in question through peer-to-peer networks.

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