Confidentiality of Piracy Reports to SIIA Upheld

WASHINGTON, Aug. 24 /PRNewswire/ -- Software & Information Industry Association (SIIA) announced a judgment today in a case that has important implications for those interested in reporting software piracy. Overruling a subpoena seeking a source's identity, the DC Superior Court ruled that the confidentiality of those who report piracy is protected.

This decision breaks new legal ground in the District of Columbia and sets important case precedent. It preserves the integrity of SIIA's mission to protect its member software companies' intellectual property and ensures confidentiality to individuals who report software piracy to SIIA.

"We are extremely pleased by the Court's decision," said Keith Kupferschmid, SIIA Vice President, Intellectual Property Policy & Enforcement. "In the 20 years we have been conducting software anti-piracy programs, we have always strongly opposed any attempt at mandatory disclosure of the identity of anyone who reports piracy to us. In this case, we opposed disclosure at every turn and were pleased that the Court agreed with us. SIIA's interests in protecting the identity of those who report piracy outweigh the interests of those who have been reported."

SIIA is a software and content trade association that, among other services, helps members root out software piracy. One way that it does this is through an Internet-based reporting form that allows confidential reporting of suspected piracy to SIIA. Where SIIA believes a report is well-grounded, it pursues claims on the members' behalf.

In 2005, a concerned individual reported Solers, Inc., an Arlington, Virginia defense contractor, for alleged software piracy. When contacted about the allegation, Solers denied any wrongdoing. SIIA did not pursue a claim against Solers and made no determination that it had engaged in piracy. However, Solers filed a "John Doe" defamation claim in D.C. against the anonymous informant and subpoenaed SIIA seeking the person's identity.

SIIA argued that Solers could not force the association to reveal the informant without clearing a high First Amendment hurdle. Against vigorous opposition from a determined plaintiff, SIIA prevailed. Judge Blackburne- Rigsby agreed with SIIA's legal arguments in her 9-page decision. The Court found that Solers had not proven any injury from the alleged defamation. The Court quashed the subpoena, ruling that SIIA was not required to disclose the source's identity.

This is the first time that a D.C. court has denied a John Doe subpoena and protected an anonymous source. The lynchpin of SIIA's program -- the anonymity of people who contact the SIIA Anti-Piracy Program -- is preserved.

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 800 leading software and information companies. For further information visit http://www.siia.net/.

About SIIA Anti-Piracy Programs

The Software & Information Industry Association's Anti-Piracy Division conducts comprehensive, industry-wide campaigns to fight software and content piracy. The pro-active campaigns are premised on the notion that one must balance enforcement with education in order to be effective. For information on SIIA's software and content anti-piracy programs, please see http://www.siia.net/piracy.

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