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Pages:
2 pages/≈550 words
Sources:
1 Source
Level:
MLA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 8.64
Topic:

Case Briefing (Essay Sample)

Instructions:

Case Briefing: Dendrite International Inc. vs. John Doe et al.; 775 U.S. 756 (2001).

source..
Content:
Student’s Name
Professor
Course
Date
Case Briefing: Dendrite International Inc. vs. John Doe et al.; 775 U.S. 756 (2001).
Facts:
Dendrite International is a company that majored in developing and servicing the software for the pharmaceutical industry. In 2001, it brought a lawsuit in New Jersey against fourteen “John Does” for posting defamatory messages and revealing Dendrite’s trade secrets in Yahoo message boards.
Procedure:
Dendrite went to court seeking a motion for “pre-action” discovery of the hidden identities that posted the information online. It sought permission to take discovery from Yahoo in obtaining this request. The court allowed a limited discovery of John Doe 1 and 2 but denied them an order to identify John Doe 3. It turned out that Doe 1 and 2 were former employees of the Dendrite forcing the plaintiff to appeal.
Issue:
How far does the First Amendment go in protecting the privacy rights of American citizens? Does it prevent the discovery of identifying the information of internet users?
Holding:
The plaintiff needed to produce further evidence that supported the cause of action prior to the court ordering the disclosure of the disallowed “John Does”
Rationale:
The court set out clear guidelines and standards that would necessitate the solving of such cases requiring the identity of anonymous Internet posters by compelling Internet Service Providers (ISPs’). It required the defendant to be allowed enough time to respond by making efforts that necessitate this action. Also, identify the exact statements and comments made by the poster and set forth a cause of action using a prima facie. Other than that, the plaintiff had to bring sufficient evidence against the fro the court to balance the freedom of speech in First Amendment and the need for pre-action identity disclosure.
Importance:
The case is ver...
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