copyright data-protection discovery secret confidentiality
What practical confidentiality protections can BSA offer to software piracy whistleblowers?
<p><a href="https://law.stackexchange.com/questions/37252/is-it-illegal-to-infringe-copyright-if-your-boss-or-your-client-ordered-you-to-d">This question</a> refers to a <a href="https://reporting.bsa.org/r/report/add.aspx#faqSection" rel="nofollow noreferrer">form</a> for reporting software piracy.  That page has an FAQ question:</p>

<blockquote>
  <p><strong>If I report software piracy to the BSA, will my name be kept confidential?</strong><br>
  Your name will never be revealed unless required by law. We take all appropriate measures to ensure your confidentiality at all times.</p>
</blockquote>

<p>The top of the form says "Your report is confidential."</p>

<p>In most jurisdictions, wouldn't the party accused of violating copyright be entitled to get that information, "required by law" under a discovery process? </p>

<p>For purposes of this question, assume it's a well-founded valid report that BSA does not dismiss. </p>

<p>For clarity purposes from the link above:</p>

<blockquote>
  <p>WHAT IS BSA | THE SOFTWARE ALLIANCE?</p>
  
  <p>BSA | The Software Alliance (BSA) is the leading advocate for the
  global software industry. Its members are among the world's most
  innovative companies, creating software solutions that spark the
  economy and improve modern life.</p>
  
  <p>With headquarters in Washington, DC, and operations in more than 60
  countries, BSA pioneers compliance programs that promote legal
  software use and advocates for public policies that foster technology
  innovation and drive growth in the digital economy.</p>
</blockquote>

<blockquote>
  <p>In most jurisdictions, wouldn't the party accused of violating
  copyright be entitled to get that information, "required by law" under
  a discovery process?</p>
</blockquote>

<p>It depends. Sometimes a tip would allow BSA to independently develop evidence of infringement that wouldn't require naming you as a witness, other times the knowledge of a witness might be relevant to proving a case. In the later case, BSA would not generally be able to keep an informant's identity secret in the face of court ordered disclosure.</p>

<p>An example of the first case would be providing a YouTube url to BSA which it then investigated and brought suit upon. An example of the second case might be a report of a live concert at which infringing material was used, where the advertising didn't mention the use of the work when a concert recording wasn't released by a third-party.</p>
