Lawsuits Against Thousands File-Sharers DroppedAdded: Thursday, February 17th, 2011
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
Back in 2010, Larry Flynt Publications launched lawsuits against thousands of Does alleged of unauthorized file-sharing of its film “This Ain’t Avatar XXX”. Today, following the troubles the company had with obtaining personal details of the defendants from Internet service provider Time Warner, a judge decided to dismiss all of the cases. So, it seems like the road to collecting settlements from accused Internet users has become much more costly, which will inevitably affect the future for such campaigns.
Last year an adult movie company called Larry Flynt Productions started a project aimed at collecting hundreds of thousands of dollars from accused BitTorrent file-sharers. Five months ago the company filed a number of cases through attorney Evan Stone. The lawsuits in question sought personal details of thousands of file-sharers alleged of infringing copyright.
The lawsuits suffered a setback due to broadband provider’s refusal to pass over its subscribers’ identities. However, now the troubles for the company may even prove terminal. Cashman Law Firm, working against those cases, revealed that it now appears that they have been dismissed. The reason indicated by a judge is a common one for such campaigns – the Does accused have been improperly joined.
Royal Furgeson, Senior US District Judge, decided that there are no allegations in the complaint that the accused file-sharers are connected. The judge said that just committing the same type of violation in the same way isn’t enough to join alleged individuals. Moreover, he pointed out that each defendant may have a different defense.
So, all defendants were dismissed and severed, which will make plaintiffs to file individual lawsuits against each of several thousand defendants. This will be a certain disaster for the plaintiffs, because the whole idea relies on doing everything in bulk to reduce costs. Now the process becomes time-consuming – the attorneys of Larry Flynt Publications will have to draft complaints specific to each alleged individual, then submit them to the local court where each of the defendants resides (following the local court rules), and, of course, bear expenses on filing fees for each of the accused users, and properly serve them. While it’s difficult to do all this with a few defendants, it would be almost impossible and very costly to do with six thousand file-sharers.
Thanks to TorrentFreak for providing the source of the article
February 17th,2011Posted by:
Thursday, February 17th, 2011
|posted by (2011-02-18 10:52:30)|
|wow it is all about time and if we all as people will put up with the BIG money that pays for all the BS that go's on in the world!|
and tk sam for the info!
|well there is some hope for the world yet|
|posted by (2011-02-19 03:13:04)|
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