Lawsuit of Copyright Trolls Got Killed Off AgainAdded: Sunday, June 1st, 2014
Category: Recent Headlines Involving File Sharing > Current Events
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2013, www.extratorrent.cc
A Federal Appeals Court has killed off another lawsuit launched by a copyright troll Prenda Law and aimed at porn downloaders.
The company was going to ask an Internet service provider for IP-addresses of thousands of alleged infringers. This was required in order to later threaten account holders with expensive litigation if they fail to settle promptly. In most cases, most of the downloaders choose to settle rather than fight when they are threatened with the prospect of hiring an attorney – even those who may have actually done nothing wrong.
Circuit Judge referred to the lawsuit as “a quintessential example of Prenda Law’s modus operandi” and reversed a lower court decision which would have forced 6 broadband providers to identify account holders associated with more than a thousand IP-addresses. Consumer outfits, including the Electronic Frontier Foundation, have all welcomed the latter decision. The EFF explains that for the defendants, that move will come down to risking being named in a lawsuit over a porn video, or settling for the amount less than the cost of hiring a lawyer. Given such kind of bind, a copyright plaintiff needs to respect the law and basic fairness and prove that its case is on solid ground before exposing hundreds of Internet users to this stuff.
The fact is that the plaintiff has never really brought a copyright case to trial, yet is reported to have received $15 million within 3 years of exploiting the scheme. The Appeals Court’s reversal was explained by the inability to demonstrate that over a handful of thousand people it sought to identify even resided in the District of Columbia.
Indeed, a number of Internet service providers, including Cox, AT&T, and Bright House, assured that they had no subscribers at all in the District of Columbia – moreover, they didn’t even offer service here. Therefore, the plaintiff couldn’t possibly have had a good faith belief that it would manage to successfully sue most of the 1,058 John Doe defendants in that district.
In addition, the Appeals Court ruled that the plaintiff could not seek the identities in frames of a single lawsuit, because they had no reason to believe that the alleged infringers acted together. So, that’s just another decision representing a crushing blow for copyright trolls.
Posted by: Date:
Sunday, June 1st, 2014
|posted by (2014-06-01 15:47:46)|
|Interesting case. Although the first issue is more of a jurisdictional technicality that can be overcomes by simply filing where each provider actually provides service, such as a major metropolitan area, or perhaps the corporate headquarters, the second holding is pretty significant, since the trolls' basic theory is that the IP addresses were part of the P2P swarm uploading and downloading parts of the copyrighted porn flick and therefore technically "acted together." This decision now requires that trolls have to commence separate suits for IP addresses, and seemingly can only join those IP addresses in one suit that apparently acted together. That would make it much more difficult for the trolls to get masses of IP addresses at once.|
|@numbnut You're right, it much more difficult for the trolls to|
get masses of IP addresses at once. That takes money and
resources to process each case one at a time. The good
news, usually the Federal Appeals Court ruling if finale. I'm
just curious as to why would anyone download the crap porn
companies making these days with free porn sites like
OMG! The porn companies even going after Captain America
boss Samuel L. Jackson just because he mention free porn
on RedTube. They must be really desperate, lol.
|posted by (2014-06-01 23:11:51)|
|Ok a provider is asked for ip address's how is the provider suppose to refuse that on what grounds; but then what happens when the troll goes to court to push the matter put the provider has a contract that says client records are private never to be released. Don t recall ever reading of a court order loop hole so what then always wondered ?|
|posted by (2014-06-02 07:51:49)|
|I wonder if they are afraid of prosecuting people for the fear that themselves can be tried for their kinky porn downloads. Always seem to come to a dead end with the porn people downloads, but when it is a movie or TV show, the individual seems to be sent to Guantanamo Bay...||
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