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ExtraTorrent.cc > Articles > US Judge Questioned Jurisdiction of Mass P2P Litigation

US Judge Questioned Jurisdiction of Mass P2P Litigation

US Judge Questioned Jurisdiction of Mass P2P Litigation

Added: Tuesday, September 21st, 2010
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
Rosemary Collyer, American District Judge said it’s quite “questionable” whether part of the alleged file-sharers has had any sufficient contact with the DC to give the Court a power to have jurisdiction over them.

judgeHammer.gif

The USCG’s (US Copyright Group) mass P2P litigation goes on through federal courts of District of Columbia. There’ve been lots of arguments against that mass lawsuit, the main of them being the fact that plenty of the accused file-sharers actually reside outside the DC and the jurisdiction of its court, which means they should have their cases heard somewhere else.

The EFF (Electronic Frontier Foundation) used it as a central argument in a brief they submitted in cooperation with the ACLU (American Civil Liberties Union) and Public Citizen when they asked the judges to quash subpoenas submitted by the USCG. Actually, the US Copyright Group admitted itself that an IP is only able to provide a general geographic location for subscribers. If the USCG made minimal investigation, it would discover that hardly any of the unidentified infringers appear to reside in this District of Columbia, so the lawsuit against them wasn’t properly brought there. Otherwise, the copyright group is unfairly forcing thousands people from all over the US to bear huge expenses and burden of defense in a foreign area. This was probably the point for USCG – make users settle in order to avoid that expense.

Now American District Judge Rosemary Collyer, overseeing the cases, seems to agree with this main argument. She has asked the USCG to make a convincing case explaining why the claims against individuals not residing in the District of Columbia should not be dismissed.

Since many of the defendants appear to live outside of DC, it is questionable if those particular people have had sufficient contact with the DC to warrant its Court’s exercise of personal jurisdiction over them.

The USCG responded earlier that courts of Washington, D.C. do have jurisdiction other accused users thanks to the nature of a BitTorrent swarm, where each seeder and leecher come as part of the same transaction liable for sharing copyrighted content.

However, at the same time Judge Collyer allowed for subpoenas to continue and decided that Internet users can’t have an expectation of privacy after they conveyed subscriber data to their service providers.




By:
SaM
September 21st, 2010

Posted by: 
SaM

Date:  Tuesday, September 21st, 2010



Comments (2) (please add your comment »)

1
posted by Blocked (2010-09-22 13:50:20)
menahunie avatarHowever, at the same time Judge Collyer allowed for subpoenas to continue and decided that Internet users can’t have an expectation of privacy after they conveyed subscriber data to their service providers.

Jeez what planet butthole did she crawl out of. She means you sign up for internet and give your ISP your name, address, etc. for the account their is no expectation of privacy? Holy Crap Batman that means no more court orders to turn over customer private information by the ISP's...



The USCG responded earlier that courts of Washington, D.C. do have jurisdiction other accused users thanks to the nature of a BitTorrent swarm, where each seeder and leecher come as part of the same transaction liable for sharing copyrighted content.


Also what Law College Uranus did USCG come from?
Using this argument anyone can sue any where any when just by saying they made a cell or landline call to someone illegally in different states...

Tat thinking also means someone did a crime? P2P'er in one state and a "copyright" holder runs down to their courthouse and files a law sue against that P2P'er in the other state... Doesn't work that way from my own experience; no not Bit-torrents.
I send hundreds of dollars to a crooked ebay seller in another seller and they screwed me. I would had to fly to their state/city and sue them. I got that resolved and him arrested..

2
posted by (2010-09-23 17:01:45)
Brynn217 avatarUmm... What is a 100 Lawyers at the bottom of the Ocean Called?!?
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.A good Start!



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