US Judge Gives Anti-Piracy Outfit 3 Weeks to SueAdded: Saturday, November 27th, 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
DC Judge denied the USCG’s (US Copyright Group) request to extend the period of identifying defendants in the mass peer-to-peer lawsuit to fifty eight months, which is exactly the amount of time Internet service provider Time Warner said it needs to reveal the identities of almost 800 IP addresses. Besides, the judge also ordered that the USCG only name those defendants in the lawsuit that the Group can prove the DC court has jurisdiction over.
The wide-known USCG’s (US Copyright Group) mass litigation campaign against BitTorrent users has taken a big hit with the most recent decision of the country’s District Judge Rosemary Collyer.
Although Rosemary Collyer allowed the suit to proceed, the Judge also gave the USCG time until December 6th to present a list of the accused file-sharers the Group is going to sue. Moreover, the Judge specified that the Group can only submit the names of defendants whom the US Copyright Group reasonably thinks the DC court has personal jurisdiction over.
Previously the USCG had asked the court for an extension of fifty eight months so it could give the broadband provider Time Warner, to which it submitted nearly 800 IP addresses alone, enough time to disclose the identities of the people with IP addresses alleged of unauthorized file-sharing. Such length of time is based on the calculations of the ISP claiming that it has limited the identities to be revealed to 28 per month.
DC Judge pointed at the Federal Rule of Civil Procedure 4(m), where it’s said that in case a defendant isn’t served within four months after filing the complaint, the court is supposed to dismiss the action without any prejudice against the defendant in question or other that service be made within a certain time. Although there is an exception for the rule if Plaintiff is able to show a “good cause for the failure”, such cause wasn’t shown for those unknown defenders whose identities have already been disclosed. The Judge is sure that for those defenders an extension would apparently be unfair and prejudicial.
This ruling of Rosemary Collyer can be considered quite a blow to the efforts of the US Copyright Group. Besides, it’s clear that the decision will undoubtedly cause a considerable increase in the anti-piracy outfit’s litigation costs.
November 27th, 2010Posted by:
Saturday, November 27th, 2010
|Is it me or is this song and dance getting a little weird. These companies spending all this money to stop something that can't really be stopped. If someone knows how to download and covert movies on to disc then they damn sure know how to go rent the movie also and make a copy. Stopping p2p would only hurt convenience of using sites like these for what we want. I don't care what anyone says...........they are not doing it to protect the interest of the artist here. For they have seen no benefit from this fight. They could easily sell their works online for cheap without the help of the record business and make more money than with them. For movies.......well we still like to go see the ones we are willing to pay for and get the others free. Those we get for free we had NO intentions of paying a dime for anyway. If they are sitting in a movie rental place than those copies have already been paid for and they don't see a dime from the rental of that copy. What's next they charge a fee every time their product that's already been paid for is rented out? It's getting nuts.|
|posted by (2010-11-29 01:00:56)|
|Well.. Menahunie, i must say I do like your comments as well.... One of yours from the other day along with Sam's Article, I converted into a Mass Email (about that Oregon Congressman and the Bill the MPAA is trying to get passed....) I also added my own commentary to the Email to better define the problem of why spend all this money to fight a new marketing model of P2P that if used correctly can benifit these artists.... (We already know it here, so I didnt post it)... I Emailed it to everyone on my list and asked everyone to forward it and contact their Senators & Congressmen....||
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