The US Copyright Group, a fancy name for the group of Virginia lawyers that like to sue file sharers in bulk, has told a federal judge that they "see no problem" with suing 5,000 Bittorrent users as John Does. Lawyers for the EFF and the ACLU have a different take on the matter entirely. The suits were "improperly joined," according to the EFF and ACLU. At least one judge hearing the case wants more information from all parties on the matter.
Yesterday, lawyer Tom Dunlap of the firm Dunlap, Grubb, & Weaver, filed a 29-page document in the Washington, DC District Court. The gist of that brief was that, according to Dunlap, suing 5,000 anonymous users at once is proper because of how Bittorrent works. Dunlap's argument tries to distinguish Bittorrent from all other P2P networks:
"Each particular act of infringement involved a specific one-on-one connection between two users for that specific file," says the brief. "Once the sharing of that file was over, so presumably was the relationship between the infringers."
The firm also said that it is doing all these John Does a "favor" by giving them the ability to defend the case in one jurisdiction, combine or join other Doe Defendants’ filings and the ability to receive "uniform decisions by the Court." Lawyers doing people "favors" seems as alien as clowns doing roadwork.
Of course the EFF and ACLU see it quite differently:
"Joining thousands of unrelated defendants in one lawsuit may make litigation less expensive for Plaintiff by enabling it to avoid the separate filing fees required for individual cases and by enabling its counsel to avoid travel, but that does not mean these well-established joinder principles need not be followed here."
A hearing is set for June 30.
Source: ARS





Comments
Re: US Copyright Group to Federal Judge: 'We Are Doing John ...
Wait are all 5000 of these "John Does" being notified? Because if they are not this is setting a very ugly precedence for all future cases.
~Weatherlight~
Re: US Copyright Group to Federal Judge: 'We Are Doing John ...
If they aren't notified and given the ability to represent themselves in court for this, that is against the law in and of itself.
Re: US Copyright Group to Federal Judge: 'We Are Doing John ...
This looks really hokey....
~Weatherlight~
Re: US Copyright Group to Federal Judge: 'We Are Doing John ...
I used to respect the coverage here back in the pre-ECA days when Dennis engaged in real journalism. Now, "stories" like this become mere vehicles in which to embed your "let's all be friends and share the content that someone else paid to create" point of view.
[My opinions are my own, and not necessarily the views of my employer.]
Re: US Copyright Group to Federal Judge: 'We Are Doing John ...
You are aware that you do not have to come to this site, right?
I miss Dennis too, but he also had plenty of articles where he just reported what someone else had already reported on. It usually led with the intro of "Via *insert website here*"
GP has been relatively the same since Dennis has left, but many are just using his absence as an excuse to criticize articles they don't find interesting or relavent to the site.
Re: US Copyright Group to Federal Judge: 'We Are Doing John ...
And what happens if, out of that 5000, say 200 claim they have nothing to do with filesharing (the usual mix of old ladies who don't even have Internet, pre-school children etc that invariably turn up in these lawsuits)
Bulk lawsuits like this pre-assume the guilt of all the accused parties, that's not a trial, it's a lynching.
Re: US Copyright Group to Federal Judge: 'We Are Doing John ...
While I certainly agree they should have to prove guilt for each individual party, I'm not sure what you mean by "pre-assume the guilt of all the accused parties". No lawsuit pre-assumes guilt. The US legal system places burden of proof on the accuser.
Re: US Copyright Group to Federal Judge: 'We Are Doing John ...
What he's getting at is you can have a large number of people who are innocent in that 5000, but they'll be tried the same as everyone else in that group. All 5k will either be innocent or guilty together, and if only a few wish to contest it, then they'll have to support the financial costs by themselves.
Re: US Copyright Group to Federal Judge: 'We Are Doing John ...
Well if they do it like like then spread the fine across the all, 5K worth of people only have to pay out 10$ each to do 50K in fines.
Tho the whole thing is kinda ridiculous but that is the world we live in.....
I have a dream, break the chains of copy right oppression! http://zippydsmlee.wordpress.com/2010/05/21/cigital-disobedience/
I have a dream, break the chains of copy right oppression! http://zippydsmlee.wordpress.com/2011/12/31/what-is-cigital-disobedience/
Re: US Copyright Group to Federal Judge: 'We Are Doing John ...
This is like saying we did Japan a favor by dropping the Fat Man. and little Boy on their country.
5000 people are still getting sued into never ending debt.
either pay ten thousand dollars now, or they'll take fifty thousand dollars later.
Re: US Copyright Group to Federal Judge: 'We Are Doing John ...
Oh, come on. I hate these kind of suits, but comparing them to nuclear weapons is a little much.
Re: US Copyright Group to Federal Judge: 'We Are Doing John ...
Still, they're still not doing any favors by still suing. Besides, all they said was file sharing, never said what files were being shared. Could have been fro ma game developer using torrents to send patches for al lwe know,.
Re: US Copyright Group to Federal Judge: 'We Are Doing John ...
This suit is more like a dirty bomb anyways.
Re: US Copyright Group to Federal Judge: 'We Are Doing John ...
Well 10K devided into 5000 people is what 2$ each?
I have a dream, break the chains of copy right oppression! http://zippydsmlee.wordpress.com/2010/05/21/cigital-disobedience/
I have a dream, break the chains of copy right oppression! http://zippydsmlee.wordpress.com/2011/12/31/what-is-cigital-disobedience/
Re: US Copyright Group to Federal Judge: 'We Are Doing John ...
The numbers are for each induvidual. So it's pay 10k each now, or 50k each later.
Re: US Copyright Group to Federal Judge: 'We Are Doing John ...
They should fine them in class action style whats the max charge split between 5000 defendants? lulz
I have a dream, break the chains of copy right oppression! http://zippydsmlee.wordpress.com/2010/05/21/cigital-disobedience/
I have a dream, break the chains of copy right oppression! http://zippydsmlee.wordpress.com/2011/12/31/what-is-cigital-disobedience/