Defendants, ISPs: D.C. Court Doesn’t Have Jurisdiction in P2P John Doe Case

August 30, 2010 -

As a court case in the District of Columbia court against 14,000 "john doe" defendants filed by the US Copyright Group over file sharing movies continues, increasingly defendants and ISPs are saying that the court has no jurisdiction over them.

One John Doe defendant in the D.C. case sent a letter to the court saying that he has never traded files, nor lived, used an ISP, or worked in the D.C area and that adding him as a defendant is improper because he has nothing in common with the "co-defendants." Here's what he wrote to the court:

"There is a lack of personal jurisdiction over John Doe in the District of Columbia," he writes, "He has never lived, worked, or used any Internet service in the District of Columbia."

"Adding John Doe as a defendant in this matter would be improper because John Doe has nothing in common with his prospective co-defendants."

"Jurisdiction and joinder" are important points because the Electronic Frontier Foundation argued these very points before the presiding judge, , who declined its request saying that it was not the proper time to make that argument. Nevertheless, defendants and ISPs are making those arguments and they are not waiting to do it at the judge's discretion. In fact, one ISP isn't arguing within that court's jurisdiction at all.

 

South Dakota ISP Midcontinent Communications was not happy that a subpoena demanding that it look up the names and addresses of several dozen users for a P2P lawsuit over the film The Hurt Locker.

Instead of replying to the DC District Court, Midcontinent's lawyers went to South Dakota's federal court and argued that the DC court had no jurisdiction over the company. The company's lawyers simply argued that if US Copyright Group wanted the information, it would need to file its request with a court in the Eighth Circuit, where Midcontinent does its business:

"Since the information requested is in Midcontinent's office in Sioux Falls, South Dakota, a subpoena to retrieve that information would have to come from this Court, not a District of Columbia court," says the filing.

Midcontinent also said that the subpoena came via fax and not by mail or messenger, and that it had contained no promise to pay the company's $350+ in costs to do the lookups.

At the end of the day John Doe filings with the court and ISPs that do not do business in the D.C. area may be compelled to fight against US Copyright Groups efforts. It will be interesting to see what other courts have to say about this as it relates to ISPs, and if this is a path for "John Does" to go to deal with this blind, blanket legal action.

Sourced: Ars Technica


 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
MattsworknameYeah, i got started and then made it through t the first few misions anthen blood borne05/23/2015 - 10:13pm
Goth_SkunkWhich one, Dragon Age?05/23/2015 - 8:20pm
Wonderkarpalso waiting patiently for Batman.05/23/2015 - 7:36pm
MattsworknameIn still trying ot beat that game the first time. Freaking game has so much side questing05/23/2015 - 7:34pm
Goth_SkunkPlaying a third and probably final playthrough of Dragon Age: Inquisition. Once that's done, I'll move on to AC: Unity, most likely, then get caught up on A-list games I have yet to play, like Murdered: Soul Suspect and Shadows of Mordor.05/23/2015 - 6:33pm
MattsworknameIf you own a vita and like monster hunter, but dont like the bs filler that goes with it. Try tokiden kiwmai05/23/2015 - 6:11pm
Matthew Wilsonaparently their servers got crushed, but I dont see the game selling well. Nintendo fans tend not to be fans of competitive fps05/23/2015 - 5:48pm
MattsworknameSPlatton looks intersting, Love the are style, gonna give the game a try with the upcoming test fire05/23/2015 - 4:39pm
PHX Corp@Technogeek, I'm returning for one more Run with the Global testfire05/23/2015 - 3:41pm
WonderkarpI'm bouncing all over the place but right now I'd say I'm playing Super Mario 64 trying to max out the stars. 2 worlds and 2 secret stars to go05/23/2015 - 1:12pm
TechnogeekReminder: Splatoon Global Testfire returns this afternoon/evening.05/23/2015 - 12:45pm
Andrew EisenA bit busy with my 30 Days of Netflix project but I did play through the first world of New Super Mario Bros. 2 at a sushi restaurant last night.05/23/2015 - 10:59am
MattsworknameSo, whats everyone playing? Im still knee deep in bloodborne, but finaly beat Rom the spider05/23/2015 - 7:20am
Andrew EisenWe're planning on doing the podcast Saturday evening, as usual.05/23/2015 - 12:32am
Matthew Wilsonmy bad was doing it from my phone.05/22/2015 - 11:34pm
Goth_SkunkMatthew, that's a PDF. Looks like a lobbying report. What's that got to do with The Witcher 3? EDIT: Thanks Mecha.05/22/2015 - 11:33pm
MechaCrashI think this is the link you meant to post: http://www.gamespot.com/videos/the-point-the-witcher-3-a-new-benchmark-in-player-/2300-6424964/05/22/2015 - 11:31pm
Matthew WilsonThe Point - The Witcher 3: A New Benchmark in Player Choice http://www.gamespot.com/videos/the-point-the-witcher-3-a-new-benchmark-in-player-/2300-6424964/ fixed05/22/2015 - 10:37pm
Matthew WilsonI assume no show this weekend?05/22/2015 - 10:27pm
TechnogeekKaylaKaze: I fail to see how "that key was obtained via theft by deception" isn't fradulent.05/22/2015 - 8:46pm
 

Be Heard - Contact Your Politician