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 :

Poll

Who's responsible for crappy Netflix performance on Verizon?:

Shout box

You're not permitted to post shouts.
Andrew EisenOf course it's a question. It's got a question mark and everything!07/22/2014 - 6:43pm
Matthew WilsonHate to say it, but that poll is not even a question. there is too much evidence that points to Verizon. http://www.extremetech.com/computing/186576-verizon-caught-throttling-netflix-traffic-even-after-its-pays-for-more-bandwidth07/22/2014 - 6:23pm
Andrew EisenHuh. The new Battlefield has been delayed to early next year. Are you feeling okay, EA? http://blogs.battlefield.com/2014/07/bfh-will-launch-2015/07/22/2014 - 6:11pm
SleakerWest End Games - Areal developers just got their Kickstarter suspended. Might want to dump that 'fully funded' status.07/22/2014 - 12:08pm
MaskedPixelanteHas anyone who bought it gotten their Sims 2 Ultimate Edition upgrade yet? Still waiting on mine, especially since they're supposed to be out by today.07/22/2014 - 10:45am
IanCDynasty Warriors 8 for the PS4 finally has the option to turn off the OTT depth of field that made the game look like a blurry mess. Only a few months behind the JP version patch...07/22/2014 - 10:17am
NeenekoI see nothing in Section 111 that would exclude IP transmission. It even explicitly includes 'other transmission methods'07/22/2014 - 9:28am
ZippyDSMleehttp://www.afterdawn.com/news/article.cfm/2014/07/19/ruling_aereo_is_not_a_cable_company07/22/2014 - 8:13am
ZippyDSMleelul what?07/22/2014 - 7:53am
ZippyDSMleehttp://arstechnica.com/gaming/2014/07/bungie-cross-generation-destiny-wouldnt-be-fair-to-low-res-players/07/22/2014 - 7:53am
MaskedPixelantehttp://www.joystiq.com/2014/07/22/wii-u-update-adds-system-to-system-transfers/ The latest Wii U update allows you to do the system transfer between two Wii Us. Still not true accounts, but getting there.07/22/2014 - 7:39am
Papa MidnightSpeculation from PC Gamer. Don't hold your breath. http://www.pcgamer.com/2014/07/21/microsoft-job-listing-says-nice-things-about-pc-gaming-isnt-clear-if-it-means-them/07/21/2014 - 5:58pm
MaskedPixelanteI dunno, it's probably Vevo powertripping.07/21/2014 - 5:52pm
Andrew EisenMP - Makes you wonder what the intention behind the removal was. Stop the RickRolls? Yeah, like removing that one video is going to make a difference.07/21/2014 - 3:27pm
MaskedPixelantehttp://www.billboard.com/articles/business/digital-and-mobile/6165313/youtube-blocks-original-rickroll-video Moment of silence, the original Rickroll video has been blocked in many regions.07/20/2014 - 3:53pm
PHX CorpUseless DLC news: Killzone Fart Pack http://ps4daily.com/2014/07/killzone-fart-dlc/07/20/2014 - 12:56pm
MaskedPixelantehttps://www.youtube.com/watch?v=uU1mK2ig_GU They did their research beforehand.07/19/2014 - 4:41pm
Sleaker@james_fudge - are you sure the FCC can pick and choose? the general rules I read as passed in the act don't really indicate that, but I didn't read through the entirety.07/19/2014 - 4:19pm
MaskedPixelanteOf course, Saban's entire point hinges on them not knowing what the tokusatsu genre is.07/19/2014 - 1:57pm
lomdrLink to where you saw this, Sora-chan?07/19/2014 - 1:50pm
 

Be Heard - Contact Your Politician