Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Joinder Issues In BitTorrent Copyright Litigation
Over the past several years, there has been a national flurry of civil actions brought primarily by pornographic film makers alleging copyright infringement by individual file-sharers using the BitTorrent computer protocol. As one federal court noted, hundreds of thousands of John Does have been sued across the county since mid-2010, with copyright holders attempting to assert claims against unknown defendants identified by their IP addresses by joining them, in large numbers, into single actions. Typically, the copyright holders allege that users illegally downloaded, reproduced, and distributed at least a portion of the film at issue using BitTorrent, a peer-to-peer protocol that allows users to transfer large files on the Internet.
Some commentators have characterized such cases as “copyright trolling” ' where a copyright holder files a mass infringement suit and subpoenas identifying information for anonymous Doe defendants, intending to send demand letters and achieve prompt, small settlements rather than actually litigating the claims. At least one court has echoed this view, even imposing sanctions against the copyright holders and their attorneys for certain bad faith conduct. See, Ingenuity 13 LLC v. Doe, No. 12 -8333 (C.D. Cal. May 6, 2013). However, not all suits against anonymous BitTorrent users necessarily involve an improper intent or even adult film companies. See , e.g. , John Wiley & Sons, Inc. v. Doe 1-22, 2013 WL 1091315 (S.D.N.Y. Mar. 15, 2013) (related suits over unauthorized copying and distributing of several books using BitTorrent); ReFx Audio Software, Inc. v. Does 1-82, 2013 WL 500478 (D. Colo. Feb. 13, 2013) (unauthorized distribution of software using BitTorrent).
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.