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Defending Suits Brought By Copyright Trolls

By Nancy J. Mertzel
May 01, 2020

The dramatic surge in the number of so-called copyright troll cases filed in recent years has forced judges and counsel alike to develop creative approaches to manage the litigations. This article provides an overview of copyright troll litigation and explores potential litigation strategies for responding to troll cases.

As quoted in Wisser v. Vox Media Inc., 19 Civ. 1445 (S.D.N.Y. 2020), a copyright troll is a plaintiff who is "more focused on the business of litigation than on selling a product or service or licensing their copyrights to third parties. A copyright troll plays a numbers game in which it targets hundreds or thousands of defendants seeking quick settlements priced just low enough that it is less expensive for the defendant to pay the troll rather than defend the claim."

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