понедельник, 29 августа 2011 г.

BitTorrent users don't "act in concert," so judge slashes mass P2P case

Steele Hansmeier, the antipiracy law firm that has been routinely hammered by judges in Illinois, is now getting hammered by judges in California. The firm has tried desperately to head off all the common objections to its mass file-sharing lawsuits over online porn, and has even taken to geolocating IP addresses before filing a lawsuit; its Hard Drive Productions case in California only went after 188 IP addresses that appeared to be located in the state. But the firm still had its entire case severed down to a single defendant last week.

Geolocation tools may help convince skeptical judges that a lawsuit is more than a national fishing expedition, one mainly targeting people outside a court's personal jurisdiction. (Judges in other jurisdictions have expressed annoyance such tools weren't first used to winnow the list of IP addresses.) But P2P lawsuits have other problems, including the fact that they generally "join" people who have little in common except for a taste in digital porn (in this case "Amateur Allure - Erin"). And increasingly savvy judges are now parsing claims about BitTorrent with a scholar's eye to see if these defendants really should be linked.

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