Piracy Evidence to be Tested in Court

[silicon_toad2000]

Over the past two years a small group of copyright holders have started thousands of mass-BitTorrent lawsuits, targeting more than a quarter million people in the US alone.

The copyright holders who start these cases generally provide nothing more than an IP-address as evidence. They then ask the courts to grant a subpoena which allows them to request the personal details of the alleged offenders from their Internet providers.

The plaintiffs in these cases, often described as copyright trolls, are mostly adult movie studios. Malibu Media is one of the most active studios, and this year alone they have filed 349 mass lawsuits, targeting thousands of alleged downloaders across the U.S.

This strategy has earned the adult studio millions of dollars in settlements, without going to trial once. However, this is going to change soon thanks to Pennsylvania District Court Judge Michael Baylson who delivered a landmark ruling late last week.

In a memorandum covering three mass-lawsuits, the Judge reviewed the motions of five anonymous defendants who protested the subpoena which ordered their Internet providers to reveal their identities. Judge Baylson summarizes one of the Doe defendant’s motions as follows.

“Among other things, the declaration asserts that Plaintiff has brought suit against numerous unnamed defendants simply to extort settlements, that the BitTorrent software does not work in the manner Plaintiff alleges, and that a mere subscriber to an ISP is not necessarily a copyright infringer, with explanations as to how computer-based technology would allow non-subscribers to access a particular IP address,” Baylson writes.

http://torrentfreak.com/finally-bittorrent-piracy-evidence-to-be-tested-in-court-121008/