Magistrate Judge Recommends That Copyright Misuse Defense Be Allowed

[silicon_toad2000]

http://www.techdirt.com/articles/20140522/12101427336/magistrate-judge-says-guy-sued-malibu-media-can-argue-company-is-engaged-copyright-misuse.shtml

It's rare, but every so often we'll see courts willing to entertain claims of copyright misuse. These are situations where copyright law is being so obviously abused for other purposes that a court slaps the abuser down. While it may not go anywhere, it appears that copyright trolling leaders, Malibu Media, who are single-handedly responsible for 40% of all copyright cases filed this year so far, may now have to respond to claims of copyright abuse. In one of its lawsuits, the defendant, Ben Miller, hit back with a long list of defenses, most of which have been rejected or set aside. However, a magistrate judge is recommending the copyright misuse defense be allowed to move forward:

    Here, Defendant contends that “Plaintiff uses the same procedures of monitoring unsuspecting members of the public, directly connecting with the individual’s IP address, providing no ‘cease and desist’ notice, waiting until the evidence is destroyed, filing suit, and then offering to settle in exchange for dismissing the suit.” ... Plaintiff counters that “all it has ever done with respect to its copyrights is bring suits to enforce them; as a matter of law, doing so is not copyright misuse.”....