Court Says BitTorrent Users Connected To The Same Swarm Are Not Involved In Any 'Conspiracy'

from the good-ruling dept

Almost exactly a year ago, we saw yet another trick come out of the copyright troll's bag. To justify the increasingly failed attempts to sue a ton of people in a single lawsuit, there was a claim that all of the people connected to a single BitTorrent swarm represented a conspiracy to infringe on copyrights together. As we said at the time, this seemed like an incredibly weak argument, and it appears that at least one court agrees. A judge in Illinois has rejected that argument pretty soundly:
Moreover, it appears that the claims of civil conspiracy themselves are unfounded, because the plaintiffs have not pleaded the existence of an agreement among the alleged conspirators... Additionally, based on what has been pleaded, it does not appear plausible that plaintiffs could plead the existence of a conspiracy. Consequently, the court finds that the complaints’ allegations of civil conspiracy are only unjustified attempts to bolster the obtaining of irrelevant discovery about non-parties.
The court also notes (as many more are doing) that it's quite clear that this lawsuit was filed not to litigate the actual issues, but to uncover the identities of those they identified to try to threaten them into "negotiating a settlement."

It's good to see both of these things. Courts recognizing that these arguments are huge stretches of legal theory just to justify a bogus joinder argument is a huge step forward. On top of that, the fact that more and more judges seem well aware of the true intention of copyright trolls in using the court system as a part of their business model, rather than for a legitimate judicial reason, means that fewer and fewer courts will be willing to accept such an abuse of the court system.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: conspiracy, copyright, copyright trolls, joinder

Reader Comments

Subscribe: RSS

View by: Thread

  1. identicon
    Anonymous Coward, 2 Apr 2012 @ 7:46pm

    Response to: Anonymous Coward on Apr 2nd, 2012 @ 4:13pm

    I suppose you think the Supreme Court Justices in Dowling were "pretty much clueless" too huh?

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here

Subscribe to the Techdirt Daily newsletter

Comment Options:

  • Use markdown. Use plain text.
  • Remember name/email/url (set a cookie)

Follow Techdirt
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat

Warning: include(/home/beta6/deploy/itasca_20201215-3691-c395/includes/right_column/ failed to open stream: No such file or directory in /home/beta6/deploy/itasca_20201215-3691-c395/includes/right_column/ on line 8

Warning: include(): Failed opening '/home/beta6/deploy/itasca_20201215-3691-c395/includes/right_column/' for inclusion (include_path='.:/usr/share/pear:/home/beta6/deploy/itasca_20201215-3691-c395:/home/beta6/deploy/itasca_20201215-3691-c395/..') in /home/beta6/deploy/itasca_20201215-3691-c395/includes/right_column/ on line 8
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it

Email This

This feature is only available to registered users. Register or sign in to use it.