Court to Consider Breaking Up Mass BitTorrent Lawsuits; Wired.com, 6/29/10

David Kravets, Wired.com; Court to Consider Breaking Up Mass BitTorrent Lawsuits:

"If you’ve used BitTorrent to snag unauthorized copies of independent films you should be interested in the arguments unfolding in Wednesday in federal court in Washington, D.C.
At issue is a mass-litigation campaign, in which the fledgling US Copyright Group is suing about 15,000 users whose IP addresses were detected harvesting films like Steam Experiment, Far Cry, Uncross the Stars, Gray Man and Call of the Wild 3D.

Several digital rights groups will argue Wednesday on behalf of the account holders behind the IP addresses that each defendant should be sued individually in courts near where the defendants reside. Currently, they’ve all been lumped together in handful of lawsuits filed in the nation’s capital in March.

If U.S. District Judge Rosemary M. Collyer agrees with the Electronic Frontier Foundation, the American Civil Liberties Union and Public Citizen, the US Copyright Group could find its legal campaign almost impossible to continue on such a grand scale.

The issue is important if you live in California and have to answer to a lawsuit across the country. Copyright Act violations carry fines of up to $150,000.

A similar brouhaha came up during the Recording Industry Association of America’s lawsuit campaign against file sharers using Kazaa, Limewire and other networks. The association preferred suing hundreds of alleged downloaders at once, but in many instances were forced to drop the large-scale actions and sue each defendant separately.

In all, the RIAA sued thousands of individuals spread out over the past six years — and was backed by the deep pockets of the nation’s recording labels. If the US Copyright Group loses Wednesday’s courtroom showdown, it would be required to spend at least $350 per IP address to re-file an individual case against a sole defendant. Its lawyers likely would have to appear in courtrooms across the country, perhaps simultaneously.

The RIAA’s lawsuits against 20,000 alleged music pirates were focused on old-school file sharing systems like Kazaa and Limewire. BitTorrent file sharing is more complicated, with downloaders and uploaders collecting in transient swarms of so-called seeders and leechers. The US Copyright Group claims that, because of the swarming element of the BitTorrent protocol, the infringing activity of all the defendants likely had some nexus with the District of Columbia, even if a defendant’s computer was outside the district.

The indie filmmakers are taking a different tactic from their commercial counterparts. The Motion Picture Association of America, for the most part, has limited its lawsuits to BitTorrent sites themselves — like The Pirate Bay, TorrentSpy and Isohunt.

The allegedly offending IP address were sniffed out by Guardaley IT, a German peer-to-peer–surveillance firm."

http://www.wired.com/threatlevel/2010/06/bittorrent-lawsuits/#ixzz0sNl95RKe: