March 25, 2014

JUDGE TO PORN TROLLS: IP Addresses Aren’t People. “Finding that an IP address isn’t enough to get specific Internet users embroiled in a copyright suit isn’t a totally new concept. A New York judge made such a ruling in a case called K-Beech v. John Does in 2012. However, that was a shotgun-style lawsuit against dozens of BitTorrent users, several of whom hired defense counsel. Also, the judge simply ruled that the case must be re-filed against specific users; he didn’t throw out the case on venue grounds as Ungaro has done here. By contrast, the Malibu Media case was thrown out quickly, without either Comcast or the user behind the IP address expending any resources. Ungaro issued her order to show cause to Malibu before they were allowed to send a subpoena to Comcast. If other judges adopt such reasoning, it could put a major dent in the copyright trolling business model.”

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