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Dallas Buyers Club: Looking For Another ‘Oscar’?

Dallas Buyers Club: Looking For Another ...

The following article is a guest contribution from Alan Wilmot, a 2L at the University of Miami School of Law. A week after winning two Oscars at the Academy Awards, the production studio behind ‘Dallas Buyers Club’ initiated a lawsuit against over 100 alleged BitTorrent pirates for illegally downloading the film. Joined by “Dallas Buyers Club, LLC” who later filed its own complaint, the lawsuits allege that 107 individuals shared a pirated copy of the film from their respective home connections around late January. The complaints constitute a copyright...
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You Need More Than A Link To Sue In Copy...

The following article is a guest contribution from Alan Wilmot, a 2L at the University of Miami School of Law. This past January, a Washington District Judge ruled that the use of an IP address alone as evidence failed to meet the pleading requirements needed to pursue a claim for copyright infringement. In doing so, the court granted a defendant’s motion to dismiss against the makers of the movie “Elf-Man;” the filmmakers had sued hundreds of people for pirating their film using BitTorrent—peer-to-peer file sharing—online. In their complaint, the makers of...
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Substantial Infringing Uses for Google R...

The following is a contribution from David Greene of Greene and Greene, Attorneys at Law in Dover, NH. For years, I used GoToMyPC for my remote desktop needs. Or sometimes I would use Windows 7 Professional to remotely control the desktop of another Windows 7 computer. These programs were okay, but were clunky and took many keystrokes and mouse clicks to get started. They were great for data transfer, but not so great on content delivery. Recently though, Google has implemented its Google Chrome Remote Desktop application. It’s fast – it connects in the amount...
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Courts Demand Detailed Plan For Expedite...

There does not seem to be any decrease in the number of defendants accused of engaging in copyright infringement through the use of BitTorrent, a peer-to-peer file sharing program.  However, courts continue to show a reluctance to give plaintiffs, in those cases, all the tools they wish to use in an effort to squeeze every single dollar out of identified infringers.  One of the newest defendant-friendly orders came in the case of Third Degree Films v. John Does 1-110, filed in the United States District Court District of New Jersey. Third Degree Films, a pornographic...
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A (Big?) Win For Defendants Named In Mass-BitTorrent Copyright Infringement Lawsuits

A (Big?) Win For Defendants Named In Mas...

On May 15, 2012, the Southern District of New York released an opinion that could have a far reaching effect with regards to mass-BitTorrent copyright infringement cases.  I have represented many individuals who have been named as defendants in these types of cases, and more often than not, they are targeted for purportedly downloading pornographic films without paying for the right to view those movies.  I have covered some defense tactics in the past, but the new Southern District of NY opinion could be the best tool in the arsenal for future defendants. Basically,...
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Some Hope For Quashing Copyright Infringement Subpoenas

Some Hope For Quashing Copyright Infring...

Mass defendant copyright infringement cases are not rare these days.  Many movie studios (particularly adult entertainment companies) find it economical to attach a long list of John Doe defendants to their copyright infringement lawsuits.  The procedure is typically the same.  The company joins a bunch of Doe defendants, subpoenas the internet service provider(s) (ISP) to obtain the names, current and permanent addresses, telephone numbers, email addressees, and Media Access Control addresses (“MAC addresses”) of the Doe Defendants, some Doe Defendants may move to...