News & Analysis as of

BitTorrent

Vondran Legal

DMCA subpoena new tool for Copyright Plaintiffs in Boy Kills World cases?

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This blog involves a unique approach being used by a Hawaii law firm to seek to uncover the name, address, email address, MAC address and other information about alleged copyright infringers. The firm is using a DMCA 512(h)...more

Vondran Legal

Strike 3 Holdings Defendants No Longer Anonymous?

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Maintaining your anonymous status when you are a John Doe defendant in a strike 3 holding porn litigation just got a bit trickier, at least in the 3rd Circuit. In this jurisdiction, a defendant may have to prove to the...more

Vondran Legal

The Professional Copyright Plaintiff and the Statute of Limitations

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There are many different types of Copyright plaintiffs who sue for unlawful and unlicensed use of their copyright-registered content. For example, our firm has dealt with the following types of copyright defense brought by...more

Vondran Legal

I got a Strike 3 Holdings subpoena notice from my Internet Service Provider, now what?

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Strike 3 Holding, LLC is a prolific filer of federal copyright infringement actions. They have filed thousands of lawsuits across the United States in states like Illinois, Pennsylvania, New Jersey, New York, Florida, Texas...more

Vondran Legal

Strike 3 Holdings Copyright Infringement Defense Tips

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Strike 3 Holdings (S3”) has filed THOUSANDS of copyright infringement lawsuits, and usually manages to settle quite a few of them.  However, they do not always prevail in their bringing of these actions (usually in a federal...more

Mintz - Intellectual Property Viewpoints

Entire Market Value Rule Strikes Again in WDTX

On January 3, 2022, Magistrate Judge Susan Hightower granted a defendant’s motion to exclude an expert’s damages theory for violating the entire market value rule, reminding plaintiffs everywhere to use caution when applying...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Reaches for Affirmance in Child Pornography Case

In United States v. Clarke, the Second Circuit ventured once more into the thicket of internet crime, tangling with statutory interpretation and discovery issues complicated by their technological setting. The panel (Walker,...more

Jaburg Wilk

Ninth Circuit Ruling Reminds Copyright Owners That Failing to Allege Enough Facts Could Cost Them!

Jaburg Wilk on

In recent years, federal courts across the U.S. have seen a fair share of copyright infringement lawsuits involving peer-to-peer networks such as BitTorrent. In these cases, the plaintiffs are typically feature film or adult...more

Hogan Lovells

Far-reaching decision by the CJEU on copyright: The Pirate Bay can be blocked by ISPs!

Hogan Lovells on

Swiftly following the CJEU decision in Filmspeler, in which the Court found that the selling of multimedia players with add-ons to illegal streaming websites amounted to copyright infringement, the CJEU has confirmed that an...more

Hogan Lovells

EU Advocate General in favour of finding copyright infringement by indexing site The Pirate Bay

Hogan Lovells on

The cases that deal with the meaning of “communication to the public” continue: in a current reference for a preliminary ruling, the European Court of Justice (CJEU) will have to decide whether the operators of websites that...more

McDermott Will & Emery

Dismissal but No Fees for Innocent BitTorrent Defendant - Killer Joe Nevada, LLC v. Leaverton

McDermott Will & Emery on

Addressing whether a copyright infringement action based solely on IP addresses is frivolous or unreasonable, such that attorneys’ fees should be awarded upon dismissal, the U.S. Court of Appeals for the Eighth Circuit...more

BakerHostetler

1 in 5,000: How John Doe Defeated Porn Producer Malibu Media

BakerHostetler on

Litigation-friendly pornography producer Malibu Media has suffered a rare loss, which may spell trouble as it proceeds with more cases. According to the Chicago Daily Law Bulletin, Malibu Media has filed 5,207...more

BakerHostetler

Judge Halts Pornographer’s Subpoenas Against Potential Infringers Identified Through IP Addresses

BakerHostetler on

Online content providers continue to struggle with the challenge of copyright infringement by BitTorrent users. One of the most aggressive tacks is the one taken by Malibu Media, which, after instituting over 4,500 lawsuits...more

Sheppard Mullin Richter & Hampton LLP

BONDing With NPE's - The requirement for security for costs or expenses under Section 1030 of the California Code of Civil...

A little used and often overlooked provision of the California Code of Civil Procedure recently played an important role in three recent cases brought by AF Holdings LLC, a foreign entity formed under the laws of the...more

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