Mass P2P Porn Lawyer Tries Filing A Class Action Lawsuit... In Reverse
from the against-the-class? dept
Wow. We've noted that the various lawyers who have jumped on the mass copyright infringement shakedown bandwagon (mostly for clients in the porn business) have been running into some serious problems on the issue of "joinder" -- tying all of those defendants into a single group. You're only supposed to be able to do that if they were all involved together in breaking the law. So far, the courts haven't been buying it for the most part. However, it appears one of the lawyers involved in these cases, John Steele, is trying a bit of a novel strategy: a class action lawsuit in reverse.Normally, a class action lawsuit involves a "class" of related people as the plaintiffs. Steele is arguing that you can lump all of the defendants into a class as well:
This Court has personal jurisdiction over the Class because the putative named class representative Defendants are residents of Illinois. This Court has in personam jurisdiction over absent class members because due process is satisfied by providing them with best practicable notice, an opportunity to opt-out, and adequate representation. In addition, the Court may exercise personal jurisdiction over individual Defendants because their infringing activity should have reasonably been anticipated to violate the Copyright Act in this jurisdiction. Therefore, due process is satisfied because any person engaged in such activity could reasonably anticipate being haled into this jurisdiction where he or she violated the Copyright Act.Now, there have been a few examples of such defendant class action lawsuits in the past, but they're very rare, and usually require a pretty damn good reason. I'd be surprised if the judge grants it here. As in other cases like this, judges have pointed out that the mass group of defendants sued are not really comparable, as they each may have extremely different defenses, and were not really connected to each other in any way at all.
On a totally separate note, what is it with the lawyers bringing these mass P2P porn cases all having names out of some bad novel? Evan Stone. John Steele. Ken Ford. Is there some rule that you need a forceful, single syllable last name to be one of these lawyers?
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Filed Under: class action, defendant class action, file sharing, john steele, p2p, pre-settlement, reverse class action
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Could invoke a law change
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Porn lawyers with porn names...
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Re: Could invoke a law change
The costs and efforts required to enforce a single copyright claim are out of touch with reality.
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Wasn't our fault...
What else were we supposed to do while being snowed in by that ridiculous blizzard other than have a beer, a download, and some fapping time?
I think that if these lawyers took part in some of their clients' goods and services, they'd be a little less uptight....
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Max Payne: Ace Attorney
Solve porn cases with bullet time!
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I can see the results if granted now...
Do you believe you've been falsely accused?
Are you part of the defendant class in a class action copyright lawsuit?
Then call Wegonna, Fightem & Getrich to sign up for our class defense package and join the hundreds who have already signed up. Share the burden of your expenses with others in the same situation. Depending on your circumstances, we may even work on a pro bono basis if you assign fees and damages to us!!!
Call today and don't go it alone!!
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Legal innovation
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Re: Re: Could invoke a law change
Ding. Ding. Ding. We have a winner. I fully expect the law to change to give rights holders better tools.
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Could it be this easy?
So were the people they're trying to sue really given the chance to "opt out" of being a defendant?
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I actually don't think this is such a bad idea. I think it's fairly simple to establish the elements of the class under Rule 23(a) (numerosity, commonality, typicality, and adequacy) and 23(b)(3) (questions of law and fact predominate over class). Such a class promotes judicial economy, and it also promotes uniformity of adjudication. The arguments for it are pretty strong, IMO.
And for those who wish to mount their own defense, they can opt out of the class and do that if they wish. I doubt many people would actually do that though, since the cost would be really prohibitive.
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Re: Re: Re: Could invoke a law change
That's because copyright is out of touch with reality.
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Re: Could it be this easy?
We're not there yet. No defendants have even been named in the suit, and we're a good ways off from the judge ruling on whether or not to certify the class.
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Re:
Although I have to say, a porn star name of Average Joe probably isn't the best of choices. One has to wonder in what way you are average....
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Re: Re: Re: Re: Could invoke a law change
Is it? Aren't people in fact incentivized to create via copyright, and don't we all enjoy really nice things thanks to copyright? I enjoyed the Super Bowl last night, brought to me via copyright. I'm enjoying some tunes right now on MOG, brought to me via copyright. The joys of copyright are all around us. :)
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Re: Re: Re: Re: Re: Could invoke a law change
Yes.
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Re: Re: Re: Re: Re: Could invoke a law change
Point take, but I feel like it's "Hate the Government Week" or something. I love the government, so I'm probably in the minority around here.
http://www.techdirt.com/articles/20110203/22422912958/homeland-security-tries-fails-to-expl ain-why-seized-domains-are-different-google.shtml#c365
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Re:
Actually, all of the smart ones would opt-out. In fact, if there was a lawyer for the class, it would probably be their best approach to tell everyone to opt out. In that case, we would be back at hundreds of individual cases that the plaintiffs would have to drag into court. This would not be nearly as cost prohibitive for the defendants as it would be for the plaintiff - who would have to file individual petitions (the thing he is trying to get out of with this stunt).
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Re: Re: Re: Re: Re: Could invoke a law change
Regarding safe harbors, I'd imagine there'd be some serious pushback on further restricting them from those that would take the biggest hit.
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Re: Re: Re: Re: Re: Re: Could invoke a law change
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Re: Re: Re: Re: Re: Could invoke a law change
Pay up Joe!!
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Re: Re: Re: Re: Re: Re: Could invoke a law change
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But, you mustn't touch! His name sounds good in your ear
But when you say it, you mustn't fear
Because his name can be said by anyone!"
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Re: Re: Re: Re: Re: Re: Re: Could invoke a law change
Ad, license, and merchandising deals seem more lucrative than chasing down infringers. Do they need copyright to do that when they have authenticity as their main asset?
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Re: Re: Re: Re: Re: Could invoke a law change
Are you kidding me?
The best things ever in my entire life where almost always free, every time some copyBS came along I was frustrated or sad.
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Re: Re: Re: Re: Re: Re: Re: Re: Could invoke a law change
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Re: Re: Re: Re: Re: Re: Re: Could invoke a law change
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Re: Re: Re: Re: Re: Could invoke a law change
Yes. It's a law that tells me which files I'm not allowed to copy, because that makes a lot of sense in this day and age.
"Aren't people in fact incentivized to create via copyright"
[citation needed]
"and don't we all enjoy really nice things thanks to copyright?"
Copyright lets you enjoy the art that some corporate execs decided is worth releasing. Meanwhile, there's about a hundred years worth of culture rotting away because people copyright prevents us from copying it.
"I enjoyed the Super Bowl last night, brought to me via copyright"
Wasn't it advertising?
"I'm enjoying some tunes right now on MOG, brought to me via copyright."
Streaming services are essentially a hack to get around the interference of copyright with users' ability to make copies. Moreover, the actual artists make no money from streaming even though streaming services pay through their nose for licensing content from the labels.
"The joys of copyright are all around us."
Quoth the copyright fanboi, who is looking forward to a career in copyright litigation and hopes the current preposterous situation lasts forever for him to take advantage of.
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Whats the difference?
Understanding that the legal leaches can't seem to stop sucking innocent people dry with false accusations and extortion, I really hope this isn't allowed.....
http://tech.blorge.com/Structure:%20/2008/10/31/innocent-computer-users-falsely-accu sed-of-file-sharing/
http://www.pcpro.co.uk/news/355090/150-falsely-accused-of-illegal-file-shari ng
http://www.wired.com/threatlevel/2008/01/judge-orders-ri/
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Re: Re: Re: Re: Re: Re: Re: Could invoke a law change
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Re: Whats the difference?
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Re: Re: Re: Re: Re: Re: Re: Could invoke a law change
You LOVE something that inherently doesn't work well with reality! What is so odd about that that others don't equally see you as a defective character?!
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Re: Re: Whats the difference?
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Re: Re: Whats the difference?
I don't think so, not any more than a false claim by a plaintiff that they were entitled to be in the class in a regular class action.
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Re: Re: Re: Whats the difference?
They'd only have to prove their case against the class representatives. Considering the thousands of potential representatives, I don't think it'd that hard to find ones that they could make a successful case against.
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The grand-daddy of them all
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Re: Re: Re: Re: Re: Re: Re: Re: Could invoke a law change
Yes, I'm biased towards people not having their rights violated by others. This bias is clearly not shared by most who post here.
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Could invoke a law change
Sometimes by removing it. Keeping things around for the sake of not getting rid of them seems silly.
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Could invoke a law change
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Could invoke a law change
That's entirely based on the assumptions that creation needs incentives from the government, and that the privilege granted won't interfere too much with the rights of the public (with computers and the internet, definitely no longer the case).
Your bias is that you are convinced the need for copyright is self-evident, while most people here are highly skeptical about that.
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Re: Re: Re: Re: Re: Re: Could invoke a law change
The ability to exclusively assign rights, to parcel out rights, to grant access... those are all things that allow content creators to earn income from their product. Without copyright, everyone and their dog could drag cameras into the stadium and "broadcast", effectively removing the income.
Did you go see a movie lately? Watch network or cable TV? Did you download something? All of those exist because of copyright.
There is so much in it. It isn't anywhere near as simple as it is made out to be.
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But, I'm sure your professor will be so proud that you came up with an idea that won't work. :)
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Re: Re: Re: Whats the difference?
I'm curious too.
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Re: Re: Re: Re: Could invoke a law change
Each of those is a defense, but one that is starting to strain crediblity. Even more so when they seize the drives out of their computers and find all the files and the P2P software installed.
The issue is that companies like Comcast are very reluctant to provide customer information even for a lawsuit, effectively giving the end user a shield. Some here on TD have suggested that the entire copyright case be tried without naming the plaintiff, to convict "nobody" before the ISP should give up the information. That is terrible.
At the end of the day, the ISP should not be allowed to argue anything in court, they should be required (as the phone company is required) to release phone records on a court order, warrant, or summons, and to do so in a timely manner. There should be no simple way to users to hide behind their internet providers.
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Could invoke a law change
I would argue that's simply not true. You seem to have no issue whatsoever with people's free speech and due process rights being trampled regularly.
All because of a small gov't granted monopoly privilege that has been extended way beyond its initial purpose.
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Re: Re: Re: Re: Re: Re: Re: Could invoke a law change
Nope.
Watch network or cable TV?
Nope.
Did you download something?
Yep.
All of those exist because of copyright.
The thing I downloaded didn't have a copyright to it, so, nope.
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Re: Re: Re: Re: Re: Could invoke a law change
For copyright infringement.
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Re: Re: Re: Re: Whats the difference?
> class representatives.
So let's say I get swept up along with thousands of other defendants and I don't even realize it because I'm on vacation, don't read the paper, whatever, and I'm completely innocent. But because the prosecution manages to prove a case against one of the other defendants who *is* guilty, I'm shit out of luck?
Yeah, that's the justice system the Founders envisioned.
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Could invoke a law change
All because of a small gov't granted monopoly privilege that has been extended way beyond its initial purpose.
Show me someone clearly getting their free speech and due process rights trampled on, and I'll show you my outrage.
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Re:
http://en.wikipedia.org/wiki/Evan_Stone
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Re: Re: Re: Re: Re: Re: Re: Could invoke a law change
No.
"Without the ability to sell the broadcast rights, without the ability to sell advertising"
BS.
Selling live broadcast rights is a matter of who you let bring a camera crew through the door, which is not a matter of copyright but a matter of contract law.
The ability to sell advertising is amplified by broadcasting to a wider audience, because advertisers get more bang for their buck. Limiting views also limits your ability to sell advertising (and merchandise).
"those are all things that allow content creators to earn income from their product"
Copyright is ONE of the ways to do that, but not THE way. In today's world copyright is certainly the most intrusive way to remunerate creators.
"Did you go see a movie lately? Watch network or cable TV? Did you download something?"
Actually, no. I don't like to waste much time on things like that. I do download open source software and visit techdirt and twitter and such, but I couldn't claim those exist because of copyright. Actually, I could say they exist in spite of it.
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Re: Re: Re: Re: Re: Whats the difference?
I'm still not getting how you can start this action up with just IP addresses, but I'm also a quart low on caffiene. ;)
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Could invoke a law change
http://righthavenvictims.blogspot.com/
Or, would a shameless copyright maximalist* such as yourself have the audacity to claim that quoting part of an article on the Democratic Underground forums justifiably warrants the invocation of copyright law?
* Really, just a wannabe lawyer who wishes the litigation never ends.
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Re: Re: Re: Re: Re: Whats the difference?
Yeah, that's the justice system the Founders envisioned.
That's how all class actions work. The general principle is that "there has been a failure of due process only in those cases where it cannot be said that the procedure adopted fairly insures the protection of the interests of absent parties who are to be bound by it." Hansberry v. Lee, 311 U.S. 32, 42 (1940). In a class where opt out rights are afforded, adequate protections are representation by the class representatives, notice of the class proceedings, and the opportunity to be heard and participate in the class proceedings. Phillips Petroleum v. Shutts, 472 U.S. 797, 811-12 (1985).
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Re: Re: Re: Re: Re: Re: Whats the difference?
I'm still not getting how you can start this action up with just IP addresses, but I'm also a quart low on caffiene. ;)
I'm on my fifth cup. :)
You're right that there can't be a class until an IP address gets turned into a named defendant over whom the court has personal jurisdiction.
I don't think a change of address would be a monkey wrench since you don't have to absolutely contact each and every person in the class--that would usually be impossible anyway. You just have to give adequate notice. What constitutes adequate notice is decided (and argued) on a case-by-case basis.
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Re: Re: Re: Re: Whats the difference?
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Could invoke a law change
http://righthavenvictims.blogspot.com/
Or, would a shameless copyright maximalist* such as yourself have the audacity to claim that quoting part of an article on the Democratic Underground forums justifiably warrants the invocation of copyright law?
* Really, just a wannabe lawyer who wishes the litigation never ends.
Righthaven's suit against Democratic Underground wasn't frivolous. How did that suit violate anyone's constitutional rights? Even if the copying is fair use, it doesn't violate anyone's rights to bring the suit in the first place.
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Re: Re: Re: Re: Re: Re: Re: Re: Could invoke a law change
Sorry, that argument has been discussed and failed already. One of the great pressures is the idea of live blogging of sport events by non-media. The next step is people using their cell phone cameras to broadcast live. After that, it's a group of people buying double seats and putting HD cameras with wireless networking to more the signal outside.
Trying to stop cameras from getting in to an event only woks if it is considered a "private event". If it is, then they should also have the right to sell the exclusive rights - hence why we have copyright.
Copyright is at the end of the day a structure for getting things done, a common set of rules. It's like agreeing that all cars should drive on one side of the road or the other, but not both at the same time. It's a way of getting things done. The alternate is kaos in business, sort of like driving in India :)
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Re: Re: Re: Whats the difference?
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Re: Porn lawyers with porn names...
My thoughts exactly!
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Re: Re: Re:
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Could invoke a law change
So what you are arguing is offtopic, sorry.
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Could invoke a law change
It's an immoral lawyer's wet dream.
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Re: Re: Re: Re: Re: Re: Whats the difference?
Yes, but those are plaintiffs, not defendants.
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Re: Re: Re: Re: Re: Whats the difference?
Seems like any sane and working-as-expected legal system would fine the legal brain trust that came up with this for wasting the court's time. So, what I mean to say is it will probably be approved.
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The entire p2p issue is absurd!!
The inverse is why are there not 1000's of lawsuits for copying or violating other produced films with the same or similar scenes? In part or in total?
Secondly; The internet is not safe. It never has been safe, but there are methods to protect work. i.e. literary work is a 1000 times more common for theft than film. For film? If the originator doesn't adequately protect his/her work using technology including secure ppv sites? Tough crap.. it probably isn't worth protecting anyway.
Third.. If anyone believes that there is any value in porn movie piracy enough to make a profit distributing it illegally needs their heads examined.
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Re: The entire p2p issue is absurd!!
Second, it's infringement no matter how strong or weak the copy protection.
Third, it doesn't matter if the people distributing it illegally make a profit. It's infringement even if those distributors lose money.
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Re: Re: Re: Re: Re: Re: Re: Whats the difference?
Justice is now decided on the idea that "We are more or less certain you might be part of this group of people and have therefore tried you (not Actually you, simply some person we also think is in the group) in your absence. You are declared guilty due to our choice to compare you with these other people and your inability or lack of notification to choose not to be part of this class"
Some amazing justice there, joe. It is amazing that you are hungering to be a part of it.
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opting out
I won't respond to every comment here, as I am about to file some new cases this afternoon, but I will point out that the cases in other states were 'severed' for joinder concerns. First, many cases were not severed, including all but one of mine. Second, class actions are immune to the improper joinder argument. Lastly, movie companies are going to keep coming up with new ways to go after pirates.
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Re: opting out
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Re: opting out
Right, but class actions are subject to their own set of requirements under Rule 23 which are more restrictive than the joinder requirements under Rule 20. On reflection, I have doubts regarding whether you can satisfy the typicality, adequacy, predominance, and/or superiority requirements. I think there's a reason we don't see too many defendant (b)(3) class actions. Good luck either way, and I applaud you in your innovative way to fight piracy.
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Judge: P2P class-action suit looks like a "fishing expedition"
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https://www.eff.org/deeplinks/2011/03/judge-stays-discovery-openmind-v-does
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