Washington, D.C. - On Wednesday, June 30, at 2:15 p.m., a federal court in Washington, D.C., will hear oral argument from the Electronic Frontier Foundation (EFF) about dividing up the mass copyright infringement lawsuits that improperly and unfairly target thousands of BitTorrent users.
A Washington, D.C., law firm calling itself the "U.S. Copyright Group" (USCG) has filed "John Doe" lawsuits on behalf of seven filmmakers that implicate well over 14,000 anonymous individuals in alleged unauthorized downloading of independent films, including "Far Cry" and "The Hurt Locker." EFF and co-amici Public Citizen and the American Civil Liberties Union (ACLU) Foundation contend that these suits improperly lump thousands of defendants together, a shortcut that deprives the defendants of fair access to individual justice. In court on Wednesday, EFF Senior Staff Attorney Corynne McSherry will argue that USCG has not offered enough evidence of a relationship between the defendants to justify suing them together.
The stakes are high for anyone identified in USCG's slipshod cases. USCG's strategy appears to be to threaten a judgment of up to $150,000 per downloaded movie -- the maximum penalty allowable by law in copyright suits and a very unlikely judgment in cases arising from a single, noncommercial infringement -- in order to pressure the alleged infringers to settle quickly for $1,500 - $2,500 per person. Earlier this month, EFF, the ACLU, and Public Citizen filed an amicus brief in three of these cases, outlining how the lawsuits flout the legal safeguards that protect individuals' rights.
Achte-Neunte v. Does
West Bay One v. Does
Wednesday, June 30
United States District Court for the District of Columbia, Courtroom 2
333 Constitution Avenue, N.W.
Washington, D.C. 20001
For more on these cases:
Senior Staff Attorney
Electronic Frontier Foundation