Sunday, November 21, 2010

Judge requires plaintiff to show basis for jurisdiction in Achte/Neunte v Does 1-4577

Thank you to Slashdot and Slyck for bringing this most recent ruling to my attention.

In Achte/Neunte v. Does 1-4577, one of the mass file sharing "John Doe" cases, involving motion pictures, following the RIAA model, the judge has ruled that the plaintiff is required to show a basis for suing defendants in the District of Columbia court.

The ruling came about in the context of an order partially granting plaintiff's motion to extend time to serve defendants.

Order partially granting motion for extension of time to make service

The defendants who'd opposed the motion were represented by:

Carey N. Lening of Washington, D.C.
Christina A. DiEdoardo of San Francisco, California
Tuna Mecit of Washington, D.C., and
Bradford A. Patrick of Tampa, Florida

Opposition memorandum

The Court has previously denied various motions to quash in this case. See, e.g.

Order denying motion to quash (9/10/10)
Order denying motion to quash (11/18/10)

The Court has also granted Time Warner a partial protective order:

Order granting Time Warner limited protective order

And the Court has ruled that the defendants -- who are seeking to preserve their anonymity -- may not proceed anonymously. I.e., any defendant who wants to try to prevent Time Warner from disclosing his or her name and address to the plaintiff must disclose his name and address to the plaintiff. [?!]

Order requiring John Does to disclose their identities in order to participate in the litigation

[Ed. note. It's about time a judge has woken up to the lack of personal jurisdiction in the John Doe cases. I've been pointing out this injustice for the past 5 years. It's outrageous to be suing the "John Doe" defendants hundreds or thousands of miles away from where they reside. Why have so many judges, including Judge Collyer, ignored that issue to date? -R.B.]

Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music player Bookmark and Share

1 comment:

T2 said...

There's a followup to this case you may want to add to your blog, Ray:

(I got the link from another EFF page summarizing copyright troll lawsuits: )

Cheers mate.