US Court Shields Internet Subscribers From Futile Piracy Complaints
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A New Jersey district court has issued a devastating order against Strike 3 Holdings, the most active filer of piracy lawsuits in the US. In four separate cases, the court denied a request to obtain identities of alleged BitTorrent pirates. The court argues that the underlying complaints are futile. Even if they held up, other issues such as the privacy of the accused and Strike 3’s failure to use other enforcement tools, would warrant a denial. TorrentFreak reports: Last week, New Jersey District Court Magistrate Judge Joel Schneider denied Strike 3 expedited discovery in four cases. This means that it’s not allowed to subpoena ISPs for the personal details of account holders whose IP-addresses were used to share pirated videos via BitTorrent. In a very detailed 47-page opinion, the Judge takes apart various aspects of Strike 3’s enforcement efforts. He makes it clear that these cases should not be allowed to go forward, as the complaints are futile. “The most fundamental basis of the Court’s decision is its conclusion that, as pleaded, Strike 3’s complaints are futile. The Court denies Strike 3 the right to bootstrap discovery based on a complaint that does not pass muster,” Judge Schneid