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US Copyright Group Drops Cases Against Thousands of BitTorrent Users

The US Copyright Group (USCG) campaign to turn piracy into profit is starting to fall apart. Today, the anti-piracy lawyers dropped 97% of the alleged BitTorrent file-sharers from the Far Cry case because of a lack of jurisdiction. This setback seriously limits the profitability of the law firm’s business model, and is a clear victory for thousands of people who were pressured to pay expensive settlements.

torrentfreakSince the beginning of this year the United States Copyright Group (USCG) has sued tens of thousands of BitTorrent users who allegedly shared films without the consent of copyright holders.

One of the copyright holders who teamed up with USCG are Achte/Neunte, the makers of the movie Far Cry. This case originally had 4,577 defendants, all of whom were accused of distributing the film via BitTorrent.

However, three weeks ago District Court Judge Rosemary Collyer ordered USCG to limit their case only to those defendants who the Court has jurisdiction over, and in an amended complaint filed today the anti-piracy lawyers have done just that.

Of the thousands of defendants, only 140 remain in the latest complaint. The remaining 4,437 were dropped from the case without prejudice. The new complaint specifically states that the remaining defendants reside in the District of Columbia, where the case was filed.

“The named Defendant resides in this District. Although the true identity of each remaining Doe Defendant is unknown to the Plaintiff at this time, on information and belief, each remaining Doe Defendant may be found in this District and/or a substantial part of the acts of infringement complained of herein occurred in this District,” the lawyers write.

These recent developments are welcome news to the thousands of people who have been pressured to pay thousands of dollars in settlements over the past months, including those in the Hurt Locker case. As it now stands, all people being chased by USCG outside of the Court’s jurisdiction can have their case dropped.

“This is certainly a reassuring decision for file sharing defendants in parallel cases around the country although they remain vulnerable to file sharing suits brought in their home states,” Stewart Kellar, a California attorney representing several defendants in the Far Cry Case, told TorrentFreak in a comment.

It has to be noted, however, that the cases have been dropped without prejudice, which effectively means that USCG can file suit against defendants again at a later stage if they so choose.

That said, having to file cases in dozens of states will significantly increase the workload for USCG’s lawyers, not to mention escalating costs. The question now is whether or not the scheme will remain financially viable.

Right now there is little doubt that what first seemed to be a relatively effective and profitable way to turn piracy into a healthy revenue stream, is rapidly turning into a nightmare for the anti-piracy lawyers and their partners.

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  • Afficionado

    Good.

  • Kirkpad

    This is a lesson to these kinds of groups: only bite off what you can chew.

  • anon

    first article today that made me smile :)

  • Tim

    Good for now, wonder how long it takes until another company tries the same strategy…

  • Dumb

    Silly article.

    You realize the dismissal doesn’t mean much, right?

    The original lawsuit only served as a vehicle to identify the John Does by subpoena.

    They’re going to re-file cases against individual defendants in proper jurisdictions.

  • Anonymous

    We don’t need sites that link to torrent files or even provide magnet links, we just need sites that describe torrent files based on their info hash. Check out the “/r/narwhalbits” subreddit and the “Torrent Hash Linker” userscript, to get the gist of the idea.

    What are the anti-pirate gonna say? That it’s illegal to write down a 20 byte SHA1 hash?

    We could quite easily write an info hash and title on a piece of paper and send it by post.

  • http://torrentfreak.com Ernesto

    @5

    We know you’re going to, but it’s getting more expensive now right?

    Silly lawyers ;)

  • soulBit

    There’s a Far Cry movie?!?!

  • J

    yep… its rubbish. They are suing because everyone downloaded it, realised it was rubbish and didnt buy it

  • Anonymous

    @5 ya but having to file IN EVERY JURISDICTION will mean large cost and much larger then they have to begin massive suits like this.

    In ohter words at 200-300$ a hour, instead of an 5 hours work to do 4700 bits a paper to be filed in one place. THESE lawyers have to goto each district and that means time and money and cost and file and file and file….. might mean thousands of hours…..and when you add those costs to settling it could mean as much cost now to fight it with a chance to win versus same cost before to lose.

    IT has put a major crimp in these crooks pockets and with a 19.95 form …..

  • Arb

    They should have to go after people in local court instead of making them have to fly to another state to defend them selves.

  • Dumb

    Ernesto,

    Bad guess. I’m not them.

    I’m not sympathizing with them either, but your notions about cost are pretty naive.

    They don’t need to sue everyone to spread fear. Just, say, a couple hundred at a time, seeking big statutory penalties. And then waive the threat of further suits against those who haven’t paid up.

    Regardless, your story reads WAY TOO MUCH into an not very important development.

    I don’t think their efforts will be successful in the long run, but you’re jumping the gun.

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  • anon

    @8 apparently, probably sucks but I’ll torrent it to find out ;)

  • Marcus

    @9
    Ain’t that the truth.

  • Anon

    This thing is all but over. Does anybody know what sort of leg work and expense is involved in just trying to figure out who is even worth suing? What would the point be of filing suits around the nation on people who you don’t even know will be able to pay? And on top of it this is a civil suit..bankruptcy will wipe it out and the “take the house” stuff is pure #@$%. This has been about extortion all along. Most of these remaining people will be squeezed for a settlement because DGW sure as hell doesn’t want to go to trial on all of them.

  • reality

    @5
    The USCG has been claiming that they would refile in local jurisdictions since August. So far, nothing has been done. Have they even began to sue anyone individually? Nope. It is just a big ploy. These guys have no game and they know it. If they meant business then they would have started truly suing people in August, when they said they would.

  • Dumb

    @16
    Not a bad point. However, lost in the news about them dropping thousands of defendants is news about them continuing to sue 140 people. Presumably those people live in the DC district and are headed to trial.
    The rest don’t live in DC and if they’re sued, they’ll be sued outside of DC. So they had to be dropped. Not sure if it means they’re off the hook yet.
    Also, keep in mind that many may have already settled.

  • Giggity0ne

    It’s the people PAYING them that mind the extra work. The lawyers are getting paid to do this; they don’t care as long as they get paid, that is, unless they’re paying themselves.

    Someone said, “Silly lawyers.”

    Corollary: Silly lawyers should never feed themselves.

  • Anonymous

    OMG.. @5 n @12

    It’s a “” PAY UP OR ELSE “” scheme !

    Even a small cost , to get US to “”pay up”" , is too much of a cost for them.
    . . . . . . . . . . . . . . .

    They already spend money to get ip/user details.

    Now , ALSO they are going to spend more , on taking the cases to court ?
    Where they will probably LOSE.(99% chance)
    . . . . . . . . . . . . . . . . . .

    After . inital “”PAY UP OR ELSE”"…..

    People who are innocent .. WON’T pay

    SOME People who are guilty WiLL pay.

    SOME People who are guilty , but know there is no VALID proof , WON’T Pay.

    .

    SO…. WHO can they win against ?

    Their “”Evidence”" (lol) is “heresay”".
    Proof is not available.

    my point:
    Actually , taking people to court is , logically a waste. AND puts the scheme in jepordy.
    .

    eg… they lose..

    OMG… imagine… a precedent…

    ?
    iP address can not be used to identify filesharers….

    There “”pay up or else “” scheme would be dead in the water.

  • Anon

    This development is rather small in the scale of things, but it goes to show what will likely happen later on. The big companies simply don’t have the resources to go after this stuff; somewhat like trying to kill a swarm of flies with a steamroller… or something along those lines.

  • Anonymous

    It is too risky to take too many people to court.

    ONLY cases that can be won 100% will ever go to court.

  • Anon

    “The named Defendant resides in this District. Although the true identity of each remaining Doe Defendant is unknown to the Plaintiff at this time, on information and belief, each remaining Doe Defendant may be found in this District and/or a substantial part of the acts of infringement complained of herein occurred in this District,” the lawyers write.

    In other words they STILL HAVEN’T NAMED ANYBODY!

  • Doink

    they should all counter sue for time and bandwidth wasted downloading such a lousy stink bomb of a movie.

  • silly

    with those money, i think they should made another movie, so everyone could download it again…lol

  • hotdog

    “I said to myself earlier in a non- religious way that the good people die as saints.The evil people die in the fire of hell for eternity.”
    Those who force evil on others will forever be doomed.The goodness in people make us all live well.The bad have pain over their shoulders and will never live in happiness..
    The only happiness they can live is money and when death comes.There no longer is money and you have nothing just be forgotten.
    “KARMA” has its way my friends lmao great article.We need more like this :D

  • hzdrthzd
  • Anonymous

    LOL, IP means nothing. Good luck sueing my 70yr old neighbor (who has a password on his wifi) for torrenting the hurt locker. Because it wasn’t him…

  • Pongy Pow

    Nice, now thats what I am talking about dude.

    privacy-resources.edu.tc

  • Anonymous

    Isn’t there a statute of limitations on this? Meaning that have say 3 years to file suit? They’ll eat up more funds filing for extensions. I can’t see thousands of suits going on at the same time.

    They will also have to enlist other law firms licensed in those other areas, who will not do it for free. They can file motions to appear pro hac vice, but that is very limited since they only have a certian number of lawyers and is not a guarantee that it will be accepted. I can’t imagine the have firms lined up at the door with all the bad publicity.

    I doubt they have the funding to pursue even 1/10 of these cases. The ones that they do persue will be in the courts for years and how much money will they really get from people who simply cannot pay 50 or 100K? I’d have to file bankruptcy myself. I’d probably go bankupt just trying to defend myself.

    An cases that go away from DC will be very carefully selected. Sure winners and people with the most assests.

  • Milo

    They’ve got more problems than just this. They also now now have to defend themselves against a Class Action lawsuit filed against them.

    http://www.slyck.com/story2141_Class_Action_Lawsuit_Filed_Against_US_Copyright_Group

    Their expenses in this scheme will be outweighing their profits in no time, if they’re not already, so they may not be around too much longer.

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  • Because You Can’t Torrent Beer

    :)

  • Anonymous

    @12 (Dumb)

    “They don’t need to sue everyone to spread fear.”

    Well, they’ve failed to “spread fear” because no one is actually scared of them (except perhaps the people who are being sued, but that’s not a sure thing either). In reality, millions upon millions of people are going to continue sharing, and it will never end. This just means it will cost more for them, and their entire “get rich quick” scheme will hopefully eventually crumble.

  • Ninja

    Owned. No need to say more.

  • Bryan

    @17

    your wrong, my guess is that none of the 140 presumably in DC are going to trial, mainly because it’s wildly expensive. the RIAA lost about 20 million during their lawsuits, mainly because they actually went to trial. in this case, if the USCG went to trail, it would likely take a couple years, require hundreds of attorney hours, expert witness to testify on the IP logs, bittorrent protocol, etc, filing of evidence motions, damages and then possibly retrials for damages, like in the Jammie Thomas-Rasset Trial. overall, they would be spending likely hundreds of thousands of dollars to get money from someone who likely doesn’t have any. This would be a very expensive way to scare someone. In the UK, Crossley has never actually sued anyone, I don’t think the USCG is any different. the fact that the suit is dropped doesn’t mean that they are off the hook, but it means filing suit would be even more expensive than in DC. Also, these lawyers are not being paid, they are working on contingency, so anything they spend is coming out of their own pockets. basically, they aren’t dead, but they’re drowning.

    btw, I’m a law student, and yes Ernesto, lawyers truly are silly. I think the quip is true about the 99% of unethical lawyers ruining it for the 1%. I just hope to be one of the 1% :)

  • Anon

    @32 You are quite correct. They can make sharing harder, but those who really want to do it cannot be stopped. Our tools are far too numerous and expansive.

  • Anonymous

    The 139 IP addresses that are still on the complaint are scattered across the U.S. They are not solely in D.C. It makes USCG’s strategy a lot more curious.

  • Harry Bush

    I farted a wet misty vapor that hung in the air for an amazingly long time. It reminded me of the MAFIA for some reason or another.

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  • Cashman Law Firm, PLLC

    I had a number of clients who were sued by the DGW attorneys for the Far Cry lawsuit. Today is a victory that belongs to you, the internet community. You fought and won against those who used the legal system as a tool to solicit and elicit settlement payments from the you without providing evidence to support their claims against you. Today you won.

    I anticipate that other cases will have similar results, and that the plaintiff attorneys will regroup and will strategize a new and cost-effective means of moving forward against you. Perhaps they will go after each one of you individually in your own courts. This would be costly for them, and would require that they reach into jurisdictions in which they are not admitted to practice law. Perhaps they will find ways to group future lawsuits into smaller numbers or classes and proceed that way. However they move forward, we will be there for you.

    Warm regards,
    Rob Cashman
    Cashman Law Firm, PLLC
    http://federalcrimes.cashmanlawfirm.com

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  • 5318008

    THIS.

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  • PlayBoyMan

    The following sums up everything I want to say:

    ^_^

  • Boycott

    Please join The Pirate Bay in boycotting paypal.

    http://thepiratebay.org/blog/185

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  • gg

    Good for those accused for sharing Hurt Locker as well.

  • Caller of boredom

    Reading TF just makes me want to pirate more and more stuff off BT. Why? simply because I get pissed off at the entertainment industry for the way they act against: kids, retirees, single parents, students… How can someone be on their side when they pick on vulnerable people?

    Now, if they only went after organized gangs who dl movies and sell them on DVD, then I’d be applauding their effort because these criminals would be profiting from selling something they don’t own the copyright to.

    Because let’s all remember this people, copyright was and is intended to make sure nobody but the rights holder can legally make money from selling the copyrighted work. Copyright has never been intended to prevent people from enjoying copyrighted material, even if they have not paid for it.

    So I with this in mind, I will close in saying: “Sharing is Caring”.

  • Anonymous

    hell yes @43

  • Anonymous

    “US Copyright Group Drops Cases Against Thousands of BitTorrent Users”

    Better than to die.

  • P

    C is for CARING that’s good enough for me

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  • Anonymous

    richard nick

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  • Flying Dutchman

    @43
    And the Printers! Don’t forget those poor printers they sued in the past! They have no means to defend themselves! Someone think about the Printers!

  • Jeff

    Since a picture of Nelson Muntz cannot be directly posted here, a description will have to do:

    (Points finger) HA HA!!

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  • Newbie to this…

    Ok, I admit I’m a newbie to this, but if I buy a book off the shelf…and share it with a friend…that isn’t illegal…and books are “copyrighted” too.

    So how come sharing computer files (even movies) is even being pursued by these guys as an illegal activity? Sounds stupid to me.

  • granny

    @5

    please check out this site:

    http://www.evestigate.com

    go to the FAQ, and look at what it costs to have this done.

    My demand letter states, and I (again) quote “If forced to proceed against you in this lawsuit, we will most certainly have a computer forensic expert inspect your computer in an effort to locate the subject movie file”

    So, you (ooops) “THEY” will obtain jurisdiction where I live, pay to file, and pay to also have this done? Do I have that correct? Maybe they will take one look at me, and die laughing at the absurdity of this ……..

    Yes, there are innocent folks caught up in this mess, just as there are some who probably did it.

    And inspire fear? Yeah, for some of us older folks who had no idea what all of this was about….We learned how to Google real quick!

    P.S. “Dumb” gotta love the name!

  • dumb lawyers

    @50, well said, can not agree more!

  • Anonymous

    #50 When you lend a book, CD, DVD or any other copyrighted work, you are not duplicating it. You are lending it and you cannot use it while someone else is. Buying a book and lending it out is similar to inviting a friend over to watch your new DVD, It’s OK.

  • Isn’t it funny

    that @50 Has it wrong.

    If you lend the friend the book, it must be contained in the original cover

    this book is sold subject to the condition that it shall not, by way of trade or otherwise, be lent, re-sold, hired out, or otherwise circulated without the publisher’s prior consent in any form of binding or cover other than that in which it is published and without a similar condition including this condition being imposed upon the subsequent purchaser.

    You cannot both read the book at the same time as you lend him your copy.

    Where as copy a torrent to a 1000, 10000 100000 “sharers” they can all watch/listen/etc all at the same time and not under the same cover

    Bad analogy, unfortunately. This is what the proponents of “sharing is OK” conveniently forget when making comparisons to justyify copyright infringement.

  • Adam

    They will just raise the amount they demand from people to cover the increased costs…just watch

  • yoohoo

    @Granny

    I saw that site the other day as well, and what it’ll cost them alone is insane. I laughed for like 5 minutes straight at the thought that they’d follow through on those threats to everyone.

  • Anon

    The threats to re-file in home jurisdictions is simply a ploy to keep people in the other suits paying up before this all comes crashing down. I cant think of any local firms stupid enough to pick up a contingency case form these idiots. It would be a money drain..the odds of any of these does being rich enough to pay up a trial verdict is way to slim for anybody to take the risk. We are not talking deep pockets la the RIAA here. This is a scam of Nigerian proportions.

  • Anon

    Everybody needs to stop paying these leeches. Make them file individual suits.

  • Anon

    Also beware of these other lawyers popping up to defend you in a suit in which you haven’t even been named yet. They are out looking for a quick buck off of this too.

  • ITS A SCAM!!
  • JD

    I’ve noticed on this website, usually within the first 5 or so posts, there is that one person who is always defending the mafia.

    I think that person is constantly checking here for updates. Obviously with no life, and most likely is one of the goons that work for the lawyers doing the suing.

  • ITS A SCAM!!

    @5

    Which is why they fought to have it all stay in DC in the first place?

    Which is why they ignore misjoinder?

    Which is why they wanted 5 years to milk this scam. till the judge forced them into this?

  • john

    Poor bastards….they think they cant win against the internet

  • granny

    @61

    I had the same thought……

    maybe they are checking to see if they still have a chance to bully and extort without having to spend a LOT of money, over and above what they have already wasted on getting IP addresses, and printing these letters, and postage….

    it’s going to be interesting to see if I get another letter……..

    They really had bad timing, though…Santa is making his naughty list……..

  • Virgil

    The funniest part of this whole case is that someone thought that piece of crap movie had any chance of making any money in the first place.

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  • n3sc13nt

    It’s this sort of thing that makes life all the more pleasant.
    *contented sigh*
    I’ve always been a fan of the expression “Desperation is a stinky cologne…”.
    Especially in the case of the MPAA/RIAA, I can’t imagine a more fitting summation.
    People know, instinctively, when they’re redundant.

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  • peter c

    seriously, we dont need people filing lawsuits to ruin peoples lives, we need ONE file-sharing site, that is run by the government, or one of theese idiotic groups, to stop piracy of movies and music and ESPECIALLY GAMES. yea sure, i would HATE to have to start buying music, but i hate seeing thousands of peoples lives ruined because of the music industry robbing you out the ass when buying cd’s. if anyhting. stuff like this makes the situation worse. but honestly, is seven dollars a month too much for you to watch the movies you want, because if it is then how do you own a computer to pirate stuff anyways.

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  • BSomms3

    I was one who was being sued – I never downloaded the movie but I am not claiming I never have downloaded a movie in the past. I spoke with a very expensive attorney on the matter who specializes in these matters – he ultimately told me to pay the settlement – I paid last month to the tune of $2500.

    The problem was the unknown – what if it went to trial and how much would it cost to prove my innocence – it was blackmail for lack of a better word. Now I want to know, can I get my money back…

  • tourbar

    @68 you changed your id and post another fear spreading piece of?

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  • Anonymous

    BSomms3, i’m a producer and i currently have an attorney going after thousands of torrent infringers. your attorney gave you good advice to pay the settlement because if the case went to court you could slapped with a fine up to $150K. movies aren’t free, stolen movies are free!

  • Anonymous

    @70 the lawyer gave him bad advice. Actually, that was all made up by people like you trying to scare people into paying, so it’s not only bad advice, it’s dishonest. This will cost you and your pals more than you’ll ever get and it will not help your cause. It will only service to push infringers deeper increasing your problems.

    I I am not one being sued and I do not download music or movies. I do not condone that at all. However, I do dislike the tactics used, so I have a list of film studios that I am boycotting. I am not alone in this. This is bad PR for you, plain and simple. I see Copyright infringement as a problem, but not as big of a problem these machine gun tactics that you are using to fight it.

    $150,000.00 would not scare me 1 bit. I can’t pay $1000.00, so it might as well be a million. You can’t get blood from a stone and most of the cases that you win (if any), any award will be unrecoverable anyway. Conbine that with it not even putting a dent in downloading, what’s your cause?

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