Most of the defendants are sued in bulk, with copyright holders joining hundreds or thousands of alleged copyright-infringing IP-addresses in a single complaint. The rightsholders then ask the court to grant a subpoena to identify the account holders behind the IPs, who are then approached with settlement requests of a few thousand dollars.

After an initial avalanche of mass piracy lawsuits in 2010 and 2011, federal courts in several districts ruled that these cases should be restricted to one defendant each. Last year several ISPs asked for a similar ruling in the District of Columbia, but without success.

Judge Beryl Howell ruled against the Internet providers and granted the adult movie company AF Holdings the right to obtain the personal details of more than 1000 Internet users suspected of downloading their works using BitTorrent.

The adult film studio and its controversial law firm Prenda celebrated the verdict as a huge win, since many other judges had previously rejected joining so many defendants in one lawsuit. Adding to the controversy, Judge Howell told the ISPs who joined the case that they were not doing enough to stop online piracy.

The ISPs were disappointed with the ruling and Comcast, Verizon, AT&T, Time Warner and Cox filed an appeal hoping to reverse it. The case has been lingering for a few months but yesterday the ISPs filed their latest brief.

The providers argue that the request for customer information is not supported by good cause, as previous cases have shown that AF Holdings has no intention of actually serving the defendants. “In 118 multi-Doe actions filed by Plaintiff’s counsel during a two-year period, none has resulted in a defendant being named and served,” they write.

In addition, the ISPs note that the adult studio is only attempting to generate as many settlements as it can, at the lowest cost without knowing whether the defendant is actually the person who downloaded the copyrighted work.

“Plaintiff’s primary purpose in seeking the personal information for hundreds or thousands of Internet subscribers per lawsuit is to extract payments without conducting any investigation into whether the subscriber — rather than another person using the subscriber’s Internet connection — is indeed responsible for accessing Plaintiff’s film without paying for it.”

The ISPs continue by citing several similar cases in which judges ruled that joining so many defendants in one case is not allowed. If the current verdict is upheld, they fear that the District of Columbia will become a “unique venue” for copyright holders to “gain the Doe defendants’ personal information and coerce payment from them”

Finally, the ISPs mention the controversial nature of the law firm Prenda, who were recently punished in court for their mob-like tactics. Among other things they note that Prenda’s principals used The Pirate Bay as a honeypot, relied on fictitious persons as clients, and submitted fake documents in support of their lawsuits.

“In the wake of these revelations, virtually all of Prenda Law’s multi-Doe cases have been dismissed or transformed into investigations into misconduct by AF Holdings’ principals and counsel. Yet, incredibly, Plaintiff derides the ISPs for objecting ‘with an air of moral superiority’ to Plaintiff’s ongoing efforts to extract personal subscriber information from them,” the brief notes.

The ISPs tell the court that this “lack of candor” should be addressed, and they ask the judge to throw out the case, or reduce the number of defendants from 1,058 to just one.

It’s good to see that Comcast, Verizon, AT&T, Time Warner and Cox are attempting to protect their subscribers. Of course it’s in their own interests, but it also helps to minimize the profitability of these classic copyright troll lawsuits.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

Through these mass lawsuits the copyright holders are trying to obtain the personal details of (mostly) BitTorrent users who allegedly shared their material online. Once this information is handed over, they then offer the defendant the opportunity to settle the case for a few hundred up to a couple of thousand dollars, thereby avoiding a full trial and potentially even bigger financial penalties.

In the United States the judicial system is currently being overloaded with new cases, but the scope of the issue was never really clear until now. An anonymous TorrentFreak reader has spent months compiling a complete overview of all the mass P2P lawsuits that have been filed in the US since the beginning of 2010, listing all the relevant case documents and people involved in a giant spreadsheet.

The research shows that between 8th January 2010 and 21st January 2011, a total of 99,924 individuals have been sued. The vast majority of the defendants have allegedly used BitTorrent to share copyrighted works but a few hundred ed2k users are also included.

Of the 80 cases that were filed originally, 68 are still active, with 70,914 defendants still in jeopardy.

What’s further worth noting is that although the makers of the Hurt Locker were one of the first to sue, this scheme has now been hijacked by copyright trolls and adult movie studios. Nearly all the cases filed recently involve adult material, and the law firm behind the pioneering United States Copyright Group has now accepted its first adult cases as well.

The mass lawsuits have had quite a lot of criticism from consumer rights organizations, the Electronic Frontier Foundation (EFF) in particular. One of the main points of critique is that the copyright holders have no intention of going to a full trial against each of the defendants. They are out to get a settlement, which means that the (possibly weak) evidence will never be tested in court.

Two weeks ago the EFF filed an amicus brief in which it asked an Illinois judge to quash subpoenas issued in pay-up-or-else lawsuits involving alleged illegal file-sharing of pornography.

“Copyright owners have a right to protect their works, but they can’t use shoddy and unfair tactics to do so,” said EFF Intellectual Property Director Corynne McSherry. “We’re asking the court to protect the rights of each and every defendant, instead of allowing these copyright trolls to game the system.”

All the information regarding these mass P2P cases can be accessed by the public though this Google spreadsheet that will be regularly updated.

“I am hoping that having the data available will stimulate discussion and that it could be of value to people actively resisting/fighting the suits. Even if that is overly optimistic, public access to the information that shows the scope of this bullshit is, in and of itself, a good thing,” the anonymous spreadsheet creator told TorrentFreak.

Stopping the lawsuits wont be easy though, considering the huge amounts of money that can be made by the suing parties. Just multiply the 100,000 defendants by an average settlement proposal of $1000 dollars and it’s clear that tens of millions of dollars can be made with this dubious scheme.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.