IPFS News Link • Criminal Justice System
IPFS News Link • Criminal Justice System
Adult Film Company Uses 'Reverse Class Action' Lawsuit to Ensnare More Defendants
San Francisco - The Electronic Frontier Foundation (EFF) has
asked an Illinois judge to quash subpoenas issued in a "reverse class
action" lawsuit accusing thousands of people of illegally downloading
pornography, and urged the court to dismiss the case. In a friend of the
court brief filed Tuesday, EFF argued that the plaintiff's "class
action" strategy is an improper attempt to sidestep the rights of the
defendants.
EFF has been involved in a number of copyright troll cases where
content owners and lawyers team up to try to obtain the identities of
thousands of anonymous alleged file sharers at once in order to extract
settlements from them. In response, judges across the country have been
cracking down on such abusive strategies. Thousands of unnamed "John
Does" targeted in lawsuits filed in California, Washington D.C., Texas,
and West Virginia have been severed, effectively dismissing over 40,000
defendants. These rulings may have a significant impact on this
misguided business model, which relies on being able to sue thousands of
Does at once with a minimum of administrative expense.
In this case, OpenMind Solutions v. Does, the plaintiff has taken a
new approach: calling its complaint a "class action" lawsuit against the
alleged infringers. Normally a class action is used by a group of
plaintiffs with similar complaints of a single defendant -- not a single
plaintiff targeting thousand of defendants with no attorney in place to
defend the rights of the accused. OpenMind then asked the court for
permission to issue subpoenas seeking identifying information for the
Does, which was granted without the opportunity for anyone to speak on
the unknown defendants' behalf.