Judge Not Impressed By Reverse Class Action Attempt In Mass P2P File Sharing Case

from the fishing-expedition dept

We recently wrote about an attempt by one of the growing number of mass P2P pre-settlement lawsuit lawyers, John Steele, to file a reverse of defendant class action lawsuit to try to get around the issue of misjoinder in combining a bunch of totally unrelated individuals in a single lawsuit. Typically, of course, class action lawsuits involve a class as the "plaintiff" not the defendant. It's not unheard of to have a defendant class action, but it is rare. Either way, the judge doesn't seem to be buying it. In a recent hearing the judge noted that the whole thing felt like a fishing expedition, and barred the court from issuing any subpoenas until an adversarial hearing was held. It's unclear who will represent the still anonymous "class," but hopefully the judge takes a note from another court and brings in experts like Public Citizen and the EFF.

Filed Under: class action, file sharing, fishing expedition, john steele, p2p, reverse class action


Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. identicon
    Anonymous Coward, 16 Mar 2011 @ 7:54am

    Re: Re:

    Chicken and the egg problem here: You cannot legally prove violation (get a conviction or judgement against) without knowing who you are going after. ISPs work hard to shield their users, making it incredibly difficult to even get information to go forward with a lawsuit.

    I actually hope the plaintiff loses this suit, because it will be just another reason why there need to be clear rules to stop end users from being able to hide behind ISPs and service providers.

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown. Use plain text.
  • Remember name/email/url (set a cookie)

Follow Techdirt
Techdirt Gear
Shop Now: I Invented Email
Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

Close

Email This

This feature is only available to registered users. Register or sign in to use it.