Defendants, ISPs: D.C. Court Doesn’t Have Jurisdiction in P2P John Doe Case

August 30, 2010 -

As a court case in the District of Columbia court against 14,000 "john doe" defendants filed by the US Copyright Group over file sharing movies continues, increasingly defendants and ISPs are saying that the court has no jurisdiction over them.

One John Doe defendant in the D.C. case sent a letter to the court saying that he has never traded files, nor lived, used an ISP, or worked in the D.C area and that adding him as a defendant is improper because he has nothing in common with the "co-defendants." Here's what he wrote to the court:

"There is a lack of personal jurisdiction over John Doe in the District of Columbia," he writes, "He has never lived, worked, or used any Internet service in the District of Columbia."

"Adding John Doe as a defendant in this matter would be improper because John Doe has nothing in common with his prospective co-defendants."

"Jurisdiction and joinder" are important points because the Electronic Frontier Foundation argued these very points before the presiding judge, , who declined its request saying that it was not the proper time to make that argument. Nevertheless, defendants and ISPs are making those arguments and they are not waiting to do it at the judge's discretion. In fact, one ISP isn't arguing within that court's jurisdiction at all.

 

South Dakota ISP Midcontinent Communications was not happy that a subpoena demanding that it look up the names and addresses of several dozen users for a P2P lawsuit over the film The Hurt Locker.

Instead of replying to the DC District Court, Midcontinent's lawyers went to South Dakota's federal court and argued that the DC court had no jurisdiction over the company. The company's lawyers simply argued that if US Copyright Group wanted the information, it would need to file its request with a court in the Eighth Circuit, where Midcontinent does its business:

"Since the information requested is in Midcontinent's office in Sioux Falls, South Dakota, a subpoena to retrieve that information would have to come from this Court, not a District of Columbia court," says the filing.

Midcontinent also said that the subpoena came via fax and not by mail or messenger, and that it had contained no promise to pay the company's $350+ in costs to do the lookups.

At the end of the day John Doe filings with the court and ISPs that do not do business in the D.C. area may be compelled to fight against US Copyright Groups efforts. It will be interesting to see what other courts have to say about this as it relates to ISPs, and if this is a path for "John Does" to go to deal with this blind, blanket legal action.

Sourced: Ars Technica


 
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Andrew EisenIt's a cute joke to make but it’s important to note that the person's view is not gendered. It's not about not supporting a female dev, it's about not supporting GamerGate. Gender is irrelevant in this case.11/26/2014 - 1:10pm
Neo_DrKefkaToo add what Andrew said about the The Ralph Retort it is no different from what you read at Gawker. I remember reading The Ralph Retort on how Boogie was the bad guy from being on the fence until he jumped to the GamerGate side.11/26/2014 - 12:42pm
Wonderkarpthat, I do not know the answer too. I see some people saying they wont vote for her because of it. I'm pointing out the irony.11/26/2014 - 12:31pm
Andrew EisenIs this call to not vote for her game widespread or is it just the one tweet from the one guy?11/26/2014 - 12:19pm
Wonderkarphttps://twitter.com/GMShivers here's her twitter if you wanna look. I didnt see any harassment. 11/26/2014 - 12:07pm
Andrew EisenI'm just curious what kind of GamerGater the dev is. Does she harass people? If so, I could understand the desire not to support her. "Very Pro-GG" doesn't tell me anything.11/26/2014 - 12:05pm
NeenekoWhile boycotts have their place, small ones like that just hurt small producers for no real gain. It is just being petty.11/26/2014 - 12:02pm
WonderkarpI'm addicted too their deals :P When I find an alternative, I'll drop Kotaku :P. you Tease cause you care though :)11/26/2014 - 11:57am
Andrew EisenWarning, light teasing incoming. Ahem. So, not only could you not go a full four hours without reading The Ralph Retort, but you read Kotaku? A site you say you're actively trying to convince others to stay away from? Wow!11/26/2014 - 11:56am
Wonderkarpi love nintendo <311/26/2014 - 10:27am
MaskedPixelantehttp://www.siliconera.com/2014/11/26/pokemon-omega-rubyalpha-sapphire-sold-3-million-worldwide-three-days/ More good Nintendo news that I can't wait to be turned into "NINTENDO IS DOOMED" articles by certain outlets.11/26/2014 - 10:03am
Wonderkarpthough its kinda ironic, as this cartoon shows. https://pbs.twimg.com/media/B3XCIeQCUAAWWkv.jpg cause I thought it was about wanting more women in games?11/26/2014 - 9:39am
Wonderkarphuh. thats weird... http://steamcommunity.com/sharedfiles/filedetails/?id=34087710511/26/2014 - 9:37am
Wonderkarpyeah. even being pro gg, I still dont boycott. Its stupid. I still go to Kotaku. Though I have a BS filter up. But I am addicted to their deals. 11/26/2014 - 9:36am
MaskedPixelanteI dunno, it looks like a Modern Warfare clone. Probably because the link you posted links to a screencap from Modern Warfare 2.11/26/2014 - 9:34am
james_fudgeI think boycotts arer wrong, almost always..11/26/2014 - 9:33am
WonderkarpI voted for it. looks cute. wish it was on ipad11/26/2014 - 9:30am
WonderkarpAntiGG people on twitter are calling for a boycott of an Indie game created by somebody on the "Blocklist". telling people not to vote for it on Steam Greenlight. Its a cute game about plants! http://steamcommunity.com/sharedfiles/filedetails/?id=3408771011/26/2014 - 9:22am
NeenekoWhich ties into a rather vicious cycle of mutual distrust.11/26/2014 - 8:28am
E. Zachary KnightNot really a suprise, but race correlates heavily with how one views the cops. http://reason.com/blog/2014/11/25/polling-finds-a-stark-racial-divide-in-p11/26/2014 - 8:22am
 

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