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


 
Forgot your password?
Username :
Password :

Poll

How do you usually divide up your Humble Bundle payments?:

Shout box

You're not permitted to post shouts.
Matthew WilsonI have said it before net nutrality will not be made in to law until Google or Netflix is blocked, or they do what they did for sopa and pull their sites down in protest.04/23/2014 - 8:02pm
Andrew EisenGee, I guess putting a former cable industry lobbyist as the Chairman of the FCC wasn't that great of an idea. http://www.nytimes.com/2014/04/24/technology/fcc-new-net-neutrality-rules.html?_r=204/23/2014 - 7:26pm
Andrew EisenIanC - I assume what he's getting at is the fact that once PS3/360 development ceases, there will be no more "For Everything But Wii U" games.04/23/2014 - 5:49pm
Andrew EisenMatthew - Yes, obviously developers will eventually move on from the PS3 and 360 but the phrase will continue to mean exactly what it means.04/23/2014 - 5:45pm
IanCAnd how does that equal his annoying phrase being meaningless?04/23/2014 - 5:09pm
Matthew Wilson@Andrew Eisen the phrase everything but wiiu will be meaningless afer this year becouse devs will drop 360/ps3 support.04/23/2014 - 4:43pm
Andrew EisenFor Everything But... 360? Huh, not many games can claim that title. Only three others that I know of.04/23/2014 - 3:45pm
MaskedPixelantehttp://www.joystiq.com/2014/04/23/another-world-rated-for-current-consoles-handhelds-in-germany/ Another World fulfills legal obligations of being on every gaming system under the sun.04/23/2014 - 12:34pm
Matthew Wilsonhttp://arstechnica.com/gaming/2014/04/steam-gauge-do-strong-reviews-lead-to-stronger-sales-on-steam/?comments=1 Here is another data driven article using sales data from steam to figure out if reviews effect sales. It is stats heavy like the last one.04/23/2014 - 11:33am
Andrew EisenI love RPGs but I didn't much care for Tales of Symphonia. I didn't bother with its sequel.04/23/2014 - 11:21am
InfophileIt had great RPGs because MS wanted to use them to break into Japan. (Which had the side-effect of screwing NA PS3 owners out of Tales of Vesperia. No, I'm not bitter, why do you ask?)04/23/2014 - 10:52am
RedMageI'm still disappointed the 360 never broke into Japan either. It had a bevy of great RPGs in the late 2000s.04/23/2014 - 9:48am
TheSmokeyhttp://www.huffingtonpost.com/2014/04/22/call-of-duty-swatting-hoax_n_5195659.html?utm_hp_ref=canada&ir=Canada CoD loser calls SWAT on person who beat him04/23/2014 - 7:13am
MaskedPixelantehttp://www.joystiq.com/2014/04/23/xbox-one-reaches-japan-on-september-4/ Just give it up, Microsoft. You're NEVER going to be big in Japan, especially now that the notoriously clunky in Japan Kinect is MANDATORY.04/23/2014 - 7:10am
Cheater87Has this been posted yet? http://www.destructoid.com/blogs/Lord+Spencer/ssv-saudi-arabia-bans-bravely-default-because-it-promotes-pedophilia--272016.phtml04/22/2014 - 9:31pm
ZippyDSMleehttp://www.escapistmagazine.com/news/view/133898-Fatal-Frame-V-Coming-Exclusively-to-Wii-U04/22/2014 - 8:50pm
Matthew Wilsonit is a game worth playing if you have a pc/360/ps304/20/2014 - 9:34pm
MaskedPixelantehttps://twitter.com/IGLevine/status/457552538343325696 The Lutece Twins show up in some of the most unlikely of places.04/20/2014 - 2:44pm
Andrew EisenAs it happens, Chinatown Wars is the only GTA game I've played.04/19/2014 - 10:43am
Papa MidnightWith GTA5 (to date) failing to even provide indication of a PC release, I'm realising that this might be the first GTA game that I have not played (outside of Chinatown Wars) since the series inception.04/19/2014 - 8:14am
 

Be Heard - Contact Your Politician