Monthly Archives: January 2015

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Court Restores Civility To Civil Litigation – Infringer cannot call the plaintiff a “troll.”

With the growing animosity and tension between rights holders and creators and those who are accused of infringing rights (or sometimes accused of outright theft) a Judge has drawn a line and ordered that a rights holder seeking to enforce their rights cannot be called a “troll” in court.

Calling the term “disparaging” and “irrelevant” the Judge has limited petty name calling by defendants and instead demanded they focus the case on what is important: infringement and liability.

The opinion may be read here: IP Ventures v. Symantec

BitTorrent Defendant Tries to Hide Record From Public – Denied

In a BitTorrent-Infringer lawsuits that is advancing to trial, a defendant accused of downloading material has tried to seal portions of the record they would like to keep secret and hidden from the public and been denied across the board.

United States courts have a long tradition of being open keeping with the notion that justice is best administered in the light of day, not hidden from view. The judge noted the public at large has an interest in what happens in any judicial proceedings and that the defendant should not be able to hide matters from the public unless there is “good cause” and the matters to be sealed are “bona fide” confidential matters.

Finding he failed to present any good cause or have any legitimate confidentiality in the documents he wanted to keep secret, the judge denied all requests by the defendant.  The judge has asked the plaintiff Malibu Media and Comcast to comment if they would like any of the matters sealed before the Judge makes the defendant’s filings public.

The case is: Malibu Media v. Harrison, 1:12-cv-01117, Southern District of Indiana.

The opinion may be read here: Order on Defendant’s Motion to Seal, Dec. 23, 2014, Dkt. 297.