Hawaii now joins the majority of states which allow joined BitTorrent copyright enforcement cases.  In early 2013 the Prenda scam was uncovered where a group of attorneys were revealed to be using shell games to operate a honeypot scheme for people that downloaded porn via BitTorrent.  In response courts across the nation clamped down on all BitTorrent cases as a precaution.   As the courts have become better educated they are recognizing the Prenda scam was unique and that joined BitTorrent copyright litigation is the most efficient and best way to enforce copyrights, especially in light of the massive scale of BitTorrent related infringement.

Single party cases are still being filed in many jurisdictions, but some studies put the average costs and attorney fees for copyright litigation at $300,000 to $2,000,000+ *. (Note, this is a National average for all copyright cases and many cases are resolved for significantly less.)   However the courts, and many wise defendants, recognize that by permitting joinder costs can be reduced dramatically, permitting rights enforcement and allowing cases to be economically resolved for less than 10% of the national average.


Hawaii: Dallas Buyers Club, LLC, v. Does 1 – 20, Case No. 1:14-cv-00330
Hawaii: Dallas Buyers Club, LLC, v. Does 1 – 22, Case No. 1:14-cv-00331


Opinions of the court allowing discover in the joined case to proceed:

Hawaii: Dallas Buyers Club, LLC, v. Does 1 – 20, Dkt. 10, Case No. 1:14-cv-00330, (D. Haw. Aug. 28, 2014), Order allowing subpoenas.
Hawaii: Dallas Buyers Club, LLC, v. Does 1 – 22, Dkt. 9, Case No. 1:14-cv-00331, (D. Haw. Aug. 28, 2014), Order allowing subpoenas.


* Amer. Intl. Prop. L. Assoc’n, Report of the Economic Survey.

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