Joined BitTorrent Copyright Suits Go Forward in Washington

Over the last two years there have been a number of twists and turns in the world of BitTorrent copyright infringement 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.  Courts across the nation clamped down on all BitTorrent cases as a precaution.  More recently with the news that the major studio film Expendables 3 may have lost tens of millions, if not more due to BitTorrent piracy, BitTorrent cases are again receiving renewed interest, though now in a different light.

This whole cycle is readily observed in Washington State, where initially joined cases were allowed by the courts.  Following Prenda, the courts took a close look at the cases and at one point dismissed joined cases across the board.  Elf-Man LLC v. Cariveau, No. C13-0507RSL,(W.D. Wash., Jan.17, 2013).  But on review and scrutiny, the Court reversed itself and cautiously allowed the cases to proceed. Elf-Man LLC v. Cariveau, No. C13-0507RSL, (W.D. Wash., Aug. 7, 2013).

More recently the Washington courts have again affirmed that it will allow joined cases against BitTorrent infringers in a case involving the piracy of Dallas Buyers Club.

Dallas Buyers Club v. Does 1-10, Case No. 2:14-cv-01153 (WAWD).

Opinion of the court allowing the case to proceed:Dallas Buyers Club – 2:14-cv-01153, Dkt. 8; Order Granting Expedited Discovery

Edit:  Also pending:
Dallas Buyers Club v. Does 1-10, Case No. 2:14-cv-01336 (W.D. Wa.).

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October 2, 2014:  Washington is maintaining its position that joined cases are proper as of Oct. 1, 2014 with continued orders that these cases will go forward joined.
Order Granting Discovery – Dallas Buyers Club v. Does 1-10, Case No. 2:14-cv-01402 (W.D. Wa., Oct. 1, 2014).

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