Pirates’ Class Action Dismissed And Sent Back to Law School

In a recent case in Illinois, BitTorrent pirates attempted to launch a counter-attack in the form of a class action on behalf of infringers. The class action complaint, full of speculation and hyperbole, claimed rights holders relied on fake experts and were making unsubstantiated claims and that the enforcement actions were for the “purpose of income generation through exploitation of the court system.”

As per the complaint filed, the allegations included:

“[Rightsholders] have been engaged in a conspiracy to monetize infringement whereby they use questionable means to entrap unsuspecting Illinois residents who have allegedly violated [Rightsholders’] copyrights, and then extort money from these individuals using threatening and misleading settlement and litigation tactics under the guise of the Copyright Act.”

The complaint was filed on January 3 and sounded good to the layman. But in a hearing the next day, wasting no time at all the Court pointed out the obvious flaws in the attempted class action and stated:

“Well, first of all, you need to go back, both of you, to Civil Procedure in law school and determine whether it’s an appropriately filed third-party complaint.”

Not surprising, on January 10, 2017 the class action was dismissed with the filing counsel acknowledging that trying to maintain the class action would be a waste of time and “fruitless.”

A copy of the class action complaint as filed: 15-cv-06708 Class Action Complaint

A copy of the dismissal and transcript of proceedings: 15-cv-06708 Notice of Dismissal with Transcript

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