Feeds

Smut-spreading copyright trolls lose John Doe case

US Appeals Court smacks down AF Holdings

Secure remote control for conventional and virtual desktops

Notorious copyright troll AF Holdings has had a second “copyright shakedown” smacked down, with the US Court of Appeals denying it access to end user data.

The decision seriously undermines the model by which many copyright trolling operations function. AF Holdings had sought the names and addresses of more than a thousand John Does on the basis of IP addresses it claimed had downloaded copyrighted porn movies.

The next step of the operation is to send letters to the targets demanding payment, with a threat to commence court action in a jurisdiction of AF Holdings' choice. Faced with both the likely cost of legal action and the remoteness of the court, many of the targets would simply pay up.

According to Bloomberg, the appeal court decided that the attempt to sue users for downloading the skin-flick Popular Demand in the District of Columbia because few of the targets lived in that jurisdiction, and because “it’s unlikely any connection exists among all of the Internet addresses subject to the subpoena”.

As the Electronic Frontiers Foundation says in this media release, AF Holdings had won the approval of a lower court to obtain the identities it sought, but the EFF, the ACLU, Public Citizen and Public Knowledge joined forces to take the case to appeal.

The EFF release notes that “it is unfair to sue thousands of people at once, in a court far from home, based on nothing more than an allegation that they joined a BitTorrent swarm”.

AF Holdings' last smackdown was in November 2013, when the US District Court of Minnesota found that it hadn't demonstrated ownership of the content claimed in a previous shakedown. That court ordered that the company return the money it had obtained from punters, as well as paying their legal costs.

That ruling, however, didn't stop one of the two movies, Popular Demand, being the subject of the Columbia and then US Court of Appeals case.

AF Holdings was represented by Paul Duffy, who at the previous lower court hearings as associated with Prenda Law. ®

Secure remote control for conventional and virtual desktops

More from The Register

next story
Phones 4u slips into administration after EE cuts ties with Brit mobe retailer
More than 5,500 jobs could be axed if rescue mission fails
JINGS! Microsoft Bing called Scots indyref RIGHT!
Redmond sporran metrics get one in the ten ring
Driving with an Apple Watch could land you with a £100 FINE
Bad news for tech-addicted fanbois behind the wheel
Murdoch to Europe: Inflict MORE PAIN on Google, please
'Platform for piracy' must be punished, or it'll kill us in FIVE YEARS
Phones 4u website DIES as wounded mobe retailer struggles to stay above water
Founder blames 'ruthless network partners' for implosion
Found inside ISIS terror chap's laptop: CELINE DION tunes
REPORT: Stash of terrorist material found in Syria Dell box
Sony says year's losses will be FOUR TIMES DEEPER than thought
Losses of more than $2 BILLION loom over troubled Japanese corp
prev story

Whitepapers

Secure remote control for conventional and virtual desktops
Balancing user privacy and privileged access, in accordance with compliance frameworks and legislation. Evaluating any potential remote control choice.
WIN a very cool portable ZX Spectrum
Win a one-off portable Spectrum built by legendary hardware hacker Ben Heck
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Beginner's guide to SSL certificates
De-mystify the technology involved and give you the information you need to make the best decision when considering your online security options.