Mar 18

Elf-Man Could Be Very Big :)

I came across this ruling from the United States 9th District Court of the Western District of Washington and found it extremely interesting and a possible game changer. This is your typical greedy troll elf 033072866-grumpy-greedy-miserly-young-maP2P case where Elf-Man, LLC filed “boilerplate” lawsuits against Does 1-152. As typical with these cases Elf-Man listed only IP addresses (at first) alleged to have downloaded the video.

The court granted a motion to dismiss because of lack of specific allegations, even after filing an amended complaint, which means that trolls filing these cookie-cutter lawsuits must start providing proof of  contributory or indirect copyright infringement. In other words, rather than being able to name a person or an IP address then frighten, intimidate and bully the victim into settling for fear of a lawsuit the troll lawyers must now invest time, resources and money to dig up enough proof that the named person or IP address actually infringed on the plaintiffs copyright before filing or risk having the entire case dismissed.

This may or may not carry over into the new cookie-cutter Getty lawsuits we have started to see of late. I have asked our legal advisor, Oscar Michelen for his opinion on the matter. He may not be able to provide an answer as I am aware he is currently representing several of the defendants in these lawsuits.

This 9th District Court ruling is now on the books and maybe quoted as law in all the other districts so it will be interesting to see what happens and how this will change boilerplate lawsuits being filed in the future. I have a total of 22 documents in this collection.



78.0 Order on Motion to Dismiss for Failure to State a Claim by Copyright Anti-Bullying Act (CABA Law)

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>