[Infowarrior] - Judge Halts Copyright Troll's Lawsuit Against A Now-Deceased Elderly Man With Dementia And An IP Address
Richard Forno
rforno at infowarrior.org
Sun Nov 19 10:29:32 CST 2017
Judge Halts Copyright Troll's Lawsuit Against A Now-Deceased Elderly Man With Dementia And An IP Address
from the stop-stop-he's-already-dead dept
https://www.techdirt.com/articles/20171115/09375838619/judge-halts-copyright-trolls-lawsuit-against-now-deceased-elderly-man-with-dementia-ip-address.shtml
Stories about copyright trolls issuing questionable settlement demands and lawsuits using laughably flimsy evidence with no regard to mitigating circumstances are somewhat common around here. The most egregious cases range from trolls sending threat letters to the elderly to flat out suing the innocent. This sort of thing is essentially inherent in a business model that closely apes an extortion ring, and here's another quintessential example of that.
It all started when Venice PI sued a man for being part of a torrent swarm offering the movie Once Upon a Time in Venice. The judge in the case has put the proceedings on hold, noting rather harshly that Venice PI's evidence sucks, and that the man in question had severe enough dementia that his family says he couldn't even have operated a computer as described in the lawsuit and, at age 91, has died.
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To that end, lawyers for Venice PI are barred from having any contact with Miller's family or any other unnamed defendant in this case. In addition, Zilly is demanding any other evidence the plaintiff's can produce -- likely none --, as well as information on how IP addresses in bittorrent swarms might be spoofed. The judge goes on to say that if no further evidence can be presented, the claims will be dismissed with prejudice.
It's simply great to see a court get this so correct in a copyright troll case. Too often trolls are allowed to skate by in presenting evidence that isn't evidence at all, with no ground given to the sort of mitigating testimony offered by Miller's widow. That Venice IP hasn't dismissed their case against the now-deceased man is an added stain on its trollish soul.
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