Why I Hope You Get Sued For Copyright Infringement – A Response to the EFF on Maximum Statutory Damages

February 23, 2015

It’s Monday morning. Time to get pumped for the day. I click on my Pandora icon and a song comes on. I love Pandora One. It costs me about $50 a year, but I can stream music all day. At the gym, my living room, anywhere.

This song sounds good… Geometer by Slidecamp. Never heard of these guys before, but I can dig it. Let’s see if they’re on iTunes. Awesome. The entire album is available for exactly $7.92. That’s about two cups of coffee. I’ll bite.

BOOM – now the entire album is now on my iPad, my iPod, and my computer. I can listen to the song I want on repeat. Sweet. Gonna be a good day at the gym today.

For a second, I can’t help but think back to when I was a kid. There were two ways to listen to music – tapes and CDs. CDs sounded better, but you couldn’t take them into the gym because it skips. So you had to use tapes for any type of workout, and then listen to CDs in your house. After awhile, the CDs would get banged up, scratched, and useless. I think I bought Pearl Jam – Ten about ten times. To get a CD, you had to drive to Sam Goody and buy the entire album when all you wanted was one song. My bedroom had CDs spewed all over the place at any given time. And damn, I left my tape player on the bus again. Hopefully Ms. Gomez found it. It’s got my Green Day tape in there.

My how things have changed since then. Now any content I want is available at the click of a finger through Amazon, iTunes, or often directly from the producer’s website. It’s backed up in the cloud. MP3s don’t skip, and all the music goes to all your devices. And it gets better – movies, software, games, you name it, available in one click. No more braving the mall, no more Sam Goody, no more Electronics Boutique. Everything you want is available right here, right now, and for a fraction of what it used to cost. and if I break my computer I just buy a new one and all my music is back.

Welcome to the new millennium.

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Jordan Rushie joins Randazza Legal Group

September 1, 2014

When I was in law school, I used to read The Legal Satyricon. I remember thinking “This blog is awesome! But I could never do anything like that.” Marco has always been known for his high flyin’, foul mouthed, unique breed of legal representation. Something I always wanted to do but couldn’t. Because I was a nameless, faceless associate at a law firm billing hours and serving corporate clients.

One fateful day in April of 2011, I was checking my email before going to Whole Foods. Little did I know how much my life would change that fateful morning. As I was checking Solosez (a lawyer listserve where stupid people go to ask other stupid people stupid questions to get stupid answers), I learned that I had been named as a defendant in Rakofsky v. The Internet (hysterically and appropriately named by Scott Greenfield). Not sure what to do, I called Brian Tannebaum, a lawyer who used to write a good blog (two, actually), that I read regularly. When Brian got done yelling at me for interrupting his day, he put me in touch with Marc Randazza, who became my lawyer and proceeded to decimate the lawsuit.

Since then, I have started my own firm, wrote an ABA 100 Law Blog, and have had a career that I never could have imagined in my wildest dreams. Much of which involves protecting the First Amendment, intellectual property rights, and zoning. I went from working in a law job to having a practice that I feel excited and energized about every single day. Life is good. [Editor’s Note: Scott Greenfield nominated Philly Law Blog to the ABA 100. I love him forever.]

I blame Marc for most of it. 

Over the last few years, we’ve done a lot of work together, a lot of which was in the press. Just one of many examples, Me and Marc handled The Bellwether Trial, which was the first bittorrent case ever to see the inside of a courtroom. We are currently working on other interesting cases throughout the country, most of which I can’t blog about just yet. (stay tuned).

It’s been a wild ride.

So, in the interest of keeping things simple, I have decided to join Randazza Legal Group as Of Counsel. This actually happened awhile ago, but I was too busy to write about it.

It’s a great honor to be working with someone who I have idolized for many years, who defended me in my first lawsuit, and helped me get my own career off the ground.

And don’t worry. Fishtown Law won’t be changing one bit. Me and Leo continue to be your neighborhood Fishtown Lawyers, drinking all the craft beers and hanging around town. I will still be working out of 2424 Studios here in Fishtown and harassing Leo on an everyday basis (although I will be in Vegas from time to time, mostly to skirt open container laws).

 


Talking Torrents: Judge Baylson Issues Final Memorandum Opinion on the Bellwether Trial; Kills Mass Joinder Torrent Actions

June 19, 2013

Today the Bellwether case officially concluded. Judge Baylson has issued his final memorandum opinion, found here.

Notably, you may recall that we filed a motion to dismiss at the outset of the case, arguing that all of the swarm are indispensable parties. Joinder is either proper or its not. The court rejected that argument and denied our motion.

Interestingly, the court’s opinion memorandum opinion issued today held that joinder is not approprriate in a bittorrent case:

I now believe that joinder of multiple defendants in a single complaint alleging copyright infringement through the use of BitTorrent technology is neither necessary nor appropriate. …  As I held then and believe even more firmly now, members of BitTorrent “swarms” are not essential parties for copyright infringement suits involving BitTorrent technology because the “swarm” is formed automatically by the software, and not by any actual association of these defendants. Moreover, there are downsides to allowing permissive joinder. As trial judges are well aware, a large number of defendants in a single complaint poses significant management problems and often delays disposition of cases. Further, joining multiple defendants allows the plaintiff to avoid separate filing fees, and also pressures individual defendants to settle because their costs of defending a multi-party case are likely to be larger than if there is only one defendant. For these reasons, and based on the record made in this case, I recommend against requiring joinder under Rule 19 and also against allowing it under Rule 20(a).

While this opinion will most likely end the era of massively joined bittorrent actions, I don’t think this is the end of torrent lawsuits. I suspect you will see more actions filed against individuals accused of massive infringement.

But absent massive joinder actions, is this the end of what is popularly characterized as “copyright trolling?” Does this mean that now plaintiffs will be more willing to take their cases to trial?

We shall see.

You may also recall that last year, I wrote an article suggesting that mass joinder actions may be better for individual John Doe defendants.

There is a lot going on in this opinion, and I’m sure you will all have interesting takeaways from it.


Talking Torrents: Some Thoughts on Prosecuting and Defending Bittorrent Cases

June 16, 2013

600px-US-CopyrightOffice-SealMany of you have heard of bittorrent litigation by now. In short, copyright holders will sue a group of people sharing their work on bittorrent. Often the lawsuits involve pornographic movies. Many of these lawsuits also involve large amounts of defendants, e.g., Media Company v. Does 1-50, which has lead to significant amounts of criticism. This month I had the pleasure of defending the first ever bittorent case to ever see the inside of a courtroom in the Bellwether Trial – Malibu Media v. Does 1, 13, and 16.

When it comes to the nuts and bolts of litigating bittorrent cases, there is a popular narrative on the internet. It goes something like this: all the cases are a mass extortion scheme, the people accused were picked out of a hat, no one pirates anything on the internet, nothing could ever be proven in court, and if you just fight them a little bit these guys will run away and probably get sanctioned like Prenda Law.

If you read the internet, you would think everyone who gets sued in a torrent case is an unsuspecting victim forced to settle because it’s the cheaper route. And it doesn’t matter because none of theses case could ever be taken to trial anyway.

I disagree, and I think there is a lot of untrue information out there on the internet. This is my two cents, take it for what it’s worth…

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