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Appeals Court Upholds Sanction Against BitTorrent Download Attorney

Posted by samzenpus on from the pay-up dept.

NewYorkCountryLawyer writes "The United States Court of Appeals for the Fifth Circuit has upheld sanctions awarded by a District Court against one of the lawyers bringing copyright infringement cases against individuals for BitTorrent movie downloads, in Mick Haig Productions v. Does 1-670. The Court's opinion (PDF) described the lawyer's 'strategy' as 'suing anonymous internet users for allegedly downloading pornography illegally using the powers of the court to find their identity, then shaming or intimidating them into settling for thousands of dollars — a tactic that he has employed all across the state and that has been replicated by others across the country.'"

2 of 90 comments (clear)

  1. Plea bargains? by DoofusOfDeath · · Score: 5, Insightful

    But if capitalizing on the accused's inability to weather the risks and costs of trial are an unacceptable tactic, doesn't that mean plea deals by prosecutors are also unacceptable?

  2. Using the power of the court, without permission, by hamjudo · · Score: 5, Insightful
    The District Court is unhappy, because the lawyer issued the subpoenas without the permission of the District Court. In fact, it was after the District Court told the lawyer to stop doing that. The Appellate Court agreed.

    So the Appellate Court is upholding the rights of the lower court.

    Don't expect the courts to start ruling against media companies that follow the laws that they paid the legislatures to write. Don't even expect significant sanctions when they break the law, as long as they stop when they're told. It looks kind of like this is a media ruling, but its more a "respect the judges" ruling.