It’s another win for our clients and us.
After a short six months of activity in the First Circuit, it looks like the copyright troll business model may be taking the first steps on its march toward self-destruction.
On October 2, 2012, Judge Young dealt the model a heavy blow in Third Degree Films v. Does 1-47, 12-cv-10761 (D.Mass), The order, informed in part by our motion in a related case before Judge Young, severed Does 2-47 from the case and dismissed them without prejudice “subject to Third Degree filing individual complaints against them within thirty days of this order.”
In pertinent part, the Court noted:
“Upon further reflection and a deeper understanding of the policy concerns at play, the Court now revisits and amends its holding in Liberty Media. …
[T]his Court is concerned that the joinder mechanism is being manipulated to facilitate a low-cost, low-risk revenue model for the adult film companies. … After a careful weighing of the balance of potential injustices in this case and like cases, the Court determines that any efficiency gains and cost benefits to Third Degree from joining the Doe defendants in a single action are substantially outweighed by the fairness concerns and inefficiencies at trial, the potential prejudice from what seems to be a developing pattern of extortionate settlement demands, and the evasion of thousands of dollars of filing fees.”