Intellectual Property » Troll’s Case Can Continue With Stringent Conditions

Troll’s Case Can Continue With Stringent Conditions

August 20, 2015

Maryland judge James Bredar will allow Malibu Media – which filed more than 1,100 copyright lawsuits in 2013 – to litigate a suit, but only under tight conditions that may undermine the company’s litigation strategy. In the past, Malibu Media has requested access to ISP numbers, names, and contact information during discovery, and threatens to release the names of embarrassing porn titles it accuses those individuals of downloading if they do not pay. Judge Bredar said discovery could go forward, but all individuals must be given the chance to quash the subpoena. If the subpoena is allowed to proceed, Malibu must retain the information it receives in a confidential manner, and can only file a lawsuit if it thinks it has a case – and even then, the case will proceed with the name of the individual blacked out. Malibu must also pay the ISPs costs, including attorney’s fees. “It will be interesting to see if Malibu Media actually follows through or just cuts its losses and moves on to other courts with less aware judges,” TechDirt writes.

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