Thursday, August 23, 2012

"Does" Start To Strike Back In Bittorrent Litigation

Over at FightCopyrightTrolls, they put together a great listing of cases where the hunted has become the hunter. "John Does" as they are called frequently crumble and settle under the pressure of the plaintiffs in mass bittorrent cases. Sometimes the Does just ignore the cases, but that too has its dangers. Rarely, but more and more frequently, those Does are deciding to fight back and file their own claims back against the plaintiffs.
The most recent example is the case of Discount Video Center v. Does 1-29 (12-cv-10805) where Doe #22 just filed an Answer with several counterclaims. Doe 22, represented by Samuel Perkins, has made claims for Unfair and Deceptive Acts and Practices in Commerce, Malicious Prosecution, and Abuse of Process.
I'm anxious to see how these new counter-suits will affect the plague of bittorrent extortion cases. The complaint and Doe 22's Answer are below.