Nearly one thousand subpoenas have been thrown out by US District Judge Faith S. Hochberg in relation to a BitTorrent suit involving a large number of internet users accused of downloading illegally metal album Dark Adrenaline by Italian band Lacuna Coil.
Some months ago, Nuclear Blast Records, the record label that signed metal band All Shall Perish, went to pursue legally 80 BitTorrent users suspected of having downloaded the band latest album using torrent websites; now a similar lawsuit was filed by Century Media Records, Lacuna Coil‘s record label.
Hochberg, the judge ruling in this case, considered that the case wrongly joined mass defendants together. With the exception of only one claim he has voided all of the defendants noting that:
“There must be a connection between defendants beyond the copyrighted work and method of distribution, namely that defendants were involved in the same transaction with the same downloader at the same time.”
The suit had been filed by a New Jersey attorney on behalf of Century Media Records. Following a pretty well established procedure in filesharing cases, the lawyer hired a company specialized in digging for IP addresses suspected of being involved in file-sharing activities. The next step was to have subpoenas issued based on the respective IP addresses. The final phase would find internet users threatened with an enormous copyright infringing trial and settling the case and agreeing to paying damages of a few thousand dollars. However, another way of dealing with it for the most justice-thirsty or less intimidated ones, would be to hire a lawyer and fight back.
Download Lacuna Coil’s Dark Adrenaline (via PirateBay)