Judge Boylson wants to test copyright trolls’ evidence in a bellwether trial

[Greg Troy (KeepFighting)]

I found this article over on fightcopyrighttrolls.com. This looks to be big news and has the potential of either greatly helping or hurting our fight with copyright trolls. Recognizing the copyright trolls tactics a Pennsylvania judge has decided to take the trial one of the copyright trolls to test is evidence using five does who had filed motions. Unfortunately it is punishing the does for filing motions but in my opinion the results of this trial could be a setback is big for the P2P trolls as the child the case was for the stock photo companies. The article may be found here:

http://fightcopyrighttrolls.com/2012/10/07/judge-boylson-wants-to-test-copyright-trolls-evidence-in-a-bellwether-trial/

By definition Bellwether is an indicator of future trends. Courts utilize a bellwether approach when large numbers of plaintiffs are proceeding on the same theory or claim and there is no other feasible way for the courts to handle the enormous caseload. This approach has been used in many cases including asbestos litigation. A group of plaintiffs are chosen to represent all the plaintiffs. The issues for trial should concern common claims or theories among all the plaintiffs. These representative cases go for trial and the results act as the bellwether for the other plaintiffs’ trials. The verdict from this grouping is extrapolated to the remaining plaintiffs’ cases. The actual results may be utilized for valuing groups of claims in settlements. The plaintiffs can also choose to continue with their own individual trial

[Greg Troy (KeepFighting)]

Here is an update on this case that I found very interesting. Apparently the judge is getting fed up with the trolls in no longer trusts what they are telling him. He just issued an unusual order demanding the information he has been requesting be submitted to him in a memorandum issued under oath and penalty of perjury. In other words he is telling them to tell him the truth under oath and face possible sanctions or lie under oath and face perjury. I think this qualifies as a classic butt pucker. Here's the order issued to Fiore

In light of these recent developments, it is hereby ORDERED as follows:
 
1. Plaintiff shall promptly file a memorandum and certificate under oath subject to the penalties of perjury advising the Court, in detail, with names and dates, what contact Plaintiff has had with any ISP concerning the subject matter of this Court’s October 3, 2012 Order, and any follow-up.
 

the entire article may be read over at copyrighttrolls.com

http://fightcopyrighttrolls.com/2012/10/24/bellwether-trial-update-a-delicate-art-of-bullshitting-under-oath/

[stinger]

Well, it's clear that either the unnamed paralegals or the unnamed office assistants screwed this up.

I hope the judge asks for proof regarding the office outage.  Sounds like a story to me.

[Greg Troy (KeepFighting)]

For those of you that a been following the Pennsylvania bellwether case which has the potential of possibly setting precedent in the trolling battle here is the latest update. Attorney Marc Randazza has joined with Jordan Rushie and submitted a memorandum of law in motion which looks like it could be devastating to Malibu Media. You can read the entire article as well as the memorandum over at die troll die:

http://dietrolldie.com/2012/11/21/rr-bomb-hits-the-pa-bellwether-case-12-cv-02088-mbb-malibu-media-v-john-does-1-22/