Liberty Media Holdings, LLC v. BitTorrent Swarm

277 F.R.D. 669, 2011 U.S. Dist. LEXIS 126333, 2011 WL 5190048
District Court, S.D. Florida·Decided November 1, 2011·No. No. 1:11-cv-21525-KMM·Published·Cited by 4 cases

Opinion

OPINION AND ORDER

K. MICHAEL MOORE, District Judge.

THIS CAUSE came before the Court upon a sua sponte examination of the record.

UPON CONSIDERATION of the Complaint, the pertinent portions of the record, and being otherwise fully advised in the premises, the Court enters the following Order.

I. BACKGROUND1

Plaintiff Liberty Media Holdings, LLC is the registered owner of the copyright to the motion picture, “Corbin Fisher Amateur College Men Down on the Farm” (“Motion Picture”). On May 2, 2011, Plaintiff filed a Complaint against John Does 1-20 for allegedly infringing Plaintiffs exclusive rights in the Motion Picture. According to Plaintiff, Defendants were all users of “BitTorrent,” a “peer-to-peer file sharing protocol used for distributing and sharing data on the Internet.” Am. Compl. ¶ 33.

Unlike traditional peer-to-peer (“P2P”) networks that require a user to download a file from a single source, the BitTorrent protocol decentralizes distribution of a file by allowing users to join a “swarm” 2 of hosts to download and upload from each other simultaneously. The process begins with one user, commonly referred to as a “seed,” who makes the file available. The seed then creates a “torrent” file containing (1) a unique string of alphanumeric characters used to verify the data of the underlying file that is being transferred, and (2) a “roadmap” to the IP addresses of other users who are sharing the file identified by the unique hash code. Am. Compl. ¶ 33(a). Other users, referred to as “peers,” then download the torrent file, which in turn, allows them to identify and download from other peers who possess portions of the file described by the torrent. As each peer downloads a new piece of the file the peer becomes a source of that piece to other peers. Once a peer has accumulated enough individual pieces of the file, software allows the peer to reassemble the aggregate file.

Upon filing its Complaint, Plaintiff filed an ex parte motion to engage in Early Discovery (ECF No. 5) for the purpose of identifying John Does 1-20. After voluntarily dismissing a number of Doe Defendants, on September 20, 2011, Plaintiff filed an Amended Complaint naming five of the John Does and adding John Does 21-30 as Defendants. This Court now takes up the issue of whether Defendants have been properly joined.

II. STANDARD OF REVIEW

“On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party.” Fed.R.Civ.P. 21. Federal Rule of Civil Procedure 20(a)(2) provides, in relevant part:

(2) Defendants.
Persons — as well as a vessel, cargo, or other property subject to admiralty process in rem — may be joined in one action as defendants if:
(A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or [671]*671series of transactions or occurrences; and
(B) any question of law or fact common to all defendants will arise in the action.

Fed.R.Civ.P. 21(a)(2). “[T]he central purpose of Rule 20 is to promote trial convenience and expedite the resolution of disputes, thereby eliminating unnecessary lawsuits.” Alexander v. Fulton Cnty., Ga., 207 F.3d 1303, 1323 (11th Cir.2000). “Under the Rules, the impulse is toward entertaining the broadest possible scope of action consistent with fairness to the parties; joinder of claims, parties and remedies is strongly encouraged.” United Mine Workers v. Gibbs, 383 U.S. 715, 724, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966). “The Federal Rules, however, also recognize countervailing considerations to judicial economy.” Alexander, 207 F.3d at 1324. A motion for joinder may be denied if it would result in “prejudice, expense or delay.” 7 Charles Alan Wright, et. al., Federal Practice and Procedure § 1652, at 396 (2001). “The district court has broad discretion to join parties or not and that decision will not be overturned as long as it falls within the district court’s range of choices.” Swan v. Ray, 293 F.3d 1252, 1253 (11th Cir.2002).

III. ANALYSIS

A. Joinder

Numerous courts have found that alleged copyright infringement through the use of P2P networks is insufficient to sustain permissive joinder. See Hard Drive Prods., Inc. v. Does 1-188, 809 F.Supp.2d 1150, 1156-59, 2011 WL 3740473, at *7-9 (N.D.Cal. Aug. 23, 2011) (analyzing pre-BitTorrent P2P case law). Courts, however, have struggled to uniformly apply this ease law to actions involving the use of BitTorrent technology. Consequently, courts have split as to whether joinder under Rule 20 is appropriate in actions alleging copyright infringement against a BitTorrent swarm. See Hard Drive Prods., Inc. v. Does 1-55, 2011 WL 4889094, at *5 (N.D.Ill. Oct. 12, 2011) (finding joinder appropriate); Donkeyball Movie, LLC v. Does 1-171, 810 F.Supp.2d 20, 26-27, 2011 WL 1807452, at *4 (D.D.C. May 12, 2011) (same). But see Hard Drive Prods., Inc. v. Does 1-30, 2011 WL 4915551, at *4 (E.D.Va. Oct. 17, 2011) (finding joinder inappropriate); Hard Drive Prods., Inc., 809 F.Supp.2d at 1156-65, 2011 WL 3740473, at *7-15 (same).

In Hard Drive Prods., Inc., the court analyzed whether joinder of 188 defendants alleged to be members of the same BitTorrent swarm was appropriate. In support of the court’s decision finding misjoinder, the court stated:

Does 1-188 did not participate in the same transaction or occurrence, or the same series of transactions or occurrences. Under the BitTorrent Protocol, it is not necessary that each of the Does 1-188 participated in or contributed to the downloading of each other’s copies of the work at issue — or even participated in or contributed to the downloading by any of the Does 1-188. Any “pieces” of the work copied or uploaded by any individual Doe may have gone to any other Doe or to any of the potentially thousands who participated in a given swarm. The bare fact that a Doe clicked on a command to participate in the BitTor-rent Protocol does not mean that they were part of the downloading by unknown hundreds or thousands of individuals across the country or across the world.

Id. at 1163, 2011 WL 3740473, at *13. The court cited an exhibit submitted by the plaintiff that detailed the defendants’ BitTorrent activity. The activity of the defendants occurred on “different days and times over a two-week period,” and according to the court, this supported the court’s finding that though the defendants may have participated in the same swarm, there was “no evidence to suggest that each of the [defendants] ‘acted in concert’ with all of the others.” Id.

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Liberty Media Holdings, LLC v. BitTorrent Swarm, 277 F.R.D. 669, 2011 U.S. Dist. LEXIS 126333, 2011 WL 5190048 (S.D. Fla. 2011).

277 F.R.D. 669 (Liberty Media Holdings, LLC v. BitTorrent Swarm) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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