Private Torrent Tracker Lawsuit Takes Bizarre Turn as Defendant Seeks Sanctions
A legal dispute involving private torrent tracker operators took an unusual turn at a hearing attended by TorrentFreak, where attorney Erin Russell confirmed that at least one defendant is seeking sanctions against the plaintiff.
Dispute Over the Plaintiff’s Identity
The claimant told the court that his real name was Matthew Schneider. However, the defense presented alternative theories about the identity the plaintiffs were believed to be using.
According to TorrentFreak, an account linked to the email address used by the plaintiff in a self-represented court filing was discovered. The defense argued that the account suggested the plaintiff was familiar with private torrenting and may have been prohibited from selling or trading invitations.
Russell also suggested, without providing evidence, that the plaintiffs could be disgruntled private-tracker users acting with “malicious intentions” because they may have been blacklisted.
Sanctions Could Depend on Confirming the Claimant’s Identity
For a private party seeking sanctions, however, showing that a claimant may not be using the identity they provided is only part of the issue. The court must also determine the claimant’s actual identity before deciding whether sanctions are appropriate and identifying the person to whom they would apply.
Russell said at the hearing that establishing that identity could create a significant challenge for private trackers dealing with the case.
Next Hearing Set for October 2
At the next hearing on October 2, the plaintiffs appear likely to receive one final opportunity to defend the authenticity of their claims.
The judge is expected to go on camera so the defendant can see, for the first time, who he is actually facing. The court will also review one of the films involved in the dispute, which has the same title as another Schneider film allegedly made by Schneider.
Judge Wood described the circumstances as a “bizarre situation” during the hearing. The plaintiff addressed the delay, promised to provide a copy of the film and agreed to file an affidavit responding to the motion for sanctions.
Source: arstechnica.com


