In Richmond, Virginia you might find D. Wayne O’Bryan walking the streets with his dog, he might even be your neighbor, or that guy sitting next to you in church on Sunday morning. However what you may not know is Wayne happens to be a member of the world’s second oldest profession, as yes he is a lawyer. If you look at his website he says his offerings are, “a small law firm designed for personalized and professional legal services for dog attack injury and negligence claims.”. Which makes O’Bryan look a lot like one of those ambulances chasing lawyer who advertises during the day time soaps to catch the attention of the unemployed who wish to make a fast buck for nothing more than faking a fall in the local super market.
Yet, it makes perfect sense for him to take up the rightful protection of virgins who wish to gang bang by filing a federal copyright lawsuit on their behalf this summer. However luckily O’Bryan met another prominent Irish man by the name Murphy as his cases went [terribly] wrong as a federal judge demanded that O’Bryan “show cause” for why he should not be sanctioned [read as kicked in the ass] by the court for running a “shake down” on the anonymous defendants.
As O’Bryan filed the cases on behalf of the defenseless virgins at K-Beech, Inc the makers of this ground breaking documentary film which is in question. To do this he sued a few dozen IP addresses for allegedly sharing the film on BitTorrent networks. To help his cause he even tried to cover his bases a bit by using some of that new fangled geolocation technology to ensure that the anonymous defendants actually lived in Virginia.
However how can you sue an “anonymous” defendant? As isn’t this just the abuse of the offices of the Court as an inexpensive means to gain the “anonymous” defendants’ personal information and extort payment from them under duress. As O’Bryan in fact also has no interest in actually litigating the cases, but simply using the Court along with its subpoena powers to obtain sufficient information to firmly sake down the virgin loving John Does.”
However Judge John Gibney, Jr. severed all of O’Bryan’s cases to a single defendant yesterday, saying that the Doe defendants were improperly joined in the case then went on to say that “the plaintiffs’ conduct in these cases indicates an improper purpose for the suits.” As in most “mass-copyright lawsuits” of this kind, the plaintiffs file lawsuits using only IP addresses, get permission to subpoena Internet providers for the real names and addresses of those users, and then attempt to settle with defendants for a few thousand dollars.
As what’s refreshing to see here is that the judicial wing is finally pushing back on this non-sense as while pirating is a bad thing, it’s a bad thing in a way in most people miss. While this is a long discussion, the point is if there is a high level of piracy [as there will always be some level] this is a sign of a flawed business model and not a court case. As to make the field equal, say you where to sue each and every person which pirated something, the system would implode and this mental proof, proves out the concept that the issue is miss laid with the court system. It’s further worth noting that one too many (one plaintiff to many defendant) is far different then class action where there are “many” plaintiff’s and only one defendant.
In the end the message is clear, as the record industry discovered you can sue some of the people some of the time, however you can’t sue all of the people all of the time.