This Comment analyzes the issues surrounding joinder of copyright infringers who use BitTorrent, explores how joinder can be used and limited to create a more viable solution for copyright holders and consumers, as well as, supplements the sparse regulations that encompass joinder to create a rule that accommodates this technological era. Part II explains Copyright Law and the procedural aspects of a copyright infringement suit and joinder of defendants. Part III delves into the history of peer-to-peer (P2P) file-sharing lawsuits and provides an illustration of where case law rests today regarding P2P networks. Part IV describes the BitTorrent network and explains the way that content is transferred between users. Part V highlights the issues that piracy presents and the arguments that the “Doe” defendants have proposed against joinder, and then proceeds to counter those arguments. Part VI suggests joinder should be an available option in an effort to prevent illegal behavior and promote efficiency. It proposes a test that would establish limitations that would help ease the burden on defendants by preventing copyright holders from abusing their powers while balancing the copyright holders' interests in guarding their rights. Part VII reiterates the necessity for joinder and analyzes the current and future positive impact on businesses that joinder will produce.
Walk a Mile in the Shoes of a Copyright Troll: Analyzing and Overcoming the Joinder Issue in BitTorrent Lawsuits,
8 J. Bus. Entrepreneurship & L.
Available at: https://digitalcommons.pepperdine.edu/jbel/vol8/iss2/7