Saper Law Associate, Chris McElwain, Lectures at Chicago-Kent School of Law

On April 16, Saper Law associate Chris McElwain gave a talk at Chicago-Kent School of Law about the latest developments in the nationwide wave of copyright suits involving peer-to-peer file sharing and pornography.

Saper Law frequently receives inquiries from nervous “John Does” who have received notification letters from their ISPs alerting them that a plaintiff in a pending lawsuit has linked their IP address to the unauthorized sharing of an adult video and that a subpoena has been issued to attempt to obtain their subscriber information. Chris went over the tough set of options that these Does face and the advice he tries to give, and discussed some of the legal issues raised by these lawsuits, including the joinder of hundreds of defendants, the standing of anonymous parties, the problems with using an IP address to identify an individual, and judicial oversight of early discovery.

Chris also touched briefly on the very different set of legal questions implicated by the Flava Works cases, a series of lawsuits, several of which were defended by Saper Law, in which an adult entertainment company sued its former subscribers on the basis of software that allegedly linked them to unauthorized file sharing.

 

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