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Sometimes defendants do win against copyright trolls

On Behalf of | Nov 12, 2021 | Bittorrent |

The stories of BitTorrent copyright litigation have not been entirely positive for defendants of late. Nor have these stories been entirely positive for VPN service providers and ISPs.

But in the wake of all the bad news, it is important to remember that there are always victory stories, as well. With sound legal counsel and a willingness to fight back against copyright trolls, there is always a chance.

A noteworthy victory against copyright trolls

TorrentFreak, an online new source covering a range of issues related to internet streaming and BitTorrent copyright claims, reports on a retired police officer who obtained a substantial win against copyright trolls.

In a wave of thousands of lawsuits filed by Strike 3 Holdings, copyright troll par excellence, the “John Doe” of the story became one of the few who fought back.

This man, who remains nameless in the article, a retired police officer in his 70s, faced accusations of illegally downloading pornographic materials. “Instead of settling, he lawyered up and submitted a counterclaim accusing Strike 3 of abuse of process and ‘extortion through sham litigation.’”

The man won attorney fees and additional costs, and Ninth Circuit Court of Appeals affirmed the ruling.

You should consider fighting back

If this story teaches anything, it’s that sometimes the best thing to do is fight back. Far too many people simply pay a settlement to copyright trolls in order to avoid scandal and the risk of losing a costly lawsuit.

To be sure, some lawsuits like this involve substantial evidence and a strong case against you. In those instances, it is better to just pay the settlement. But there are other cases, like the retired police officer in the story above, where you absolutely know that you are being sued for something you did not do.

The most important thing to remember is that fighting against copyright trolls is an option.