Patrick Collins, Inc. v. Does 1-11, No. 11–CV–01776, 2011 BL 287186 (D. Md. Nov. 8, 2011) Patrick Collins, Inc. v. Doe, No. 11–CV–01772, 2011 BL 287264 (D. Md. Nov. 8, 2011) In two related cases ("Collins '72" and "Collins '76"), the U.S. District Court for the District of Maryland denied motions by defendants who allegedly made unauthorized downloads of a copyrighted film to quash subpoenas seeking their identity from their Internet service providers ("ISPs"). The court held that the subpoenas did not burden defendants or violate the Electronic Communications Privacy Act, 18 U.S.C. § 2701 ("ECPA"), and that joinder of defendants was proper.
Unauthorized Downloading Alleged
Copyright Claim Is Sustained
Joinder Is Proper
Persons ... may be joined in one action as defendants if: (A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and (B) any question of law or fact common to all defendants will arise in the action.
Subpoenas Not Burdensome on Defendants
No Violation of ECPA
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