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Problems with BitTorrent Litigation in the United states: Personal Jurisdiction, Joinder, Evidentiary Issues, and Why the Dutch Have a Better System

Publication Title

Washington University Global Studies Law Review

Abstract

Following the old business model of suing alleged infringers will soon prove unprofitable because courts are increasingly disillusioned with plaintiffs’ attempts at joinder and have already begun to sever John Doe defendants. BitTorrent sites, however, continue to thrive and generate new circumvention techniques that will enable users to avoid blockades and strike schemes. In the meantime, since copyright trolls continue to abuse the legal system, we need to find a viable solution that is fair to both artists and consumers.

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