Wis. residents sued for movie copyright violations

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The copyright holders of an Oscar-winning movie are suing 43 unnamed Wisconsin residents for allegedly downloading the movie illegally.

Three suits – two in the Eastern District of Wisconsin and one in the Western District – have been filed since Saturday by Woodlands, Texas-based Dallas Buyers Club LLC, which owns the copyright. It is named after a movie released last year starring Matthew McConaughey and Jared Leto.

The suits were filed against unnamed defendants who were identified in court papers by Internet Protocol addresses and the Wisconsin city where it originates. They claim that the defendants used a “torrent file” – which allows a user to download a file or files by pulling them from different users – to illegally obtain a copy of the movie. The suits also state that the defendants shared the movie with other downloaders through that same process.

“Essentially … every infringer is cooperatively working together in the unauthorized distribution of the copyrighted material over the Internet,” the suits read.

The suits are asking judges to order the defendants to stop using and sharing the movies, as well as for an unnamed amount in damages and attorney fees.

Twelve other lawsuits were filed in other federal jurisdictions since February. Keith Vogt, an attorney with the Oakbrook, Ill.-based Takiguchi & Vogt LLP which is representing the company, said that more litigation is possible.

Vogt said the purpose of the suits is “to enforce the legitimate copyrights of the ‘Dallas Buyers Club’ against illegal downloaders.”

Suits such as these new ones have become increasingly common as file sharing and downloading from the Internet have become easier in the past 15 years. Many suits have come in the wake of litigation against Napster, a computer program that enabled users to download songs for free.

A memorandum Vogt filed in a case in Texas states that the suits are “emblematic of the fight of the motion picture industry and any other legitimate businesses that rely on copyright protection.”

“Illegally downloading mainstream movies to avoid purchasing a ticket, the DVD or a rental fee is so pervasive that the public widely accepts it without question,” the memorandum reads.

Still, these types of lawsuits have been seen by some, like the Electronic Frontier Foundation, as a way to shake down downloaders. The organization states that it is lobbying to make sure artists are paid while ensuring that downloaders have their rights protected.

Carl Schwartz, an intellectual property attorney and partner with Quarles & Brady LLP, said that often the movie and music industries aren’t targeting the downloaders, but rather those who are distributing the movies on a larger scale without permission.

“My experience is that normally these companies have better things to do than chase down a single situation where somebody’s making a copy of a friend’s [movie], Schwartz said, later adding that “it sounds to me like it’s the distribution part of it, posting so other people can make copies.”

Often, the plaintiffs file these types of suits in the hopes of settling with the defendants, said Ryann Beck, an attorney with Andrus Intellectual Property Law LLP, Milwaukee.

Vogt said he plans to litigate all of the claims, though any discussion of settlement is not off the table.

“Obviously, as in all lawsuits, if somebody is interested in discussing the merits of this we are open to that,” Vogt said.

The names of the defendants are expected to be found and revealed during discovery. Follow @eheisigWLJ