Well, well, well. It looks like a single judge in the US is finally asking the right questions and perhaps coming to the same conclusions that many in the press and the consumer advocate sector have understood for some time. What is the conclusion? Just the simple fact that the MPAA and the RIAA have been using the US Judicial System as nothing more than a collection agency.  The Judge in question is Judge Bernard Zimmerman of the Northern District of California. While looking over a case that was filed there (On The Cheap, LLC vs Does 1-5011) Judge Zimmerman began to feel that this blanket BitTorrent suit might be little more than a nice fishing expedition for some easy money.  

With this in mind the Judge asked the lead Attorney Ira M. Siegal to reveal how much he has made from threats made through the court system. Mr. Seigel failed to respond on time and then refused to respond with the information requested by the Judge (a move that would get most thrown in jail for contempt). Instead Mr. Siegel chose to bash the Electronic Frontier Foundation and a couple of others for good measure.

But more than just the monetary issue at hand Judge Zimmerman also felt that there was a jurisdictional issue. You see Mr. Siegal and the Plaintiff are both based in Southern California, yet chose to file the suit in Northern California. This would seem to be very odd, however Mr. Siegel feels that due to the way BitTorrents work, if you are in a swarm then you are under national jurisdiction. Judge Zimmerman appears to feel differently.
Now the question is what will Judge Zimmerman do? If he dismisses the case based on failure to respond then the cycle will continue. This is very likely what Mr. Siegel would like to have happen. It would remove the scrutiny from him for a while and then allow him to pick up where he left off. If Judge Zimmerman finds him in contempt, fines him and then tosses him in jail along with a nice complaint to the Bar things could be very different. It could set precedence in these cases and in some perhaps even allow for further appeals.  We hope that since Judge Zimmerman was smart enough to recognize the scam in the first place he will see the second one and take the appropriate actions.  Let’s face it most of these suits are nothing more than extortion with the US Court system’s approval and while it is perfectly reasonable to protect Intellectual Property it is not right by any means to abuse the system the way the MPAA and RIAA have done.

Source TorrentFreak
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