A copyright troll is an owner of a valid copyright whobrings an infringement action “not to be made whole, but ratheras a primary or supplemental revenue stream.” James DeBriyn,Shedding Light on Copyright Trolls: An Analysis of Mass CopyrightLitigation in the Age of Statutory Damages, 19 UCLA Ent. L. Rev.79, 86 (2012).
See DeBriyn, supra note 1, at 79 (explaining that “[t]osupplement profits from copyrighted works, copyright holders havedevised a mass-litigation model to monetize, rather than deter,infringement, . . . utiliz[ing] the threat of outlandish damageawards to force alleged infringers into quick settlements”);Christopher M. Swartout, Comment, Toward a Regulatory Model ofInternet Intermediary Liability: File-Sharing and CopyrightEnforcement, 31 Nw. J. Int’l L. & Bu
. 499, 509-10 (2011)(describing the “purely profit-driven” “low-cost, high-volume1UNITED STATES DISTRICT COURTDISTRICT OF MASSACHUSETTS )THIRD DEGREE FILMS, ))Plaintiff, ))v. ) CIVIL ACTION) NO. 12-10761-WGYDOES 1-47, ))Defendants.))MEMORANDUM & ORDERYOUNG, D.J.October 2, 2012
In recent months, this Court has grown increasingly troubledby “copyright trolling,”
specifically as it has evolved in theadult film industry. The Court is not alone in its concern.Judges, scholars, and journalists alike have noted the recenttrend - indeed, new business model
- whereby adult film