The piracy case against ISPs continues with juror questions about their piracy habits. Record label lawyers want to know potential juror’s torrenting habits in an upcoming trial.
The piracy case against Cox and other ISPs accuses them of not doing enough to curb piracy on its network. As part of the jury selection procedure, these questions may ‘weed out’ those who have committed piracy themselves.
Warner Bros., Sony Music, and Capitol Records say Grande turned a blind eye to pirates. Record label lawyers are asking a judge to hold Grande accountable for those copyright infringements. A summary judgment was granted in favor of the record labels in March 2019, allowing a trial with no safe harbor defense. That puts Grande Communications at a severe disadvantage in arguing their case.
This week, both parties in the lawsuit submitted their ‘voir dire’ questions for prospective jurors.
Both legal teams can ask these questions during the selection process to select unbiased jurors. While some of the questions make sense, others appear to gauge potential jurors’ sympathy toward piracy.
“Have you ever downloaded content from any BitTorrent website?” one question reads. Another asks if jurors have listened to music obtained from any stream-ripping service. These questions even ask if potential jurors have supported the Electronic Frontier Foundation or read Ars Technica or TorrentFreak.
Record label lawyers are likely hoping to select jurors that do not engage in piracy. Or read websites where piracy and the laws surrounding it may be discussed. Another question asks if jurors believe there are “too many frivolous lawsuits nowadays,” while asking for examples of what the juror considers frivolous.
Jury selection for the trial will take place on February 24, with the trial starting on February 25.