14
Simplified, BitTorrent and similar protocols break a
large file into pieces while tagging each piece with a
common identifier. Where in the normal course a
user would download a file from a single source, and
download it sequentially from beginning to end, with
the BitTorrent peer-to-peer protocol, users join
forces to simultaneously download and upload pieces
of the file from and to each other. This reduces the
bottleneck of Internet traffic that normally occurs at
the server where the entire file is located and allows
for faster
download
speeds
for users.
This
interconnected web of information flowing between
users, or peers, 1s called a swarm.
Media Products,
Inc. v. Does
1-26, No.
12 Civ. 3719, 2012
U.S. Dist. LEXIS 125366, at *4 (S.D.N.Y. Sept. 3, 2012). AF
Holdings argues that because BitTorrent users who download
the same
file are part of the same
participated
in the
same
series
“swarm,”
they have
of transactions.
See,
Digital Sin, Inc. v. Does 1-176, 279 F.R.D. 239,
(S.D.N.Y. 2012) (accepting a version of this argument).
all
e.g.,
244
We are unconvinced. For purposes of this case, we may
assume that two individuals who participate in the same
swarm at the same time are part of the same series of
transactions
within
the
meaning
of Rule
20(a)(2).
In
that
circumstance, the individuals might well be actively sharing a
file with one another, uploading and downloading pieces of
the copyrighted work from the other members of the swarm.
But AF Holdings has provided no reason to think that the
Doe defendants it named in this lawsuit were ever
participating in the same swarm at the same time. Instead, it
has simply set forth snapshots of a precise moment in which
each of these 1,058 Does allegedly shared the copyrighted
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