15 work—snapshots that span a period of nearly five months. Two individuals who downloaded the same file five months apart are exceedingly unlikely to have had any interaction with one another whatsoever. Their only relationship is that they used the same protocol to access the same work. To paraphrase an analogy offered by amicus counsel at oral argument, two BitTorrent users who download the same file months apart are like two individuals who play at the same blackjack table at different times. They may have won the same amount of money, employed the same strategy, and perhaps even played with the same dealer, but they have still engaged in entirely separate transactions. And “[s]imply committing the same type of violation in the same way does not link defendants together for the purposes of joinder.” Hard Drive Productions, Inc. v. Does 1-30, No. 2:11cv345, 2011 U.S. Dist. LEXIS 119333, at *7 (E.D. Va. 2011) (internal quotation marks omitted). We therefore agree with those district courts that have concluded that the mere fact that two defendants accessed the same file through BitTorrent provides an insufficient basis for joinder. See Malibu Media LLC, 286 F.R.D. 113, 116 (D.D.C. 2012) (‘Nothing in the complaint negates the inference that the downloads by the various [Doe] defendants were discrete and separate acts that took place at different times.’”) (quoting Digital Sins, Inc. v. Does 1-245, No. 11 Civ. 8170, 2012 U.S. Dist. LEXIS 69286, at *6 (S.D.N.Y. 2012)); accord, e.g., Patrick Collins, Inc. v. Does 1-44, No. 8:12-cv-00020, 2012 U.S. Dist. LEXIS 47686, at *18 (D. Md. Apr. 4, 2012) (“A majority of courts ... have specifically held that the properties of BitTorrent are insufficient to support joinder.”’); In re BitTorrent Adult Film Copyright Infringement Cases, 296 F.R.D. 80, 90-91 (E.D.N.Y. 2012). As with personal jurisdiction and venue, AF Holdings could have brought a suit for which it had some reasonable

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