The Federal Court, for a second time, has denied Voltage permission to proceed in its class lawsuit for file-sharing.
Procedural Background
In 2016, Voltage Pictures LL.C. sought to certify a class proceeding for copyright infringement against a class of unidentified internet subscribers alleged to have been found sharing movies online through the BitTorrent file-sharing protocol. To succeed in bringing the class proceeding forward, Voltage had to convince a judge that the requirements of the test for certification of a class action had been met, namely:
(1) the pleadings disclose a reasonable cause of action;
(2) there is an identifiable class of two or more persons;
(3) the claims of the class members raise common questions of law or fact;
(4) a class proceeding is the preferable procedure for the just and efficient resolution of the common questions of law or fact;
(5) there is a suitable class representative; and
(6) the plaintiff must propose a workable plan for advancing the litigation and keeping class members informed.