"Denying the motion to add the contributory infringement claim could potentially harm the interests of the proposed class members. If the class action proceeded without the claim, members would be barred from ever raising it, even if the Entrepreneur Media case ruling went against Meta."
"There is a serious concern that the interests of the absent class members would be harmed, through no fault of their own. Chhabria noted that he granted authors' request reluctantly."
"Adding the claim to the class action basically meant that if the named plaintiffs obtained summary judgment and subsequently obtained class certification, proposed class members would know, when deciding whether to opt out of the class, that they had essentially already won."
"Chhabria explained the standard for contributory infringement as a lower bar, proving that Meta was facilitating copyright infringement by third parties by uploading protected works onto the torrenting network."
Meta's request to deny the contributory infringement claim could harm the interests of class members, as they would be barred from raising it later. Judge Chhabria expressed concern for absent class members and reluctantly granted the authors' request. Adding the claim could incentivize Meta to resolve the issue quickly. The standard for contributory infringement is lower, suggesting authors may have a better chance of success. However, Meta is preparing a filing that could alter the situation significantly.
Read at Ars Technica
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