Kudos to Eriq Gardner of THR, Esq. for his coverage of the series of suits against individuals accused of downloading and "sharing" independent films via BitTorrent. Gardner links to the settlement page for those seeking to settle their claims regarding the film Far Cry. The page, set up by Dunlap, Grubb & Weaver, the Leesburg, VA law firm representing the plaintiffs, includes a link to the settlement agreement itself. In sum, the potential defendant agrees to pay $1,500 and cease infringing, in exchange for a promise by the copyright owner not to sue.
The agreement also includes a typical confidentiality clause, whereby the settling party acknowledges that "the terms of this Agreement" are "STRICTLY CONFIDENTIAL" and "MAY NOT be disclosed to any other party except legal counsel, including but not limited to internet or on-line forums." And there's a $15,000 liquidated damages provision in the event of breach. Fair enough. But doesn't the fact that the law firm that drafted the settlement agreement posted it to the &#@*&!*% Internet tend to undermine, just a wee bit, its demand that the terms be kept "STRICTLY CONFIDENTIAL"?