At the very least, joinder should be limited to only those defendants who are domiciled in the judicial district in which the lawsuit is pending. This requirement is in line with 28 U.S.C. §
1400(a), the statute that governs venue for claims asserted under the Copyright Act, which states that “Civil actions, suits, or proceedings arising under any Act of Congress relating to copyrights . . . may be instituted in the district in which the defendant or his agent resides or may be found.”154 More fundamentally, limiting joinder in this manner comports with the co-principles of personal jurisdiction and “traditional notions of fair play and substantial justice.”155 As mentioned in Part III.A.1.a supra, generally, in order for a court to have personal jurisdiction over a defendant, the defendant must:
consent to or waive personal jurisdiction;156 be physically present or domiciled in the jurisdiction;157 have certain minimum contacts with the jurisdiction;158 or have a reasonable expectation of facing suit in the jurisdiction.159 Personal jurisdiction—for purposes of joinder and discovery—in BitTorrent copyright cases can only be based off of presence or domicile within the jurisdiction