The draft does contain the words "unless the information is not reasonable [sic] accessible".
There is a balance to be struck here, I agree, but in one example [0] it cost a troll an estimated $450 to file a completely baseless lawsuit which would have cost the defendant almost $200k to have dismissed ("would have", but didn't, only because the attorney worked pro bono). That doesn't seem to me to indicate that the balance is currently struck at about the right place.
It seems to me that before the court allows the dogs of discovery to be loosed upon the defendant, it is more than fair to require the plaintiff to be specific about what claims it is alleging infringment of and what the defendant is doing that constitutes infringement.
Just wanted to note that there are frivolous litigation rules that allow for sanctions against the party bringing a bogus suit and allow the target of the suit to recover attorneys fees. It would be standard practice to include within the motion to dismiss a section also moving for these remedies. Thus it is likley that the cost to fight back against the troll would not have been 200k - with or without the pro bono.
There is a balance to be struck here, I agree, but in one example [0] it cost a troll an estimated $450 to file a completely baseless lawsuit which would have cost the defendant almost $200k to have dismissed ("would have", but didn't, only because the attorney worked pro bono). That doesn't seem to me to indicate that the balance is currently struck at about the right place.
It seems to me that before the court allows the dogs of discovery to be loosed upon the defendant, it is more than fair to require the plaintiff to be specific about what claims it is alleging infringment of and what the defendant is doing that constitutes infringement.
[0] http://www.techdirt.com/articles/20130814/02270724171/massiv...