Dear Questioner, Interesting question. You state you've discovered an unauthorized distribution of your copyright (registered?) work but rather than seek to shut it down, you may permissively allow it to continue. Pre-supposing that you could shut it down if you wanted to, making the conscious decision to allow the torrent could potentially have a negative impact on your lawsuit depending on how the issue was framed it is an argument you can control and need to explore further with a lawyer. This isn't "unclean hands" that is a legal doctrine your question is using inappropriately. It would be better to contact the bittorrent operator and offer a license or some other arrangement. DMCA notices will, generally, get a bittorrent taken down, unless the website in question is one that flagrantly disobeys copyright regulations (e.g. PirateBay), or, perhaps, is operated in a jurisdiction far outside the sphere of law of the USA and Europe. Regardless of whether you permissively leave up the torrent, you can still sue for the unauthorized distribution. Your situation sounds complicated. If you're going to sue, you'll need to see an attorney anyway. I recommend you pose this question to your attorney, along with all the other pertinent facts. This message is just general information. For a good, solid legal opinion, you need a full consult where the facts of your situation will be thoroughly explored.
Answered on Sep 12th, 2012 at 4:20 PM