This in no way will be helped by the fact that the lawsuit is being facilitated by "pirate parties" all over the world. We know what the pirate parties stand for; a jury would not.
Isn't this precisely the kind of case the EFF regularly takes up?
1. Not many US federal court cases end up in front of juries anymore.
2. Many jurisdictions outside the US don't use juries at all, others use them only in criminal cases, not civil.
3. The plaintiffs in these cases would be the users harmed, not the "Pirate" parties, and even if a jury were used, it is unlikely a judge would allow the defense to make anything out of the fact that a "pirate party" were involved, as it's entirely irrelevant and potentially prejudicial.
4. The EFF generally takes up cases it thinks might be winnable.
Isn't this precisely the kind of case the EFF regularly takes up?