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View Full Version : Well, will this put the "fear of God" in downloader's minds?


YakMan
06-10-2011, 08:29 AM
http://money.cnn.com/2011/06/10/technology/bittorrent_lawsuits/index.htm?hpt=hp_t2

I was frankly wondering when someone would go after the ISP's as essentially "fencers" of stolen goods. But now that the studios can supoena user IP's, well....

:)

Mac H.
06-10-2011, 08:53 AM
I think you misunderstand this.

They aren't 'going after' the ISPs - they are just filling out the paperwork to get the ISPs to release records to them - so they can go after the downloaders.

They've been able to supoena user IP's for a while.

Another mass lawsuit just got given a big blow - the judge basically reprimanded the guys suing for wasting the court's time. One problem they have is that they are meant to be showing why that court is the right one.

For example - a guy in California downloads a bit torrent from someone else in California and it violates the copyright of a Hollywood company. It would seem to be a straight-forward case. But why should it be in the area of a district court in Washington to handle it? Multiply that by 50,000 and you get an idea of the problems.

There was a much better method used by another company. They basically uploaded gay porn on the torrents - but gave them normal file names that people might be searching for. Then went through the same procedure of suing.

The upside is that they can now threaten the people with a high publicity lawsuit. "Hey - we are looking for a high publicity lawsuit over guys who downloaded the film 'Hot Anal Midget' - we are just getting your name right for the press release. Or, you could settle for three thousand dollars"

They have a much higher success rate than the normal method.

Mac

YakMan
06-10-2011, 10:05 AM
Thanks for the background. And, yes, I did get they were - not - going after the ISP's. My question was why - haven't - USA lawyers figured out a way to go after the ISP's as a "conduit of stolen goods" as per the UK's controversial DEA:

http://www.zeropaid.com/news/88594/uk-govt-approves-3-strikes-website-filtering-bans-public-wi-fi-to-become-law-in-uk/

Slappynipsy
06-10-2011, 01:46 PM
"Hey - we are looking for a high publicity lawsuit over guys who downloaded the film 'Hot Anal Midget' - we are just getting your name right for the press release. Or, you could settle for three thousand dollars"



Oh like girls don't love Hot Anal Midget too, it's a classic. so sexist.

LighterD
06-10-2011, 02:33 PM
I think the correct term is Hot Anal Little People... though that sounds like a different movie...

Archduke
06-10-2011, 10:47 PM
I think if the copyright holders sued for reasonable amounts of money they would get lots more support. If they sued for twice the retail value of any pirated items wouldn't that be enough? Instead they sue for ridiculous sums of money and only end up punishing only .00000001% of all the people who pirate intellectual property online.

Makes no sense to me.

wcmartell
06-11-2011, 06:10 AM
No wonder I got CAPTAIN AMERICA when I tried to illegally download HOT ANAL MIDGET.

- Bill

Manchester
06-11-2011, 07:52 AM
There was a much better method used by another company. They basically uploaded gay porn on the torrents - but gave them normal file names that people might be searching for. Then went through the same procedure of suing.

The upside is that they can now threaten the people with a high publicity lawsuit. "Hey - we are looking for a high publicity lawsuit over guys who downloaded the film 'Hot Anal Midget' - we are just getting your name right for the press release. Or, you could settle for three thousand dollars"

They have a much higher success rate than the normal method.

That is clever. And amusing. Problem is, if one of the downloaders didn't care about his/her name becoming public in that context (maybe s/he's a porn-actor-slash-wannabe-screenwriter?)... I think that's called "extortion", regardless of the legitimacy of the claim for copyright infringement. So, what happens when the defendant's lawyer contacts the local DA, especially if the defendant is outside of California (so the DA doesn't care about the industry)? And then there's the bar association. I think lawyer-based extortion is a woefully under-appreciated/reported criminal act.

And, yes, I did get they were - not - going after the ISP's. My question was why - haven't - USA lawyers figured out a way to go after the ISP's as a "conduit of stolen goods" as per the UK's controversial DEA

I dunno about the UK law, but ISPs in the US are protected by law from such liability.

instant_karma
06-11-2011, 09:34 AM
There was a much better method used by another company. They basically uploaded gay porn on the torrents - but gave them normal file names that people might be searching for. Then went through the same procedure of suing.

The upside is that they can now threaten the people with a high publicity lawsuit. "Hey - we are looking for a high publicity lawsuit over guys who downloaded the film 'Hot Anal Midget' - we are just getting your name right for the press release. Or, you could settle for three thousand dollars"

They have a much higher success rate than the normal method.

Mac


I realize you may not actually possess this information, but did this company secure the consent of the gay porn copyright owners to distribute their content for free over the torrents?

ETA: wonder if it's these guys - http://www.ttinvite.com/world-torrent-news/3815-u-s-p2p-lawsuit-shows-signs-%91pirate-honeypot%92.html

Mac H.
06-11-2011, 11:19 PM
I realize you may not actually possess this information, but did this company secure the consent of the gay porn copyright owners to distribute their content for free over the torrents?
I'm sure they have no idea how the misleadingly titled porn ended up on the torrents. I'm sure they are *shocked* in the greatest Casablanca tradition of '"I am shocked, shocked to find that gambling is going on here'.

Mac

Mac H.
06-13-2011, 12:09 AM
Thanks for the background. And, yes, I did get they were - not - going after the ISP's. My question was why - haven't - USA lawyers figured out a way to go after the ISP's as a "conduit of stolen goods" as per the UK's controversial DEA:

http://www.zeropaid.com/news/88594/uk-govt-approves-3-strikes-website-filtering-bans-public-wi-fi-to-become-law-in-uk/

The main problem is that it is that the ISP is simply not in a position to know what content is legal and what isn't. It would be like suing Fedex over people buying fake Louis Vuitton handbags over the internet. How is Fedex meant to know which deliveries are violating someone's IP?

Look at what is happening with the studio lawsuits over Youtube. Youtube has responded pointing out that not even Paramount's legal department knew which videos were legal and which weren't. If the legal department of the copyright holder can't tell simply by looking at the videos.. then how is it reasonable that a 3rd party should know?

Look at Ken Levine's blog for an example. He often posts videos - sometimes entire episodes of shows he worked on. Would a 3rd party ISP be able to tell if they are copyright violations or not? Is it not a violation when the video is embedded in a page discussing how the technicalities of writing an episode like that .. but a violation if it was by itself? Is always a violation? Or, since he was the show's producer, is it always OK?

Who knows? I certainly don't. But one thing is certain - it is simply impossible for a conduit like an ISP to know.

Even 'obvious' examples like Bit Torrent aren't clear either - since some films are legally uploaded with the blessing of the copyright holder. ('The Tunnel' is a recent example)

There was a recent lawsuit where the studios tried to sue an Australian ISP over the behaviour of their users. In that case they argued that the ISP hadn't responded to their notifications of copyright infringement. They lost.

However the case isn't totally over because of yet another appeal - so it will probably finally be resolved at around the same time the internet become obsolete.

Mac

Arroway
06-15-2011, 08:08 PM
I'm sure they have no idea how the misleadingly titled porn ended up on the torrents. I'm sure they are *shocked* in the greatest Maltese Falcon tradition of '"I am shocked, shocked to find that gambling is going on here'.

Meanwhile, a million shameless websites, foreign and domestic, are shocked, shocked to find that piracy is rampant on their servers.

Feign ignorance all the way to the bank. It's the web 2.0 way.

Ernie Santamaria
06-22-2011, 10:38 AM
I'm sure they have no idea how the misleadingly titled porn ended up on the torrents. I'm sure they are *shocked* in the greatest Maltese Falcon tradition of '"I am shocked, shocked to find that gambling is going on here'.

Mac
-------------------------------------------------------
Mac,

The referenced *shocked, shocked* quote (spoken by Claude Rains) is of course, from a different Bogart film: "Casablanca," rather than "Maltese Falcon" (thought I'd alert you before Robert McKee's handlers put out a contract on you). :)

Ernie (not usually a quibbler)

Slappynipsy
06-22-2011, 01:37 PM
Netflix has the right idea about this, why would I bother hunting torrent sites, spend hours downloading and then have to give up precious hard drive space for a movie i can just stream to my Xbox for a small fee... If you just make a better product piracy will go away on its own. Sure, you'll lose profit in DVD sales but getting 60% of something is a lot better than 100% of nothing...unless it's a communicable disease of course.

Mac H.
06-22-2011, 06:45 PM
The referenced *shocked, shocked* quote (spoken by Claude Rains) is of course, from a different Bogart film: "Casablanca," rather than "Maltese Falcon" (thought I'd alert you before Robert McKee's handlers put out a contract on you). :) I'm sure everyone is *shocked, shocked* to find that I am spouting ignorance on the web. Isn't that the point of the web?

But it is pretty embarrassing. How did I get Casablanca confused with Han Solo's spaceship ?

Mac
(Insert winky icon)

(Insert link to Star Wars/XKCD Reference to the falcon: http://imgs.xkcd.com/comics/etymology.png )