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Comments on news posted 2010-09-27 09:30:29: The U.S. Copyright Group, a new firm that's trying to turn pre-settlement threat letters sent to P2P users into a revenue stream for copyright holders, has had one of their ISP subpoenas in South Dakota shot down. ..



FFH
Premium
join:2002-03-03
Tavistock NJ
kudos:5

Technicalities will be overcome - subpoenas will be served

The judge shot down the subpoenas on a technicality. So the Copyright Group will correct those defects and the case will move forward on the merits. Midcontinent just bought a little time is all. Then the case will have to be fought on whether US Copyright Group has power to have subpoenas issued. Based on precedent they do.


ShellMMG

join:2009-04-16
Grass Lake, MI
Reviews:
·Frontier Communi..

Process Serving? Whazzat?

When I worked for an attorney, a subpoena always had to be served properly, either through a process server or registered mail, return receipt requested to prove the party had actually *received* the subpoena.

Via fax? How convenient and easy for USCG. It's cheap and dirty...and definitely out of order and not acceptable. If these extortionists are forced to follow the law it'll be costly. They'll have to shell out money to pay human process servers to hand deliver the subpoena, or rely on the US Mail to return a signed receipt. ALL of that costs money, a lot more than a fax.


chimera

join:2009-06-09
Washington, DC

Don't forget that in most cases you also need an attonery that is licensed in the state. I doubt they have attornies authorized to practice in all fifty states on staff.



Doctor Four
My other vehicle is a TARDIS
Premium
join:2000-09-05
Dallas, TX

US Copyright Group is reminding me more and more of ACS:Law

In that they are employing similar questionable legal tactics, and that like ACS:Law, US Copyright Group seem to be solely in the business of profiting from piracy.

They may very well become the next targets in the 4chan coordinated DoS attacks against anti-piracy organizations.
--
"The trouble with computers, of course, is that they are very sophisticated idiots." - Doctor Who (from Robot)


hottboiinnc
ME

join:2003-10-15
Cleveland, OH
reply to chimera

Re: Process Serving? Whazzat?

that can be done easily. They just need to hire a legal staff that took the National Bar and has paid their dues and that's it.


Kearnstd
Space Elf
Premium
join:2002-01-22
Mullica Hill, NJ
kudos:1
reply to FFH

Re: Technicalities will be overcome - subpoenas will be served

USCG will get more smackdowns though because they are using the process for straight profit and not for what it was intended.

You also have the fact that if they are not using a court in that district, do they really have a right to sue people anywhere in the country from Washington DC?
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports



Gbcue
Premium
join:2001-09-30
Santa Rosa, CA
kudos:8
reply to ShellMMG

Re: Process Serving? Whazzat?

Also remember the subpoena has to be signed by somebody that is local to the served person which costs even more $$$ if they have to hire lawyers in every district.
--
My Blog 2.0



Simba7
I Void Warranties

join:2003-03-24
Billings, MT

U.S. Coypyright Group Has South Dakota Subpoena Shot Down

Looks like Karl's just waking up, too.

It should say "South Dakota ISP has U.S. Copyright Group Subpoena Shot Down"

..or something like that.. From what it sounds like, it says that the U.S. Copyright Group shot down an ISP subpoena, not the other way around.
--
Bresnan 18M/1M
MyWS[E5200@3.75GHz,4GB RAM,2x1TB HDDs,Win7]
WifeWS[A64@2GHz,2GB RAM,120GB HDD,Win7]
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Simba7
I Void Warranties

join:2003-03-24
Billings, MT
reply to Doctor Four

Re: US Copyright Group is reminding me more and more of ACS:Law

said by Doctor Four:

In that they are employing similar questionable legal tactics, and that like ACS:Law, US Copyright Group seem to be solely in the business of profiting from piracy.
How do we know the U.S. Copyright Group doesn't have hidden servers that "Pirate" their content?

..or it makes it look like it's pirating, therefore they can make their case against everyone even thinking of downloading a file.

How do we know half of these "Pirates" are really their own servers?
--
Bresnan 18M/1M
MyWS[E5200@3.75GHz,4GB RAM,2x1TB HDDs,Win7]
WifeWS[A64@2GHz,2GB RAM,120GB HDD,Win7]
Router[2xP3@1GHz,512MB RAM,18GB HDD,SMC 8432BTA,2xDigital DE504,Compaq NC3131,Intel Pro/1000MT,IBM Gigabit Ethernet-SX,Allied Telesyn AT2560FX,Gentoo Linux]


kados
Hail Odin
Premium
join:2003-03-14
Watertown, SD
kudos:1

WOW

I wonder if that subpoena was for me.

Seriously, I'm with Midco in Watertown, SD and I am constantly downloading TV shows and the occaisionaly a movie.

Here's the deal, I know around 100 people who all are on Midco and are way bigger pirates than me, and I've never heard anyone EVER get a letter from Midco.

When I moved in with my girlfriend, she didn't have any internet service, we went to Midco, and got stand-alone internet, the 20/2 tier for $20 a month for 2 years. The lady at the local office asked me what we mostly do on the net, and I told her a little pc gaming, downloading movies and tv shows and she said the 20/2 tier is perfect for, now this is a quote "downloading movies from limewire".

Interesting this is the first I've heard of it
--
Bla Bla Bla


EdmundGerber

join:2010-01-04
kudos:1
reply to FFH

Re: Technicalities will be overcome - subpoenas will be served

said by FFH:

The judge shot down the subpoenas on a technicality. So the Copyright Group will correct those defects and the case will move forward on the merits. Midcontinent just bought a little time is all. Then the case will have to be fought on whether US Copyright Group has power to have subpoenas issued. Based on precedent they do.
Technicality??!!!?

Making up procedures to suit yourself? That's a technicality in your book, eh?

Enjoy your blood money, dic**ad


Harddrive
Proud American and Infidel since 1968.
Premium
join:2000-09-20
DFW
kudos:2
reply to ShellMMG

Re: Process Serving? Whazzat?

'registered mail, return receipt requested'

i just figured out how the USPS can get out of their money troubles. raise their registered mail rates for law firms.
--
Liberty is allowing other people to do the things you disaprove of.


chimera

join:2009-06-09
Washington, DC
reply to hottboiinnc

Nope you need to hire fifty legal staffs. That's where the cost starts coming in. Since this is a pure profit endeavor if cost exceeds revenue it dies.


soccerguy

join:2004-06-28
Seattle, WA
reply to hottboiinnc

There is no national bar. One must be admitted state-by-state, either by taking that state's bar exam or through a reciprocity agreement.



OvrQualified
Slightly Ahead Of Time
Premium
join:2002-01-27
Winter Park, FL
Reviews:
·Time Warner Cable
reply to chimera

said by chimera:

Nope you need to hire fifty legal staffs. That's where the cost starts coming in. Since this is a pure profit endeavor if cost exceeds revenue it dies.
Pretty much, because even if you took the 50 state bar, you'd have to be admitted Pro Hac Vice to a court you're not a member of the bar in...and for that you need an attorney on the ground to file the motion.
--
The enemy of my enemy is my WHAT?!


RARPSL

join:1999-12-08
Suffern, NY
reply to ShellMMG

said by ShellMMG:

When I worked for an attorney, a subpoena always had to be served properly, either through a process server or registered mail, return receipt requested to prove the party had actually *received* the subpoena.
While I know that the registered mail/return receipt route is valid (the sender either gets the return receipt back or the UNOPENED letter with a not-picked-up/refused notation), I dispute the validity of the process server route due to the practice of "Sewer Service" (where the process server claims to have served the papers while not actually doing so) unless it is done as part of a nail-and-mail effort (ie: Physical delivery along with the mailed one).

I once was able to have such a "service" voided (along with the case being thrown out after it had resulted in a no-show on my part when I finally found out about the case) due to lack of notification when I showed that I was out of town at the time the server certified (ie: Lied) that I had been presented with the papers. Simple CLAIMS of physical delivery should not be acceptable without some other proof (the Return Receipt or the actual rejected letter).

ShellMMG

join:2009-04-16
Grass Lake, MI
Reviews:
·Frontier Communi..
reply to OvrQualified

It's been years, but I remember that lawyers here in Michigan who were licensed to practice in Florida were paid a premium because the FL bar exam was extremely difficult to pass.

I hate to admit it, but using our red-tape tangle of a legal system may be the key into shutting down the extortionists. What other route will they take if it becomes too expensive to pursue "pirates" on a case-by-case basis?


Margolis
Premium
join:2003-11-24
Saint Louis, MO

1 recommendation

reply to EdmundGerber

Re: Technicalities will be overcome - subpoenas will be served

said by EdmundGerber:

said by FFH:

The judge shot down the subpoenas on a technicality. So the Copyright Group will correct those defects and the case will move forward on the merits. Midcontinent just bought a little time is all. Then the case will have to be fought on whether US Copyright Group has power to have subpoenas issued. Based on precedent they do.
Technicality??!!!?

Making up procedures to suit yourself? That's a technicality in your book, eh?

Enjoy your blood money, dic**ad
yes, a technicality. it was shot down because they were faxed instead of being delivered in the legally stipulated manner.


trainwreck6

join:2010-09-21
off track

A T-Shirt Message

A kid walked onto a bus last week and his T-shirt read: "It's Not Piracy If There Wasn't A Parrot Involved..."



trainwreck6

join:2010-09-21
off track
reply to Doctor Four

Re: US Copyright Group is reminding me more and more of ACS:Law

Co-ordinating DoS attacks is illegal. All this taking revenge back and forth will have consequences.

Profiting from piracy, at present, isn't. (on the enforcement side to be clear)



AVD
Respice, Adspice, Prospice
Premium
join:2003-02-06
Onion, NJ
kudos:1
reply to soccerguy

Re: Process Serving? Whazzat?

said by soccerguy:

There is no national bar. One must be admitted state-by-state, either by taking that state's bar exam or through a reciprocity agreement.
Isn't there a federal bar, but it ceremonial?
--
standard disclaimers apply.