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CXM_Splicer
Looking at the bigger picture
Premium
join:2011-08-11
NYC
kudos:2
reply to JohnInSJ

Re: Second Bogus Notice of Claim of Copyright Infringement

quote:
It is also a poor defense in a legal case.

Why? If the goal of the plaintiff is to prove that you are the infringer then how is this a 'poor defense'?

mick_light

join:2012-07-21
Niles, MI

1 edit
said by CXM_Splicer:

quote:
It is also a poor defense in a legal case.

Why? If the goal of the plaintiff is to prove that you are the infringer then how is this a 'poor defense'?

Exactly....its not.

That court case I posted is from a U.S. District court ruling in New York. Its not from some county judge that holds no weight in the court arena. A U.S. District judge does hold some clout and future precedence will be determined by his ruling on this matter.

Bottom line its not a TOS issue like one of the other posters said. Its a 'copyright infringement' matter. And a judge has made a ruling (and a very clear one at that) that can be used in future court cases of this type that basically "An i.p. does not equate to an ISP user". There is no need for any more discussion that's all that matters and it speaks volumes.

Throw the letter away and don't look back.