reply to zod5000
Re: The US six strike plan
said by zod5000:Private companies are still not above the law. They must abide by the law, and still cannot do things that are against the law. Right now, its a grey zone because there is no established case of if their swarm logs constitute enough proof of violation. Literally every case that has ever come up ends up being about the slip of the tongue the downloader makes. The proof they use has never come under scrutiny because it usually never gets that far, OR, they get the accused to self incriminate. The porn case in Florida is pivotal to this whole program, because if their "proof" is not enough to get a judgement in the CR holders favor, it means that it cannot be used by any company in this already somewhat quasi legal six strikes plan.
I don't the law applies in this case.
Unfortunately that just isn't true. Every ISP has terminology in their TOS that allows them to refuse service for pretty much any reason NOT prohibited by law. (they can't refuse you service because you are black, for example) But for any reason not specifically prohibited, they can. So there is no need for the 6 strikes law to hold up in court, and there is no need for them to "prove" you did anything wrong. You have no guaranteed right to be their customer, and that is the only legal claim you could make.