Why we are not opposing motion on Monday.
The reason we insisted on a notice period was so that those affected or those interested in this situation could have a chance to intervene on Monday. If you feel that your information should not be released you could be represented anonymously if you choose to.
For the merit of what they are alleging, this is not a trial. So all they are doing at this stage is to show enough to pass a test in order to convince a court to order us to release the information. At this point no copyright infringement has been proven. We believe its important that people know when their private information may be released and that's why we have taken this approach.
The best way to protect against these requests is to simply not engage in these activities. We don't encourage illegal activities of any kind, nor am I insinuating that anybody has now either as I don't know one way or another why anybody might have appeared on their list. What people do online though is not for us to scrutinize, we don't monitor or collect data or anything of the sort. All ISPs are subject to these kinds of requests and this is not the first request of its kind. Other ISPs have had similar requests in the past and there will surely be more in the future.
All of that being said though, it's important to read exactly what they are alleging. My understanding is that they are alleging that at an IP associated with some of our customers accounts, their work was made available somehow. Whether anybody downloaded it or whether the alleged downloaded it is not part of their claim to my understanding. Again though, we are not and will not be commenting on any of the merits of what they are alleging. Those who do, should take advantage of the notice period and find a way to make their case on Monday. Should the motion pass and we were to be forced to give up the information, those alleged would then have to deal with Voltage directly. What they choose to do with the information is up to them. Again though, all they would have at that point would be your information, not a judgment that anybody has done anything wrong. To do that they would need to take the alleged to court where they would have the opportunity to plead their case.. As is the case in all court hearings.
Everybody should know though that we have looked into all angles to determine what our position should be in this situation and after spending a significant amount of time and soliciting a considerable amount of advice from numerous respected sources, we found that we simply could not comment on the merits of the case. Our place is to ensure that we provide adequate notice and also to make known to others that these requests have occurred and that the best way to make sure to avoid being involved is to simply not engage in such activities. If somehow you end up involved and you feel its not right, the place to voice your concern is the hearing on Monday. If you intend to appear, please let us know also.
I will be there on Monday to ensure your privacy is taken seriously however we will not be making a case against the merit of what they are alleging. That's for those affected and others to do if they wish to. Our role has been to provide notice and to take every step to alert and to some degree educate people that the laws have now changed and apparently so too have the technologies used to collect evidence in these cases. If they were not enforcing these laws in the past, they are certainly doing so now, whether the laws are right or not is not for us to judge.
Marc - CEO/TekSavvy