said by JMJimmy:said by paRaMeND:2) under a court order TekSavvy must produce names and ip's
Names yes, IPs/logs no.
said by paRaMeND:5) TekSavvy does not have any grounds to oppose the motion, they are neither judge or jury and can not decide it's merits, and are not a defendant in the case.
Actually they have grounds to oppose the motion. a) financial hardship (they may lose a good portion of those customers for various reasons) b) they could try arguing that the logs collected were not intended for use in that way (probably won't work due to application/scope) c) Voltage is likely to take the information across borders (see 6)
said by paRaMeND:6) Privacy laws are over ruled by a court order
Untrue. Privacy laws have stipulations for disclosure by court order, which still must be follow within the bounds of the privacy laws. ie: Even under court order data can't be taken across borders, must be secured to Tek's satisfaction, data can't be shared with others by Voltage, etc
on 5 you do know that vltage is alleging 10000 per infringement rather then non commercial ....can you tell me seeing a torrent swarm how money is being made by a user sharing ?
what tsi could do in upcoming trial is get 100 volunteers to go get a linux iso and setup a dummy tracker and show the court what voltages evidence really is and that the motion to get the names and addresses proves no more commerical gains by the ips then by a name.
Hopefully CIPPIC mentions this .YESSSS its a technicality and voltage is free to refile and spend the money to do that but then the damages will be far less and more time is gained to lawyer up and cause its under 7 grand poorer people can get a lawyer.
welcome to usa style economic terrirsm
