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silbaco
Premium Member
join:2009-08-03
USA

1 recommendation

silbaco to jc10098

Premium Member

to jc10098

Re: Well now people have a legal out...

Saying you have an open router will very possible just result in a loss of $35. They don't care. They are tracking strikes by account, not person.
jc10098
join:2002-04-10

1 recommendation

jc10098

Member

Yes, but you've spent 35 dollars to profess innocence. ISP "exonerates you", and the MPAA / RIAA have now lost grounds to sue I'm guessing. After all, open router, hacked, etc, the ISP buys your excuse for the "fee".

If taken to court, bring said I was found innocent due to X reason. 35 dollars is a lot cheaper than the 1000's a lawyer costs to make the same case.
silbaco
Premium Member
join:2009-08-03
USA

1 recommendation

silbaco

Premium Member

But the whole point of the 6 strikes is to cut down on lawsuits. The RIAA has supposedly agreed not to sue customers of participating ISPs, although we will have to see for sure.
Chubbysumo
join:2009-12-01
Duluth, MN
Ubee E31U2V1
(Software) pfSense
Netgear WNR3500L

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Chubbysumo to jc10098

Member

to jc10098
said by jc10098:

If taken to court, bring said I was found innocent due to X reason. 35 dollars is a lot cheaper than the 1000's a lawyer costs to make the same case.

if you win, they pay your lawyers fees, and other things like time off required or damages to reputation and such. The MPAA, or anyone related will not sue anyone anymore because one simply has to file bankruptcy to get out of any judgement against you, and for that matter, they just wasted hours of time on a case to not get paid anything, which would be fine with me.

Pirate515
Premium Member
join:2001-01-22
Brooklyn, NY

Pirate515 to jc10098

Premium Member

to jc10098
said by jc10098:

Yes, but you've spent $35 to profess innocence. ISP "exonerates" you, and the MPAA/RIAA have now lost grounds to sue I'm guessing. After all, open router, hacked, etc., the ISP buys your excuse for a "fee".

IMO, if you are stupid enough to spend $35 to profess your innocence, you are wasting your money, time and efforts. The "review panel" or whatever it is called is very likely biased in favor of MAFIAA. They will happily take your money, then BS you that after "extensive" and "careful" review they still believe that you are at fault and if you wish to appeal, you will need to spend even more money with no guarantee that they will decide in your favor. Personally, I would rather spend a bit more on VPN service, at least that money won't be going to MAFIAA's campaign to restrict our Internet use even more.
said by jc10098:

If taken to court, bring said I was found innocent due to X reason. $35 is a lot cheaper than thousands a lawyer costs to make the same case.

The problem is that you are paying $35 for a private investigation, the results of which have absolutely no impact on the outcome of the actual court case. If you are unlucky enough to be the target of their lawsuit, your best bet is to settle with them if they offer it, otherwise you have no choice but to lawyer up and defend yourself.
Pirate515

Pirate515 to Chubbysumo

Premium Member

to Chubbysumo
said by Chubbysumo:

...one simply has to file bankruptcy to get out of any judgement against you, and for that matter, they just wasted hours of time on a case to not get paid anything, which would be fine with me.

Well, that doesn't just screw them, that affects you as well. Bankruptcy will tarnish your credit report for the next 7 years, meaning that any applications for mortgages, car loans, credit cards, new cell phone contracts, etc. will be denied on the spot. Trying to rent a new apartment? Many landlords run background checks. The second they see bad credit, they will deny you. Same thing with jobs. Many employers also run background checks, and credit check if a part of many of them.
axus
join:2001-06-18
Washington, DC

axus

Member

Ouch, that seems disproportionate to the offense of copyright infringement.

NormanS
I gave her time to steal my mind away
MVM
join:2001-02-14
San Jose, CA
TP-Link TD-8616
Asus RT-AC66U B1
Netgear FR114P

NormanS

MVM

said by axus:

Ouch, that seems disproportionate to the offense of copyright infringement.

That is the point. The MAFIAA wants Draconian penalties in a de juris system which costs them nothing to bring a complaint, and for which the penalty is 100% certain in their favor, and sufficiently harsh that Internet users will quake in their chairs as they surf the 'net.

They seem to think they will mitigate piracy by hammering the little guy hard.

Personally, I don't think it will work. For all the piracy I committed, I never feared their hammer; I was not pirating their "junk". I did not stop my piracy out of fear of the MAFIAA; but only because the "stuff" I wanted became easily, and legally available.
Rekrul
join:2007-04-21
Milford, CT

Rekrul to jc10098

Member

to jc10098
said by jc10098:

Yes, but you've spent 35 dollars to profess innocence. ISP "exonerates you", and the MPAA / RIAA have now lost grounds to sue I'm guessing. After all, open router, hacked, etc, the ISP buys your excuse for the "fee".

Your case is looked at by an arbitration company paid for by the copyright holder. Your ISP isn't involved in the process. Since the arbitration company will want to continue being hired, there is a very strong incentive for them to find in favor of the copyright holder.
Rekrul

Rekrul to Chubbysumo

Member

to Chubbysumo
said by Chubbysumo:

The MPAA, or anyone related will not sue anyone anymore because one simply has to file bankruptcy to get out of any judgement against you, and for that matter, they just wasted hours of time on a case to not get paid anything, which would be fine with me.

Tell that to Jammie Thomas and Joel Tenenbaum.

Even if they never get paid, a large judgement serves to scare others.

And after all the lobbying the MPAA & RIAA have done to get new copyright laws passed around the world, especially with them asking for even harsher fines and even criminal penalties for copyright infringement, do you really think that after six alerts to the same IP address, they've just going to shrug and say "Oh well, I guess they're not going to stop. Let's just ignore them from now on."?

Not a chance. If the same IP address keeps showing up after the first six strikes, they will take some kind of legal action.

There's no way in hell that the MPAA/RIAA would ever agree to a system that gives a free pass to repeat infringers.