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Six Strikes Data Requested for Lawsuits
Porn Copyright Troll Sees Collected Data as Tasty Target
by Karl Bode 09:42AM Wednesday Apr 03 2013 Tipped by MxxCon See Profile
In order to get everyone on board the entertainment industry's recently-launched "six strikes" anti-piracy initiative, the entertainment industry-run group behind the program (the Center for Copyright Information) repeatedly stated that data collection from the program wouldn't be used for lawsuits. While the MPAA and RIAA so far haven't requested that data, that hasn't stopped copyright trolls from doing so.

Adult film shop Malibu media has subpoenaed Verizon in an effort to collect six strikes data on one porn-sharing BitTorrent user. Verizon, as they've done with other copyright trolls like recently disgraced Prenda, is fighting the company and claiming it "harasses" its subscribers. It is not, however, clear if Verizon will win their battle, and if they lose it could open the door to a flood of requests for six strikes data:
quote:
The case appears to have gone smoothly, up to a point. The court granted a subpoena for the information and the John Doe defendant agreed to release it. However, Verizon has refused to hand over the details. Among other things, the provider claims that "the subpoena is intended to harass Verizon," particularly in the light of a motion Verizon filed against Malibu Media earlier this year. Verizon further points out that it wants to protect its customers from "shakedown tactics against Doe defendants."

To compel Verizon to comply with the subpoena, Malibu filed a "motion to enforce" at a Texas District Court yesterday in which the studio explains that the requested information is crucial for the upcoming trial.
Through the Center for Copyright Information, the RIAA and MPAA very much want to show they've moved beyond their previous tactics of suing everyone from children to senior citizens (even if said enlightenment is an act and six strikes gets more Draconian moving forward). As such, this latest development may cause some PR ripples, and will certainly boost business at the numerous BitTorrent proxy services seeing a windfall as users try to hide from the prying eyes of their ISPs.

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ericthered26

join:2011-09-29
Hamilton, OH

Dumb Idiots

Its just dumb how these idiots can't see this sort of nonsense coming from 1000 miles away.

Only the beginning, just wait.

Simba7
I Void Warranties

join:2003-03-24
Billings, MT

Re: Dumb Idiots

Oh, I seen this coming for a long, long time. I even predicted it.

..and.. wow.. Look what's happening. Who's paranoid now?
georgeglass5

join:2010-06-07
New York, NY

Really ?

People need to own pron ? or download it ? With so much variety out there being streamed. Haven't had to "own" any of it since 98. But to each his or her own.

Corehhi

join:2002-01-28
Bluffton, SC
Reviews:
·Hargray Cable

Re: Really ?

said by georgeglass5:

People need to own pron ? or download it ? With so much variety out there being streamed. Haven't had to "own" any of it since 98. But to each his or her own.

I call BS on 1998???? Frist off almost everyone had 33.6 or at most 56K lines back then and streaming anything was fairly rare. Of course you may work for the government and those guys get the most out of their bandwidth LOL.

98 I seriously doubt it.

gar187er
I do this for a living

join:2006-06-24
Dover, DE
kudos:4

Re: Really ?

first cable modem service came out in 1998.
--
I'm better than you!
georgeglass5

join:2010-06-07
New York, NY
Your absolutely right. I did have a 56k modem, no need to be so sphincterish about it, no pun intended. But as I stated, its been relatively easy to give up owning pron since 98, no mags, no vhs, no dvds needed, givin there is so much of it, for free.
ChrisDG74

join:2010-05-27
Cincinnati, OH
I had broadband(cable) in 1998, so....

MovieLover76

join:2009-09-11
kudos:1
Quantity vs Quality lol
Mr Matt

join:2008-01-29
Eustis, FL
kudos:1
Reviews:
·Millenicom
·Embarq Now Centu..
·Comcast
·CenturyLink

No recourse against fishermen that blackmail the innocent.

There needs to be some balance to protect the innocent victims from these fishing schemes. There was a report of an outrageous award to a Copyright Troll against Gerald Glover described in Techdirt for failing to respond to a lawsuit here:

»www.techdirt.com/articles/201303···se.shtml

This ruling gives trolls an incentive to simply file a lawsuit and if the defendant is innocent and cannot afford to pay for a lawyer to defend them they are automatically judged guilty and the troll is awarded an outrageous judgement. The judge is simply aiding and abetting extortion.

Transmaster
Don't Blame Me I Voted For Bill and Opus

join:2001-06-20
Cheyenne, WY

Re: No recourse against fishermen that blackmail the innocent.

"Tasty Target" wasn't that a title to a South Los Angles Block buster Movie. Starring Him Sue Hung, and Susie Thunder Thighs

What does one expect from such a sleazy industry. They don't care about the infringement they are just looking for some easy money.
--
I am quite sure now that often, very often, in matters concerning religion and politics a man's reasoning powers are not above the monkey's.
- Mark Twain in Eruption
Chubbysumo

join:2009-12-01
Superior, WI
Reviews:
·Charter
said by Mr Matt:

There needs to be some balance to protect the innocent victims from these fishing schemes. There was a report of an outrageous award to a Copyright Troll against Gerald Glover described in Techdirt for failing to respond to a lawsuit here:

»www.techdirt.com/articles/201303···se.shtml

This ruling gives trolls an incentive to simply file a lawsuit and if the defendant is innocent and cannot afford to pay for a lawyer to defend them they are automatically judged guilty and the troll is awarded an outrageous judgement. The judge is simply aiding and abetting extortion.

thats called a default judgement, which you can usually get thrown out if you can prove that they are in the wrong jurisdiction, or simply say that you were not informed of the lawsuit(as is the case many a time), and you get a new hearing. Most of the time, the second hearing has the judge pissed because the first one wasted his time, and the originator of the lawsuit is not looked upon with happy eyes. Also, as long as you don't admit to it, they have no proof other than IP logs, and IP logs have been shown to be terribly inaccurate as they are already, its usually a quick case, and if you win, the accuser pays your lawyers fees. There is a high likelyhood that if you get the default judgement tossed, the accuser will not refile, and then you can go after then for harassment too.
ISurfTooMuch

join:2007-04-23
Tuscaloosa, AL

Promises mean absolutely nothing

Promises of how any data collected will or will not be used mean absolutely nothing, no matter who makes them or how sincere they are. Once the data is collected, someone will want it for reasons not originally intended, and they'll start working on a way to get at it.

What we really need in this country in terms of data protection are two things: first, a law that states that any time someone collects data, there must be a written policy in place describing how it can be used, that policy cannot be changed retroactively, and no one (and I mean no one, including the government) who is not a party to that agreement/policy may have access to that data under any circumstances. Second, and more importantly, we need a constitutional amendment that prohibits Congress from changing how collected data can be used after the fact. For instance, if, say, Congress mandates that the government collects a certain amount of data for a particular reason, Congress can't go back later and change the law so that already-collected data can be used for a different reason. Naturally, they can change how data from that point forward is used, but anything that's already collected must be used as originally specified.
silbaco
Premium
join:2009-08-03
USA

Re: Promises mean absolutely nothing

The constitution should not be amended. At this time our government is not capable of making an amendment that wouldn't screw us all over.
ISurfTooMuch

join:2007-04-23
Tuscaloosa, AL

Re: Promises mean absolutely nothing

Maybe that's the case, but the Constitution is far from perfect as it is currently written. For instance, it says that Congress may grant copyrights for a limited period of time, but it doesn't specify what that means, so Congress can lengthen copyright terms as much as they want, which completely guts that section's intent.

Second, it states that two-thirds of state legislatures must approve an amendment for it to be ratified, but there is no time limit for approval, and there is no language on whether a state can grant approval and later reverse that decision before two-thirds of states have voted. This creates the possibility for some unintended outcomes, since Congress could pass an amendment, and it could sit out there for an indefinite period of time, just waiting to collect enough state legislatures to approve it. In the meantime, attitudes about the amendment could change, and states that previously approved it could no longer support it, yet it could still be ratified if there is enough support to push it through enough legislatures at one time or another.

Poop

@rr.com

Call the bluff

Has anyone even received one strike yet?