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Time Warner Cable Must Turn Over P2P User Names
Court Disagrees With Company's Claim Processing IP Requests Too Burdensome
by Karl Bode Monday 28-Mar-2011 tags: legal · Fileswapping · business · legislation · RoadRunner Cable
As we've been exploring, a new firm called the "U.S. Copyright Group" has been trying to make a business model out of suing users who trade copyrighted files. The group files off a significant number of legal threat letters -- hoping users will settle outright. While the group is getting help tying IP addresses to names from a large number of ISPs, Time Warner Cable hasn't been one of them -- refusing to turn over names to several different groups because of the high costs associated with the process. That has resulted in several suits, and a Washington federal judge has since ordered Time Warner Cable to turn over the names:

Howell wrote that Time Warner had failed to prove its point, noting that other cable companies have been able to comply with similar requests and also that the plaintiffs have offered to pay for Time Warner to hire an additional employee to help. She also disagreed with amicus briefs filed by several free speech groups, including the American Civil Liberties Union and Electronic Frontier Foundation. Those groups argued that the anonymity of Internet users are protected by the First Amendment, even in certain cases involving copyright infringement.

Time Warner Cable had claimed that each IP lookup cost the company $45, and a previous court ruling had declared that the company only has to give up 28 IP-addresses a month. In contrast, France's new "three strikes" initiative involves ISPs receiving as many as 25,000 IP requests a day, a number the entertainment industry would like to see closer to 50,000.

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gorehound

join:2009-06-19
Portland, ME

U.S. Copyright Group the scumbags of the world

U.S. Copyright Group are nothing but a bunch of scumbags.
Need I say anymore about their asshole tactics.
make a business model out of sueing possibly innocent folks.
Kiss My Dog's Ass !!!!

Romney2012
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1 edit

Re: U.S. Copyright Group the scumbags of the world

N/M

Dude111
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Excellent reply my friend

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Re: U.S. Copyright Group the scumbags of the world

said by gorehound:

U.S. Copyright Group are nothing but a bunch of scumbags.
Need I say anymore about their asshole tactics.
make a business model out of sueing possibly innocent folks.
Kiss My Dog's Ass !!!!

Yep, copyright trolls defined. They offer nothing of substance, just abuse of the legal system.

Romney2012
Defeat Obama 2012-Chg we can believe in
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Judge saw thru TWCs cost exaggeration

The judge saw thru TWCs exaggerated cost estimates and called their bluff. We'll see what happens now and if TWC will comply or will appeal the decision.
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DMWCincy

join:2004-04-27
Fairfield, OH

Re: Judge saw thru TWCs cost exaggeration

Does it really matter how much it really cost TWC? All this does is gives them another reason to raise rates(like they need a reason in the first place) for us customers that do not upload or download questionable legal material....

Gbcue
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said by Romney2012:

The judge saw thru TWCs exaggerated cost estimates and called their bluff. We'll see what happens now and if TWC will comply or will appeal the decision.

How much does it cost to look it up?

At $45/a pop, that's only a little over $20/hour (if it takes 2 hours)...

$10/hour if they're (peon who does work) is taxed.
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thedragonmas

join:2007-12-28
Albany, GA

Re: Judge saw thru TWCs cost exaggeration

said by Gbcue:

said by Romney2012:

The judge saw thru TWCs exaggerated cost estimates and called their bluff. We'll see what happens now and if TWC will comply or will appeal the decision.

How much does it cost to look it up?

At $45/a pop, that's only a little over $20/hour (if it takes 2 hours)...

$10/hour if they're (peon who does work) is taxed.

ok so your figuring 2 hours per IP look up? you must have missed this part of the article


Time Warner Cable had claimed that each IP lookup cost the company $45, and a previous court ruling had declared that the company only has to give up 28 IP-addresses a month. In contrast, France's new "three strikes" initiative involves ISPs receiving as many as 25,000 IP requests a day, a number the entertainment industry would like to see closer to 50,000.



so if they got that many, 25k a day, and it takes 2 hours each according to you. thats 50k hours, in order to do 50k man hours a day it would take, 6,250 new workers at $20 an hour? would be an extra ~$1,000,000.00 a DAY to process, based on your argument. so uhm, thats an extra $30M a month, wonder what that would equate to on peoples bills?

hey wait you know what i like this idea, they should tack it on the bill as a line item "MPAA/RIAA cost recovery fee"
Gflo

join:2009-06-25
Oxford, GA

Re: Judge saw thru TWCs cost exaggeration

There isn't any law that mandates ISP's have to keep the records, they could just drop the records. It would only save space.

Romney2012
Defeat Obama 2012-Chg we can believe in
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said by Gbcue:

said by Romney2012:

The judge saw thru TWCs exaggerated cost estimates and called their bluff. We'll see what happens now and if TWC will comply or will appeal the decision.

How much does it cost to look it up?

At $45/a pop, that's only a little over $20/hour (if it takes 2 hours)...

$10/hour if they're (peon who does work) is taxed.

With computer pgms, a lookup could be accomplished in an online query in 10 sec - a minute tops. And then push a button and the letter goes out to the customer.
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jhboricua
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Re: Judge saw thru TWCs cost exaggeration

said by Romney2012:

With computer pgms, a lookup could be accomplished in an online query in 10 sec - a minute tops. And then push a button and the letter goes out to the customer.

Someone still has to enter the query info.
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Romney2012
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Re: Judge saw thru TWCs cost exaggeration

said by jhboricua:

said by Romney2012:

With computer pgms, a lookup could be accomplished in an online query in 10 sec - a minute tops. And then push a button and the letter goes out to the customer.

Someone still has to enter the query info.

Do they? I am sure the legal firm asking for the info can provide it as a file with the IP address, date & time. You feed that file in to a pgm and voila, out pops the name, address, acct info etc for the cable company. Then feed that file to an email/letter generating pgm. I mean this is basic corporate programming here that someone could write these programs in an afternoon. TWC is blowing smoke claiming this process is anywhere near as expensive or manpower intensive as they claim. They don't want to supply that info, maybe for altruistic reasons, or maybe they just don't want to lose customers when they send those letters out.
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Gbcue
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Re: Judge saw thru TWCs cost exaggeration

said by Romney2012:

said by jhboricua:

said by Romney2012:

With computer pgms, a lookup could be accomplished in an online query in 10 sec - a minute tops. And then push a button and the letter goes out to the customer.

Someone still has to enter the query info.

Do they? I am sure the legal firm asking for the info can provide it as a file with the IP address, date & time. You feed that file in to a pgm and voila, out pops the name, address, acct info etc for the cable company. Then feed that file to an email/letter generating pgm. I mean this is basic corporate programming here that someone could write these programs in an afternoon. TWC is blowing smoke claiming this process is anywhere near as expensive or manpower intensive as they claim. They don't want to supply that info, maybe for altruistic reasons, or maybe they just don't want to lose customers when they send those letters out.

For this to happen, the file will have to have the full subpoena and legal language...
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lesopp

join:2001-06-27
Land O Lakes, FL
Provide it to them as CSV file with all spaces and periods removed and only one comma somewhere in the middle. Of course it should be in digital and analog format!
thedragonmas

join:2007-12-28
Albany, GA

Re: Judge saw thru TWCs cost exaggeration

said by lesopp:

Provide it to them as CSV file with all spaces and periods removed and only one comma somewhere in the middle. Of course it should be in digital and analog format!

but only if the digital is on 5.25" floppys, and the analog is printed in 2pt font.
Kearnstd
Elf Wizard
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Protecting privacy is Far far more important than copyrights. especially when the so called protector of the copyright is a firm known for pissing all over the legal system.
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bluedyedvd

join:2007-04-15
Overland Park, KS

1 edit

is appeal possible?

is it possible to appeal? this was a pretrial ruling and I don't think you can appeal until after case has ended I am a wrong? How can this judge overrule anther judge in her district and at the same level this judge said the twc 28 ip a month rule no longer applies that judge can't do that.
Mr Matt

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An IP address is not a person unless Justice Roberts says so

I guess the US lawmakers cannot learn from other countries. In Great Britain a judge determined an IP address is not a person. Of course the Justices in the US do not get the message. Just one more corporatist scam. Being the registered broadband subscriber does not prove you downloaded anything.

nukscull

@rr.com

Re: An IP address is not a person unless Justice Roberts says so

I'm not sure how that ruling makes any sense.

A gun is not a person, but if a person shoots someone else and dumps the gun, and the police trace that gun by ballistics to the owner, then they arrest the owner. No one expects a judge to rule that a gun is not a person.

So if someone does anything illegal over the Internet, it is not an IP address that is doing what is illegal, it is the person behind the equipment with that IP address.

Now I don't agree with the copyright holders and the way they pursue these cases. But a judge ruling that an IP is not a person is also hurting finding spammers, identity thieves, and other hackers/crackers.

FBGuy
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Re: An IP address is not a person unless Justice Roberts says so

if they trace a bullet to a gun they still don't know who shot it. all they know is the registered owner, if it is registered.

knowing where something came from is not the same as knowing who did it.

N3OGH
Yo Soy Col. "Bat" Guano
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Rolling with said gun analogy, if a prosecutor can't prove beyond a reasonable doubt a particular person fired that gun, then it can't be used against them in court. The burden of proof is on the prosecution to tie that gun to a particular person.

While we're dealing with a civil action here, where the burden of proof is preponderance of the evidence, and not beyond a reasonable doubt, people are being denied property rights (money to fight said lawsuit) by said actions.

True, it is said equipment that is the tool of "wrongdoing" (if you consider it such), not the IP address. I would liken the IP to a license plate on a car involve in a crime. It CAN identify the owner of the vehicle, but it won't necessarily point directly to the perpetrator. It's a clue in a long list of clues that CAN lead you to the alleged evil doer.

Problem is, the copyright holders end their investigation with getting the license plate number and file shotgun lawsuits at everyone, hoping to get juicy settlements, and scare the rest of us into "compliance".

Example: All the workstations in my building are assigned fixed IP addresses, as they carry confidential information that needs to be tracked. Recently, we had some new people come on board, along with some office moves. The database my employer was using to link the databases, to offices, to users was riddled with errors, and several users (myself included) ended up have machines with the same fixed IP on the same network. It caused a lot of headaches for a week or so, until the IT folks squared it away.

My employer uses the SAME database to track internal "misuse" of the Internet and our internal databases. Had someone assigned my IP address decided to do some sort of "evil" when I wasn't logged in, then I would have been accused of it. We all stood around the office talking about this very issue. Who would be wrongfully accused? Who would loose their job? Etc.

Having just the IP address isn't enough IMHO. I need to see some hard proof on the equipment before folks are out serious cash for these lawsuits....
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maartena
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From the 9 protected wireless routers in my neighborhood, 3 of them are WEP.

WEP as we now know can be cracked in under 5 minutes. So yes, in essence.... unless you have absolute proof that the offended materials came from a computer in that household, an IP address itself does not prove anything.

With regards to the owner of a gun, if he did not pull the trigger, they cannot convict him. There are many factors involved. Usually a stolen gun is used by someone that has no relation whatsoever to the gun owner, and it may, for instance, have been used in a gang killing on the other side of town while the registered gun owner is a 60 year old white male in middle-class suburbia. Add to that possible alibi's, witness accounts (also those of neighbors to determine whether they saw the gun owner leave), cell phone records, traffic camera records (where did his car go, and would he have passed any cameras on the way over to the murder scene), etc.... forensics isn't cut and dry.

Yeah the gun could have been handled with gloves only, the killer may look a little bit like the gun owner, he has no alibi (home alone), the neighbors thought he might have been seen leaving, and the route between A and B contained no traffic camera's that could have recorded him passing by, and he intentionally left his cell phone at home to fool the police..... but I personally haven't heard of a case where a registered gun owner was wrongly convicted for murder.

At best, he will slapped with a fine for careless handling of a weapon and failure to report it stolen.

Going back to the downloading, having an IP address only means you have the SOURCE. It does not mean you have the actual person that committed the crime.

And the same is true for crackers, hackers, identity thieves etc. Hell, the most proficient hackers these days are child porn distributors, who love to do their uploads using open, and easily hacked connections. Would you want to see yourself hauled off to jail because some asshat hacked into your wireless router, and used it to upload child porn? And in those cases, it is often just as bad to be ACCUSED of it via a "IP address = person" arrest, because the media is hot on these things. If you are respected professional in many occupations, even the ACCUSATION of such a thing, can ruin a man's career.

Then, it doesn't matter any more if he gets released the next day when it turns out his computer contains no traces, and his router was only protected by WEP..... and there might be reason to think it was hacked. The damage is done. Some people might think: "Yeah right, hacked router.... he let some one with a laptop use his network, and doesn't want to give this person up".

Here in the state of California, a traffic ticket can not be issued to a car if the offense is committed while someone is operating the car. (parking tickets are different). This is why this state has no speeding cameras. It does have red light camera's, and I have been unfortunate enough to make a quick right turn at a red light, without coming to a complete stop (rolling into the crossing.... not completely stopping, and quickly making the turn). When I got the ticket, they had made not only a video I could go watch online, they had made very clear pictures of me, the driver, from the front, right before I made the turn. In other words: They can only fine the offending DRIVER, not the offending CAR. When I got the ticket, it had detailed instructions for the "if this is not you on the picture" scenario - in case the car was loaned to someone else.

An IP address is not a person. You can't go around and accuse the user of an IP address of hacking, cracking, identity theft, downloading, child porn, or whatever cyber crime.... simply because that is where it came from. You need to find the offending computer, and find the offending criminal AFTER you got the IP address, before you simply arrest the main account holder.
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Re: An IP address is not a person unless Justice Roberts says so

I have a gripe with TWC a few people I know have a modem\wireless router thru them and the cable company set it up leaving it wide open to the world yet placed a password so that no one can go into it to change the any of the settings etc
Chubbysumo

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this is very correct, and AFTER the subpoenas are filled, and the letters of notice are sent, this will be the first thing(aside from jurisdictional arguments) that is challenged. I have upwards of 12 people using my home internet connection at a time, and I have no idea what each person is doing, or who they gave the password to(WPA2 enterprise, for shits and giggles). If one of them does something illegal or against civil laws, I would let the discovery process go thru, and let them see that there is nothing on my network that is in my home(apartment, neighbors use mine, and pay me for it, does that make me an ISP with safe harbor???). All the material would not be on any of my computers and the case would be pushed as "his IP, he did it." This would not fly for me, because I can prove that just because I have the outside IP, they have no proof of what "internal" IP did the downloading, so therefore, they have no case. I would use the gun analogy quite effectively, as it gets the point across. And if they do go forward with this ridiculous case, I think they will face more opposition and have to take more individuals to court than they want to, and thus, run out of money very fast.

N3OGH
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said by maartena:

Would you want to see yourself hauled off to jail because some asshat hacked into your wireless router, and used it to upload child porn? And in those cases, it is often just as bad to be ACCUSED of it via a "IP address = person" arrest, because the media is hot on these things. If you are respected professional in many occupations, even the ACCUSATION of such a thing, can ruin a man's career.

Then, it doesn't matter any more if he gets released the next day when it turns out his computer contains no traces, and his router was only protected by WEP..... and there might be reason to think it was hacked...

Can't speak for everywhere but here in PA, the IP is only good enough to get a search warrant in a case like you mention. Investigators also USUALLY initiate some sort of transfer between a suspects computer and a computer operated by the investigators before getting the search warrant.

Warrant in hand, investigators seize the computer and analyze it. Only then are charges filed. I can't think of a District Justice that would issue charges based on an IP address alone. But, your point is well made, and well taken.

An IP address is not enough to warrant this level of intrusion into someone's life. Especially with the diminished due process that comes with civil issues.

I totally disagree with the release of the IP information in this instance....
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Gflo

join:2009-06-25
Oxford, GA
Any good hacker/cracker/spammer is hidden well enough that they won't be linked in any way to the IP address.

MOWAA

join:2010-03-25
Fort Lauderdale, FL

Abolish this Antiquated system once and for all

This whole Intellectual property, Copyright and Trademark system this god forsaken world has been using is out dated and needs to be reformed into something that treats all citizens fairly, including the holders of said rights.

I don’t have the answers because I’m a radical, but I’m sure there are enough reasonable people on this world that could come up with a solution that works for all.

DavePR

join:2008-06-04
Canyon Country, CA

Slippery Slope

The whole economic system doesn't work, why stop with copyright and patents?

MOWAA

join:2010-03-25
Fort Lauderdale, FL

Re: Slippery Slope

said by DavePR:

The whole economic system doesn't work, why stop with copyright and patents?

Hey I have no issues with Trading two cows and a goat for a dvd and some shoes
LucasLee

join:2010-11-26
kudos:1

Re: Slippery Slope

said by MOWAA:

Hey I have no issues with Trading two cows and a goat for a dvd and some shoes

unfortunately, that sounds like the kinda cost the "U.S. Copyright Group" would ask for a dvd.

fifty nine

join:2002-09-25
Sussex, NJ
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said by DavePR:

The whole economic system doesn't work, why stop with copyright and patents?

You first. Feel free to give away your labor for free.

DataRiker
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1 edit

Re: Slippery Slope

said by fifty nine:

said by DavePR:

The whole economic system doesn't work, why stop with copyright and patents?

You first. Feel free to give away your labor for free.

Your labor is only worth what people HAVE to pay for it. It its easily duplicated and not scarce then too bad so sad.

If your labor was scarce nobody could simply replicate it without cost. For example, almost all medicine has a steep cost to replicate even if you know the retro-synthetic steps to produce it.

In other words, even after its been reverse engineered it still has significant cost to make.

Same goes for almost all forms of manual labor, some types of non manual labor such as research and trusted advice ( from a doctor or such )
Kearnstd
Elf Wizard
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Re: Abolish this Antiquated system once and for all

if your work is not being evolved in how its offered to me as a customer it no longer deserves to be protected.

the RIAA and MPAA buy copyright extensions because they lack creativity and as such need to milk the old cows forever using their old business models.
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EdmundGerber

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1 edit

...

This judge is clearly bought. Can we start her disbarrment proceedings now, please?

----
Judge Beryl Howell received 105,000 USD from the RIAA for lobbying work during her tenure at Stroz Friedberg LLC.
Chubbysumo

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Re: ...

does not matter, actually, because its on the books.
On another note, one could argue that the lawyers are jurisdictional shoppers, and they need to face you in your own jurisdiction, where the supposed civil infringement occurred. This will be the first challenge to this, once the extortion letters begin arriving. It would be my first move. Make them break up the case by jurisdiction, and not as a lump john doe case.
Kearnstd
Elf Wizard
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even if given a default judgement in a distant court simply refuse to pay it and appeal it in your own district. forcing them to fly their lawyers to where ever your town is. Or claim a California judge cannot rule against a resident outside their state.
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jkeelsnc

join:2008-08-22
Greensboro, NC

BS

All this does is punish honest users. Because, now we will all have to pay for the ISP to serve these requests. NO, if the studios want to do this then THEY should be paying TWC for the service. They rake in a pile of money and now they want to pass on their business expenses to someone else. What a bunch of criminal buffoons.

cwatkins

@verizon.net

Once again the U.S. Legal system is screwing its citizens

The U.S. legal system sides with corporate interest everytime.


The U.S. government is no longer of, by, and for, the people.

It is now of, by, and for, corporate interests, and whomever has the most money.

I don't even like Time Warner, but in this case they are attempting to protect their customers, and getting eaten by a bigger fish.

The RIAA and the legal system will not rest until they can charge us for every breath we take.

Welcome to the NWO.


firefox
Premium
join:2000-12-03
San Jose, CA

Re: Once again the U.S. Legal system is screwing its citizens

Are you saying it's a Fascist system?

Jokes aside, I think the arguments and points here are all good but appear more like we're getting caught up in the smoke and mirrors. Aka, we're discussing the peripheral points (how can TWC get around it, what can we do to protect ourselves, etc, etc)

The root of the problem is that the "U.S. Copyright Group" was even allowed to exist. Who would've thought that suing batches of people is a perfectly legitimate business model?

cwatkins

@verizon.net

Re: Once again the U.S. Legal system is screwing its citizens

Sadly, I was not joking.
TWC will be forced to submit.
The legal system is required to follow precedent, and the stage has already been set.
Until people become so imprisoned by these ridiculous laws, and overthrow the system, There will be no stopping this insanity.

firephoto
KDE
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Judge was RIAA Lobbyist.

TorrentFreak article on Judge Beryl Howell.

»torrentfreak.com/bittorrent-case···freak%29

quote:
Until 2009 she also held the position of Executive Managing Director and General Counsel at Stroz Friedberg, a consulting firm that specializes in the management of digital crimes.

Among other areas of expertise, Stroz Friedberg is very familiar with the technology required to hunt down file sharers. Next month the firm is hosting a lecture titled “The Power of Digital Forensics in Intellectual Property Cases” in which they explain how “specialized forensic processes” can help to find “infringing copies of protected music.”

It doesn’t take a genius to realize that Judge Howell’s former employee may directly benefit from her decision to allow the mass-infringement lawsuits to continue. And that’s not all.

In recent years Stroz Friedberg has lobbied extensively in Washington on behalf of the RIAA. This consulting job earned the company more than half a million dollars. And yes, one of the leading lobbyists on record was Beryl Howell, who was paid $415,000 between 2004 and 2008.

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MyDogHsFleas
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The First Amendment says WHAT?

quote:
She also disagreed with amicus briefs filed by several free speech groups, including the American Civil Liberties Union and Electronic Frontier Foundation. Those groups argued that the anonymity of Internet users are protected by the First Amendment, even in certain cases involving copyright infringement.

Talk about reading something into the Constitution that isn't there... wow.

jmn1207
Premium
join:2000-07-19
Ashburn, VA

Not After the P2P Users

This firm is not ultimately after each individual P2P user, although I'm sure they would auto-generate a threatening form letter to the entire list of customers associated with any IP address that might be handed over. What they are after is a precedent to be able to hold the ISP accountable. Obtaining a list of IPs is a step in this direction, for if the ISP can monitor and provide a list of potential abusers, than they should make arrangements to quell the abuse. If they can not or will not comply with this request to prevent copyright infringement, then the US Copyright Gang will go after the ISP.

The ISPs have their own team of lawyers that know this, too. They will do everything they can to keep any list from being used as ammo in a legal battle to ultimately make the ISP accountable for all online copyright abuses.

cwatkins

@verizon.net

Re: Not After the P2P Users

I Agree 100%
They may prosecute a select few if they are sure of a win.
But the real goal is to set a legal precedent.
One more step towards a policed internet.
Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ

Copyrights need to be Abolished

At least as we know them today.

the Essence of Copyright as the founding fathers saw it was to protect the creation of an artist. Today it has nothing to do with that and everything to do with milking old work until the end of time. its why corporations keep getting it extended. We need a hardlocked 12 year limit on copyrights just like there is with drugs patents.

However id also modify public domain, so that for corporate use media always has to have a royalty paid. so that for example if I used a tune in a video after its 12yrs where up nothing could be done. but if Fox wanted to use it in a TV show or Film they would have to pay since their only motive with their product containing the tune is profit.
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Overcast

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Logs?

Time Warner should copyright their logs. Then Profit $$$$
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Gee...

If people stop sending ANY money to these corporations then no one would have the money to fund these operations. Just like the RIAA - if you stop doing business totally with all record labels the RIAA ceases to exist. If you stop doing business with the cable operator because of caps they either take the caps away or go out of business and get their assets sold off. Taking any major corporation down in America is easy because they're all deeply into debt and if the income cuts off the power of their respective organizations do as well.

ShootToThril
Tell The Truth
Premium
join:2004-06-07
Sherman Oaks, CA

It ain't just a simlle IP lookup....

Take into consideration that the IP address is not enough, since most cable customers are on a dynamic IP tracing it means matching the request during the time and date the alleged offense was made..... so it could take a little bit of time matching all the factors together.

i still don't understand why isn't there a law that forces the AA's to provide proof by matching IP and Mac addresses, it would only mean a lot less false positives and if someone was hacking your Wi-Fi then it will show that your Mac address is no match therefore no proof.

Selenia
I love Debian
Premium
join:2006-09-22
Lanesboro, MA
kudos:2

Re: It ain't just a simlle IP lookup....

MAC address is at the link layer. Not only easily spoofed/altered, but the only MAC address your ISP sees is that of your router. Likewise, only your router will see the computer MAC addresses.

David
Now accepting new patients
Premium,VIP
join:2002-05-30
Granite City, IL
kudos:70

why use p2p anymore?

if you really want music either use bit-torrent with a VPN connection outside the united states, Stationripper, or Atube catcher.

I find stationripper and atube catcher work 95% of the time for what I need.

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