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manfmmd
Premium Member
join:2003-01-14
Earth, TX

manfmmd to Thaler

Premium Member

to Thaler

Re: EFF - Encouraging Fraudulent Filesharing

So here we go.

IP Address
Timestamp
Owner of internet account

Game, Set, Match.
81399672 (banned)
join:2006-05-17
Los Angeles, CA

81399672 (banned)

Member

said by manfmmd:

So here we go.

IP Address
Timestamp
Owner of internet account

Game, Set, Match.
IP Address-proves that someone from that account was using the connection
time stamp-proves what time that ip was using the connection
owner of internet account-proves who the ip "belongs" to, that still doesn't prove who is performing this "download"

Thaler
Premium Member
join:2004-02-02
Los Angeles, CA

Thaler to manfmmd

Premium Member

to manfmmd
said by manfmmd:

So here we go.

IP Address
Timestamp
Owner of internet account

Game, Set, Match.
And by this logic, I could sue an apartment complex for something one of the tenants did. I'm sorry, but suing an account is impossible. You can sue the owner of the account, but then you will need to make your case that it was indeed the owner that performed the crime.

Kinda hard to prove when you just have an IP and a timestamp.

Midak
Doctors suck
Premium Member
join:2002-02-26
Stormville, NY

Midak to 81399672

Premium Member

to 81399672
said by 81399672:

said by manfmmd:

So here we go.

IP Address
Timestamp
Owner of internet account

Game, Set, Match.
IP Address-proves that someone from that account was using the connection
time stamp-proves what time that ip was using the connection
owner of internet account-proves who the ip "belongs" to, that still doesn't prove who is performing this "download"
Worldvision FTW!
Midak

Midak to Thaler

Premium Member

to Thaler
said by Thaler:

said by manfmmd:

So here we go.

IP Address
Timestamp
Owner of internet account

Game, Set, Match.
And by this logic, I could sue an apartment complex for something one of the tenants did. I'm sorry, but suing an account is impossible. You can sue the owner of the account, but then you will need to make your case that it was indeed the owner that performed the crime.

Kinda hard to prove when you just have an IP and a timestamp.
Now that is not 100% true. Unlike criminal court, in most all civil courts, the defendant does need to respond and deny all accusations or else the plaintiff could easily end up with a default judgment. Simply put, they tell the judge that the IP in question is yours and your IP was sharing copyrighted works. Now, if you fail to respond to this complaint stating you did not do this and request proof that this act of copyright infringement was committed by you, you lose. You can then enjoy wonderful things like wage garnishments, bank attachments and property liens.

Thaler
Premium Member
join:2004-02-02
Los Angeles, CA

Thaler

Premium Member

said by Midak:

Unlike criminal court, in most all civil courts, the defendant does need to respond and deny all accusations or else the plaintiff could easily end up with a default judgment.
True. In a criminal court, you have the freedom to choose to not show up, and just get the book thrown at you...but that's kinda foolish when you stand accused of something that'll make you lose your shirt. Should it actually go to court, however, all one needs is to remove the ground that the charges plant themselves on (ie. who was the downloader?), and pray that your jury's not retarded.
81399672 (banned)
join:2006-05-17
Los Angeles, CA

81399672 (banned) to Midak

Member

to Midak
said by Midak:

said by Thaler:

said by manfmmd:

So here we go.

IP Address
Timestamp
Owner of internet account

Game, Set, Match.
And by this logic, I could sue an apartment complex for something one of the tenants did. I'm sorry, but suing an account is impossible. You can sue the owner of the account, but then you will need to make your case that it was indeed the owner that performed the crime.

Kinda hard to prove when you just have an IP and a timestamp.
Now that is not 100% true. Unlike criminal court, in most all civil courts, the defendant does need to respond and deny all accusations or else the plaintiff could easily end up with a default judgment. Simply put, they tell the judge that the IP in question is yours and your IP was sharing copyrighted works. Now, if you fail to respond to this complaint stating you did not do this and request proof that this act of copyright infringement was committed by you, you lose. You can then enjoy wonderful things like wage garnishments, bank attachments and property liens.
You over simplifying everything. Yes RIAA can request summary judgement against you if you do not reply but most judges will not grand one when we are talking about thousand of dollars. You still need to show the court "judge" that you have the evidence who was doing it. Just because that person is ip account holder doesn't mean that person is responsible. Preponderance of the evidence means more likely then not, having just ip, time stamp and account holder doesn't rich that level that is needed.