If you can read this, either the style sheet didn't load or you have an older browser that doesn't support style sheets. Try clearing your browser cache and refreshing the page.

(Patch.com) Scary Comcast, Verizon ordered to disclose over 100 customer records of people who illegally downloaded pornographic movies back in---hang on, someone's at the door   (pikesville.patch.com) divider line 84
More: Scary, Comcast, Verizon, intelligent design, Internet Protocol, Towson, greenbelts, United States District Court, Napster  
•       •       •

8454 clicks; posted to Geek » on 25 Oct 2011 at 1:06 PM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»   |    Get this fabulous T-Shirt and impress the methane out of your friends! shirt it!



84 Comments   (+0 »)
   

First | « | 1 | 2 | » | Last | Show all
 
2011-10-25 11:02:35 AM
IP addresses are not people. You cannot take an IP address to court. Cases are thrown out all the time when this is brought up.
 
2011-10-25 11:59:00 AM
Walker: IP addresses are not people. You cannot take an IP address to court. Cases are thrown out all the time when this is brought up.

That is why the company voluntarily dropped the case against the guy who lawyered up.
 
2011-10-25 12:26:44 PM
Walker: IP addresses are not people. You cannot take an IP address to court. Cases are thrown out all the time when this is brought up.

what he said
 
2011-10-25 01:12:46 PM
I'd just have my router (or a spare one) set up to run WEP. Act clueless in court and make sure my lawyer mentions how you can breach WEP in under 5 minutes these days. At that point be like "prove it was me and not those evil Anonymous kids who hacked me!".
 
2011-10-25 01:14:47 PM
Walker: IP addresses are not people. You cannot take an IP address to court. Cases are thrown out all the time when this is brought up.

100% agreement. Also ... who in the fark downloads pr0n? Hint: the Youtube video model works well for many different "types" of videos".

/coy enough?
 
2011-10-25 01:14:58 PM
cameroncrazy1984: Walker: IP addresses are not people. You cannot take an IP address to court. Cases are thrown out all the time when this is brought up.

That is why the company voluntarily dropped the case against the guy who lawyered up.


Which is a lesson most people should take to heart. If all they got is an IP address doing something wrong, throw a lawyer at them.
 
2011-10-25 01:17:13 PM
hey neat this is my state. and hey, that's my city.

thank god i'm not an ass man.

an ILLEGAL ass man.
 
2011-10-25 01:20:07 PM
Azmodan Kijur: Walker: IP addresses are not people. You cannot take an IP address to court. Cases are thrown out all the time when this is brought up.

100% agreement. Also ... who in the fark downloads pr0n? Hint: the Youtube video model works well for many different "types" of videos".

/coy enough?


This. If you're still downloading pr0n the old fashioned way, you are waaaaaay behind the times and deserve to be caught.
 
2011-10-25 01:21:04 PM
So, it's still just folks downloading and distributing porn over bittorrent, right?
 
2011-10-25 01:29:33 PM
steve_wmn: So, it's still just folks downloading and distributing porn over bittorrent, right?

Apparently...
 
2011-10-25 01:35:37 PM
ha-ha-guy: I'd just have my router (or a spare one) set up to run WEP. Act clueless in court and make sure my lawyer mentions how you can breach WEP in under 5 minutes these days. At that point be like "prove it was me and not those evil Anonymous kids who hacked me!".

Apparently you've never been to a courtroom. I'm guessing you're a kid.

judges and juries don't find negligence to be a defense. Might work with mom, and possibly even at work; but not in a federal court.
 
2011-10-25 01:42:28 PM
Azmodan Kijur: Walker: IP addresses are not people. You cannot take an IP address to court. Cases are thrown out all the time when this is brought up.

100% agreement. Also ... who in the fark downloads pr0n? Hint: the Youtube video model works well for many different "types" of videos".

/coy enough?


pornbay.org (nsfw, duh). 2 reasons why you'd download: much, much better selection than redtube/tubegalore/xtube/whatever and 1080p quality.
 
2011-10-25 01:44:31 PM
Walker: IP addresses are not people. You cannot take an IP address to court. Cases are thrown out all the time when this is brought up.

Actually, you can - that was one case.and was certainly not at the SCOTUS level.

You and many other people like to be whiny little biatches when it comes to copyright but the fact of the matter is that people are being ripped off. Your argument that you never would have bought or rented that porn movie anyway is total bullshiat.

Way back when - back in the '80s - would you have defended a video rental store that copied 99% of its movies?
 
2011-10-25 01:44:45 PM
also to round out a collection of a particular actress's body of work.
 
2011-10-25 01:44:51 PM
TyrantII: Apparently you've never been to a courtroom. I'm guessing you're a kid.

judges and juries don't find negligence to be a defense. Might work with mom, and possibly even at work; but not in a federal court.


I'm guessing you don't know what you're talking about. Look at previous case examples - dismissals and discontinuation because of enough reasonable doubt over who was using the Internet connection.
 
2011-10-25 01:50:48 PM
what i like most about this is that the initial headline that was submitted said "hang on, someone's at subby's door"

and they changed it.

weird.

green's a green.

/subby
 
2011-10-25 02:03:01 PM
I can't imagine they would have downloaded if they knew how illegal that ass actually was.
 
2011-10-25 02:13:20 PM
Old story, this has been going on for a couple years. They file, issue subpoenas, ISPs turn over identifying information. Sometimes the cases get tossed, other times they don't. Sometimes they get tossed after some people already have their identifying information released. If informational is released before a case is tossed, then the plaintiff's start sending demand letters and threatening a personal lawsuit in the proper jurisdiction. Fighting it is an option, and one I'd like to see people take, but it just doesn't make sense to spend $10k (actual litigation costs probably much higher) to fight something and win if you can just settle it for $2k. That's the business model, price settlement low enough where it doesn't make economic sense to fight.
 
2011-10-25 02:17:21 PM
TyrantII: ha-ha-guy: I'd just have my router (or a spare one) set up to run WEP. Act clueless in court and make sure my lawyer mentions how you can breach WEP in under 5 minutes these days. At that point be like "prove it was me and not those evil Anonymous kids who hacked me!".

Apparently you've never been to a courtroom. I'm guessing you're a kid.

judges and juries don't find negligence to be a defense. Might work with mom, and possibly even at work; but not in a federal court.


How is it a crime if someone illegally uses something that is yours for a crime?

Further, is it really negligence if your router is WEP secured? Verizon FIOS uses WEP by default, so anyone who has not gone ahead and changed their settings after it was installed could, in your opinion, be guilty of negligence if someone used their internet connection for a crime.

Is it my fault if someone steals my car and commits a hit and run? What about if I didn't lock it, but took my keys with me? Or what if it is locked, but I didn't enable a car alarm that locks up the engine when activated?

Or what if someone breaks into a locked home, steals a gun and kills someone with it? Is the gun owner at fault (presuming he didn't know about the theft)?

Locks are only truly effective at keeping honest people honest. If someone really wants in, there are plenty of ways to get in. Its doubly so with wifi encryption. If you have an unsecured wifi connection, I might be inclined to agree, but even that is pushing it.
 
2011-10-25 02:21:20 PM
Happy Hours: Walker: IP addresses are not people. You cannot take an IP address to court. Cases are thrown out all the time when this is brought up.

Actually, you can - that was one case.and was certainly not at the SCOTUS level.

You and many other people like to be whiny little biatches when it comes to copyright but the fact of the matter is that people are being ripped off. Your argument that you never would have bought or rented that porn movie anyway is total bullshiat.

Way back when - back in the '80s - would you have defended a video rental store that copied 99% of its movies?


Rental stores are out to make a profit, but I'm sure there was some kind of point somewhere in there.
 
2011-10-25 02:36:19 PM
RivenSilver: Azmodan Kijur: Walker: IP addresses are not people. You cannot take an IP address to court. Cases are thrown out all the time when this is brought up.

100% agreement. Also ... who in the fark downloads pr0n? Hint: the Youtube video model works well for many different "types" of videos".

/coy enough?

pornbay.org (nsfw, duh). 2 reasons why you'd download: much, much better selection than redtube/tubegalore/xtube/whatever and 1080p quality.


Thanks, I'll be back in a few days.
 
2011-10-25 02:38:50 PM
KiwDaWabbit: Happy Hours: Walker: IP addresses are not people. You cannot take an IP address to court. Cases are thrown out all the time when this is brought up.

Actually, you can - that was one case.and was certainly not at the SCOTUS level.

You and many other people like to be whiny little biatches when it comes to copyright but the fact of the matter is that people are being ripped off. Your argument that you never would have bought or rented that porn movie anyway is total bullshiat.

Way back when - back in the '80s - would you have defended a video rental store that copied 99% of its movies?

Rental stores are out to make a profit, but I'm sure there was some kind of point somewhere in there.


There was; it's still theft. But please don't demonoid me.
 
2011-10-25 02:40:49 PM
Happy Hours: Your argument that you never would have bought or rented that porn movie anyway is total bullshiat.

Um . . . am I missing where Walker made that argument?
 
2011-10-25 02:42:25 PM
blindpreacher: TyrantII: Apparently you've never been to a courtroom. I'm guessing you're a kid.

judges and juries don't find negligence to be a defense. Might work with mom, and possibly even at work; but not in a federal court.

I'm guessing you don't know what you're talking about. Look at previous case examples - dismissals and discontinuation because of enough reasonable doubt over who was using the Internet connection.


Thanks for covering that.
 
2011-10-25 02:52:02 PM
blahpers: Happy Hours: Your argument that you never would have bought or rented that porn movie anyway is total bullshiat.

Um . . . am I missing where Walker made that argument?


It was an inferred argument - not to be confused with implied. you're right. Walker didn't make that argument. It was purely made up on my own.

But nonetheless I bet a lot of people were thinking it.

The RIAA is greedy and copyright laws are farked up but some people (not necessarily Walker) take that as a license to copy everything they can get their hands on and use flimsy excuses to justify it in their own minds.
 
2011-10-25 02:53:29 PM
Tip: Don't take legal advice found in fark comments. Pleading ignorance if you actually did it is unlikely to work once they have your name.
 
2011-10-25 02:59:47 PM
Happy Hours: blahpers: Happy Hours: Your argument that you never would have bought or rented that porn movie anyway is total bullshiat.

Um . . . am I missing where Walker made that argument?

It was an inferred argument - not to be confused with implied. you're right. Walker didn't make that argument. It was purely made up on my own.

But nonetheless I bet a lot of people were thinking it.


"You didn't say it, but I just know people were thinking it, so I wanted to pre-emptively argue about it, directed at you!"
 
2011-10-25 03:03:18 PM
Good thing I don't live in Maryland anymore...
 
2011-10-25 03:09:19 PM
TyrantII: judges and juries don't find negligence to be a defense. Might work with mom, and possibly even at work; but not in a federal court.

How is that negligent? It's a form of security that only a tiny portion of the population is capable of circumventing. Yes, I know how easy it is, and I know that the overwhelming majority of people would hopelessly fail in following simple instructions on how to do it. It is security, and it's effective against almost all outsiders. The fact that someone with a small amount of specialized knowledge can get into it like (insert appropriate analogy based on ease of access to your mother's nether regions) doesn't make it negligence. If it did, we might as well shut down all wifi, since any system can be penetrated by a person with sufficiently specialized knowledge and resources.
 
2011-10-25 03:09:27 PM
First: I AM NOT A LAWYER.

One of these copyright trolls requested my info from Comcast, said I'd been downloading a porn movie owned by a client of theirs (I hadn't). But after a day's worth of research and reading other successful motions, I wrote a motion of my own. It stipulated:

-- The court where the suit was filed was not the proper Federal District Court to try me: it's not my home court,
-- An IP address is not a reliable means of identifying a user or assigning guilt, for router, cracking, and spoofing reasons, and because many people have access to the account (both legally and possibly illegally, I have no way of knowing) that's in my name,
-- The claim only alleges my IP address was present for one second, which is not enough time to have downloaded or shared any usable portion of a video. They say it was in the torrent swarm but made no claims as to data transfer,
-- It is improper to join John Does together into a single motion as each can act independently of one another, and in fact in my case named 26 Does spread out over something like 31 days. There's no evidence any of us would have or could have acted in concert with one another.

The first and last points are key. If you get a subpoena request, see where the court is. If you are not in its jurisdiction, send in a motion saying it's an Improper Venue. Boom, you're dismissed. Second, an "Improper Joinder" ruling means the plaintiff would have to re-file each suit separately. They WILL NOT do this because each one is $350. They don't care about the suit in the first place, they just want your address from your ISP so they can harass and scare you into a settlement. Mention that at the end of your motion, that the Plaintiff knows these suits are faulty, and is abusing the Discovery process to further their own financial interests: several Federal judges have brought down the fury on that point.

Seriously, if you get a notice from your ISP, google for motions related to Improper Joiner and the venue part. My motion, a glorious, well-written 12-pager with about 40 related cases cited, got the Does in my suit severed and the original dismissed. Many of the cases I cited were where the same Plaintiff did the same nonsense, and got lit up for it -- nothing like reminding the judge that other judges have cautioned them against this crap before. Does Fark have a PM thing? PM me if you want a copy. Not saying it will work, but it did for me.

And file everything as "John Doe." If you use your real name you've wasted your time and done the plaintiff's work for them.
 
2011-10-25 03:10:42 PM
FitzShivering: "You didn't say it, but I just know people were thinking it, so I wanted to pre-emptively argue about it, directed at you!"

You don't know that! Maybe they've actually created that elusive technology that allows the reading of minds over standard TCP/IP.
 
2011-10-25 03:12:25 PM
Happy Hours: blahpers: Happy Hours: Your argument that you never would have bought or rented that porn movie anyway is total bullshiat.

Um . . . am I missing where Walker made that argument?

It was an inferred argument - not to be confused with implied. you're right. Walker didn't make that argument. It was purely made up on my own.

But nonetheless I bet a lot of people were thinking it.

The RIAA is greedy and copyright laws are farked up but some people (not necessarily Walker) take that as a license to copy everything they can get their hands on and use flimsy excuses to justify it in their own minds.


That's a reasonable observation. Just didn't think it'd be fair for Walker to get caught in the crossfire unless/until that excuse was made.

We now return to our regularly scheduled legal wankfest.

/ HA! HA!
// It's funny because this thread involves pornography!
 
2011-10-25 03:12:33 PM
Patrick Collins Inc. filed its case in June against 22 "John Does" it alleges illegally downloaded a film called "Cuties 2." Third Degree Films filed its case last week against 118 "John Does" who it claims downloaded "Illegal Ass 2." It is also asking a federal judge to order Comcast, Verizon and other Internet service providers to identify the accused customers.

Shouldn't he be arrested for either false advertising or child pornography?
 
2011-10-25 03:23:58 PM
MoronLessOff: RivenSilver: Azmodan Kijur: Walker: IP addresses are not people. You cannot take an IP address to court. Cases are thrown out all the time when this is brought up.

100% agreement. Also ... who in the fark downloads pr0n? Hint: the Youtube video model works well for many different "types" of videos".

/coy enough?

pornbay.org (nsfw, duh). 2 reasons why you'd download: much, much better selection than redtube/tubegalore/xtube/whatever and 1080p quality.

Thanks, I'll be back in a few days.



A few days? Amateur. I've been looking for a reason to use my vacation time.
 
2011-10-25 03:32:02 PM
Scrotastic Method: Does Fark have a PM thing? PM me if you want a copy. Not saying it will work, but it did for me.

You've got me interested, I'd like to read what you put together. EIP, shoot me a copy if you have a chance.

/I don't need it
//just curious
 
2011-10-25 03:39:40 PM
Ponzholio: Patrick Collins Inc. filed its case in June against 22 "John Does" it alleges illegally downloaded a film called "Cuties 2." Third Degree Films filed its case last week against 118 "John Does" who it claims downloaded "Illegal Ass 2." It is also asking a federal judge to order Comcast, Verizon and other Internet service providers to identify the accused customers.


Headline should have read "--- hang on, someone's at subby's backdoor"


/i amuse myself
 
2011-10-25 03:44:07 PM
Scrotastic Method: Does Fark have a PM thing? PM me if you want a copy. Not saying it will work, but it did for me.

And file everything as "John Doe." If you use your real name you've wasted your time and done the plaintiff's work for them.


Fark does not have a PM mechanism, but my email is in my profile (EIP).

/this request for information is not an admission of guilt.
//the information being requested is to be used for research purposes only.
///an informed citizen is a good citizen.
 
2011-10-25 03:46:17 PM
Ponzholio: Patrick Collins Inc. filed its case in June against 22 "John Does" it alleges illegally downloaded a film called "Cuties 2." Third Degree Films filed its case last week against 118 "John Does" who it claims downloaded "Illegal Ass 2." It is also asking a federal judge to order Comcast, Verizon and other Internet service providers to identify the accused customers.

Shouldn't he be arrested for either false advertising or child pornography?


Naah, all the performers on the donkeys were adults.
 
2011-10-25 03:46:50 PM
Awesome...its an "Everybody's a Lawyer" thread.
 
2011-10-25 03:48:45 PM
Scrotastic Method: First: I AM NOT A LAWYER.

One of these copyright trolls requested my info from Comcast, said I'd been downloading a porn movie owned by a client of theirs (I hadn't). But after a day's worth of research and reading other successful motions, I wrote a motion of my own. It stipulated:

-- The court where the suit was filed was not the proper Federal District Court to try me: it's not my home court,
-- An IP address is not a reliable means of identifying a user or assigning guilt, for router, cracking, and spoofing reasons, and because many people have access to the account (both legally and possibly illegally, I have no way of knowing) that's in my name,
-- The claim only alleges my IP address was present for one second, which is not enough time to have downloaded or shared any usable portion of a video. They say it was in the torrent swarm but made no claims as to data transfer,
-- It is improper to join John Does together into a single motion as each can act independently of one another, and in fact in my case named 26 Does spread out over something like 31 days. There's no evidence any of us would have or could have acted in concert with one another.

The first and last points are key. If you get a subpoena request, see where the court is. If you are not in its jurisdiction, send in a motion saying it's an Improper Venue. Boom, you're dismissed. Second, an "Improper Joinder" ruling means the plaintiff would have to re-file each suit separately. They WILL NOT do this because each one is $350. They don't care about the suit in the first place, they just want your address from your ISP so they can harass and scare you into a settlement. Mention that at the end of your motion, that the Plaintiff knows these suits are faulty, and is abusing the Discovery process to further their own financial interests: several Federal judges have brought down the fury on that point.

Seriously, if you get a notice from your ISP, google for motions related to Improper Joiner and the venue part. My motion, a glorious, well-written 12-pager with about 40 related cases cited, got the Does in my suit severed and the original dismissed. Many of the cases I cited were where the same Plaintiff did the same nonsense, and got lit up for it -- nothing like reminding the judge that other judges have cautioned them against this crap before. Does Fark have a PM thing? PM me if you want a copy. Not saying it will work, but it did for me.

And file everything as "John Doe." If you use your real name you've wasted your time and done the plaintiff's work for them.



EIP. That would useful to have.
 
2011-10-25 03:48:49 PM
Damn, is Illegal Ass 2 the one with Sasha Grey in it?
 
2011-10-25 03:52:53 PM
MoronLessOff: RivenSilver: Azmodan Kijur: Walker: IP addresses are not people. You cannot take an IP address to court. Cases are thrown out all the time when this is brought up.

100% agreement. Also ... who in the fark downloads pr0n? Hint: the Youtube video model works well for many different "types" of videos".

/coy enough?

pornbay.org (nsfw, duh). 2 reasons why you'd download: much, much better selection than redtube/tubegalore/xtube/whatever and 1080p quality.

Thanks, I'll be back in a few days.


Check out cheggit.net. I think they are accepting new accounts at the moment.
 
2011-10-25 03:57:15 PM
Johnstarr: Damn, is Illegal Ass 2 the one with Sasha Grey in it?

Yeah. It's a great scene.
 
2011-10-25 04:05:10 PM
Smiths: what i like most about this is that the initial headline that was submitted said "hang on, someone's at subby's door"

and they changed it.

weird.

green's a green.

/subby


/signed...Epstein's mother
 
2011-10-25 04:24:31 PM
Scrotastic Method: First: I AM NOT A LAWYER.

One of these copyright trolls requested my info from Comcast, said I'd been downloading a porn movie owned by a client of theirs (I hadn't). But after a day's worth of research and reading other successful motions, I wrote a motion of my own. It stipulated:

-- The court where the suit was filed was not the proper Federal District Court to try me: it's not my home court,
-- An IP address is not a reliable means of identifying a user or assigning guilt, for router, cracking, and spoofing reasons, and because many people have access to the account (both legally and possibly illegally, I have no way of knowing) that's in my name,
-- The claim only alleges my IP address was present for one second, which is not enough time to have downloaded or shared any usable portion of a video. They say it was in the torrent swarm but made no claims as to data transfer,
-- It is improper to join John Does together into a single motion as each can act independently of one another, and in fact in my case named 26 Does spread out over something like 31 days. There's no evidence any of us would have or could have acted in concert with one another.

The first and last points are key. If you get a subpoena request, see where the court is. If you are not in its jurisdiction, send in a motion saying it's an Improper Venue. Boom, you're dismissed. Second, an "Improper Joinder" ruling means the plaintiff would have to re-file each suit separately. They WILL NOT do this because each one is $350. They don't care about the suit in the first place, they just want your address from your ISP so they can harass and scare you into a settlement. Mention that at the end of your motion, that the Plaintiff knows these suits are faulty, and is abusing the Discovery process to further their own financial interests: several Federal judges have brought down the fury on that point.

Seriously, if you get a notice from your ISP, google for motions related to Improper Joiner and the venue part. My motion, a glorious, well-written 12-pager with about 40 related cases cited, got the Does in my suit severed and the original dismissed. Many of the cases I cited were where the same Plaintiff did the same nonsense, and got lit up for it -- nothing like reminding the judge that other judges have cautioned them against this crap before. Does Fark have a PM thing? PM me if you want a copy. Not saying it will work, but it did for me.

And file everything as "John Doe." If you use your real name you've wasted your time and done the plaintiff's work for them.


EIP here, since Comcast has been sending these out left and right around these parts. They haven't acted yet but are doing the "you are bad" scare mails.

So I figure these guys' requests will be around the corner.
 
2011-10-25 04:26:33 PM
I'll try to email the motion I wrote later tonight. I'll make a fake gmail, something like "anonymous.farker.69 at gmail" or something. I just don't have access to anything anonymous while I'm at work. Anyone else that asks for it, just make sure you're EIP'd as well. I don't plan on BC'ing everyone since gmail sometimes filters that as Spam...and listing your email on your Fark profile isn't particularly private anyway.

What I wrote was just kind of a "greatest hits" motion that culled various successful statements from other motions that had worked in the past. Lots of quotations and releavant case law as well, but nowhere near all of it.

Anyway, I can probably get it out in like 7-10 hours.
 
2011-10-25 04:29:42 PM
Scrotastic Method: I just don't have access to anything anonymous while I'm at work. Anyone else that asks for it, just make sure you're EIP'd as well. I don't plan on BC'ing everyone since gmail sometimes filters that as Spam...and listing your email on your Fark profile isn't particularly private anyway.

www.spamgourmet.com (new window)

Best thing ever
 
2011-10-25 04:32:57 PM
Scrotastic Method: First: I AM NOT A LAWYER

You may not be a lawyer, but you play a great one on FARK. EIP. Please send it, great information!
 
2011-10-25 04:33:36 PM
Smiths: So I figure these guys' requests will be around the corner.

Yea, a good "just in case". EIP.
 
2011-10-25 04:47:24 PM
23FPB23: Awesome...its an "Everybody's a Lawyer" thread.

Scrotastic Method: First: I AM NOT A LAWYER.

Motion to dismiss 23FPB23's claim carried. Case dismissed.
 
Displayed 50 of 84 comments

First | « | 1 | 2 | » | Last | Show all


This thread is closed to new comments.

Continue Farking
Submit a Link »