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P2P Litigation Crippled In DC District Court Ruling

Posted by timothy on from the civil-procedure dept.

An anonymous reader writes "In a stunning defeat for the US Copyright Group, DC District Court Judge Rosemary Collyer is forcing copyright holders to sue only those over whom the DC court has personal jurisdiction. The USCG has sued in the DC court more than 4,500 people on behalf of a German producer that created the Far Cry movie. But the Judge is having none of that; in her ruling [Friday], Judge Collyer stated that only those who are in the DC court's jurisdiction can be sued — shrinking what could have been a windfall of defendant's cash to perhaps a mere trickle."

91 of 114 comments (clear)

  1. Conflict of interest by Anonymous Coward · · Score: 5, Funny

    The USCG has sued over 4,500 people on behalf of a German producer that created the Far Cry movie in the DC court.

    I don't see how the judge can be impartial if he let them make the movie in his court.

    1. Re:Conflict of interest by ozbird · · Score: 2, Insightful

      DC District Court Judge Rosemary Collyer is a he?

    2. Re:Conflict of interest by RoboRay · · Score: 2, Funny

      And why is the Coast Guard even involved in this?

    3. Re:Conflict of interest by Anonymous Coward · · Score: 2, Funny

      Mrs. White: He didn't seem to like me very much. He had threatened to kill me in public.
      Miss Scarlet: Why would he want to kill you in public?
      Wadsworth: I think she means he threatened, in public, to kill her.
      Miss Scarlet: Oh.

  2. Re:End of the world! by flyneye · · Score: 5, Insightful

    I want that woman considered for the next Supreme vacancy!

    --
    *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
  3. Now if only they ask for proof. by cenobyte40k · · Score: 4, Insightful

    Good the next step would be for the judge to follow the rule of law and force them to prove that the movie was downloaded, and that the person they are suing is the one that downloaded it. I have yet to see a court case where they proved that well enough for me to ever have said guilty.

    1. Re:Now if only they ask for proof. by demonlapin · · Score: 5, Informative

      Civil, not criminal. Preponderance of evidence - IOW, "more likely than not" - is the standard.

    2. Re:Now if only they ask for proof. by ep32g79 · · Score: 1

      and force them to prove that the movie was downloaded,

      Well, according to the complaint filed by ACHTE/NEUNTE they allege that "...each Defendant, without the permission or consent of the Plaintiff, has used, and continues to use, an online media distribution system to distribute to the public, including by making available for distribution to others, the Copyrighted Motion Picture."

      They are not simply complaining that people are downloading their material, but actively distributing it too.

    3. Re:Now if only they ask for proof. by dcavanaugh · · Score: 1

      I understand the standards of proof are lower in civil court, but even those standards are not being met in my opinion. Then again, I know about things like assuming a static IP address on a DHCP network, routers with a tendency to spontaneously reset to factory default that includes open Wifi, etc.

      It would be interesting to see what happens to a defendant who drives all over town, downloads 100 files from various open networks, walks into court, and says, "Before you get too excited about the plaintiff's evidence against me, I just downloaded 100 files from other people's networks all over town. How should THEIR cases be handled, and what makes you so sure that such actions are not a factor in THIS case?"

    4. Re:Now if only they ask for proof. by cenobyte40k · · Score: 2, Interesting

      I understand that civil court does not have the same strict rules about how clear cut the case must be, but I have yet to see a case where the evidence didn't just show that it might be that IP, which might have been used by this address, which is primarily used by X person but likely many others and then is most cases fail to show me that the files in question where actually the data they say it was. (IE just because the file is called meninblack.mkv does not mean it's the movie Men in Black) I admit I am not a lawyer and that i have not read all the cases, but of the ones I have, have yet to see it any real evidence at all (Mostly just very poor understanding of the technology used the the advantage of lawyers to extort money)

    5. Re:Now if only they ask for proof. by demonlapin · · Score: 1

      If meninblack.mkv isn't the movie, then walk into court with your laptop, show them that the file is exactly the same size as the one in the suit, and play your home recording of ninjas. The courts do not care that the evidence does not meet forensic standard. It doesn't have to.

    6. Re:Now if only they ask for proof. by ultranova · · Score: 1

      Civil, not criminal. Preponderance of evidence - IOW, "more likely than not" - is the standard.

      The question is: why? They are accusing you of breaking the law. They are demanding a huge punishment: debt slavery for the rest of your life. Why is this treated similar to a contract dispute? Is there any reason to make this a "civil law" case besides the copyright lobby being able to blackmail you more efficiently?

      Oh well. I guess the "rule of law" is a quaint, antiquated notion. I kinda wish they stopped pretending and just admitted that might makes right in a court of law.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    7. Re:Now if only they ask for proof. by demonlapin · · Score: 1

      routers with a tendency to spontaneously reset to factory default that includes open Wifi

      Do you really think that's more likely than the defendant just stealing some music?

      It would be interesting to see what happens to a defendant

      Not really; he'd get reamed. Judges have nearly unlimited power within their own courtrooms. You'd find that the trial started turning against you, rapidly, if you pulled that kind of stunt.

    8. Re:Now if only they ask for proof. by demonlapin · · Score: 1

      Protip: If you want to avoid blackmail, avoiding doing overtly illegal things is probably a good place to start. Especially overtly illegal things that have enormous civil penalties.

    9. Re:Now if only they ask for proof. by hedwards · · Score: 1

      Actually, that's not a bad idea. One of the problems previously was that they weren't downloading, they were just looking and submitting screenshots. If you did that you should be able to get that evidence tossed or at least greatly reduce the credibility of the "expert" witless that's using it as evidence.

      Just as long as your careful in how you do it to not run afoul of the rules of evidence when doing it. But demanding the witness explain how they know that the file is or isn't the one they saw is definitely legitimate.

    10. Re:Now if only they ask for proof. by hedwards · · Score: 1

      Indeed, but in this case it doesn't make much of a difference because the RIAA companies have been filing suits against people, even knowing them to not be the correct party and refusing to investigate cases where the screen name and IP address might belong to somebody else.

    11. Re:Now if only they ask for proof. by hedwards · · Score: 1

      But the making available theory was set aside years ago as not representing infringement. They would have to prove that not only did the defendants make it available, but that somebody without the authority to download it did. Which they haven't been able to do as their investigators are authorized to download such materials in the process of investigating.

      Plus, there's the issue of jurisdiction and joining together John Does that aren't related in any meaningful way other than that they are alleged to have committed the same violation of copyright law.

    12. Re:Now if only they ask for proof. by VortexCortex · · Score: 2, Insightful

      Protip: If you want to avoid blackmail, avoiding doing overtly illegal things is probably a good place to start. Especially overtly illegal things that have enormous civil penalties.

      Overtly illegal? Like operating a bit-torrent tracker, or downloading from peers connected to said trackers?

      MediaDefender mistakenly attacked Revision3's legitimate bit-torrent tracker.

      It's not "avoid doing overtly illegal things", but instead, "avoid using technology that big corporations don't like, and the courts and juries don't understand".

      You can use the defense: Guns aren't only used to kill people, just because I have a pistol doesn't mean I kill people; It's a much easier defense than: Torrents aren't only used to download content illegally, just because I use torrents doesn't mean I commit copyright infringement.

      You can use the defense: The bank-robbers asked me for directions to the bank, they didn't look like bad people to me so I gave them directions. It's not my fault the bank got robbed, I didn't help rob a bank!
      A much more difficult defense: We only tell downloaders where the content is, we can't tell by IP if it's illegal for them to download the content, we assume they are innocent unless proven guilty. It's not my fault someone else committed copyright infringement, we don't actually help them copy the data!

      Judges and jurors understand guns and maps; They don't understand torrents, trackers, transient IP addresses, etc.

      Proof is only valuable to those who understand the nature of the evidence.

      Education is the answer. I would like Judges and Jurors to have to take a quick quiz on the basic technology in use in these types of trials. Fail the test, you're not qualified to make a judgment.

    13. Re:Now if only they ask for proof. by Ccomp5950 · · Score: 1

      Do you really think that's more likely than the defendant just stealing some music?

      Actually someone coming up and getting on your wifi and downloading music is much more likely than you breaking into a major label's office and making a copy of the source files for the song, deleting them behind you.

      Or perhaps you meant to say "More likely than the defendant just committing copyright infringement" Theft has a definition, it is not synonymous with copyright infringement.

    14. Re:Now if only they ask for proof. by Jah-Wren+Ryel · · Score: 1

      Education is the answer. I would like Judges and Jurors to have to take a quick quiz on the basic technology in use in these types of trials. Fail the test, you're not qualified to make a judgment.

      That's just moving the problem of ignorance to some other entity.
      Chances are the MAFIAA would end the author of the test.

      Seems to me the defense is responsible for educating the judge and jury during the trial.

      --
      When information is power, privacy is freedom.
    15. Re:Now if only they ask for proof. by Belial6 · · Score: 1

      Well, sure, it is more likely that the defendant has committed a copyright violation. Heck, it is more likely that the Judge, every juror, and all the lawyers have committed copyright violations also. Given that I have never met one single person over the age of 5, and very few over the age of 3 that have not committed copyright violation, the mere fact that this person exists means that there is a preponderance of evidence that the commented a copyright violation.

      That is the truth that neither side of the argument wants to talk about. Its like allowing huge civil suits over nose picking. If you could be financially ruined for picking your nose, you would deny it to the bitter end when confronted in a courtroom. You would try to find any loophole that would get you out of it. It wouldn't change the fact, that at some time or another everyone has done it. It also wouldn't change the fact that some people take it overboard. And it wouldn't change the fact that just existing would be enough to be a perponderance of evidence that they had picked their nose.

      This facts of this case are just a question of WHICH bugger the defendant pulled out.

    16. Re:Now if only they ask for proof. by ngg · · Score: 1
      IANAL and this is not legal advice

      I understand that civil court does not have the same strict rules about how clear cut the case must be, but...

      I hate to be an ass, but I don't think you do. Civil court is all about perponderance of evidence, not reasonable doubt. If I claim you infringed my copyright because I saw my copyrighted work being uploaded from your router's IP address, you saying, "But it could have been anyone!" doesn't cut it. If I provide evidence (no matter how superficial or circumstantial it might be) that tends to point to your guilt, and you provide nothing, then I win. I don't have to show that the file is the actual movie (although it would help my case to do so). In a criminal case, those might not be terrible defenses, because they introduce reasonable doubt as to whether any law was actually broken and as to whether you were the person who broke it.

      To win in your example, you'd probably need (at the very least) to come up with a plausible explanation for how and why someone else was using your IP. Even then, it comes down to which legal theory does the jury find more convincing and/or likely: the plaintiff's (that the defendant infringed copyright) or the defendant's (that s/he didn't--but that the infringement happened with his/her ip--and that some unknown person somehow accessed the defendant's network for the purpose of infringement). All I say is, "good luck with that one."

      And just to be clear: I'm not arguing that it should be so easy for the plaintiff to win these civil cases, just that it is.

    17. Re:Now if only they ask for proof. by Khyber · · Score: 1

      You can ask for a jury trial in a civil matter. I did exactly that versus EA.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    18. Re:Now if only they ask for proof. by sjames · · Score: 1

      We have repeatedly seen that your advice, while useful, is far from certain to keep you out of court.

    19. Re:Now if only they ask for proof. by ScrewMaster · · Score: 1

      I understand the standards of proof are lower in civil court, but even those standards are not being met in my opinion. Then again, I know about things like assuming a static IP address on a DHCP network, routers with a tendency to spontaneously reset to factory default that includes open Wifi, etc.

      It would be interesting to see what happens to a defendant who drives all over town, downloads 100 files from various open networks, walks into court, and says, "Before you get too excited about the plaintiff's evidence against me, I just downloaded 100 files from other people's networks all over town. How should THEIR cases be handled, and what makes you so sure that such actions are not a factor in THIS case?"

      I think it will be interesting when these little pricks decide to go after a software engineer or a network expert, and then try to pull that "Your Honor, it's a fact that the IP address uniquely identifies the individual infringer" horsehocky and get ripped to shreds. I'm sure that they've already picked up on more than a few such people and, assuming they have any kind of a vetting process at all, wisely chose to leave them alone. These cases are entirely substantiated by utter technological ignorance on the part of the juries, the judges and the lawyers. 95% of the Slashdot population, if put in such a situation, could easily explain to their lawyers just how far off-base these cases really are, and how to mount a very effective defense. 95% of the general public, on the other hand, will have no choice but to believe the claims of "ha, we got you cold, buddy, now pay up."

      --
      The higher the technology, the sharper that two-edged sword.
    20. Re:Now if only they ask for proof. by ScrewMaster · · Score: 1

      Theft has a definition, it is not synonymous with copyright infringement.

      Theft has a legal and non-legal definition, and neither one is synonymous with 'steal.'

      Yes, but only the legal definition counts.

      --
      The higher the technology, the sharper that two-edged sword.
    21. Re:Now if only they ask for proof. by The+Wild+Norseman · · Score: 1

      Well, sure, it is more likely that the defendant has committed a copyright violation.

      No, the point of the trial is to discover if it is more likely that the defendant has committed a copyright violation in this case and in this case only. It is completely irrelevant whether or not the defendant downloads a gig of torrents a day and has done so for the past year. In the instant case brought before the judge, the plaintiffs have to have the preponderance of the evidence that that one specific act occurred.

      I agree with your statement otherwise, I just wanted to clarify this point.

      --
      "A government is a body of people usually -- notably -- ungoverned." -Shepherd Book
    22. Re:Now if only they ask for proof. by The+Wild+Norseman · · Score: 1

      IANAL and this is not legal advice

      I understand that civil court does not have the same strict rules about how clear cut the case must be, but...

      I hate to be an ass, but I don't think you do. Civil court is all about perponderance of evidence, not reasonable doubt. If I claim you infringed my copyright because I saw my copyrighted work being uploaded from your router's IP address, you saying, "But it could have been anyone!" doesn't cut it. If I provide evidence (no matter how superficial or circumstantial it might be) that tends to point to your guilt, and you provide nothing, then I win.

      Again, I agree with what you're saying, though I would like to just point out that the judge is free to disregard any evidence you put forth. There are still *some* standards after all of what is considered evidence and what is not, even in civil matters, so it's not quite "no matter how superficial or circumstantial it might be."

      --
      "A government is a body of people usually -- notably -- ungoverned." -Shepherd Book
    23. Re:Now if only they ask for proof. by Belial6 · · Score: 1

      I would say that it is more than likely that the defendant has committed a copyright violation in this case. Why because when someone is prosecuted for something that is done by virtually every member of society, and the prosecution is just picking out one of those members to get money from, it is just as easy for them to pick one of the millions of people that actually did it than it is for them to fabricate false evidence against someone else for performing the common every day activity. It is easier to randomly arrest someone on the street than it is to arrest a random person in their home and fabricate that they were on the street.

    24. Re:Now if only they ask for proof. by GasparGMSwordsman · · Score: 1

      Many people get confused on this issue. No one is getting sued for downloading anything. They are being sued for distribution, aka uploading the movie.

  4. Far Cry? by Junta · · Score: 4, Funny

    If people stole and presumably watch the movie Far Cry, *they* should be suing the studio for emotional distress or something.

    *NO ONE* should be subjected to a Uwe Boll film.

    --
    XML is like violence. If it doesn't solve the problem, use more.
    1. Re:Far Cry? by Rockoon · · Score: 1

      I actually watched that Far Cry movie on netflix cause it kept recommending it to me for months on end...

      1 fucking star.

      --
      "His name was James Damore."
    2. Re:Far Cry? by uweboll · · Score: 3, Funny

      What exactly don't you like about my films?

    3. Re:Far Cry? by Anonymous Coward · · Score: 5, Funny

      What exactly don't you like about my films?

      Their existence.

    4. Re:Far Cry? by stms · · Score: 2, Informative

      Stop Uwe Boll Now. Don't wait until you or a loved one accidentally sees one of his movies.

    5. Re:Far Cry? by windcask · · Score: 2, Informative

      He already said that it's been too long since that petition has started, and he wouldn't stop even if they got the signatures now. The fact is, he's just not that popular.

      http://en.wikipedia.org/wiki/Uwe_boll#Petition_to_retire

    6. Re:Far Cry? by dadioflex · · Score: 1
      Love the game, liked the movie. It's a three star movie that's a homage to the game, at best. Great lead, small budget, action film. Hey, if people don't like it I understand, but it's no worse than a LOT of other dreck we never hear about. Uwe for Dancing With The Stars in 2012? Huh? Hey, you haters are the ones making him a personality. I'm just a couch potato. Also liked Bloodrayne. In the Name of the King was poor but I watched it through; they could have done so much more with that cast.
      There are FAR WORSE film makers out there, but because he messes with film adaptations he's a pariah. Sometimes I feel like I have a million ideas exploding in my head at once. It's disorientating. I think that's how Uwe feels when he gets up. God bless him. We have porn and we have Russ Meyer porn. We have a choice.

      Hmmm. I may have declared that Uwe Boll is the Russ Meyer of game franchise movie production. I really hope that catches on.

      Uwe, if you're out there... you rock, dude! I've liked more than two thirds of your movies that I've seen and I think you have an accomplished eye for a shot. Seriously, look at his films and deny the way he frames a shot.
      Uwe, you crazy diamond, long may you shine.

    7. Re:Far Cry? by ultranova · · Score: 1

      If people stole and presumably watch the movie Far Cry, *they* should be suing the studio for emotional distress or something.

      Look, if you stab yourself with a meat cleaver, it's not the fault of whoever manufactured it. Or maybe it is, in the USA, since apparently spilling hot coffee on yourself is the fault of whoever brewed it...

      *NO ONE* should be subjected to a Uwe Boll film.

      Maybe you should replace the death penalty with having to watch Uwe Bolls filmography?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    8. Re:Far Cry? by windcask · · Score: 1

      Yeah, I am a hater. That's why I own "House of the Dead," "Alone in the Dark," "Alone in the Dark 2," "Bloodrayne," "Bloodrayne 2," "In the Name of the King," "1968 Tunnel Rats," and "Rampage." I plan on buying "Darfur" and "Perfect Storm" as soon as their prices come down on Amazon.

      Just because you like a man's movies doesn't mean you can't make fun of him.

    9. Re:Far Cry? by windcask · · Score: 1

      Correction: "Final Storm," not "Perfect Storm."

    10. Re:Far Cry? by hedwards · · Score: 1

      I'd actually recommend his take on Postal. As a film, I've seen far worse, and actually, it's a decent film. As long as you can stomach the things like Dave Foley completely nude, it works pretty well. Plus he spends quite a bit of time making fun of himself which is worth the price of admission.

    11. Re:Far Cry? by EddydaSquige · · Score: 1

      Oh man, I just watched the trailer for it. Looks soooooo bad.

    12. Re:Far Cry? by VortexCortex · · Score: 1

      *NO ONE* should be subjected to a Uwe Boll film.

      Maybe you should replace the death penalty with having to watch Uwe Bolls filmography?

      Nope, that's unconstitutional. There are people that deserve to die... but forced exposure to a Uwe Bolls film is a form of cruel and unusual punishment.

    13. Re:Far Cry? by ScrewMaster · · Score: 1

      If people stole and presumably watch the movie Far Cry, *they* should be suing the studio for emotional distress or something.

      *NO ONE* should be subjected to a Uwe Boll film.

      I watched "Bloodrayne" without checking any of the credits first, and as I watched it I remember thinking, "Gagh, this is almost worthy of Uwe Boll."

      --
      The higher the technology, the sharper that two-edged sword.
    14. Re:Far Cry? by ScrewMaster · · Score: 1

      Stop Uwe Boll Now. Don't wait until you or a loved one accidentally sees one of his movies.

      {sigh} too late. Is there an antidote?

      --
      The higher the technology, the sharper that two-edged sword.
    15. Re:Far Cry? by RockDoctor · · Score: 1

      *NO ONE* should be subjected to a Uwe Boll film.

      Not even Uwe Boll himself? Whoever he is.

      (I should add : I don't recall ever seeing an Uwe Boll film and knowing it. So I'll have to find out who he is now.

      OK ; reading done. So he's a guy who turns video games into movies, then punches his critics in the face. Considering that only a deranged lunatic could have expected the movies to be anything other than a waste of money, brains and time, then I can't see what's to be objected to.

      Hmmm, I wonder if Ali would be up for a night of beer, nachos and Uwe Boll films. Sounds like it could be a laugh.)

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    16. Re:Far Cry? by cp.tar · · Score: 1

      Stop Uwe Boll Now. Don't wait until you or a loved one accidentally sees one of his movies.

      {sigh} too late. Is there an antidote?

      Sure there is. The Church of Scientology has one very efficient method. I do not recall the exact number, but it has to do with the calibre of the firearm perused.

      --
      Ignore this signature. By order.
  5. Protection from copyright infringement? by Wingsy · · Score: 2, Interesting

    In the tradition of having at least 1 off-topic post in any discussion, let me ask a question here. If I set my torrent client's upload bandwidth to zero I find that I still get reasonable download speeds but I upload nothing. I know the torrent crowd would like to hang me for that but doesn't that offer me protection from copyright infringement lawsuits?

    --
    If I didn't have absolutely NOTHING to do, I wouldn't be here.
    1. Re:Protection from copyright infringement? by demonlapin · · Score: 3, Informative

      You'll still be showing as "offering it for download", you just won't be actually allowing the download to take place.If you want to be truly safe, stick to Rapidshare and... the old way. The other thing. That Which We Do Not Mention. Because it's also download-only.

    2. Re:Protection from copyright infringement? by p0p0 · · Score: 1

      I'm not sure how the monitoring of use or how the protocol works, but the fact that you are already connected to another peer and that they are uploading to you means they could probably get your IP from the list of leechers.

    3. Re:Protection from copyright infringement? by windcask · · Score: 3, Insightful

      Yeah, according to modern interpretations of copyright laws, even using a service like that is ruled as complicity in the commission of a crime or something to that effect. It's a shame that there's really no other good way to get Linux ISOs or other perfectly legal large files without having to live in fear of getting sued...

    4. Re:Protection from copyright infringement? by Wingsy · · Score: 1

      Yeah, I'm sure my IP is out there blinking like a neon sign, but don't they have to show that I was actually sending the stuff to someone?

      --
      If I didn't have absolutely NOTHING to do, I wouldn't be here.
    5. Re:Protection from copyright infringement? by shentino · · Score: 5, Insightful

      The problem then isn't bittorrent.

      It's sue-happy companies that honestly do not give a shit if they hit innocent victims.

      http://news.slashdot.org/story/10/11/19/1339220/Anti-Piracy-Lawyers-Knew-Letters-Hit-Innocents

      These fuckers need disbarred for sending frivolous legal notices.

      I doubt they will, because that's just how corrupt the system is.

    6. Re:Protection from copyright infringement? by windcask · · Score: 1

      I know that's how it technically should be, but the reality is that when you have enough lawyers you can bend the law to suit your needs. That was my only point.

    7. Re:Protection from copyright infringement? by hedwards · · Score: 3, Interesting

      The making available theory was set aside a few years back. In order for it to be infringement you not only have to make it available, but somebody has to actually download it. And not only that, the party filing the suit has to prove that somebody actually downloaded it without authorization.

      Meaning that whomever they've authorized to investigate can't download a copy and use that as evidence that the file was actually downloaded without authorization.

    8. Re:Protection from copyright infringement? by random_ID · · Score: 1

      No. I once got a DMCA violation warning email from my ISP for downloading the complete Harry Potter series... which I hadn't downloaded. After a little digging I realized that I had connected to a torrent containing 1000+ books for less than 5 min the month before, and Potter was in it.

      The publisher hired someone to watchdog torrents and record IP addresses, then sent out warnings to the relevant ISP. No lawsuit was involved, but if there had been I'd be bankrupt from either an out-of-court settlement or from court costs (and probably still would have lost).

    9. Re:Protection from copyright infringement? by demonlapin · · Score: 1

      IA definitely NAL, YMMV. However, I answered as I did because he wanted to avoid the lawsuit, not just the fine. His policy probably would prevail in court, but it wouldn't be cheap.

    10. Re:Protection from copyright infringement? by Anonymous Coward · · Score: 1, Interesting

      If you want to be truly safe, stick to Rapidshare and... the old way. The other thing. That Which We Do Not Mention. Because it's also download-only.

      +5 Informative: Usenet :)

    11. Re:Protection from copyright infringement? by hairyfeet · · Score: 1

      No, just that you were offering the files IIRC. It sounds like what you are looking is is a "Emule leecher mod" which doesn't show jack squat to anyone. Under sharing one just doesn't have anything, so as long as it is set to "nobody" on the shared files tab nobody is gonna see squat. So unless they are doing the sharing and writing down the ones who take the bait's IP (which I don't think you can get them for downloading, just uploading) then you'd be safe. Of course your speed won't be nearly as good as BT, but there you go.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    12. Re:Protection from copyright infringement? by demonlapin · · Score: 1

      Buy an account on a real news provider, and don't be the guy uploading?

    13. Re:Protection from copyright infringement? by misexistentialist · · Score: 1

      Unless you are the original seeder, I don't see how that can be shown, since the pieces you upload to any individual will probably result in an unplayable file. Of course just having the file on your computer is violating copyright, so they don't really need too much proof.

    14. Re:Protection from copyright infringement? by neminem · · Score: 1

      I torrent things, and I feel pretty safe doing it: I just only use a small private tracker, the sort where copyright-sniffers wouldn't be given access even if they did know about it. Course, I had to be in the right place at the right time to get invited, myself, but still. Torrenting isn't inherently unsafe; just *public* torrenting.

    15. Re:Protection from copyright infringement? by demonlapin · · Score: 1

      I had to be in the right place at the right time to get invited

      Private trackers - really private trackers - have two problems. One is getting enough content; they only have stuff when someone goes out and gets it. The other is keeping enough active members. I know of a few private P2P networks that never had memberships over a few hundred that eventually died as the old members left and new ones didn't come in (because, in a desire for secrecy, it couldn't be advertised).

    16. Re:Protection from copyright infringement? by neminem · · Score: 1

      Well, the site I'm on, isn't *truly* private in the "you can't find it on google" sense - we're under no promise not to tell people what it's called, we're just under a promise not to actually invite anyone we don't trust. So there's never been a problem with activity. And there's never been a problem with content, at least not for what it focuses on (mostly newish movies and tv shows, though it does have some other stuff people feel like uploading). The neat thing is that there's an inherent incentive to upload new content: it's free ratio, since you're uploading content you never downloaded (from that tracker, which is all that matters). Shows I watch, new episodes generally appear within minutes after they've aired (often in both HD and non-HD formats).

    17. Re:Protection from copyright infringement? by demonlapin · · Score: 1

      Never having open signups is private enough. Still, it sounds like you've got a good thing going there. If you have books, my email's in my profile ;)

  6. Re:End of the world! by rrkbogie · · Score: 2, Informative

    Rosemary is actually a dude who sits on the bench in drag. She legally changed her name back before Clinton nominated her. Some say she was nominated because of a connection to Vince Foster.

    This seems unlikely, given that she graduated from a Catholic University:

    http://www.trinitydc.edu/admissions/profiles/mayerscollyer68.html

  7. Awww by WillyWanker · · Score: 1

    Awww, extortion is sooo haaaard... poo poo pity. Better luck next time. Wah-waaaahhh, thanks for playing, buh-bye now!

    1. Re:Awww by shentino · · Score: 1

      Extortion is effective if you can't prove they did it.

    2. Re:Awww by hedwards · · Score: 1

      There's plenty of evidence that the RIAA studios are engaged in extortion. I mean "pay us without our showing you the evidence or we file suit" is pretty much extortion by any reasonable definition assuming that they don't offer to show the evidence or provide it for review by the person's attorney.

  8. Well ... by thomst · · Score: 3, Funny

    ... looks like her verdict was a (ahem) far cry from what Uwe Boll was expecting.

    --
    Check out my novel.
    1. Re:Well ... by Nugoo · · Score: 1

      Where's a -1: Funny when you need it?

      By the way, you forgot the "YEAAAAAAAAAAAAH!"

      --
      I explicitly release the above into the public domain.
    2. Re:Well ... by boarder8925 · · Score: 1

      http://orangeapple.com/files/InstantCSI.swf

      --
      Keep your eyes to the sky.
  9. "Crippled"? "Stunning defeat"? by Theaetetus · · Score: 5, Informative

    Uh, you do know that a 12(b)(2) dismissal for lack of personal jurisdiction is not a dismissal with prejudice or on the merits? They can simply refile this elsewhere, without the new judge being bound by this dismissal. 12(b)(2) motions are procedural, and don't reach the actual case.

    1. Re:"Crippled"? "Stunning defeat"? by kennykb · · Score: 4, Interesting

      Well, it's at least a start. Now instead of having one case against defendants across the whole US, the lawyers have to refile in all 92 district courts, multiplying their expenses considerably. (Particularly since a lawyer who files pro hac vice in many of the districts must retain local counsel.) Moreover, the defendants will be sued in their home districts. They don't need to retain counsel and appear in DC to contest their cases. (If a distant court finds a way to assert personal jurisdiction, you're well advised either to prosecute an interlocutory appeal or settle, because the expense of simply making all the required appearances in the distant state will be ruinous.)

      This was also a mandatory first move on the defendants' part. Once you've filed any paperwork with the court without contesting its jurisdiction, you've lost your chance. If you've been sued in the wrong place, you get only one short opportunity to tell that to the judge. After that, you're deemed to have acquiesced on the point. That's unbelievably harsh against pro se defendants, who may not have even been able to find a lawyer (especially since the notice served against them states that they need fo find one in the distant state) by the time they're required to file an answer, but it's the law.

      So it's not a major victory, but it would have gone considerably worse for the defendants had the judge asserted personal jurisdiction against them.

    2. Re:"Crippled"? "Stunning defeat"? by hedwards · · Score: 1

      Right, however it does greatly increase the cost of their extortion racket. As they then have to start filing in the numerous courts that actually have jurisdiction. And ultimately the attorneys who tried such a blatant abuse of the court ought to be disbarred. You can't just raft a huge number of people together into a single suit without having a plausible theory for their relationship together.

  10. Re:Except... by laughingcoyote · · Score: 2, Interesting

    ...all that will happen is they will refile in the other districts where the offenders reside.

    While whoever marked you troll is probably on the money, a lot of people probably might wonder why this would be significant.

    It's hard to geolocate many IP addresses with any degree of precision, especially one you got months ago. And even if you can, it's not like they ever make their money back on these cases-even if they win, most of the defendants are going to go bankrupt. They won't make enough money in their life to pay the exorbitant judgment. Filing these in every district in the country, refiling the ones where you "missed", etc., is going to run up the legal bills very quickly. In the meantime, you're going to continue to annoy judges by clogging up their dockets with cases intended to "make an example" of Little Johnny or Grandma. And while an annoyed judge still must follow the law, they can certainly do as this judge did-choose to follow it very strictly indeed.

    --
    To fight the war on terror, stop being afraid.
  11. Re:End of the world! by Paradise+Pete · · Score: 2, Funny

    I want that woman considered for the next Supreme vacancy!

    How do we even know she can sing?

  12. Re:End of the world! by jhigh · · Score: 1

    I agree, but career politicians are not in the business of appointing individuals who harbor crazy notions, such as returning power from the state, to the people.

    Or that their job is not to make law but, rather, to interpret it.

    --
    Social Engineering Expert: Because there is no patch for stupidity.
  13. Re:Except... by hedwards · · Score: 1

    Well he is, but what he's failing to account for is why they chose to try it in the first place. The reason is that it gave them an unfair and illegal advantage. If they had to file each of these separately in a court with actual jurisdiction it would cost them a lot more to prosecute their case and would even things out a bit in terms of fairness of trial.

    They don't want that because this is essentially just an extensive extortion scam. Pay us the money because we might have evidence that you violated our copyright or we'll sue you into the poor house.

    The reason why the GP was modded troll was because he was so amazingly wrong. Given the way that the courts have been handling things up to this point, it is news whenever the court decides that normal rules apply to the RIAA studios. And this effectively makes it expensive enough that they're likely going to have to drop their suits as it's getting dangerously close to the point of vexatious litigation.

  14. Re:End of the world! by schwit1 · · Score: 1

    No doubt.

    Too many judges are of the mindset of "you do what you think is right and let the law catch up."

  15. about time by binaryseraph · · Score: 1

    It was starting to look like the RIAA (I realize this isnt the RIAA, but I'm throwing them into the same category as the RIAA) was making more money off suing pirates than actually gross sales. What a hell of a business model.

  16. Re:End of the world! by FatdogHaiku · · Score: 1

    Oh come on! We should at least hear her belt out a bit of "Stop! In The Name Of Love" first...
    Seriously, going against the wishes of Big Media is going against the wishes of big political contributors... as long as money buys votes it will also influence the make up of SCOTUS.

    --
    You have the right to remain sentient. If you give up the right to remain sentient, you will be elected to public office
  17. What the hell? by 0123456 · · Score: 1

    The people who downloaded it should be suing her for allowing Uwe Boll to continue making movies.

  18. Re:End of the world! by Attila+Dimedici · · Score: 2, Interesting

    Especially since she was appointed in 2003, which means she was appointed by George W. Bush.

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  19. Re:Hooray, Slashdot! by Ccomp5950 · · Score: 2, Insightful

    The litigation is questionable and is used as a means to threaten thousands of people (some innocent) into simply paying up by settling which most would have done. It's a business model, not trying to right a wrong. The fact that alleged copyright infringers may not see the inside of a court room due to it is secondary.

  20. Re:End of the world! by ScrewMaster · · Score: 1

    I agree, but career politicians are not in the business of appointing individuals who harbor crazy notions, such as returning power from the state, to the people.

    Or that their job is not to make law but, rather, to interpret it.

    I don't want them doing that, necessarily ... a well-written law should require relatively little interpretation, only proper application.

    --
    The higher the technology, the sharper that two-edged sword.
  21. Re:Hooray, Slashdot! by ScrewMaster · · Score: 1

    Yay, another victory for pirates! Right, Slashdotters?

    When did this place become a pro-piracy advocacy site?

    Do you have any idea what you're talking about? RIAA and MPAA shills are not appreciated here, just so you know. Alternative perspectives, yes, but shills by definition have no viewpoint worthy of acknowledgement, much less discussion.

    --
    The higher the technology, the sharper that two-edged sword.
  22. Re:Hooray, Slashdot! by ScrewMaster · · Score: 2, Insightful

    The litigation is questionable and is used as a means to threaten thousands of people (some innocent) into simply paying up by settling which most would have done. It's a business model, not trying to right a wrong. The fact that alleged copyright infringers may not see the inside of a court room due to it is secondary.

    Yes, it's an abuse of the legal system that was pioneered (so far as I'm aware) by the RIAA, in order to a. make money and b. bypass any semblance of due process. This idea of winning default judgments in venues that are far removed from the alleged infringers was a cornerstone of that practice, in that it would grant the media company lawyers an instant and inexpensive club useful for mass intimidation, while simultaneously making it difficult if not impossible to mount any kind of defense.

    This Judge appears to have a clear understanding of the tactic, and she did not like it. She gets points for understanding that this is a business model, a revenue source, not an attempt at legitimate redress and gets bonus points for putting the skids on it. Several judges involved in the RIAA's ongoing rampage wrote similar decisions: I hope this starts to become popular.

    Now, to be fair, this "U.S. Copyright Group" was very up front about what they were going to do, and why, and bragged about it as a way for movie makers to "monetize" copyright infringement. Of course, they failed to advertise that it was just as amoral and unethical as the RIAA's similar compaign, and just as destined to hurt innocent people.

    --
    The higher the technology, the sharper that two-edged sword.
  23. Re:End of the world! by Ihmhi · · Score: 1

    Well, we already know she looks lovely in long, black robes. A sequined cocktail dress and heels is not that far away!

    --
    Random Thoughts From A Diseased Mind (Not For Dummies)
  24. "pro hac vice" by KingAlanI · · Score: 1

    pro hac vice = as Wikipedia says, "for this occasion" - when a lawyer from outside of the area asked to be temporarily allowed to practice in the state for the purposes of that particular case

    --
    I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
  25. Re:Hooray, Slashdot! by GameboyRMH · · Score: 1

    That's right, oppose draconian copyright and you're a pirate!

    Oppose insane speeding fines/modded car crushing and you're a street racer!

    Oppose TSA nudie scanners/grope-downs and you're a terrorist!

    Oppose Internet censorship and you're a pedophile!

    Oppose giving the government root logins to all your machines and you're a black hat!

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel