Judge Orders Verizon Subscriber Identities Sealed
NewYorkCountryLawyer writes "In one of the mass 'John Doe' cases based on single BitTorrent downloads of films, Malibu Media v. Does 1-13, a pro se litigant made a motion to quash the subpoena. The Court granted a stay of the subpoena, pending its decision on the motion to quash. Unfortunately for John Doe, Verizon had turned over its subscribers' identities 5 days BEFORE the response was due, thus possibly mooting both the stay and the motion to quash. Fortunately for John Doe, the Judge wasn't too happy about this, ordered the information sealed, directed plaintiff's lawyers to destroy any copies, and ruled that they can't use the information unless and until the Court denies the motion to quash."
What did you expect? Come on...
Why are these so-called "John Does" getting a free pass for what is effectively stealing?
Basically what we've got is Verizon saying, "Oh goodie, we're so eager to ignore our user's privacy that we're going to jump right on mailing out their personal information to any third party who might be interested." Yeah, yeah, they have a court order, and obviously you have to comply with that, but you certainly don't have to go and do it early.
can someone translate story to Engrish prease?
But ISPs do shit like that all the time. If they get a subpoena for your info in a "John Doe" form what they are supposed to do is notify you so you can fight it, if you wish. While filing a "John Doe" suit is a common and valid legal strategy when you are going after someone but lack the ability to identify them directly yet, that doesn't mean it is automatic. It is also used as a fishing expedition, as seen in these cases, and in those cases courts may quash it.
Hence, your ISP tells you, and then if it isn't quashed (because you don't contest it or because a judge decides it is fine), they hand over the info.
The problem is many ISPs just don't give a fuck about their customers because they know they lack options.
A bunch of NERDS have LAUNCHED A ROCKET into orbit. STOP. EVERYTHING IS WONDERFUL. STOP. ETC. no really law is interesting, too.
Quit wigglin' your juicy ass in my face, you piece of fuck! I'll have to fuck it right off if you don't cease this foolishness!
Be a man... don't get a hard one on (or in) my juicy ass. And come out the closet, anonymous non-hetero.
Hey, isn't hijacking considered terrorism nowadays? Maybe we can just ship the executive staff off to a nice resort in the carribean :)
"In one of mass 'John Doe' case based on singre BitTollent firm downroads, Maribu Media v. Does 1-13, plo se ritigant made subpoena quash motion. Coult glanted subpoena stay, pending quash motion decision. Unfoltunatery fol John Doe, Velizon turned over subsclibels' identities 5 days BEFORE response dued, thus possibry mooting both stay and quash motion. Fortune for John Doe, Judge was no happy about this, oldeled information seared, dilected praintiff's rawyels destloy any copies, and lured they can't use infolmation unress and UNTIR the Coult denies quash motion."
Bingo
Just remember every second TV-police drama. Now they 'know' who they want, they just happen to collect more evidence that proves that person guilty. It looked righteous on television. It's not so righteous in a civil action.
Someone was (accused of) making a bunch of copies of something, without permission.
The accuser's lackey hands over information, before the Court decides if it's appropriate to enter it into evidence. The Court decides it isn't (yet) appropriate, and orders all copies of the evidence destroyed.
IOW, the accuser is now accused of making a bunch of copies of something, without permission. They just got a taste of their own medicine, at the hands of an unhappy judge.
Verizon had a window of time for which to comply with a request. They turned over information early, but it was a request that the judge was aware was made, so I have to ask, why should he be mad or upset? In this case a corporation complied with a request and didn't cause a drawn out battle. The judge had ample opportunity to note his concerns up front and order Verizon to compile the info, but not to release it. He waited until just after Verizon complied.
I don't agree with Verizon's decision to hand private information over so quickly, but nor do I feel that those who are being prosecuted for illegal downloads should be protected or get a free pass.
There must be some reasonably strong evidence against the John Doe's for Verizon to comply so quickly, and if there are any legal ramification that Verizon may face, why should a business take a hit for alleged illegal activities? Answer, they shouldn't. If there is nothing that is deemed private on the internet, then why is access to it considered private also? Privacy laws need to be more clearly defined and unanimously throughout our country, so that we don't have so many legal arguments nullifying one judgment or another.
If these John Doe's really are performing illegal activities, then I agree they need to be prosecuted.
I only wish this much effort was placed on catching other types of thieves that use the internet as their tool of theft, such as stealing credit card info or identities or other stuff.
Life takes interesting turns, but the most interest is when you're off the beaten path.
You're saying that Verizon actually got something done before the deadline?
Doesn't count because:
A) Done by rich people
B) Done by a company
We should start holding the heads of companies liable for their crimes when they use the company as an instrument.
The problem here is that it only really works out to the advantage those holding absurdly-large and unrealistic (for the overwhelming majority of private citizens) amounts/ratios of debt to income...
Not entirely true. For a start it is an advantage to anyone with a mortgage on their house - so while a majority might not be affected I'd drop the "overwhelming" part. However inflation has one other "good" effect - it makes people spend and invest. The continuous drop in value means that, if you have a large amount of cash, you have a very strong motivation to either spend it on what you need or invest it in the economy somehow in order to preserve its value. This investment money is where businesses get funds to grow, expand and employ more people.
And you'll probably find that judges get increasingly cranky about that sort of thing as it shows a certain lack of respect for them.
Really? I thought court orders gave deadlines by which something had to be done not "it must be done on this day". Complying quickly with an order is a sign of respect rather than dragging your heels until the last possible minute. Still this is the law so judges can be arbitrary and unreasonable on a whim and common sense rarely seems to apply!
Your response was hysterical. Unfortunately, it seems that the people with mod points didn't read carefully. Sorry about that. Whoever you are, I got it :) You should have been modded "+5, Funny". Instead you're at "-1". Bummer.
Ray Beckerman +5 Insightful
If they were only downloading and not sharing how did they get caught?
Maybe we can just ship the executive staff off to a nice resort in the carribean.
Too easy. I wonder what the Russians are doing with the Gulag Archipelago these days. Solzhenitsyn wrote that great book, yet no-one hears about it any more. Has that been decommisioned? Surely, there's room in Lubyanka these days?
A Siberian winter should wake them up. Or kill 'em; whatever.
"Tongue tied and twisted, just an Earth bound misfit
Your response was hysterical. Unfortunately, it seems that the people with mod points didn't read carefully.
I suspect they've probably never heard of the word "Engrish." "Transration" should have been a dead giveaway.
You should have been modded "+5, Funny".
Agreed.
Instead you're at "-1". Bummer.
Now at zero, on his way back up. Come on, metamods.
And may I say, you're not one of the lawyers I want to see at the bottom of the ocean. Just sayin'.
"Tongue tied and twisted, just an Earth bound misfit
You're just saying that because I get your sense of humor.
:)
So your post is now at "0", up from "-1"?
I'm grad.
And may I say that I don't want you to be at the bottom of the ocean, either, at least until it's your time
Ray Beckerman +5 Insightful