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Comcast Refusing To Comply With Piracy Subpoenas

New submitter nbacon writes with news that Comcast, apparently tired of the endless BitTorrent-related piracy lawsuits, has stopped complying with subpoena requests, much to the chagrin of rightsholders. From the article: "Initially Comcast complied with these subpoenas, but an ongoing battle in the Illinois District Court shows that the company changed its tune recently. Instead of handing over subscriber info, Comcast asked the court to quash the subpoenas. Among other things, the ISP argued that the court doesn’t have jurisdiction over all defendants, because many don’t live in the district in which they are being sued. The company also argues that the copyright holders have no grounds to join this many defendants in one lawsuit. The real kicker, however, comes with the third argument. Here, Comcast accuses the copyright holders of a copyright shakedown, exploiting the court to coerce defendants into paying settlements."

9 of 224 comments (clear)

  1. The Twilight Zone by wmbetts · · Score: 4, Insightful

    For a second I thought I was pulled into an episode of the The Twilight Zone. Comcast is the last company I expect this from. Go Comcast?

    --
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    1. Re:The Twilight Zone by icebike · · Score: 5, Insightful

      Well it takes lawyers to say NO too. And they don't work for free.

      The best they can hope for is to establish a precedent and make the nuisance subpoenas reduce in scope.
      Fighting a validly issued subpoena is a costly legal move. A minimum wage clerk can knock out a hundred
      replies to these in half an hour with automated tools. That would be the cheap approach.

      So there is some financial outlay involved with this approach, and the return on that investment is
      probably questionable and short lived, and may blow back in their face if they lose safe harbor
      protection by fighting these subpoenas.

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  2. Re:SOPA by FunPika · · Score: 4, Insightful

    Shutting down an ISP as large as Comcast and leaving 17 million people unable to connect to the Internet. Somehow I doubt our government, while pretty dumb, would be dumb enough to cause a shit-storm that massive.

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  3. The real reason is money. by Anonymous Coward · · Score: 5, Insightful

    A few Subpeona's here and there are fine, sure they cost you, but it's a cost of doing business.

    That's that right up until some company wants to subpeona 4,000 of your users, per week.

    And the thing is these subpeona's, they aren't for john doe at 127.0.0.1 on 6/15/2010, they're for MAC addresses, traffic usage reports, etc and the requestor gets NASTY if they don't get what they want.

    Either you spend an ungodly amount of cash complying, or you go the cheaper route; get the lawyers to tell them to go pound sand.

  4. Re:Who would have thought by Anonymous Coward · · Score: 4, Insightful

    Rubbish. If Capitalism hits on a morally good outcome, it's by pure fluke.

    Capitalism is often exploited by people who are following their human nature to lie, cheat, steal, and other stuff. You know, things like putting melamine into baby formula.

    Capitalism doesn't give a fuck about you, and is in fact amoral (note I don't say immoral, but it does yield a lot of immoral things).

    If you believe what you wrote, you're an idealist who still believes the system works -- it doesn't, it only works for those who have money and can pay to exploit the rules.

    As it exists, Capitalism is mostly about trying to make sure the loopholes are all stacked in your favor instead of anybody else. This great wonderful thing you call Capitalism which always arrives at good outcomes is a myth. Companies would make skin care products out of 3rd world children if they could get away with it and if it was profitable.

  5. Re:Yay Comcast. by Jeng · · Score: 5, Insightful

    You are looking at it the wrong way.

    This is Comcast not complying, that is their standard operating procedure. If they can find a way to not do something, they will not do that thing.

    The fact that this actually helps their customers is purely unintentional.

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  6. Re:Yay Comcast. by Penguinisto · · Score: 4, Insightful

    It's a step in the right direction, but I'm not sure if it's out of any charity towards their customer base, or if it's because the previous policy of blindly complying with all these subpoenas was an expensive PITA for them.

    I'd still rather masturbate with a fistful of broken glass than voluntarily use their services, but this act is a good first step towards reversing that opinion.

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  7. Re:Yay Comcast. by davester666 · · Score: 5, Insightful

    It's simple math. The more money Comcast's customers shell out to copyright trolls, the less money they have to shovel into Comcast's coffers.

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  8. Re:While it's nice that Comcast is standing up.... by Em+Adespoton · · Score: 4, Insightful

    While it's nice that Comcast is standing up to them, if you read through you'll find that it's four porn companies. In other words, they're not standing up (in this case, at least) to any of the MAFIAA members.

    True, but precedent doesn't care who the parties in the case were. If Comcast succeeds, this argument can be used in the future just as effectively against Comcast's overlords.