BitTorrent Cases Filed By Malibu Media Will Proceed, Rules Judge
Long-time Slashdot reader NewYorkCountryLawyer writes: In the federal court for the Eastern District of New York, where all Malibu Media cases have been stayed for the past year, the Court has lifted the stay and denied the motion to quash in the lead case, thus permitting all 84 cases to move forward.
In his 28-page decision (PDF), Magistrate Judge Steven I. Locke accepted the representations of Malibu's expert, one Michael Patzer from a company called Excipio, that in detecting BitTorrent infringement he relies on "direct detection" rather than "indirect detection", and that it is "not possible" for there to be misidentification.
In his 28-page decision (PDF), Magistrate Judge Steven I. Locke accepted the representations of Malibu's expert, one Michael Patzer from a company called Excipio, that in detecting BitTorrent infringement he relies on "direct detection" rather than "indirect detection", and that it is "not possible" for there to be misidentification.
Dude, to err is human.
Unless he claims to have some kind of psychic ability there is ALWAYS the possibility of misidentification. If those were his words, the case should be thrown out for lying to the judge.
-=This sig has nothing to do with my comment. Move along now=-
It'll only take one false positive to introduce reasonable doubt. Any number /
whatever number / even a SS# does not guarantee that it identifies a physical
person. That's how identity theft works. Even though a crook may have your #,
it's not you. What they're selling (to the judge) is pure fantasy.
They cannot prove by rules of evidence that IP address points to that physical
person at the time of the alleged infringement. Their attorneys should be able to
easily push back on this; why haven't they? I'm sure they're simply trying to force
a settlement from the defendants...
it is "not possible" for there to be misidentification
Oh really. I'm sure Mr. Patzer wouldn't mind telling us his IP address, then? Because in 5 minutes I'd have it look like he was swarming, downloading, and sharing the filthiest copyrighted scat porn videos the internet has to offer.
I'll just leave this here. The ultimate fuck-you song.
https://www.youtube.com/watch?...
--
BMO
Would it be so hard to add background information on this case? I have no idea what Malibu Media is or the details of the story, and I shouldn't have to Google for it.
Editors: do you frigging job.
The plaintiff should be required to download the entire file and to ensure that the checksum of said file matches the file offered via the plaintiff's service.
"GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
Given that a year's subscription to xart is around $100-$200 or so, and that a machine decent enough to download it on costs considerably more, coupled with the risks and social taboos performers have to put up with, amongst other things, I have little sympathy with people who genuinely pirated xart content. Really, how much cheaper do you want? And if you want it all for free, how are you better than those who think it ok to own sex slaves? Porn stars, directors, studios, deserve respect for what they do, and pornstars especially for how much of them they are prepared to show for our entertainment. The stigma, to me, is just hereditary cultural braindamage that needs surgical removal. As for the attitude of taking sexual favours from a woman without her permission: in just about any other form that is rape or sexual abuse. If you're too cheapskate to pay the $100 or so for a subscription, put up with the stuff on tube sites that is sponsored, since you can be sure the source site is happy for it to be there. But disrespecting the intent of copyright, in this case, is just wrong.
In general, I'm not happy about the creep of copyright, and the rise in patent and copyright trolls, but Malibu do produce a lot of decent content, and do need to ensure they have a market from which to earn the money they pay their staff with. In this case, of all, I am sympathetic towards Malibu. Porn studios take a lot of shit for what they do, to my mind undeservedly so, and Malibu are a decent porn studio that deserves more respect. There may be a lot wrong with how they defend their ability to make a living, but there is a shitload wrong with how companies like theirs are perceived and treated by society in general.
"detecting BitTorrent infringement he relies on "direct detection" rather than "indirect detection", and that it is "not possible" for there to be misidentification."
Even if they do have a fingerprint sensor on the other end, those can be fooled.
Twinstiq, game news
For those who didn't read the linked decision: 'direct detection “involves connecting to a peer . . . and then exchanging data with that peer,” indirect detection “relies on the set of peers returned by the coordinating tracker [of a BitTorrent swarm] only, [and] treating this list as authoritative as to whether or not IPs are actually exchanging data within the swarm.”'
The real story is that defendant didn't have his own expert to counter Patzer's BS
Ray Beckerman +5 Insightful
No one in the U.S. wants to leave no matter how bad it gets there because they don't want to become victims of its foreign policies.
Unless "direct detection" rather than "indirect detection" can be factually proven to get private information from TOR which is supposedly NOT available, and private information from "Virtual Private Networks" which again is NOT available then the case MUST be dismissed. All technology and software MUST be divulged. Not hidden nor private techniques. No one watching a network protected by TOR and/or VPN can determine who nor what is using said network.