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Judge Orders Cloudflare To Turn Over Identifying Data In Copyright Case (techspot.com)

Posted by BeauHD on from the de-anonymized dept.

Cal Jeffrey reporting for TechSpot: Back in May, several studios started targeting movie-pirating sites and services. Dallas Buyers Club, Cobbler Nevada, Bodyguard Productions, and several other copyright owners filed a lawsuit against ShowBox, a movie-streaming app for mobile devices. The companies tried pressuring CDN and DDoS protection provider Cloudflare into releasing information on the operators of some of these platforms. However, Cloudflare told them if they wanted such information they would have to get it the right way -- through legal action.

The plaintiffs did just that. A subpoena was issued in the case from a federal court in Hawaii. The documents were not made public, but TorrentFreak was able to obtain a portion of the subpoena from a source. The court order demands the details of the operators behind the Showboxbuzz website, Showbox.software, website Rawapk, Popcorn Time, and others. Cloudflare has not filed a motion to quash, so it appears likely that the company will hand over the requested data.

10 of 56 comments (clear)

  1. Suspicious. by Gravis+Zero · · Score: 5, Interesting

    It seems exceptionally suspicious that they chose to take legal action in Hawaii (halfway around the world) especially when their very names indicate their location on the US mainland. Seems like they may have found their eastern Texas of copyrights.

    I'm not saying it's illegal but it's definitely not aboveboard.

    --
    Anons need not reply. Questions end with a question mark.
    1. Re: Suspicious. by Anonymous Coward · · Score: 4, Insightful

      Why are they not using a court where they are based? What's the reason for using a court in Hawaii?
      It's like the patent trolls all filing suits in the East Texas court.

    2. Re:Suspicious. by Aighearach · · Score: 2

      "Dallas Buyers Club" is the name of a movie. It is not a local business in Dallas.

    3. Re: Suspicious. by ixidor · · Score: 3, Informative

      because its pretty much guaranteed that the suing companies are in any way based out of HI. and cloudflare certainly is not . so then the question becomes what standing to they have to choose that specific location. if they had picked one of the states the suing companies are based out of, or one where cloudflare has an office it could still be argued over standing, and those would at least make sense. HI seems like it was chosen purely out of spite, or someone has a judge bought and paid for.

  2. Yes-ish... by Anonymous Coward · · Score: 4, Informative

    Generally speaking subpoenas are signed by attorneys licensed to practice before the court rather than by the judge as a practical matter, although there are some exceptions. Then if the subpoena is not legit the person or entity being asked to provide the information can fight it if it makes sense to do so. A judge likely hasn't looked at this yet and won't unless Cloudflare decides they want to fight it, since why would you get a judge involved if everyone agrees on what their legal obligations are with regard to disclosing the information about the customers?

  3. Cloudflare doing it right by jaa101 · · Score: 4, Insightful

    Cloudflare is doing the right thing. They are neither handing over customer data on the request of copyright holders nor wasting time trying to protect customers from the law. They've required a judge to decide on the need to disclose customer's identities, so their customers can hardly complain.

  4. This is supposed to be how it works by dirk · · Score: 4, Insightful

    I have no issue with this at all as this is exactly how it is supposed to work. They should go before a judge and prove they have enough evidence that supports their case that the judge feels ti is worth while to release the information. ISPs and other companies shouldn't release this information without a court order, but should comply with a court order if one is obtained.

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    "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    1. Re: This is supposed to be how it works by im_thatoneguy · · Score: 5, Insightful

      Yeah I think this is far from an abuse of the legal system. Someone has a complaint, they go to a judge and that judge allows them to subpoena relevant info to the case.

      As to copyright enforcement. I still think th only reason the holders lost public support is the absurd punishment. If people had been slapped with $40 fines like a parking ticket I think the legal and public opinion landscape would be radically different.

      âoeYou downloaded a Metallica album. That will be $52.â
      âoeDamn you got me. Here you go.â

      Instead when a single mother is on the hook for $10,000 to an industry based on spurious evidence... the moral reaction is to fight back.

      $10k+ fines are definitely warranted for developers profiting like Popcorn Time but there needs to be a proportional response for run of the mill infringement akin to taking your chances by not paying the meter while running in to a store.

    2. Re: This is supposed to be how it works by astrofurter · · Score: 2

      "in the U.S. we have a Jury based judicial system"

      Whoa-ho-ho hahahahahahahahahahahaha wee-hee hahahahahahahahahahahaha! Oh, that's rich! Tell me another one, Ernie, tell me another one!

  5. Ahh, Venice PI LLC by viperidaenz · · Score: 5, Interesting

    The company that sued a dead man who suffered from dementia for apparently torrenting their movie.
    https://www.techdirt.com/artic...