Suing IP addresses being challenged.

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • borked
    Totally Borked
    • Feb 2005
    • 6284

    #101
    In any case, if you want to seed torrents from the EU, just make sure the source of the content come from the US.

    Because, low and behold copyright is international and so you should be targeted, but guess what, it's too hard to get addresses from IPs from a non-national company (well, as easy just more expensive), - the proof of the pudding is in the eating.

    For coding work - hit me up on andy // borkedcoder // com
    (consider figuring out the email as test #1)



    All models are wrong, but some are useful. George E.P. Box. p202

    Comment

    • Agent 488
      Registered User
      • Feb 2006
      • 22511

      #102
      Originally posted by kristin
      What about colleges that all have the same IP addy?
      i wonder the same thing, but ip location is used to secure cp prosecutions every day.

      Comment

      • borked
        Totally Borked
        • Feb 2005
        • 6284

        #103
        Originally posted by Agent 488
        ip location is used to secure cp prosecutions every day.
        Yes, but that is just used to corroborate something when applied with more pertinent evidence. 1+2+3+4+5=15, not 5=15

        5=15 is the entire case in all these letters...

        For coding work - hit me up on andy // borkedcoder // com
        (consider figuring out the email as test #1)



        All models are wrong, but some are useful. George E.P. Box. p202

        Comment

        • Agent 488
          Registered User
          • Feb 2006
          • 22511

          #104
          Originally posted by borked
          Yes, but that is just used to corroborate something when applied with more pertinent evidence. 1+2+3+4+5=15, not 5=15

          5=15 is the entire case in all these letters...
          i am poor at math. : ( just throwing that out there.

          Comment

          • marlboroack
            So Fucking Banned
            • Jul 2010
            • 9327

            #105
            lol

            Originally posted by Sexentertain_mike
            Love Mama jokes too!

            "Yo mama so fat she licks other peoples fingers at kentucky fried chicken"
            Yo mamma so fat, she played pool with the planets

            Comment

            • borked
              Totally Borked
              • Feb 2005
              • 6284

              #106
              Originally posted by Agent 488
              i am poor at math. : ( just throwing that out there.
              Well, at least it's a valid argument for staying in the other camp. You are forgiven (so long as I never meet you in a jury that presides on this*)


              (*civil case I know never happen.)

              For coding work - hit me up on andy // borkedcoder // com
              (consider figuring out the email as test #1)



              All models are wrong, but some are useful. George E.P. Box. p202

              Comment

              • brandonstills
                Confirmed User
                • Dec 2007
                • 1964

                #107
                Originally posted by borked
                Paul, adding live content, live chat, forums etc isn't what will survive above tubes - it's an idea granted, but I don't agree.

                When there are sites delivering free HD content of 30+ minute clips, it's an impossible struggle to force a porn surfer to get out his credit card for something similar.

                There are comments on mainstram boards that have been posted here that show that naive (ie non-gfy crowd) porn surfers believe these tubes are the studios releasing their content for free. That's a tough battle.

                I didn't see how tgps unfolded as I wasn't in adult then, but I saw how blogs then tubes unfolded into the adult world and how tubes then seized that advantage to go present bittorrent content for free to all.

                In your analogy of hamburgers - if you are offering a Big Mac with bacon and hot sauce and fries and a large cola for xx$ and just next door I can get a regular beefburger for free, same meat, same tase, no frills.... When I'm hungry, I know where I'll go.
                This is the problem vast majority of the problem. It sucks but unfortunately those who chose the anti-piracy route are fighting an uphill battle. Things are stacked against you. The only solution available is to innovate and provide better value to potential customers. Tube sites are currently doing that.

                If you want to compete, focus on higher quality content, more relevant content, and make the user experience easier for them. If you provide something tube sites don't then you will get some customers. If you don't then why would you expect otherwise?

                Brandon Stills
                Industry and programming veteran
                [email protected] | skype: brandonstills | ICQ #495-171-318

                Comment

                • Paul Markham
                  Too old to care
                  • Jun 2001
                  • 52942

                  #108
                  Originally posted by bjlover
                  wasnt you begging here a few years ago because you didn't even have a bank account? when your wife had an accident, you was asking people to pay you by epassporte because you didnt even have a bank account?

                  so your a great business man, with 8 staff, 3,500 studio, retired, loads of money.

                  but you dont even have a bank account

                  you should stop believing your own bullshit. Thats why you are 60, been in porn for 30 years, living in eastern europe and have no life off gfy
                  We have and had a bank account. You obviously never read the threads properly. When Eva had her accident she was in a coma for 10 day. It was then that I found out she was the one with the power to take money out of the bank to pay ppeople like our staff, studio rent, servers, etc.

                  So I asked on the boards if anyone wanted to buy content I was open to any deal. Wasn't begging for charity.

                  Stop and read for a couple of minutes to why I live here.

                  In our market, the magazines, every once in a while a girl like Jana Cova turns up. These girls are a goldmine for a shooter like us. Each single set of a girl like this is easily worth $3,000. Without second rights, EU, AU and Japan sales. Shoot 10 and do the maths. $30,000 from the initial sales in the US and UK.

                  Driving back and forth to Czech we risk someone else getting that great girls and the $30,000 for 5 days work. Living here we don't need to rely on agents, we find our own girls before the agents get them.

                  In my last 10 years in England 4 girls turned up of that level. Of my last 10 years shooting here 2 a year turned up. Do the maths. Add all the other girls who turn up. Even on a good casting in Prague we could shoot 10 Readers Wives" sets that make $400 each. $4,000 from a casting.

                  Plus I have a Czech wife and her family. My Mother and Brother lived in the US. I have a daughter who I would prefer that she gets educated here and learns the values they have here in Czech. They're more polite and less aggressive than the UK. And they both want to live here. I have a family so have to consider their wishes.

                  Plus I actually like living here. Less crime, less aggravation, easier pace of life, people are friendlier and more polite. I like living here and to be honest don't want to come back to the UK except to visit.

                  But you can think what you like.



                  Blowout deal. 880 videos, 2,400 image sets, plus many RAW videos. $500.
                  PM me for a deal. Skype Paulmarkham70

                  Comment

                  • Paul Markham
                    Too old to care
                    • Jun 2001
                    • 52942

                    #109
                    Originally posted by Roald
                    Maybe he looked up your magic join link source code and got bookings that way?
                    He is a magician, so that would be logical.



                    Blowout deal. 880 videos, 2,400 image sets, plus many RAW videos. $500.
                    PM me for a deal. Skype Paulmarkham70

                    Comment

                    • Paul Markham
                      Too old to care
                      • Jun 2001
                      • 52942

                      #110
                      Originally posted by ottopottomouse
                      Yes prices in London are a bit mental but you might be a bit behind on the rest of current UK prices though. £130K seems to be the market value of something like Damian's hovel in Brighton.
                      Shit no wonder I'm happier here.

                      I did originally think he was buying the flat. Then found out via another poster on B&B that he only rented. Shocked me as I thought he could afford more. Obviously I was wrong.



                      Blowout deal. 880 videos, 2,400 image sets, plus many RAW videos. $500.
                      PM me for a deal. Skype Paulmarkham70

                      Comment

                      • stocktrader23
                        Let's do some business.
                        • Jan 2003
                        • 18781

                        #111
                        Originally posted by Rochard
                        Your wrong. People are being sued by the music industry because they downloaded music illegally from a copy filing site, which was traced back to them using their IP. Most of them just settled out of court.

                        http://news.blogs.nytimes.com/2007/1...sharing-music/
                        http://www.foxnews.com/story/0,2933,96797,00.html

                        This article claims they've sued twenty-six thousand people for uploading, downloading, and otherwise sharing music online:
                        http://marketplace.publicradio.org/d...goes_to_court/
                        http://www.digitaljournal.com/article/274415

                        I understand what your saying. If you trace something back to my IP address it doesn't mean that I physically did something - it means someone at my house did. But to sue someone, you don't have fucking prove anything. Your suing someone, not proving innocence or guilt. Just like a photo traffic ticket - They trace the car to owner via the license plate, and thus send the ticket to the owner of the car.

                        Sorry, the music industry is going after people. The movie industry is going to start to. Fuck, the gaming industry is pissed off that people can download their game before it hits store shelves. And the porn industry will start suing people too.
                        I'm sure someone has corrected you already but downloading music will not make anyone get sued just like looking at an illegally shared image right here on GFY. If someone were so stupid to sue someone simply for downloading they would be laughed out of court.

                        The media doesn't report this shit right but as you can see from your article the 12 year old used Kazaa. By default, when you download a song it goes in a folder that lets others download it from you. They are not suing people for simply downloading just like they can't sue you for listening to the same song on a stolen YouTube video.


                        Hands Free Adult - Join Once, Earn For Life

                        "I try to make a habit of bouncing my eyes up to the face of a beautiful woman, and often repeat “not mine” in my head or even verbally. She’s not mine. God has her set aside. She’s not mine. She’s His little girl, and she needs me to fight for her by keeping my eyes where they should be."

                        Comment

                        • Paul Markham
                          Too old to care
                          • Jun 2001
                          • 52942

                          #112
                          Originally posted by Agent 488
                          i wonder the same thing, but ip location is used to secure cp prosecutions every day.
                          I think the IP address is used to secure a search warrant. The evidence is secured in the search. CP is criminal. Copyright is civil. Different rules and the police get involved in crimes like CP.



                          Blowout deal. 880 videos, 2,400 image sets, plus many RAW videos. $500.
                          PM me for a deal. Skype Paulmarkham70

                          Comment

                          • stocktrader23
                            Let's do some business.
                            • Jan 2003
                            • 18781

                            #113
                            By the way Rochard, yes you can sue anyone you want in the USA. Want to know what you can't do though? Sue EVERYONE with just an IP address and shit for proof and get away with it for long. If you don't think they will clamp down on spamming lawsuit threats you are crazy. Also, the comments Steve has made here are enough to get him and his lawyer in a world of hurt. I'm still in schock that he had the balls to post details of his blame and shame campaign here, I assure you that a judge would not be pleased with it.

                            http://ask.metafilter.com/79838/Has-...nloading-music


                            Hands Free Adult - Join Once, Earn For Life

                            "I try to make a habit of bouncing my eyes up to the face of a beautiful woman, and often repeat “not mine” in my head or even verbally. She’s not mine. God has her set aside. She’s not mine. She’s His little girl, and she needs me to fight for her by keeping my eyes where they should be."

                            Comment

                            • borked
                              Totally Borked
                              • Feb 2005
                              • 6284

                              #114
                              Originally posted by brandonstills
                              This is the problem vast majority of the problem. It sucks but unfortunately those who chose the anti-piracy route are fighting an uphill battle. Things are stacked against you. The only solution available is to innovate and provide better value to potential customers. Tube sites are currently doing that.

                              If you want to compete, focus on higher quality content, more relevant content, and make the user experience easier for them. If you provide something tube sites don't then you will get some customers. If you don't then why would you expect otherwise?
                              Why are those that chose the anti-piracy route fighting an uphill battle? All I can infer from that is you say "fuck it, my content is going to get pirated but so what - I'll ship out better content in the members area so they'll come back". That really is a losing battle if so. Stop your content from being pirated in the first place, then you take your content out of the equation. Images notwithstanding.

                              If, and this is a purely hypothetical if, the entire industry never allowed downloadable videos. Where would the illegal tubes be?

                              This won't happen because of the same insecurity that exists - my competitor(s) allows downloads, so I have to. Maybe true. But the other side of the coin says - if my content is good, then I will only sell to people that only allow secured streams. Then your content becomes virtually valuable, since it isn't on the tubes. And who knows what that can bring - time (if given a chance) will only tell.

                              For coding work - hit me up on andy // borkedcoder // com
                              (consider figuring out the email as test #1)



                              All models are wrong, but some are useful. George E.P. Box. p202

                              Comment

                              • stocktrader23
                                Let's do some business.
                                • Jan 2003
                                • 18781

                                #115
                                One more thing on download only lawsuits.

                                This is in regards to noncommercial copyright infringement.

                                "There are four essential elements required to prove felony copyright infringement: (1) that a registered copyright exists, (2) that the defendant infringed by reproduction or distribution of the copyrighted work, (3) that the defendant acted willfully and (4) that the works infringed were at least 10 copies of one or more copyrighted works with a total value of $2,500 within a 180-day period. Willfulness continues to be a very illusive concept, but the statute provides no definition. Case law illustrates that certain type of evidence generally is relevant to prove that defendant’s conduct was willful. For example, that the defendant had legal notice that conduct similar to his was infringement or that he had actual notice that his conduct was illegal."

                                http://www.unc.edu/~unclng/copy-corner66.htm


                                Hands Free Adult - Join Once, Earn For Life

                                "I try to make a habit of bouncing my eyes up to the face of a beautiful woman, and often repeat “not mine” in my head or even verbally. She’s not mine. God has her set aside. She’s not mine. She’s His little girl, and she needs me to fight for her by keeping my eyes where they should be."

                                Comment

                                • will76
                                  Making $$$$ w/ ClickCash
                                  • May 2003
                                  • 18037

                                  #116
                                  Originally posted by Rochard
                                  Generally speaking in the US if you get a ticket it means you speak directly to the police officer, and they check your ID.

                                  If it's a photo ticket, you get the ticket in the mail. Again, at that point, you either pay the fine or show up in court and prove it wasn't you. Same thing with a parking ticket. If your friend drives your car into the city and gets a parking ticket, you get the ticket in the mail afterwards. Again, either pay the fine or prove it wasn't you - and good luck proving it wasn't you.

                                  It's no different than with someone downloading content. Someone using a computer as this IP address that traces back to your house downloaded content illegally without paying for it, and someone is responsable - most likely the owner of the computer or maybe even the person who pays the cable connection.

                                  It's just like finding drugs in your house. If the cops raid my house and find a stash of drugs and I can't tell them who it belongs to, they arrest the owner of your house.
                                  Exactly, also like pulling someone over and there is drugs found in the car, the driver gets nailed with it almost all the time even if it was one of the passengers who hide it under the seat. The examples can go on and on. The ip going back to the owner is really no different. If it isn't the person who pays the internet bill then chances are it is someone in the house or that they know. At that point the guilty part will step up or be outed by the person being accused. If someone really didn't do it I would hope they would fight it and either turn in the person who did or defend themselves if they really weren't behind it.

                                  I can guarantee you if someone hacked my connection and downloaded some videos I would fight it and win. 9 out of 10 times the guilty party either settles or ignores it because they know they were guilty. The people who respond back vigerously that they really didn't do it and that they will fight them or make them prove their case in court will probably never get sued.

                                  Remember, these attorneys get paid on contingency and they are dealing with large volumes here. The time, resources and money it takes to drag one person to court and try to prove it they could have made 1000x more money from getting 100s of people to settle. Its a numbers game, they don't want to go to court any more than you do. Its like they are shooting at a flock of birds with a shot gun, not a pistol. So what if they miss a few its just too easy to point the shot gun up and pull the trigger and hit 100 than it is to take the time to aim a pistol and try to shoot them out of the sky one at a time.
                                  Last edited by will76; 11-25-2010, 05:06 PM.
                                  ICQ: 86364801 Email: will [at] innovativeassets [dot] com

                                  PROGRAM SHIT LIST - DO NOT PROMOTE (click link for gfy thread)
                                  FNCash | Media Revenue

                                  Comment

                                  • stocktrader23
                                    Let's do some business.
                                    • Jan 2003
                                    • 18781

                                    #117
                                    Originally posted by will76
                                    Exactly, also like pulling someone over and there is drugs found in the car, the driver gets nailed with it almost all the time even if it was one of the passengers who hide it under the seat. The examples can go on and on. The ip going back to the owner is really no different. If it isn't the person who pays the internet bill then chances are it is someone in the house or that they know. At that point the guilty part will step up or be outed by the person being accused. If someone really didn't do it I would hope they would fight it and either turn in the person who did or defend themselves if they really weren't behind it.

                                    I can guarantee you if someone hacked my connection and downloaded some videos I would fight it and win. 9 out of 10 times the guilty party either settles or ignores it because they know they were guilty. The people who respond back vigerously that they really didn't do it and that they will fight them or make them prove their case in court will probably never get sued.

                                    Remember, these attorneys get paid on contingency and they are dealing with large volumes here. The time, resources and money it takes to drag one person to court and try to prove it they could have made 1000x more money from getting 100s of people to settle. Its a numbers game, they don't want to go to court any more than you do. Its like they are shooting at a flock of birds with a shot gun, not a pistol. So what if they miss a few its just too easy to point the shot gun up and pull the trigger and hit 100 than it is to take the time to aim a pistol and try to shoot them out of the sky one at a time.
                                    Sigh.

                                    1) There are specific laws in SOME states that make the owner of a car responsible, even if they weren't the ones driving.

                                    2) Drugs in your house or car gets you charged with possession, not ownership. There is no similar law for owning an IP used to download copyrighted material as far as I know.

                                    3) You are correct in that the people shooting the shotgun don't want to go to court. The reason for this is that it is a losing proposition since they would then be forced to prove something that is nearly impossible to prove. The entire point that DamianJ made is that when you take this shotgun approach innocent people are guaranteed to be involved. The courts do not like this kind of blanket bullshit and they are already challenging it in courts outside of the USA. I linked to an article that shows someone was barred from practicing law for 6 months for similar bullshit. Steve has publicly stated that this is all about blame and shame, he wants them to pay or face exposure. How do you think THAT would go over in a court of law if someone brought it up? If you think it will gain him any sympathy from the legal system you are crazy.


                                    Hands Free Adult - Join Once, Earn For Life

                                    "I try to make a habit of bouncing my eyes up to the face of a beautiful woman, and often repeat “not mine” in my head or even verbally. She’s not mine. God has her set aside. She’s not mine. She’s His little girl, and she needs me to fight for her by keeping my eyes where they should be."

                                    Comment

                                    • gideongallery
                                      Confirmed User
                                      • Aug 2003
                                      • 7082

                                      #118
                                      Originally posted by stocktrader23
                                      I'm sure someone has corrected you already but downloading music will not make anyone get sued just like looking at an illegally shared image right here on GFY. If someone were so stupid to sue someone simply for downloading they would be laughed out of court.

                                      The media doesn't report this shit right but as you can see from your article the 12 year old used Kazaa. By default, when you download a song it goes in a folder that lets others download it from you. They are not suing people for simply downloading just like they can't sue you for listening to the same song on a stolen YouTube video.
                                      actually there are, because the evidence collect doesn't provide proof of any other download but the one that was committed under the authority of the record company, they infer the other downloads (basically get them convicted of the download, and pump the damages based on the infered losses)

                                      btw that one of the main reasons i know this is a precedent destroying case, and not a get the girl off case, they would have addressed this abuse a long time ago if they wanted this issue settled.

                                      “When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak

                                      Comment

                                      • gideongallery
                                        Confirmed User
                                        • Aug 2003
                                        • 7082

                                        #119
                                        Originally posted by stocktrader23
                                        One more thing on download only lawsuits.

                                        This is in regards to noncommercial copyright infringement.

                                        "There are four essential elements required to prove felony copyright infringement: (1) that a registered copyright exists, (2) that the defendant infringed by reproduction or distribution of the copyrighted work, (3) that the defendant acted willfully and (4) that the works infringed were at least 10 copies of one or more copyrighted works with a total value of $2,500 within a 180-day period. Willfulness continues to be a very illusive concept, but the statute provides no definition. Case law illustrates that certain type of evidence generally is relevant to prove that defendant?s conduct was willful. For example, that the defendant had legal notice that conduct similar to his was infringement or that he had actual notice that his conduct was illegal."

                                        http://www.unc.edu/~unclng/copy-corner66.htm
                                        your mixing felony copyright infringement which is the criminal statutes and the civil liablities.

                                        you might want to get a better lawyer, none of these lawsuits are criminal procecution, that section was designed for the guys making and selling counterfeit copies of dvd on the street corner.

                                        “When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak

                                        Comment

                                        • stocktrader23
                                          Let's do some business.
                                          • Jan 2003
                                          • 18781

                                          #120
                                          Originally posted by gideongallery
                                          actually there are, because the evidence collect doesn't provide proof of any other download but the one that was committed under the authority of the record company, they infer the other downloads (basically get them convicted of the download, and pump the damages based on the infered losses)

                                          btw that one of the main reasons i know this is a precedent destroying case, and not a get the girl off case, they would have addressed this abuse a long time ago if they wanted this issue settled.
                                          Please clarify the first sentence. There are what?


                                          Hands Free Adult - Join Once, Earn For Life

                                          "I try to make a habit of bouncing my eyes up to the face of a beautiful woman, and often repeat “not mine” in my head or even verbally. She’s not mine. God has her set aside. She’s not mine. She’s His little girl, and she needs me to fight for her by keeping my eyes where they should be."

                                          Comment

                                          • stocktrader23
                                            Let's do some business.
                                            • Jan 2003
                                            • 18781

                                            #121
                                            Originally posted by gideongallery
                                            your mixing felony copyright infringement which is the criminal statutes and the civil liablities.

                                            you might want to get a better lawyer, none of these lawsuits are criminal procecution, that section was designed for the guys making and selling counterfeit copies of dvd on the street corner.
                                            Sir, for starters I don't need a lawyer for anything to do with copyright infringement.

                                            That out of the way, I specifically quoted the part that is for noncommercial infringement. I did not want to paste a wall of text here but will do so now.

                                            The most recent amendment to criminal copyright infringement was the No Electronic Theft Act of 1997 (NetAct) which made it a felony to reproduce or distribute copies of copyrighted works electronically regardless of whether the defendant had a profit motive. Thus, it changed the 100-year standard regarding profit motive but retained the element of willfulness. The ease of infringement on the Internet was the primary reason for criminalizing noncommercial infringement as well as recognition of other motivations a nonprofit defendant might have such as anti-copyright or anti-corporate sentiment, trying to make a name in the Internet world and wanting to be a cyber renegade. So, the infringement must be either: (1) for purposes of commercial advantage or private financial gain or (2) involve the reproduction or distribution of one or more copies of a work or works within a 180-day period with a total retail value of $1,000. Commercial infringers are subject to higher penalties, however. A commercially motivated infringer can receive up to a five-year federal prison term and $250,000 in fines; a noncommercial willful infringer is subject to up to a one-year prison term and $100,000 in fines. The prison term maximum for repeat infringers is up to 10 years for commercially motivated ones and up to six years for noncommercial infringers.

                                            Copyright infringers may be sued both civilly and prosecuted criminally for the same infringing act. In cases where the alleged infringer has few assets that a copyright owner might recover in a civil suit, the owner may seek to have the government prosecute the infringer as a criminal. In addition to the different remedies and penalties, there are other differences between civil and criminal copyright suits, although the underlying infringing activity may be the same. For example, the civil statute of limitations is three years; it is five years for a criminal prosecution. The burden of proof for copyright infringement in a civil suit is ?preponderance of the evidence? while it is ?beyond a reasonable doubt? for criminal copyright infringement. For civil remedies, it is the copyright owner who brings suits; for criminal penalties it is the federal prosecutor who litigates the case.


                                            Hands Free Adult - Join Once, Earn For Life

                                            "I try to make a habit of bouncing my eyes up to the face of a beautiful woman, and often repeat “not mine” in my head or even verbally. She’s not mine. God has her set aside. She’s not mine. She’s His little girl, and she needs me to fight for her by keeping my eyes where they should be."

                                            Comment

                                            • RycEric
                                              Confirmed User
                                              • Apr 2009
                                              • 1313

                                              #122
                                              All the IP lawyers in this thread

                                              Comment

                                              • Barry-xlovecam
                                                It's 42
                                                • Jun 2010
                                                • 18083

                                                #123
                                                Originally posted by gideongallery
                                                read the case moron
                                                1. she lost
                                                2. see 1
                                                Last edited by Barry-xlovecam; 11-25-2010, 08:57 PM.

                                                Comment

                                                • Barry-xlovecam
                                                  It's 42
                                                  • Jun 2010
                                                  • 18083

                                                  #124
                                                  Criminal Copyright Infringement—17 U.S.C. § 506(a) and 18 U.S.C. § 2319

                                                  The principal criminal statute protecting copyrighted works is 17 U.S.C. § 506(a), which provides that "[a]ny person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain" shall be punished as provided in 18 U.S.C. § 2319. Section 2319 provides, in pertinent part, that a 5-year felony shall apply if the offense "consists of the reproduction or distribution, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, with a retail value of more than $2,500." 18 U.S.C. § 2319(b)(1).
                                                  *"distribution" would include any website offering infringing content for download. Of course, this is US law and the government would have to be motivated to indict. I can think of political reasons to or not to indict and prosecute.
                                                  Last edited by Barry-xlovecam; 11-25-2010, 09:13 PM.

                                                  Comment

                                                  • gideongallery
                                                    Confirmed User
                                                    • Aug 2003
                                                    • 7082

                                                    #125
                                                    Originally posted by Barry-xlovecam
                                                    1. she lost
                                                    2. see 1
                                                    your using that case to argue that ip address is enough to identify the person as the infringer.

                                                    from a case where they clearly did a lot more than use her ip address to identifier

                                                    that like saying we should convict people on charges on murder if they own blue cars because cops were able to catch a murder who drove a blue car after doing all the investigation to successfully prove he commited the crime.

                                                    from the transcript your ignoring.

                                                    Q. Based on all of the data that you saw, Dr. Jacobson, do
                                                    you have an opinion as to whether a wireless router was
                                                    being used in this case?
                                                    A. There was no wireless router used in this case.
                                                    Q. And that's based on all the reasons you described?
                                                    A. Yes.
                                                    Q. There is no private IP address, is there?
                                                    A. Correct.
                                                    Q. So -- and you were sitting in the courtroom for much of
                                                    the afternoon?
                                                    A. Yes.
                                                    Q. So there was no one outside the window who was, you
                                                    know, accessing a computer in Ms. Thomas's house through a
                                                    wireless router; is that right?
                                                    there is 23 pages of testimony going over how the ip address was assigned to a computer connected directly to the modem.

                                                    someone would have had to break in to the house and login as jamie and do the downloading for it to be someone else doing it.

                                                    like i said if this was intended to get her off they would have dropped that arguement and gone instead to the fair use arguements.

                                                    this is about knocking down legal precedents and keeping the appeals processes alive.

                                                    nothing within this case justifies the arguement that identifying the ip address is enough to find/accuse them of being guilty.

                                                    it a catch 22 but you need to violate/have someone give up their privacy rights to be able to get the proof.

                                                    “When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak

                                                    Comment

                                                    • gideongallery
                                                      Confirmed User
                                                      • Aug 2003
                                                      • 7082

                                                      #126
                                                      Originally posted by gideongallery
                                                      your using that case to argue that ip address is enough to identify the person as the infringer.

                                                      from a case where they clearly did a lot more than use her ip address to identifier

                                                      that like saying we should convict people on charges on murder if they own blue cars because cops were able to catch a murder who drove a blue car after doing all the investigation to successfully prove he commited the crime.

                                                      from the transcript your ignoring.



                                                      there is 23 pages of testimony going over how the ip address was assigned to a computer connected directly to the modem.

                                                      someone would have had to break in to the house and login as jamie and do the downloading for it to be someone else doing it.

                                                      like i said if this was intended to get her off they would have dropped that arguement and gone instead to the fair use arguements.

                                                      this is about knocking down legal precedents and keeping the appeals processes alive.

                                                      nothing within this case justifies the arguement that identifying the ip address is enough to find/accuse them of being guilty.

                                                      it a catch 22 but you need to violate/have someone give up their privacy rights to be able to get the proof.
                                                      as borked pointed out

                                                      Yes, but that is just used to corroborate something when applied with more pertinent evidence. 1+2+3+4+5=15, not 5=15

                                                      5=15 is the entire case in all these letters...
                                                      which is the point i am making your using a case where they did all the ungodly amount of research, had a women self violate her privacy rights by handing over the computer to be analysed.

                                                      it no where close to pay up because we got your ip address blackmail letter being sent out by the lawyers.

                                                      “When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak

                                                      Comment

                                                      • Dirty Dane
                                                        Sick Fuck
                                                        • Feb 2004
                                                        • 9491

                                                        #127
                                                        I thought the users were sued. Not their IP.

                                                        Comment

                                                        • will76
                                                          Making $$$$ w/ ClickCash
                                                          • May 2003
                                                          • 18037

                                                          #128
                                                          Originally posted by RycEric
                                                          All the IP lawyers in this thread
                                                          gideon and stockbroker should go start their own firm.
                                                          ICQ: 86364801 Email: will [at] innovativeassets [dot] com

                                                          PROGRAM SHIT LIST - DO NOT PROMOTE (click link for gfy thread)
                                                          FNCash | Media Revenue

                                                          Comment

                                                          • DamianJ
                                                            Too lazy to set a custom title
                                                            • Jul 2006
                                                            • 15808

                                                            #129
                                                            Originally posted by Rochard
                                                            Your


                                                            Originally posted by Rochard
                                                            the biggest fucking idiot on this board.
                                                            Excellent start to presenting your, I am sure, brilliantly thought out reply. Let's see how you justify your approval of this quasi-blackmail...

                                                            (Btw, when calling someone a fucking idiot, make sure you don't make really elementary grammar mistakes. You're/your isn't hard.)

                                                            Originally posted by Rochard
                                                            Of course you can sue based on IP address. An IP is clearly proof - it says "someone from this location at this date at this time hit this server and illegally downloaded this content".
                                                            It sounds like you actually believe that, which is sweet.

                                                            Rochard here are four reasons you are horribly, painfully wrong:

                                                            1) spoofing IP addresses
                                                            2) open wifi
                                                            3) relatives/friends coming over and borrowing your wifi
                                                            4) landlord including cable as part of house rental to 6 students

                                                            Most important thing, however, is that not a single case has ever gone to court. And they never will. Lightspeed and ACS Law both boast that going to court isn't the endgame. That cash is.

                                                            This is NOTHING to do with stopping copyright infringement, it is about making money.

                                                            Originally posted by Rochard
                                                            No different than an IP address. You can be sued for it, and then it's up to you pay the fine or prove them wrong in court.
                                                            But Rochard, you brainiac you, why has a SINGLE case never ever gone to court? I will tell you. The people that challenge the quasi-blackmail letters never get taken to court! All they do is write a letter back saying FUCK YOU SUE ME. And that is the end of it.

                                                            This has been going on for YEARS in the UK. Not a single case in court. Ever. Been going on for some time in the US, a very letigious country, and not a single court case.

                                                            Just have a THINK before you post.


                                                            Originally posted by Rochard
                                                            My god, the fucking entry level in this industry is set very low.
                                                            Yeah some people actually throw their toys out of the pram and say they will never ever post on a forum again and then come back pretending to forget they ever said that. Can you imagine!
                                                            Last edited by DamianJ; 11-26-2010, 01:25 AM.

                                                            Comment

                                                            • DamianJ
                                                              Too lazy to set a custom title
                                                              • Jul 2006
                                                              • 15808

                                                              #130
                                                              Originally posted by Paul Markham
                                                              I think suing pirates is great because it teaches them the consequences of their actions.
                                                              That isn't what we are talking about. We are talking about suing IP addresses. If you could sue pirates with proof I would be right with you. But you can't. And it doesn't teach them a lesson, because no case has gone to court.

                                                              Originally posted by Paul Markham
                                                              How do people book you for magic via a page that doesn't work? I wish I had found that link earlier and done a screen grab.
                                                              Because damianjennings.com isn't my magic booking site, love. Another mystery solved.

                                                              PLEASE explain why you think me getting paid to do magic will embarrass me. Please. I am just so darn curious about what you think is shameful about it?

                                                              Comment

                                                              • ottopottomouse
                                                                She is ugly, bad luck.
                                                                • Jan 2010
                                                                • 13177

                                                                #131
                                                                Originally posted by Tjeezers
                                                                lot of people post in threads like this to boost their own ego`s, acting like the Godfathers of porn. Yet, non of them I read have actually impressed me with something I dont know, or they never did anything that really amazed me. Of course, when people post here to boost their ego, they dont give a shit what others think, they like to think about what they said when reading it back. Sad sad sad... Wake up people, no one gives a shit what you think or achieved.

                                                                NO one cares about what you fight against, if you where almost RIP or not,, no one needs to know you can get Jumbo Loans cause your so fucking good, no one cares about your fucking coin collection that was lost for so many years.

                                                                I am here cause i need to wait for uploading, and hope to read one day something that would change my fucking day. Until now i am inspired to learn how to smoke crack and how to avoid law suites... Shame on u all ya bitches and happy thanks giving btw
                                                                Careful. Someone will put you on ignore and flounce off to boast elsewhere
                                                                ↑ see post ↑
                                                                13101

                                                                Comment

                                                                • Paul Markham
                                                                  Too old to care
                                                                  • Jun 2001
                                                                  • 52942

                                                                  #132
                                                                  Originally posted by DamianJ
                                                                  That isn't what we are talking about. We are talking about suing IP addresses. If you could sue pirates with proof I would be right with you. But you can't. And it doesn't teach them a lesson, because no case has gone to court.
                                                                  Bit early for cases to go to court. But cases of copyright infringement for music have gone to court and the results are in the thread. The accused is welcome to choose the court route anytime they wish.


                                                                  Because damianjennings.com isn't my magic booking site, love. Another mystery solved.

                                                                  PLEASE explain why you think me getting paid to do magic will embarrass me. Please. I am just so darn curious about what you think is shameful about it?
                                                                  So why does the domain appear in the advert? Time to update the advert.

                                                                  I never said doing magic for money should embarrass you. You're saying that. I just showed everyone the advert and the site that doesn't work.

                                                                  Of course the http://www.pornbeer.com site works and shows so much about you.

                                                                  Such an elegant, entertaining, magical and not cheesy guy.



                                                                  Blowout deal. 880 videos, 2,400 image sets, plus many RAW videos. $500.
                                                                  PM me for a deal. Skype Paulmarkham70

                                                                  Comment

                                                                  • stocktrader23
                                                                    Let's do some business.
                                                                    • Jan 2003
                                                                    • 18781

                                                                    #133
                                                                    Originally posted by paul markham
                                                                    bit early for cases to go to court. But cases of copyright infringement for music have gone to court and the results are in the thread. The accused is welcome to choose the court route anytime they wish.
                                                                    Seriously folks, for the love of fucking christ. Cases of making files available to others have gone to court. Show me one case of someone downloading only that has gone to court. I'm not saying it hasn't happened for fact but I've never seen it and i seriously doubt it has happened due to the 47 reasons posted here by multiple people.
                                                                    Last edited by stocktrader23; 11-26-2010, 03:07 AM.


                                                                    Hands Free Adult - Join Once, Earn For Life

                                                                    "I try to make a habit of bouncing my eyes up to the face of a beautiful woman, and often repeat “not mine” in my head or even verbally. She’s not mine. God has her set aside. She’s not mine. She’s His little girl, and she needs me to fight for her by keeping my eyes where they should be."

                                                                    Comment

                                                                    • DamianJ
                                                                      Too lazy to set a custom title
                                                                      • Jul 2006
                                                                      • 15808

                                                                      #134
                                                                      Originally posted by Paul Markham
                                                                      Bit early for cases to go to court. But cases of copyright infringement for music have gone to court and the results are in the thread. The accused is welcome to choose the court route anytime they wish.
                                                                      Jesus Christ Paul. That is for UPLOADING.

                                                                      I know you are old. But surely you can see the difference between uploading and downloading?

                                                                      There isn't one case that Davenport Lyons or ACS brought that has gone to court in 5 years. Isn't that enough time?

                                                                      The lawyers are now facing a hearing which will probably lead to them being disbarred. That is the point.

                                                                      Your opinion on the matter is moot. The people that decide whether lawyers can practise law think it is bad. That, Sir, is the point here.

                                                                      http://arstechnica.com/tech-policy/n...-lawyering.ars

                                                                      Originally posted by Paul Markham
                                                                      So why does the domain appear in the advert? Time to update the advert.
                                                                      Because it is a free listing on a directory, not a paid advert. No need to update it as it didn't give me any traffic. I didn't even know it was still there. I don't spend much time stalking myself.

                                                                      I have another site I get my magic bookings from. As I keep telling you. Although your quasi-concern is lovely.

                                                                      Originally posted by Paul Markham
                                                                      I never said doing magic for money should embarrass you.
                                                                      Why do you keep posting about it then?

                                                                      Originally posted by Paul Markham
                                                                      Of course the http://www.pornbeer.com site works and shows so much about you.

                                                                      Such an elegant, entertaining, magical and not cheesy guy.
                                                                      Thanks! You're a sweety!

                                                                      You bump constantly bump my threads and give me more external links. Cheers gramps!

                                                                      PS Up for the challenge about landing pages I keep posting and you keep pretending not to read like a massive coward?

                                                                      Comment

                                                                      • Paul Markham
                                                                        Too old to care
                                                                        • Jun 2001
                                                                        • 52942

                                                                        #135
                                                                        Originally posted by DamianJ
                                                                        I have another site I get my magic bookings from. As I keep telling you. Although your quasi-concern is lovely.
                                                                        So post it here, or not up to the challenge?

                                                                        I told you about the landing page idea. I'm waiting for you to show us the site that has a forum that doesn't have images until a surfer gives an email address. A fake forum of course that encourages the surfer to post and is initially trying to get the surfer to sign ups to a site.

                                                                        Did I explain it right?



                                                                        Blowout deal. 880 videos, 2,400 image sets, plus many RAW videos. $500.
                                                                        PM me for a deal. Skype Paulmarkham70

                                                                        Comment

                                                                        • DamianJ
                                                                          Too lazy to set a custom title
                                                                          • Jul 2006
                                                                          • 15808

                                                                          #136
                                                                          Originally posted by Paul Markham
                                                                          So post it here, or not up to the challenge?
                                                                          What challenge? Sorry your stalking skills are so bad you can't find it yourself.


                                                                          Originally posted by Paul Markham
                                                                          I told you about the landing page idea.
                                                                          No Paul, not that idea. We've all moved on from that. You think I am bad at landing pages, let's have a challenge. (This is the fourth time I've posted this here I think). We both make a landing page for a site using the same content. We split test it using google site optimiser. The person who makes the worst converting lander has to pay a grand to charity of choice of the winner.

                                                                          Up for it? Or will you pretend not to see this. Again.

                                                                          Anyway, back to the thread.

                                                                          Please explain why you think suing IP addresses without having proof a crime happened is good.

                                                                          Go on. I double dare you.

                                                                          Comment

                                                                          • Rochard
                                                                            Jägermeister Test Pilot
                                                                            • Dec 2001
                                                                            • 75733

                                                                            #137
                                                                            Originally posted by stocktrader23
                                                                            By the way Rochard, yes you can sue anyone you want in the USA. Want to know what you can't do though? Sue EVERYONE with just an IP address and shit for proof and get away with it for long. If you don't think they will clamp down on spamming lawsuit threats you are crazy. Also, the comments Steve has made here are enough to get him and his lawyer in a world of hurt. I'm still in schock that he had the balls to post details of his blame and shame campaign here, I assure you that a judge would not be pleased with it.

                                                                            http://ask.metafilter.com/79838/Has-...nloading-music
                                                                            Seems to me like they are doing it - over thirty thousand times. Using an IP address they can establish guilt (or the assumption of guilt) and sue everyone they "believe" who illegally downloaded content. Out of thirty thousand cases, only two failed to settle out of court.

                                                                            Your thinking "all they had was an IP address". The truth is that they sued the file sharing services and got IP addresses plus matching account info. Chances are they can match up an IP to the name, address, and email account of the end user.
                                                                            Herschel Savage
                                                                            Brooklyn, NY

                                                                            Comment

                                                                            • Agent 488
                                                                              Registered User
                                                                              • Feb 2006
                                                                              • 22511

                                                                              #138
                                                                              Rochard used to be lighspeed's bitch keep that in mind. explains a lot. must still have to use him as a reference.

                                                                              Comment

                                                                              • Slutboat
                                                                                Confirmed User
                                                                                • Sep 2008
                                                                                • 2388

                                                                                #139
                                                                                Originally posted by SteveLightspeed
                                                                                DamianJ, why do you always sound like such a bitter cunt?

                                                                                Exactly - maybe the dude is afraid of the mail he may be getting from you?
                                                                                The Slut Boat soon will be making another run
                                                                                The Slut Boat promises something for everyone

                                                                                Comment

                                                                                • Rochard
                                                                                  Jägermeister Test Pilot
                                                                                  • Dec 2001
                                                                                  • 75733

                                                                                  #140
                                                                                  Originally posted by DamianJ
                                                                                  It sounds like you actually believe that, which is sweet.

                                                                                  Rochard here are four reasons you are horribly, painfully wrong:

                                                                                  1) spoofing IP addresses
                                                                                  2) open wifi
                                                                                  3) relatives/friends coming over and borrowing your wifi
                                                                                  4) landlord including cable as part of house rental to 6 students
                                                                                  Your missing the point here. Your thinking they only have an IP address. They have so much more than that. They have an account at a file sharing service, they have their name, their address, their email address, and whatever other information required to get an account at one of the file sharing services. The IP address isn't the only thing they have, but instead the final nail in the coffin.
                                                                                  Herschel Savage
                                                                                  Brooklyn, NY

                                                                                  Comment

                                                                                  • Paul Markham
                                                                                    Too old to care
                                                                                    • Jun 2001
                                                                                    • 52942

                                                                                    #141
                                                                                    Originally posted by DamianJ
                                                                                    What challenge? Sorry your stalking skills are so bad you can't find it yourself.
                                                                                    Or maybe it doesn't exist. I'm sure no one here thinks that.

                                                                                    No Paul, not that idea. We've all moved on from that. You think I am bad at landing pages, let's have a challenge. (This is the fourth time I've posted this here I think). We both make a landing page for a site using the same content. We split test it using google site optimiser. The person who makes the worst converting lander has to pay a grand to charity of choice of the winner.

                                                                                    Up for it? Or will you pretend not to see this. Again.
                                                                                    I have no idea how to make a landing page, not a designer and never pretended to be one. I just know enough about marketing to recognise a shit idea in marketing.

                                                                                    Please explain why you think suing IP addresses without having proof a crime happened is good.

                                                                                    Go on. I double dare you.
                                                                                    Where did I say it was good to sue an IP address?

                                                                                    Go find it I double dare you. Not sure you can sue an IP address. Is it possible?

                                                                                    Originally posted by Slutboat
                                                                                    Exactly - maybe the dude is afraid of the mail he may be getting from you?
                                                                                    Probably spot on. But I doubt if many here can put up their hands and say they have never downloaded something that wasn't pirated. And don't fear getting a letter. Damian knows lots about how to hide an IP address.



                                                                                    Blowout deal. 880 videos, 2,400 image sets, plus many RAW videos. $500.
                                                                                    PM me for a deal. Skype Paulmarkham70

                                                                                    Comment

                                                                                    • Agent 488
                                                                                      Registered User
                                                                                      • Feb 2006
                                                                                      • 22511

                                                                                      #142
                                                                                      pual why do you always bully damien on the internets? serious question.

                                                                                      Comment

                                                                                      • DamianJ
                                                                                        Too lazy to set a custom title
                                                                                        • Jul 2006
                                                                                        • 15808

                                                                                        #143
                                                                                        Originally posted by Slutboat
                                                                                        Exactly - maybe the dude is afraid of the mail he may be getting from you?
                                                                                        Are you bipolar? Serious question.

                                                                                        One day you start a thread calling me a pirate.
                                                                                        The next day you start a thread apologising for calling me a pirate. (and everyone lolled at you)
                                                                                        And now you post in a thread insinuating I am a pirate again.

                                                                                        Fucking funny stuff.

                                                                                        Love you

                                                                                        xoxo

                                                                                        Comment

                                                                                        • Agent 488
                                                                                          Registered User
                                                                                          • Feb 2006
                                                                                          • 22511

                                                                                          #144
                                                                                          Originally posted by Agent 488
                                                                                          pual why do you always bully damien on the internets? serious question.
                                                                                          i mean paul. i think reading dvtime's posts has made me dyslexic.

                                                                                          Comment

                                                                                          • will76
                                                                                            Making $$$$ w/ ClickCash
                                                                                            • May 2003
                                                                                            • 18037

                                                                                            #145
                                                                                            Damian should go work for Piratebay's PR department.
                                                                                            ICQ: 86364801 Email: will [at] innovativeassets [dot] com

                                                                                            PROGRAM SHIT LIST - DO NOT PROMOTE (click link for gfy thread)
                                                                                            FNCash | Media Revenue

                                                                                            Comment

                                                                                            • DamianJ
                                                                                              Too lazy to set a custom title
                                                                                              • Jul 2006
                                                                                              • 15808

                                                                                              #146
                                                                                              Originally posted by Rochard
                                                                                              Your missing the point here.
                                                                                              *You're

                                                                                              Originally posted by Rochard
                                                                                              Your thinking they only have an IP address.
                                                                                              *You're


                                                                                              Originally posted by Rochard
                                                                                              They have so much more than that. They have an account at a file sharing service, they have their name, their address, their email address, and whatever other information required to get an account at one of the file sharing services. The IP address isn't the only thing they have, but instead the final nail in the coffin.
                                                                                              Who is THEY Rochard, my love?

                                                                                              This thread is about ACS: Law's lawyers facing a hearing for sending out letters to IP address owners for torrenting files. They certainly had no proof aside from a IP address. That is what I take issue with. As it isn't proof.

                                                                                              Thanks for playing though. You're sweet.

                                                                                              Comment

                                                                                              • DamianJ
                                                                                                Too lazy to set a custom title
                                                                                                • Jul 2006
                                                                                                • 15808

                                                                                                #147
                                                                                                Originally posted by Paul Markham
                                                                                                Or maybe it doesn't exist. I'm sure no one here thinks that.

                                                                                                That's right Paul! It doesn't exist! You've rumbled me!

                                                                                                Originally posted by Paul Markham
                                                                                                I have no idea how to make a landing page, not a designer and never pretended to be one. I just know enough about marketing to recognise a shit idea in marketing.
                                                                                                Right, I just assumed as you post so much about how to market a site you would be up for the challenge. I will lend you a designer. You just come up with the idea. How does that sound?

                                                                                                Or are you still too scared?

                                                                                                Originally posted by Paul Markham
                                                                                                Where did I say it was good to sue an IP address?
                                                                                                Oh gosh. YOu are teh funny today Paulie!

                                                                                                Really amusing stuff. Thanks for the bumps!

                                                                                                So you think it is BAD to sue an IP address?

                                                                                                You u-turn more than slutboat. People made more money before the internet. People made more money after the internet. Sending letters is good. Sending letters is bad. Is it your meds or were you always like this?

                                                                                                Brilliant fun today, gramps.

                                                                                                Comment

                                                                                                • Paul Markham
                                                                                                  Too old to care
                                                                                                  • Jun 2001
                                                                                                  • 52942

                                                                                                  #148
                                                                                                  Originally posted by Agent 488
                                                                                                  pual why do you always bully damien on the internets? serious question.
                                                                                                  Because he started the slagging match and I can give as good as I get. He's now the grammar policeman on GFY.




                                                                                                  Blowout deal. 880 videos, 2,400 image sets, plus many RAW videos. $500.
                                                                                                  PM me for a deal. Skype Paulmarkham70

                                                                                                  Comment

                                                                                                  • DamianJ
                                                                                                    Too lazy to set a custom title
                                                                                                    • Jul 2006
                                                                                                    • 15808

                                                                                                    #149
                                                                                                    Originally posted by will76
                                                                                                    Damian should go work for Piratebay's PR department.
                                                                                                    Yes, because running PR for the world's largest torrent site is just like pointing out that suing IP addresses is abhorrent.

                                                                                                    Come to Vegas, I am bringing buttons with DAMIAN IS AN COCKSUCKER on. You, slutboat, Rochard and Old Man Markham can each have one. It will be SUPER AWESOME!!!!111oneoneone
                                                                                                    Last edited by DamianJ; 11-26-2010, 08:24 AM.

                                                                                                    Comment

                                                                                                    • DamianJ
                                                                                                      Too lazy to set a custom title
                                                                                                      • Jul 2006
                                                                                                      • 15808

                                                                                                      #150
                                                                                                      Originally posted by Paul Markham
                                                                                                      I can give as good as I get
                                                                                                      No you can't.

                                                                                                      You post saying I live in a rented hovel.
                                                                                                      You post saying I am a magician.

                                                                                                      And I don't care about either of those things.

                                                                                                      That's it.

                                                                                                      That really isn't anywhere near as good as you get.

                                                                                                      Not even the same ballpark.

                                                                                                      But it's sweet you try. Keeps you off the streets.

                                                                                                      xoxox

                                                                                                      Comment

                                                                                                      Working...