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Old 05-07-2012, 01:54 PM  
raymor
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Join Date: Oct 2002
Posts: 3,745
There's a difference between a) proof beyond a reasonable doubt (criminal, CP), the preponderance of the evidence (civil, copyright), and clear and specific (for a subpeona).

The plaintiffs need not argue that an IP alone would be enough to WIN their case, only that it (along with the timestamp) specific enough to let the ISP find the record. It can then be used with other evidence. For example, once the plaintiff has the defendant's name, they can simply ask / imply and the defendant may admit that they comparef the copyright:

Plaintiff: I see that you downloaded Gothic Whores 2. I.hope you enjoyed it. You owe us $29.95 for that movie.

Defendant: Yeah, sorry. It WAS a good flick. Here's your $29.95.

or

Defendant: Fuck you, I'm not paying for that crap. Those weren't even real goth girls, just porn stars with their hair dyed.

Most may not admit it, but the point is, requesting a supeona for certain evidence doesn't mean there is isn't any other evidence and never will be any.
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