gideongallery

Following several legal setbacks, a Danish anti-piracy group which represents the music and movie industry, has announced that it will stop going after illegal file-sharers. The outfit came to this decision after it lost several court cases against alleged copyright infringers


http://torrentfreak.com/anti-piracy-...k-free-091107/


i wonder what going to happen when ip address doesn't identity infringer comes to countries like US.

Makes perfect sense technologically, i guess they should have sued a guy for stealing music after he died.

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d-null

since wifi can be open, how can they hold someone responsible based on IP address alone anyways?

Les Grossman

What a shame.

fatfoo

They know the ip address, but what else to they know? Let's say somebody hijacked someone's account, or someone else besides the owner is doing something on the computer. They can't really figure out who it is with just an ip address, can they?

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gideongallery

that the point, american courts don't seem to realize this simple fact
over and over again they have come to summary judgements in favor of the copyright holder just based on the evidence that an ip address committed the download.

that should never be considered valid for the reasons you just listed. They need to produce way more proof to get a judgement. (even summary judgements)

this country court system realizes that, america should realize that fact some time in the future too.

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Arnox

Good news.

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brassmonkey

pirate power!!

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TheSenator

I have an open wifi with a sniffer installed.

Its amazing how many people in my neighborhood surf on my network.

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d-null

what does the "sniffer" tell you?

Pleasurepays

they don't need any additional facts to award a summary judgment. those summary judgments happen because people don't show up to court to argue their case or defend themselves against the civil claim. all the plaintiff needs to do is make a claim.

now fuck off.

Jack Sparrow

People going after pirates get paid to shutup and go on with their lifes anyways..

gideongallery

bullshit
if i were to sue you because the sky wasn't red today, i would not win simply because you didn't show up.

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

Pleasurepays

ok.. i know you're a total fucking idiot and have a huge issue with authority and that is the true root of all your ranting, ... and that this is all futile.

if i sued you for damages for some event,... i.e. you hit my car and were uninsured, the court has the complaint, properly filed, a hearing is scheduled and you were properly served and you did not show... i would file a motion for a summary judgment. it would be up to the judge to grant it or not... and when its within reason and the damages are justifiable, it almost always is granted.

so shut the fuck up and crawl back under you rock

Major (Tom)

Question though.. How come an isp will shut you down for seeding a torrent?
Duke

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LoveSandra

Phallus Fondue

a judge has some responsibility to toss out something super fucking stupid, like yourself or the thought of a lawsuit against someone over the color of the sky. it would have no problems letting a copyright case though with IP address evidence since there could be additional evidence, the IP does go to your house and a 3rd party confirms it, blah blah. you can of course bring up your arguments like someone hacked your wireless account or whatever to give the jury doubt.

just because there is a albeit small chance that someone else could of done it, does not mean courts should throw out such a case if the person you are filing against does not show up. hell if that was the case nobody would show up. i know i would never show up to court if that was the case. there always is a small or even large chance that someone could of done something that i was being sued for and if i knew a judge would always throw out such cases. yeah fuck showing up.

ps i also agree with others. fuck off gideon. no clue who you are but you already come off like one of the rare over educated book smart ubber idiots who apply good facts with bad idea's and concepts. which is dangerous in such situations. you have the ability to confuse other idiots and the not so smart people to cling or agree to your concepts. reality is you need some real world life experience and less book smarts/written educational issues.

halfpint

This kinda thing was on the news over here in the UK There was a game company sending solicitors leters out to people who they thought were downloading a cracked copy of their game
They were asking foir £600.00 or something like that and some of the people they interviewed were fighting it in court. One guy even had his computer looked at by some specialist company that can find all sorts of shit on your computer even if its been deleted or formatted and they could not find any evidence of the game being downloaded to his ISP It was one big fuckup and it seems to have all disapeared from the news now.
But trying to convict people soley bassed on IPs is just so wrong and I cant see it working

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L-Pink

Can you pick the guy that's into time-shifting?






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gideongallery

so if i don't hire a lawyer spend at least a grand to defend myself i should be convicted of an infringement when the evidence has been explictly ruled to not be valid proof of guilt.

Get a fucking clue.

You should have a little more proof before you force someone to spend a shit load of money defending themselves.

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gideongallery

yeah but that the point
ip address should not be enought, using your analogy that is the equivalent of suing me for the damages to your car without the only evidence being that a traffic cam caught me speeding 3 blocks away.

you didn't get any proof that my car was damaged, you don't have witnesses, your ownly evidence is that i was close by.

i might have done it but you need to do a lot more digging before your allowed to win a summary judgement.

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

Pleasurepays

you have no clue how the courts work. no wonder your so baffled at all the laws and legal rulings and judgments.

since you dont seem to get it... let me once more try to help you. i'll consider it a public service.

when you don't go to court to argue your side... you have no argument. hence, the plaintiff goes for a summary judgment. that's it. that's where it starts and ends. you didn't show up to prove that there are no witnesses, evidence etc... and i showed up to claim that you did it, the complaint was formerly filed. you were then formally made aware of the complaint and proceedings against you (time, date, location, complaint, identity of plaintiff),.. i followed the letter of the law to bring it to this point and followed all procedure... and you, as the defendant, without good cause, elected not to partake in the process and where then judged and ruled against in absentia.

you seriously have no clue what you're talking about and you are a rambling idiot. personally, i'm a bit disappointed in myself for even taking the time to address you and would usually leave that to similar idiots like robbie since he seems to have no issue sinking to your level and wasting his time.

i however, think i'll take my own advice and leave you to continue to make an ass out of yourself before the few remaining people who don't think your an abject retard (should there be any left).

L-Pink

Nice simple explanation.

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Dirty Dane

lol... typical pro-pirates like Torrentfreak, and gideon, to conclude out of context.

This is about some few private persons who downloaded, but APG is not using much ressources on those cases anyway. They are focusing on more serious cases... Later, they also managed to block sites like pirate bay on DNS level here (a court decision), so it is kind of pointless to look at IPs anyway.

gideongallery

so your trying to claim that knowingly willingly and deliberately filing a false declaration about the validity of your evidence constitutes "following the letter of the law"

Moron the arguement is invalid on it face the higher court explictly ruled that an ip address is not proof of infringement

not only would it be an invalid arguement but it would be an ethics violation that could get a lawyer disbarred.

no competent judge would every say
" i know the higher court has ruled explictly that an ip address alone is not valid proof of guilt of copyright infringement, your entire arguement is based on violating the law and ignoring that ruling, but the guy didn't show up so fuck him let find him guilty anyway"

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L-Pink

: ...


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LoveSandra

Phallus Fondue

1. nobody is required to have a lawyer to show up and say not guilty, get legal help, or file a motion. Hell a lawyer is not even required to file a lawsuit on someone.
2. Yes if you do not defend yourself, file motions back, or show up to have a case dismissed on the grounds you feel it falls under. You = lost lawsuit and pay.
3. Civil suits are not the same as criminal suits, understand this concept. You may know a lot about copyright laws themselves and how they played out in the past. You seem to know nothing of how courts work.
4. Even in your car defense which is more elaborate than what is required in at the opening of a lawsuit (again civil not criminal). You still could be sued in such a situation with someone having almost no evidence about you or your car. That is why you would file a motion for dismissal. If you did not, you did not excessive your own rights and fucked yourself. Hope you enjoy paying off your judgement.

This thread just makes me happy. Was curious what your giant crack of weakness would be. Never thought it would be how the law really works. I just hope to god now that someone sues you and you do not show up on your beliefs on how shit should work.

Robbie

gideon...lower left!

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gideongallery

again your talking about knowingly filing a false claim of action against someone, no compentent judge would support that

if the legal system was that fucked up i could just use the law to legally extort money from you, filing bogus lawsuit after lawsuit until you paid me because if you didn't show up just once i would automatically win.


you have to be a world class moron to believe that the law can be abused to that degree.

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L-Pink

You dumb-ass false claims are filed everyday. What do you think bogus slip-and-falls are? And other popular insurance scams are?

What about delusional people like you that have convinced themselves they were wronged when clearly they aren't and file frivolous suits?

And just how does a judge know if something is bullshit or not?

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gideongallery

and when they get exposed as a bogus claim those bastards go to jail for fraud

did you read the post by pleasure he was arguing a summary judgement would stand even though the higher court explictly ruled that level of evidence was invalid proof of guilt.

your trying to argue that knowingly presenting a claim that you are guilty of copyright infringement because the ip address was assigned to that account, when the higher courts explictly ruled that was not adequate evidence is some how legitimate.

WTF.



we are not talking about an obscure case we are talking about a major news story that was syndicated to over 8352 sites . do you really believe judges are that incompetent.


this is why the need a triple damages counter claim for wrongful cases being filed, you guys are trying to argue in favor of deliberately filing bogus claims against people rather then do the necessary level of investigation.

__________________

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

After Shock Media

Um most of us would have no clue that IP's could not be used and a higher court threw them out as evidence. Since you do know, you could show up yourself or fuck not show up and just mail in your answer with a motion to dismiss stating what the precedent was.
Yes I know ignorance is not a defense legally, but it is not really a crime either.

To make it simple to keep the whole process moving along I will break it down to a 3rd grade level.

1. Someone sues you.
2. You get served, or they file to go on without you present.
3. You are supposed to reply with your answer and any pre trial motions.
4. Plaintiff can respond to you answer and any motions. If so you repeat 3 and 4.
5. Eventually trial. If you skipped 3-4 or stop replying, and do not show up you loose. They proceed with sentencing.
The end.

So in your IP case, you get served. You answer the fucking plaintiff through the proper format paperwork. You would say, IP addresses are not allowed to be used as evidence according to this higher court and case number. You attach a motion to dismiss.
If plaintiff does not have a good enough answer to yours, the judge will throw it out. *nobody will go to jail unless you can convince the judge they do this often and know better, even then it is not assured.
Now the judge does have the option of hearing the case anyways. Really up to him/her but rarely will they unless the plaintiff has a damn good argument.

Get it now?

Havent you ever heard of people using the courts to just financially ruin someone and they know they will not win? Hell the FBI even said "You can beat the wrap but not the ride". Understand what that means?

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Bossman

Read between the lines... they are sending the signal to the politicians that current laws are not good enough, and politicians will respond with new insane copyright laws.

You really think politicians are ready to sacrifice billion dollar industries and western cultural imperialism, because some kids found a way to share pirated content with the average joes?

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sex69

Probably what porn sites his neighbors surf

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gideongallery

again not the point i was making pleasure was claiming summary judgements happen automatically just because you don't show up no matter how bogus the complaint, no matter if the judge knows the case law.
we are talking about multiple higher court rulings which were well publized , so either the judge is incompetent or he is corrupt either way he would not stay on the bench long if he unilaterally ignored precedent.




using the metric of the RIAA the fair use economy is 4.3 trillion dollars, you think politicians are stupid enough to destroy industries 10 x as big just to protect the profits of entertainment industry, especially when you can monetize the traffic and turn it into the biggest money maker since the vcr (another so called piracy device that was also going to destroy the industry)

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Pleasurepays

you're so fucking stupid and insane, its unreal.

YOU think its a bogus claim you stupid fucking dickhead.

And there is a process to sort that out - in a court of law. that process requires both parties to show up and participate in that. when you don't show up, there is only one side to be heard and that's the complaint. that is THE ONLY EVIDENCE THE JUDGE HAS and that is what his decision is based on. Good God you're a fucking retard.

almost any civil claim is bullshit, you sorry moron. the very purpose of filing civil suits in this country is to force a settlement... not go to trial.

you have absolutely no clue what you are talking about and you are 100% wrong.

so fuck you, fuck your moronic, misguided and totally wrong point by point rants and fuck your support of piracy

gideongallery

bullshit the judge is not limited to the evidence that you presented only, he can consider any evidence or case law that he is aware of.


if the law worked the way you think it does, if you could deliberately hide facts (like the existance of the higher court ruling) and judge was forced to only judge based on evidence that was presented even when he knows about the coverup. The entire legal system would fall apart.

what would be the point of precedents if they only applied if presented
the appeals process could go on forever dragging the case thru an infinite number of retrials because the defendent "forgot" one case.

You are the one who doesn't understand the principle of the court system.

__________________

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

gideongallery

btw it not be that is claiming it is bogus it the higher court

which means it is a bogus claim

if you say that person at ip address is infringing your copyright that claim is completely and utterly bogus

Because the court ruled

That an ip address is not adequate proof of infringement, it only proves who paid for the service account it does not identify if that person actually did the illegal copying.

__________________

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

RadicalSights

The pirate bay are giggling like school girls

baddog

Fuck you.

You are an idiot . . . or a very good troll.

Agent 488

interesting example of someone living within a closed system.

Raf1

it's a shame these things are so hard to prove and the pirates are getting off free

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