kvrdave

I'm in the clear They must not track German scat porn.

Bandoman

So sue me.

4KRG

Clearly the correct path to follow would be to not sue you

see?? the opposite is correct again!

TomOpus

I looked back and those threads were from 2007 and 2008. You've been illegally downloading movies since then?

Bandoman

It worked! *fist pump*

roger_d

Goodness no. Started middle of last year and stopped it when i got the letters from my cable company.

The Bus

To be fair, he had a 14.4kbps connection.

Tarantino

I am a lawyer. Which movies did you download? It makes a gigantic difference in how bad they're going to rape you.

TomOpus

Youngsters of today will never know the sound of a successful connection...

TomOpus

Okay. Hopefully it's just a scare tactic and nothing comes from it. At least you stopped after getting notified.

madcougar

How can they actually prove you downloaded anything? Seriously?

Autotelik

What if someone used your IP address to download?

Out of curiosity, what was it that you downloaded that triggered the letter, and which TV/movie studio was it from?

wlmowery

I agree with all of the above, though 99% may be a tad high, especially if you are downloading from mainstream movie companies (the pron companies are less likely to follow through with litigation and seek the low hanging fruit of the quick settlers). Given what you have stated, you may be sued and you may receive a settlement demand letter for a substantial sum. You should really talk to a local lawyer who has knowledge of this area. Many will meet with you free for an initial consult.

wlmowery

This happens occassionally, but the tracking software they use is relatively good. I have seen claims of IP spoofing and ID theft have success, where there is reasonable supporting evidence.

But if Comcast receives a Subpoena request for IP 192.128.2.2 at 2234 GMT on 02/02/2011, they can determine which of their subscribers was assigned that number at that specific moment, so it then becomes tied to a subscriber name, the rightsholder will then be able to amend their complaint to add the subscriber as a named defendant (though as stated, this does not always happen), and if served with the complaint, the subscriber then has a substantial burden to show why/how the tie between the infringing activity and their Comcast assigned IP is not sufficient to warrant imposition of penalties. Even if you're successful, it may cost several thousands to tens of thousands of dollars to defend. This is why many just settle with the companies when offered a settlment price typically in the range of $2-5K (or perhaps more if they can show multiple and/or repeated infringment events).

Matthew Chmiel

The State of New York has already declared that a human being cannot be tied to an IP address. Other counties, cities, and states have been making similar rulings within the past few months/years.

Hell, most large "bit torrent" massive lawsuits have been getting thrown out as of late. Just look at The Expendables case from late last year. Another case a week or two later was thrown right out as well.

An IP address isn't substantial evidence, and judges realizes this, as there's a lot more factors that tie into play now.

Jules Winfield

The only lawyer I know is Bandodumb. I'm sure if I put on a suit and a bowtie, I can try faking it though. How hard can it be if Bandobutt does it?

wlmowery

Oh, I agree there are ways to defend. And "SOME" judges get it. But there are plenty of judges that can see the connection between a date/time stamped assigned IP and a subscriber. Enough that plenty of these cases get past the early dismissal/summary judgement process. As such, it often comes down to a cost analysis for the individual. Many times, and what I see most often, are relatively cash strapped college students who know they downloaded the content in question (or uploaded), and they don't have the time or money or brains to fight it. As a result, many settle. The hard thing is telling someone that I can fight it on their behalf and spend a minimum of $2-3K (and likely more in many situations) or they can settle for $3K.

As for where the law is going, I think IP addresses will be treated like other "locations". Tying a subscriber to an IP address may be enough to get them in the door to try and find other evidence of wrongdoing.

And the worst recommendation was to wipe or destroy the hard drive, as the law on e-discovery and spoilation of evidence has been clearly evolving over the last 10 years and someone who is found to have taken such steps after being warned of potential litigation is NOT going to like the consequences.

Matthew Chmiel

Like CISPA and other bills that have been trying to make their way through the House?

madcougar

My point is how do you PROVE that an actual download happened!

Navinabob

The Hurtlocker gal downloaded the movie herself, then copied all of the ip addresses listed that were uploading the movie. That's the easiest way.

emanon

That makes her just as guilty as the other downloaders, then...no?

d2cheer

Probably but isn't it her movie to begin with? So not sure of guilt...

The Man with the Golden Doujinshi

That's why you shouldn't skip the trailers. You missed the one that said you wouldn't steal a car, so why would you download a movie? I hope you aren't posting from a cell phone you got from stealing a purse.

crazyronin

While there are some interesting legal arguments, I'm going to have to wait for the legal reasoning of the forum's most noted barrister, reggieray.

emanon

Actually, I'm a quasi-professional car thief. Never thought of downloading a movie before, but I think I'll take them up on it, now!