Any Lawyers in here?
#26
DVD Talk God
Re: Any Lawyers in here?
"THEY" know who you are and what you have done!
Everyone knows!!
http://youhavedownloaded.com
burn your computer and your cable modem and anything that may have an illegal download on it or touched an illegal download, they have no real proof of anything!!!
Everyone knows!!
http://youhavedownloaded.com
burn your computer and your cable modem and anything that may have an illegal download on it or touched an illegal download, they have no real proof of anything!!!

#31
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#32
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#33
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#37
Re: Any Lawyers in here?
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?
Out of curiosity, what was it that you downloaded that triggered the letter, and which TV/movie studio was it from?
#38
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Re: Any Lawyers in here?
First up: NOT LEGAL ADVICE.
For what it's worth, 99% of people who get that letter never has it go anywhere if you just ignore it. The 1% who are unlucky settle out of court between 2k-8k. Now this is if I'm understanding the type of letter you got correctly. You can Google the form letter to hear other people's experiences.
For what it's worth, 99% of people who get that letter never has it go anywhere if you just ignore it. The 1% who are unlucky settle out of court between 2k-8k. Now this is if I'm understanding the type of letter you got correctly. You can Google the form letter to hear other people's experiences.
#39
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Re: Any Lawyers in here?
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).
#40
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Re: Any Lawyers in here?
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.
#41
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Re: Any Lawyers in here?
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?
#42
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Re: Any Lawyers in here?
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.
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.
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.
#44
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Re: Any Lawyers in here?
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.
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#46
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Re: Any Lawyers in here?
That makes her just as guilty as the other downloaders, then...no?
#47
#48
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Re: Any Lawyers in here?
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.
#49
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Re: Any Lawyers in here?
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.
#50
DVD Talk Limited Edition
Re: Any Lawyers in here?
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!