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ExtraTorrent.cc > Articles > US Jury Won’t Accept IP Address as Proof of Infringement

US Jury Won’t Accept IP Address as Proof of Infringement

US Jury Won’t Accept IP Address as Proof of Infringement

Added: Tuesday, October 16th, 2012
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extratorrent.com
An American jury is close to making a landmark decision as to whether an IP address is sufficient to identify a software pirate. Copyright infringement cases massively launched by the entertainment industry always depend on identifying the IP address of the devices. However, industry experts have been questioning for a while now whether the IP address can be enough for evidence, since it can only identify a broadband connection, not a particular individual.

An adult video label named Malibu Media has launched about 350 mass lawsuits in 2012. Majority of the cases were settled out of court as the label had an IP address of the alleged infringers and therefore could threaten them with settlement demands. However, in one of the lawsuits, 5 unnamed defendants have protested when their ISPs were demanded to reveal their identities. The alleged infringers accused the porn company of pursuing the cases to extort settlements.

The judge in the case explained that the defendants were arguing that BitTorrent didn’t actually work in the manner the porn label alleged. The judge agreed that a mere subscriber to an Internet service provider isn’t necessarily a copyright violator, because nowadays non-subscribers can make use of computer-based technology in order to access someone else’s IP address. As such, the judge has no reason to assume that a subscriber is the same person who was using peer-to-peer networks for downloading the alleged copyrighted content.

So, to decide who is right the judge needs a trial, which could set an important precedent. In case the jury agrees with the defendants that an IP address isn’t sufficient to identify an actual user, the courts of the United States won’t be allowed to request the IP addresses from the broadband providers. Moreover, the rights owners won’t be allowed to threaten Internet users to settle out of the copyright cases.

October 16th,2012

Posted by: 

Date:  Tuesday, October 16th, 2012

Comments (22) (please add your comment »)

posted by (2012-10-16 16:19:03)
willman198 avatarmaybe now internet providers wont threaten u with email's saying they r going to shut u off if u dont stop downloading from peer-to-peer.

posted by (2012-10-16 17:54:07)
jojimat avatarGood news

posted by (2012-10-16 18:54:03)
No avatargreat news

posted by Blocked (2012-10-16 19:03:20)
skreamer avatarBig story. Looks like its down to the number of P2P'ers in the jury. Looks for once we might actually get a say in things!

posted by ET junkie (2012-10-16 19:04:01)
No avatarmoving in the right direction...

posted by (2012-10-16 19:30:14)
No avatarOnly problem is that if you claim that someone was leaching on your "unsecured" network, the plaintiff can try to get a court to allow them to image all hard drives in your possession, and unless you have wiped them properly, there will be a record of your P2P activity. Not tough to deal with, necessarily, but something to keep in mind. Seems like a good VPN is good insurance.

posted by (2012-10-16 20:34:54)
No avatarFor the first time in more than a decade on the Net, I got an email from a "good" VPN, HMA Pro, informing they had received a cease-and-desist request from a movie studio who identified [Closely paraphrasing here.]"...an IP address that was being used to access copyrighted material at the same time the account associated with me was connected to the Net via that IP address." Of course, if HMA received a subpoena for the actual, real person associated with that IP Address at that precise time, then I would be here asking you nice people for donations to help pay the lawyers and inevitable fines... and maybe for cigarette money while I served some jailtime!

HOWEVER, I still take issue with the six comments before this. *If* it had been me who was the correct target of the c-and-d request, I would not whine that Government or Studios or Software Developers or anybody else was wrong for trying to protect their interests. Being a sane, intelligent adult, I know what I do and know whether it is right-or-wrong, legal-or-illegal.

So, since this is a "private" conversation among "friends" here, Why BS each other? I sincerely do not get the argument that pirating is okay, no matter from whom. Somebody, please explain to me what I'm missing.

NOTE Bellow:
Dear FBI,
OF COURSE, I would never, EVER infringe a copyright or download anything that I had not completely, totally and happily paid my hard-earned money for... No really! I'm only on this torrent-related site for educational, research purposes. Honestly!!!

posted by (2012-10-16 21:08:52)
No avatarit was my understanding that sharing is caring, and that piracy is stealing for profit. Ppl cant function properly in a programmed society without programming, so some who can at least afford internet haveno choice but to attain free media to program themselves. as long as they dont sell it, its not piracy. i hope this dies like the whole mix tape fiasco from the 80s. dear fbi i have cancer and im dying eat a dick and buy me overpriced shit before i die cuz i cant afford it.

posted by ET lover (2012-10-16 21:22:36)
moviemanmills avatarIt's about time.

posted by Site FriendET loverSuperman (2012-10-16 21:47:16)
Embolism avatar1xC&D notice and I will war drive every open access server in my city for torrents,anyone who can use a torrent application has the ability to use aircrack and airsnort as well as a variety of other apps to download and access wifi routers anywhere,so making it all illegal will just drive people to download their sh1te in a different way and they will not be able to use a routers IP to prosecute ppl since what was downloaded will not be on their HDD`s but up the road on someone else`s laptop.War driving used to be an American concept but I can see it spreading globally if such monumental bills like Acta and others get rewritten and accepted in Europe,etc.

posted by (2012-10-16 21:47:48)
No avatarwell my original comment was deleted be cause ET thinks I was searing and I was NOT so S*** T** ******* **** HOPE IT GETS SHUT DOWN!

posted by Trusted UploaderSite FriendET junkieET loverSupermanSun (2012-10-16 21:52:42)
bone111 avatarto right next door could be hacked into your internet and doing it...

posted by Site FriendET loverSuperman (2012-10-16 21:59:10)
Embolism avatarGiven the Amount of revenue we the people pay to cable companies in an enlightened society a percentage of such payments would go to the media industry in respect of all content downloaded and we would have total freedom to download anything without fear of prosecution.Cyber has cost the American taxpayers several 100`s of millions in building and equipping centres like fort Meade,should have spent those dollars paying the film industry for copyrighted material instead of international witch hunting,now people like anonymous and others are retaliating against Cyber bullying the world with threats just watch out for people pushing back.

posted by Site FriendET loverSuperman (2012-10-16 22:11:19)
Embolism avatarwww.digitaltrends.com/web/lulzsec-hacker-pleads-guilty-to-some-hacks-denies-sharing-info/

People like these 17-25 yr olds have been hacking the pentagon/CIA and the Media industry since 2004 and the Americans are leaving it to their own country to collect and use evidence against them and do their dirty work,hopefully given the english legal system they will walk with time spent or community service,lmao,so much for spending billions on American security and Cyber.

posted by Blocked (2012-10-17 02:26:31)
skreamer avatar@nemomil you got me slightly wrong. I realise some P2P is 'ethically' wrong. On the whole I don't torrent something I would buy. I like the gravy train and want to last, tho I think its time is limited.

@clamo that ain't the worst of it. While you cannot post swear words, you can set an avatar that does say one to many of them from the selection offered by ET!

posted by ET junkie (2012-10-17 03:05:50)
No avatar@nemomill there is nothing wrong with the idea of copyright protection. but when laws are twisted to restrict the public's free use of something an fundamental as computer communication, it cannot be allowed.

second, i noticed you said HMA was a "good" VPN. This couldn't be farther from the truth. A good VPN does not respond to any requests for information because the customers of VPNs use them expressly because they can mask whatever it is that they do. What is some dictator in Iran asked a VPN to provide information on their users? Should they?

No one said pirating is OK, but accusing someone of copyright infringement when all you haev is an IP that ANYONE could be using, in the household or not, is not right, and that is the great cause of concern.

posted by Site FriendET junkieET loverSupermanSun (2012-10-17 10:45:29)
texasguy avatari got kicked off my internet company for something i didn't do my pass word was giving out to one of my sons friends i got the blame for the movies that were downloaded .

posted by (2012-10-18 01:24:34)
Brynn217 avatarOk... I used to use StrongVPN... they are not a good VPN because they got about 6 Copyright notices and would not let me come back after my contract date was up....

I have also gotten the threatening letters from Verizon that say they are gonna cut my service off... In fact I've gotten about a dozen in the past few years..

However, in the past 2 years i have gotten ZERO!!!!!! I simply ONLY seed back to my private torrent sites... I do not seed publically and this is where the MPAA has snoopers watching... Specifically on ET, there are members here who download from you all who seed and turn that seeding info back over to the MPAA and RIAA.... Since I noticed this & Forwarded the violation info to ET, with dates and times, x-checked with my Utorrent.... I still have not found that ET or any other public torrent site will delete these ratty members and post their info for all others to know who they are and block their access....

Fact is, you get these violations for Uploading, NOT downloading....

As to the legality of piracy... first off, it does not fit the defination of Theft... We have not deprived anyone of their property... If you steal a car, its gone when you go outside.... If you download a copy of a copyrighted item, the owners still have the orginial in their possession. Second, The middle men who actually "SAY" they speak for the owners rights, (namely the MPAA and RIAA) keep all the money they collect... It is widely known that the actual people who make these films and/or songs get very little in the form of payment compared with the amounts of money the items bring in.... They are being taken advantage of. Third, the quality of what is being produced is sub-par and needs to be sampled before being released to the public.... Pre-Screeners are shown days before actual release, and negative comments are squashed. Downloading it, allowed 10% of the audience to see the said material, and we spread the word if its is junk or not... That way Hollywood can't produce crap that they rob you for $14.95 a person to go see BEFORE you know its crap...

I believe that everything in this world comes from God, including the technology for P2P.... there is so much GREED and theft in the industry, P2P kinda evens out the playing field for everyone.... Legally it is a Gray area, because Sharing isn't actually illegal.... But Morally, I believe the theft of Hollywood far outweights the supposed crimes from P2P use.....

posted by Blocked (2012-10-18 18:51:01)
skreamer avatar@Brynn although you say a few things I agree and disagree with you raise an issue I have often pondered and that is your legal right as a consumer wrt movie studios. If I spend my $15 on a film that is supposed to entertain me, but in actual fact is a waste of money because it is rehashed crap, could I ask for my money back at Walmart?

It seems they (of course) really want us to buy their products but how about making sure their products are what they claim to be?

posted by (2012-10-19 03:02:32)
johnmc963 avatarnemomil - really dude ..bringing up the questionable letter your got about your bittorrenting and then saying piracy is wrong in the next paragraph .. really dude , since we are among "friends" here ... I call BS... why are you trolling on a public tracker in the first place that does do torrents ...mpaa plant maybe (not maybe) ... and to the rest I did say piracy was OK and since your on a torrent website I would think your in the wrong place mate if you think differently .. are you the same dude on torrent freak saying we should feel sorry for those multibillion dollar studios for us only watching a copy of a movie we dl'd

posted by (2012-10-20 05:36:13)
End_Game avatarIt's Ironic that the companies that are going after these downloads never pay the parties they claim are the victims when they settle. The MPAA and RIAA have yet to EVER compensate an artist for court settlements!

posted by (2012-10-20 14:09:09)
Rockman avatarThis is great wonderful news so its now 4 days later and can t wait for the other shoe to drop and hear what the jury has decided . . .

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