Judge Ruled IP-Address Is Not Sufficient Evidence of PiracyAdded: Wednesday, June 29th, 2016
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, www.extratorrent.cc, 2016
A federal US court has just dismissed a direct infringement complaint against an alleged movie pirate. The judge decided that linking an IP-address to a pirated download is not sufficient evidence of direct copyright violation.
New copyright trolling cases are being filed every week in the US and around the world, but it seems that some judges are getting tired of this practice and become increasingly skeptical about such claims from copyright owners. In this particular case, the judge recommended dismissal of a complaint filed by the producers of the movie The Cobbler, because both claims of direct and indirect infringement were not sufficient for the case to continue.
This case is unique because the direct infringement claims were dismissed sua sponte. Copyright owners have to prove that a defendant is indeed the copyright infringer, but all they have is the IP-address that is directly linked to the defendant’s Internet connection. In this case, judge claimed that was not enough, as it is also possible that any family member, a resident of the household, or an unknown person was the one who actually downloaded the copyrighted content. The matter is that the defendant operates an adult foster care home where several people had access to his Internet connection, and plaintiffs were aware of this and even admitted that anyone else could have downloaded the movie.
The movie producers also tried to hold the person accountable for the infringements of others through his Internet connection, but the judge decided that a claim of indirect copyright infringement doesn’t hold up here either. This ruling offers hope for defendants in a similar position all over the country.
Wednesday, June 29th, 2016
|As there are No pirating sites there can be no illegal downloading.|
Sharing is Sharing ... Nothing More.
|This is what I had thought. Now I wonder which district it was in and has some precedent been established. Time for some research...|
|I think the key to this article is "The matter is that the defendant operates an adult foster care home where several people had access to his Internet connection". I think most of us don't torrent from work environment where lots of other people can access our connections. I suppose the fewer people potentially accessing your connection the greater the likelihood it was you.|
|posted by (2016-07-01 05:08:36)|
|Takes a pirate to catch a pirate... And they become the biggest pirates/stalkers of them all!|
|thanks Judge !||
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