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ExtraTorrent.cc > Articles > EFF Fighting Mass Litigation in Court

EFF Fighting Mass Litigation in Court

EFF Fighting Mass Litigation in Court

Added: Monday, July 5th, 2010
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.extrattorrent.com
The Electronic Frontier Foundation (EFF) continues its effort to protect thousands of file-sharers accused of copyright infringement by asking judge to split up mass lawsuits so that the defenders can be ensured to have fair right to individual justice, claiming that each case has no connection with the others.

knight_and_dragon-176x200.jpg


A federal D.C. court is about to hear oral argument from the EFF about splitting up the mass lawsuits on copyright violation brought up by the USCG (US Copyright Group), arguing that it’s inappropriate and unfairly to target so many BitTorrent users at once.

Over three months ago, the USCG began its mass litigation by targeting over 20,000 BitTorrent file-sharers that are accused of distributing an unauthorized copy of either of the indie movies “Call of the Wild 3D,” “Far Cry,” “Steam Experiment,” or the others. In addition, last month the USCG succeeded in convincing the creators of the Academy Award-winning film “The Hurt Locker,” who were very sad about dismal box office ticket sales, to enter the same type of litigation, offering the accused quick settlements worth up to $2500 if they preferred to avoid much larger penalties for copyright violation that could occur at the court.

Since then the EFF and ACLU joined their forces to fight these mass lawsuits. The ventures argue that D.C. courts even have no right to hear such mass violation cases, as the plaintiffs has yet to prove the fact that the courts have jurisdiction over the unknown defendants, whose identities are only determined by IPs. On this issue even the US Copyright Group admits that IPs can only provide a general geographic area for targeted users, but yet still wants to gather them all in one D.C. courtroom. The reason they name for it is the BitTorrent’s architecture, due to which each BitTorrent user is a part of a swarm, or a single transaction liable for exchanging copyrighted content.

Nevertheless, the EFF and ACLU still think it is unfair to demand thousands of users from all over the U.S. to bear the cost in money and time to arrive to a D.C. courtroom just for answering charges for a crime which most likely took place far away. Meanwhile, that might be the main reason for the USCG to hope that most of the accused will decide to settle out of the court instead of spending the same money for travelling. Not so fair either, is it?



By:
SaM
July 5th, 2010

Posted by: 
SaM

Date:  Monday, July 5th, 2010



Comments (6) (please add your comment »)

1
posted by Blocked (2010-07-05 21:57:54)
menahunie avatarThe one and only main reason the MPAA and even the RIAA are doing this tactic is to save money. How?
Think, how much do you think it will cost these puke lawyers in expenses to file 20,000 to 50,000 lawsuits for each IP address? MILLIONS OF DOLLARS.
They will also pay expenses for each and every lawyer to prosecute these cases where the "alledged" infringer lives; but no they state it is a little problem for the accessed "alleged" infringer to fly to Washington D.C., pay a lawyer there, pay for hotel, and much more. But think? What do you see if there is 20,000 to 50,000 alledged "infringers" with their lawyers trying to physically get into the court house ALL AT ONCE?
I believe such a possible scene would shock the senses of the general public like WTF is going on..
If the judge is stupid enough to allow this tactic by the MPAA and RIAA it will totally jamb up the D.C. and countries court system for many many years; but we do have allot of stupid and crooked judges.. Take the one who sued a Korean Dry Cleaner for 54 MILLION DOLLARS over a pair of pants in New York and THIS IS A JUDGE DOING THIS...
This couple had to run up legal fee's over a HUNDRED THOUSAND DOLLARS to DEFEND THEMSELVES. This "Judge" is also looking at being ordered to pay their legal fees; I hope he is required to pay them. He also didn't get his job back when his term expired so what is he doing now? Yep Suing the New York Court System..
I do not know about you but my opinion is it would give a very very big black eye to ALL MOVIE and RECORD "artists" in the world. Also including ANY AND ALL POLITICIANS INVOLVED.
What is also very disturbing is the MPAA and they state DO NOT NEED ANY REAL EVIDENCE OF ANY COPYRIGHT INFRINGEMENT TO WIN A LAWSUIT.
Here is the link: http://www.wired.com/threatlevel/2008/06/mpaa-says-no-pr/
The RIAA and most likely MPAA are HIRING HACKERS TO BREAK INTO TORRENT SITES.
Here is the link: http://www.wired.com/politics/onlinerights/news/2007/10/p2p_hacker
I do not know about you, but people who had this very thing - Hacking into some one's computer is a crime and people are going to prison for it.. Yet in the name of "COPYRIGHT PROTECTION" the MPAA and RIAA consider them selves above the law and do as they please with no legal problems.
Just think any case against an alledged "infringer" will be in serious legal doubt and this "infirnger" can and will require the MPAA and RIAA to disclose ALL sources of information they sue against an "infringer" being sued.
To show you how far the MPAA and RIAA will and do go, they have trained dogs to sniff out cd disks.
See link: http://www.wired.com/threatlevel/2008/06/disc-sniffing-d/#previouspost
The poor dog MANNY has died and there is an alledged bounty on the two other dogs.
On lighter note the RIAA has been ordered to pay the legal fee's of an "infringer", remember the woman sued for 24 songs alledged on her computer and was ordered to pay over 1.9 million dollars to the RIAA? That has also been reduced as well.
Here is the link: http://arstechnica.com/tech-policy/news/2008/06/judge-upholds-107834-in-attorneys-fees-award-against-riaa.ars

ET isn;t the only source as to what is going on, check out Wired online magazine; they have ALLOT of articles about the crap MPAA and RIAA is doing.

2
posted by (2010-07-05 22:45:19)
Brynn217 avatarThe thing is, if you do get individually sued by this group... Like myself, if it ever happens.. Their case is a bunch of crap to begin with. How do they prove beyond a doubt that you are the one who used THAT IP Address? I would force them to bring their hacker to court to provide his evidence of the download, then ask him in open court to define some simple things.

Like, 1. Explain to the court what a ghost IP address is? 2. Is it possible to steal someone's IP address and use it as your own? 3. Please explain what Wifi is? and what is a secure and unsecure access?

Their whole case whould fall apart... A simple law suit would never work, they need my computer to verify that it was me... Their is no hacker out there that can tell from an IP address alone, 100% what actual computer has downloaded the data... This is why the FBI in America and the same in other countries have the raid the persons house to catch a hacker and convict him, they need the hard drives!

A civil Case would never hold up if you fight it.

3
posted by (2010-07-06 09:21:06)
No avatar"far cry"... really?? I saw that on the sci-fi channel not to long ago. It was "ok" (when compared to other sci-fi original movies) bottom line, if someone gave me the money to go rent it i'd probably grab a burger instead.

4
posted by (2010-07-06 12:03:48)
msmsm avatarsome very interesting reading, Thanks SAM and also menahunie for further info.

5
posted by Turtle (2010-07-06 17:36:16)
D4T4 avatarCheers Sam. Well menahunie as we say, "only in America". @Brynn217, a good hacker will find out all of your details from your PC as much as any FBI agent that confiscates it. Their problem is, as menahunie points out, hacking is totally illegal and people have even been extradited using terrorist laws for doing it. So this evidence is useless although they will know what you have been up to. It's just the same methods they use very successfully for catching paedos. As far as prosecuting offenders is concerned I await a simple change of law which allows prosecution similar to traffic offenders. How many of those are there per year in the USA?

6
posted by (2010-07-07 02:53:50)
Brynn217 avatarWell, I didnt mean an hacker trying to attack you directly.. I mean the idiots they higher to get our info from seeding.... Yes... I do know how to get in, but in my case, being a hacker.. there is nothing on my hard drive to identify me with.. no address, no tax returns, no finacials of any kind.. and my last name is ommitted from everything... a keylogger might be the ionly way



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