South Dakota ISP Fights Against Mass LitigationAdded: Friday, September 3rd, 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
One of the South Dakota ISPs, Midcontinent Communications, throws doubt upon the Washington DC court (where the mass P2P litigation began) having jurisdiction over the service provider based in the Midwest. Midcontinent Communications therefore refused to comply with the lawsuits until the plaintiffs file a valid subpoena from a court having such subpoena power.
This is just another example of an ISP fighting back against the outrageous attempts of the producers of the “The Hurt Locker,” the Academy Award-winning film, to bring thousands of P2P users to court for unauthorized distribution of the film in the Internet.
The USCG (US Copyright Group) represents the producers of the movie. This DC-based outfit, half technology half intellectual property law firms, has filed the case in a DC court this past spring. Since then Internet service providers and other members of the digital market have been fighting back against the USCG’s assertion that the DC court do have jurisdiction over those accused.
The reason the US Copyright Group brings to prove that it does is that BitTorrent, the exact matter of the lawsuit, considerably differs in its architecture from the older peer-to-peer protocols, because file-sharers start torrent trackers to create a network actually devoted to sharing a certain file, and therefore can be included in a single lawsuit due such joint series of transactions.
On the other side of the barricade are such outfits as the ACLU (American Civil Liberties Union), the EFF (Electronic Frontier Foundation), and Public Citizen, who have already submitted their briefs to the DC courtroom, arguing that the IP addresses in the subpoena are sufficient for providing a general geographic area of the accused users, which proves that the DC court has no jurisdiction over them.
South Dakota ISP agrees with all them that its customer base is outside the DC area, as the company only provides Internet access to residents of North and South Dakota and Minnesota. It therefore filed a motion to squash a subpoena of the USCG, arguing that the law firm doesn’t compensate the service provider for the work of identifying the alleged users. In addition, an ISP doubts the validity of the subpoena.
Midcontinent Communications asked the court to require the plaintiffs to properly serve them with a valid subpoena before asking to reveal identities of purported users.
September 3rd, 2010Posted by:
Friday, September 3rd, 2010
|posted by (2010-09-03 22:17:43)|
|I'm from the lowly state of South Dakota who now is becoming what freedom is all about--Hope all the higher states(lol) will follow the example of SD--go Midcontinent--tks for post SAM--go et the best|
|posted by (2010-09-03 23:12:52)|
|Im also a resident of SD though not a Midcontinent subscriber. I read this the other day and was very happy to hear they are fighting back.|
|These people the USCG have been trying to get the 20,000 to 50,000 lawsuits against people like you and I into one case and one court.|
These people are also requiring everyone of these tens of thousands to come to Washington DC to defend themselves in the law suit against them.
What these people are counting on is many of the defendants (YOU) can not afford to pay to fly there; pay hotel; pay a lawyer ( 20,000 to 50,000 LAWYERS?)..
The USCG stated this is no inconvenance to these people to do that BS...
What inquiring minds really would like to know SAM is what is the status of the law suit against these producers of the "hurt Locker" by the EOD Sgt. Portreyed in it.
I would hope that that law suite would put a hold on this legal stupitdity by the USCG - which are only lawyers and are the ones who really benefit out of all this $$$$$...
|Wow, 20-50,000 lawyers... All in one place... At the same time... Terrorists, if you were looking for a good place to strike... (not kidding). The producers of "The Hurt Locker" have only managed to do one thing; to alienate any fanbase that you may have drummed up with that retarded-ass movie. I'm sure that your next movie will be adorned with a line similar to "from the producers of The Hurt Locker", and I'm also sure that I'll avoid that film like the f*ckin' plague. And for the ISPs out there, take a note from the playbook of Midwest Communications: Who pays you the money, the USCG or THOUSANDS of cash-in-hand CUSTOMERS shelling out their hard earned DOLLARS for internet service EACH MONTH? The biggest thing we could have happen right now is to have corporate-backed (one hand on the cash, the other jackin' the MPAA's d*ck) companies such as Time Warner losing profit due to it's lack of support for it's customers. I used to think the Devil didn't exist... And then the USCG shows up and proves me wrong.||
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