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ExtraTorrent.cc > Articles > Alleged Infringers Refused to Settle Out of Court

Alleged Infringers Refused to Settle Out of Court

Alleged Infringers Refused to Settle Out of Court

Added: Thursday, November 4th, 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 mass litigation launched by indie movie studios and involving thousands of file-sharers suspected of copyright infringement may soon create an army of their own Jammie Thomas-Rassets

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The filmmakers of "Far Cry" were known best for filing massive lawsuit against suspected movie pirates. Meanwhile, the lawyers representing some of the accused file-sharers announced recently that many of them have declined the suggestion to settle. That’s exactly what Thomas-Rasset did when she found herself accused of unauthorized file-sharing by the music industry. By choosing this way, the accused file-sharers are inviting the moviemakers to take them to court. As their attorney Thomas Dunlap confirmed, that’s what the studios are going to do.

Dunlap’s D.C.-based law firm oversaw the litigation campaign on behalf of the movie studios, including the one which made the Award-winning "The Hurt Locker." Thomas Dunlap admitted a few days ago his company learnt that some individuals from different parts of the US refused to settle. However, the attorney declined to identify those. Normally, the law firm pursues suspected file-sharers by filing complaints against unknown infringers, asking the court for an order to identify them. The subpoenas are then sent to the IPS for identification and the suggestions to settle are finally sent to people.

The law firm is intended to go to court and promises everyone to see numerous cases scheduled for the next month in 3-4 jurisdictions. Besides, Dunlap admits they always knew they would do that and win.

Meanwhile, the industry critics still wonder if the law firm is even able to afford the costly litigation process against individuals who refused to settle. For example, the EFF’s legal director supposed recently that serious legal challenges could drain all the revenue out of litigating against individual file-sharers, which may easily discourage rights holders from launching lawsuits as a strategy.

However, Dunlap claims that the lawsuits against file-sharers who refused to settle would less likely cost much. Besides, he is going to farm out the litigation to some other law groups. Meanwhile, the movie studios keep submitting subpoenas to broadband providers in order to identify more people suspected of copyright infringement.



By:
SaM
November 4th, 2010

Posted by: 
SaM

Date:  Thursday, November 4th, 2010



Comments (3) (please add your comment »)

1
posted by Blocked (2010-11-04 11:56:15)
menahunie avatarThey can file all the subpoenas they want and all of them will be like toilet paper to wipe with.
You can accuse anyone of any thing; but to have the evidence ( hard document like the movie) downloaded from the defendant and provide it in court; not likely.
They just use a file name and claim a copyright violation; not good enough so they try to get a warrant via police to kick down doors to take a persons computer.

Thing is about the Jammie Thomas-Rassets case. She lost her third trial and the jury has again sent the amount back up to 1.5 million against her.

My question to the RIAA is so what are hoping to get out of this besides destroying some one's life over an unproven loss? A loss never proven with hard documented facts; just allegations..

From my readings what I have seen is the defendant's lawyers are a bunch of morons. Why?
If it has been proven with the accual SONGS entered as evidence and the song were downloaded from the defendants computer; NOT JUST A FILE NAME; IP ADDRESS AND DATE AS THE ONLY EVIDENCE.

Then the lawyer's should have made the defense as to the claim from RIAA as to the millions in losses they claimed to have suffered.
I have to do that in court; why isn't the RIAA and MPA also required as well??

Mu opinion is if caught then you pay the retail price for the song or movie at the current sales price or box office ticket price. That is fair and I believe it will avoid the court system; but continuing to kill the P2P'r like an ant with a sledge hammer isn't realistic.
In the end all it will hasten the death of the RIAA and the true " Artists" losing millions of alienated fans due to the legal destruction wrought by their representatives the RIAA..

2
posted by (2010-11-04 16:50:49)
BenjaWiz avatarBe careful out there guys make sure you harden your PC's and or get a VPN.

3
posted by Blocked (2010-11-06 04:45:11)
menahunie avatarAnother point is even with a judgment many could bankrupt out of it; hey the credit score is screwed anyway...
All that is happening is it is driving everything underground and into a more secure file transfer system.
The RIAA and MPAA only ability to "track" files is by the file name period. They can not "track" a file by the data stream when it is encoded; sent via vpn, and proxies.
You will see more and more cyber "lockers" where files are up loaded anon. and from sanitized systems. These lockers will be in locations where the RIAA, MPAA and other can't reach. Most likely China.
If the RIAA and MPAA use as claimed Third party companies to intercept data in an download; in this country that is a felony wiretap violation. The RIAA and MPAA CAN NOT GET A WARRANT TO DO THIS SINCE THEY ARE NOT A LAW ENFORCEMENT AGENCY...
What I have seen is the noobs are the one's getting nailed. They the RIAA and MPAA have not been going after the real pirates; the one's who copy music, movies, software by the thousands and sell it for a profit.
What I see is P2P networks will possibly go secure via SSL connections via a VPN and proxy.
What you mat also see is P2P "clubs" where some one takes turns going into the "wild" and get files. Then they only share it in that "club".
You also see a huge increase in "leeching" hit and run from many due to this legal attck by the RIAA and MPAA. Some one finds an open wiFi connect and downloads as fast as they can and are then gone. I have heard of a person who leeches big time off a free McD's location...
I can go on; but you get the point. All this what RIAA, and MPAA is doing is creating a more careful and smart user.
Also much of the music I get is from the radio.



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