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P2P Subpoena

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jstutman

Limp Gawd
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Feb 17, 2005
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http://www.internetcases.com/library/cases/lightspeed_v_does.pdf

The subpoena looks identical to that, except you can see clearly where they have whiteouted the dates. According to the paper I got with it. I accessed this file on Dec 1st 2010 and 5:38AM


Its bound to happen to everyone. I recieved a letter from my ISP (Cableone) with a copy of the subpoena. It is LightSpeed Media Corp V. Does 1-1000

I had to do some research, and it appears this is a porn company. Google tells me this is the new MPAA/RIAA group. There has been tens of thousands of this small porn companies suing.

This letter today just informs me that if there is not an objection to this subpoena, that my ISP will be releasing my (current) address, my telephone address, my email address and MAC address's.

According to articles, once "Steele" recieves your information. he demands $5,000. If you decline. he asked for $7,500. he then threatens to file in your state for maximum damages.

According to the subpoena, i downloaded "Jordan Capri complete collection"

This will be a fun battle. Why could I have not been accused of downloading something good? Why porn?
 
Scary, and why in the world would a porn company even have power to do that, isin't porn illegal to begin with?

I'm so glad I'm not in the states, I can download what I want without worrying about getting in serious legal trouble.
 
Haha Re Squirrel,

Wow thats sad i mean Wow Lol apprently they need to pay the rent lol
 
Did you actually download what they say you did?

If you did, how do they plan to prove it?

If you didn't.. how do YOU plan to prove it?
 
I didnt. I will admit I download lots of stuff, but porn is not one.

In the RIAA/MPAA cases, the judge has never made plantiff prove they physically downloaded it. According to court reports. You IP being in the stream makes you automatically assume guilt.

I contacted Cableone Corporate today, and she basically said read the last sentence on our letter. There letter said "If you have any questions, please contact your Attorney"
 
jstutman said:
According to articles, once "Steele" recieves your information. he demands $5,000. If you decline. he asked for $7,500. he then threatens to file in your state for maximum damages.
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Sounds a little like extortion.

According to the subpoena, i downloaded "Jordan Capri complete collection"
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Holy crap that girl doesnt look old enough to drive a car.
 
jstutman said:
I didnt. I will admit I download lots of stuff, but porn is not one.

In the RIAA/MPAA cases, the judge has never made plantiff prove they physically downloaded it. According to court reports. You IP being in the stream makes you automatically assume guilt.

I contacted Cableone Corporate today, and she basically said read the last sentence on our letter. There letter said "If you have any questions, please contact your Attorney"
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That's my biggest pet peeve with these anti piracy BS cases.

If a person commits murder and it's quite obvious it's that person, they still wont be charged if there's no 100% solid proof. But if they suspect you may have downloaded something, then it's auto guilty. So much double standards. It's all about the mighty dollar. A person being murdered is no big deal from the goverment's point of view. It's just a single individual tax payer. A megacorporation's income going down by 10% (they're still making their billions just not as many billions as the previous year) because of piracy, is a bigger deal to them.
 
Wow, good luck with that, dude. I read on the internet tubes somewhere that a judge was throwing out thousands of these cases. Might want to seriously consider calling an attorney, though.
 
Captain Colonoscopy said:
Wow, good luck with that, dude. I read on the internet tubes somewhere that a judge was throwing out thousands of these cases. Might want to seriously consider calling an attorney, though.
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Absolutely. They are banking on the assumption that you will cave in fear of being exposed. If you are indeed innocent :eek: find a decent lawyer and I think you have a good shot at coming out on the better end of this.
 
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Red Squirrel said:
That's my biggest pet peeve with these anti piracy BS cases.

If a person commits murder and it's quite obvious it's that person, they still wont be charged if there's no 100% solid proof. But if they suspect you may have downloaded something, then it's auto guilty. So much double standards. It's all about the mighty dollar. A person being murdered is no big deal from the goverment's point of view. It's just a single individual tax payer. A megacorporation's income going down by 10% (they're still making their billions just not as many billions as the previous year) because of piracy, is a bigger deal to them.
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Thats because Murder is a Criminal Case and and copyright infrigment is still a Civil case aka Civil Suit or lawsuit.

Criminal cases require the burdern of proof AKA evidence to be beyond the shadow of a doubt in the courts eye IIRC, where as civil cases the burden of proof is much lower.

http://www.rbs2.com/cc.htm

Not a double standard, they are different types of cases.
 
object to the subpoena immediately. if you sit back and do nothing you are making it easier for them to extort you. im not sure what your ISP requres for an "objection", but find out. a lawyer isnt a bad idea, but could cost you as much as settling. all the info you need to prepare your case is online, its just going to take a lot of your time to find and get in order.

you can try to object on the grounds that suing groups of people like "John Does #1-1000" for separate alledged crimes is prejudicial to the defendant because the facts of each case are being lumped together. this defense has been used successfully in some cases. if they get your information, and file an actual lawsuit, absoloutely get a lawyer and have the lawyer do all the talking.

Although the true identity of each Defendant is unknown to Plaintiffs at this time, on information and belief each Defendant may be found in this District and/or a substantial part of the acts of infringement complained of herein occurred in this District.
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you can often get the case thrown out early over jurisdiction, as they normally file these blanket cases outside of your area. they can refile in the correct court later though, but takes more time and money on their part. its one more defense you can try early in the process.

i would do some heavy research into the bittorrent system and how it works and how rogue/malicious/bogus trackers could broadcast incorrect IP addresses. read the torrentfreak.com news, they have some articles about this and how a great deal of "research" done on bittorrent copyright infringment is completely inaccurate because of rogue trackers and other wild assumptions researchers made.

remember a copyright lawsuit needs to be against an individual that has comitted an offense. just because its your IP doesnt mean you are that individual. i dont know the case precidents off hand, but it would be a good angle to look at- making the argument that the plantif has to prove which individual that used the IP address was the guilty party. if you have a router between your house computer(s) and the internet(modem) the only MAC address the ISP could give them would be that of either the modem or router. they usually cant tie either the IP or MAC to a specific computer on the network. there have been rulings before though, that by virtue of you being the person who pays the internet bill, its your IP address and you are responsible. its up to you to convince the judge otherwise.

the court will order you to retain any evidence against you, ie the files you allegedly downloaded. its not a criminal court, so the police wont be raiding your house to seize your PC. if there is anything else personal on your hard drive that you dont want other seeing, you might look into securely deleting it and wiping the freespace. they may order you to hand the drive over for forensic analysis. if they cant prove you have a file, you have a strong argument that you didnt download it. if they find you deleted evidence, you are in massive trouble. so dont let that happen.

these are only suggestions from some random person on the internet. i am not a lawyer. i would not settle with them. make em work for it.
 
what has always escaped me, is the connection from IP to human being, how do they prove that that particular person was the one who initiated the action on the keyboard to download the content.....seems to me that's impossible to prove and the fact that you own the bill to me has nothing to do with what happens to a data stream across so many leaps
 
nobody_here said:
what has always escaped me, is the connection from IP to human being, how do they prove that that particular person was the one who initiated the action on the keyboard to download the content.....seems to me that's impossible to prove and the fact that you own the bill to me has nothing to do with what happens to a data stream across so many leaps
Click to expand...

Yeah that's the part that pisses me off. who cares if it's cival, federal, provincial... that's not the point. They should still have to proove it was actually that person, if there's no way, then the case should be thrown out.

OR how about if they're going to use IPs like this, be consistent. all those spam emails, hack attacks etc that lead to an IP should have the owner of that IP held responsible. So if someone's machine is infected with a virus that is spreading, that person should be heald responsible and charged. Teach people to not let this crap on their PCs. Hacking and spam does way moer damage then warez. They should attack that instead.
 
Contacting a lawyer is the first thing you should do. Having a lawyer petition the subpoena on your behalf may be enough to make this go away.
 
There is no clear way to find who downloaded the file, an IP is not enough proof and will not stand up in court.
 
The problem right now is I am a john doe. It was my ISP who said my IP was the one used on the stated (time and date) I contacted a lawyer (free council) kind of thing. Something about an injunction?
Howver...there main office is in Arizona. How do I file this kind of thing from Missouri?

I found this on /. and had to share

I've always wondered how much content was needed before I became a "pirate". Say (for the sake of argument) that I'm looking to download Saving Private Ryan, but instead I accidentally start torrenting Shaving Ryan's Privates. I see my gaffe 10% through. Now, 10% of a compressed video file isn't watchable, but all the while I have been uploading discreet file chunks to others. If I've uploaded 3 megabytes of a 700 megabyte file, does that constitute infringement?
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jstutman said:
The problem right now is I am a john doe. It was my ISP who said my IP was the one used on the stated (time and date) I contacted a lawyer (free council) kind of thing. Something about an injunction?
Howver...there main office is in Arizona. How do I file this kind of thing from Missouri?
Click to expand...
Based on the letter from your ISP it sounds like they will release your personal information unless you do something. A lawyer can file an injunction to stop them from releasing your information.

Assuming your lawyer is able to practice law in your state or the state where the suit is filed then he can file it on your behalf regardless of where you or he resides. I believe lawyers licensed in one state can practice in others.
 
more news. I do not have to file an injuction in Arizona. I can file here because they have an office here and provide service here. Its one of the "jurisdiction" type deals.
 
dude, complete bullshit.

Claim safe harbor provision in the DMCA, claim you have an open wireless access-point that provides potential services to other people, therefor providing a reasonable doubt that the piracy was not YOU specifically. At best, you would violate the ToS set by your provider but if it ever came down to it this is the route I would go. 100% valid as well, you do NOT need to regulate a public accessible service. Some food for thought.

That crap about being known as an "ip address" is horseshit, there's no way that should standup in court. I just dont think it was approached properly in the case you posted.
 
lol the open wireless thing doesnt work anymore.

also another thing i didnt see anyone ask, is your IP static or dynamic? if its dynamic then they cant charge you for shit since theres no proof that was your ip at that time.

either way its a scam thing the porn industry has been trying to do as of late, they use a scare tactic to get you to pay up because they know people dont want the public knowing they download porn. though more and more people are standing up against it. if that continues to happen the industry wont have anymore backing and the judges will just continue to throw the cases out of court. i'd say take this to court and slap it in their face. hell get the media involved if you know for sure you didnt download that crap. put as much pressure on the company as you can.
 
sirmonkey1985 said:
lol the open wireless thing doesnt work anymore.
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Are you joking? read the provision before you open you mouth next time. Its still a VERY VERY valid shelter that EVERY SINGLE store which offers free wifi utilizes. Whats the difference between a business offering free wifi and you? Nothing. ::shakes head::


sirmonkey1985 said:
also another thing i didnt see anyone ask, is your IP static or dynamic? if its dynamic then they cant charge you for shit since theres no proof that was your ip at that time.
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and you're telling me this is supposed to hold up? ROFL! Apparently someone has never heard of DHCP leases before.. I suggest you quickly google IPAM, everything single provider uses it. appreciate! :rolleyes:
 
sirmonkey1985 said:
lol the open wireless thing doesnt work anymore.

also another thing i didnt see anyone ask, is your IP static or dynamic? if its dynamic then they cant charge you for shit since theres no proof that was your ip at that time.

either way its a scam thing the porn industry has been trying to do as of late, they use a scare tactic to get you to pay up because they know people dont want the public knowing they download porn. though more and more people are standing up against it. if that continues to happen the industry wont have anymore backing and the judges will just continue to throw the cases out of court. i'd say take this to court and slap it in their face. hell get the media involved if you know for sure you didnt download that crap. put as much pressure on the company as you can.
Click to expand...


Proving it was your IP address at the time is the easiest part to prove out of all of this. All ISPs can get you that information dating back to approx six months or more in about twenty seconds.

EDIT: To the OP, I think you can beat this. Good advice given already. Good luck and keep us posted.

The place I work has a dept that uses P2P networks to nab people sharing "illegal" material. In a nutshell they search for well known relevant terms used to find this type of material, connnect to a file sharer, scan the files in the share to determine if the file is "known" illegal content (kind of like using a virus database), attempt a direct connection using netstat to confirm you are really connecting to that IP and then everything gets packaged in a nice little file folder and viola you have a case. Next thing to do is use this info to get a subpoena of records, then a search warrant. It plays out like this everyday across the globe. The truth is it is very hard to reasonably get out of a charge with these types of tools used.

Now take the above scenario and translate that to looking for copyright infringement. Not sure if this is how it goes down with them but I assume it would be similar? :confused:
 
Private Citizen said:
Proving it was your IP address at the time is the easiest part to prove out of all of this. All ISPs can get you that information dating back to approx six months or more in about twenty seconds.

EDIT: To the OP, I think you can beat this. Good advice given already. Good luck and keep us posted.

The place I work has a dept that uses P2P networks to nab people sharing "illegal" material. In a nutshell they search for well known relevant terms used to find this type of material, connnect to a file sharer, scan the files in the share to determine if the file is "known" illegal content (kind of like using a virus database), attempt a direct connection using netstat to confirm you are really connecting to that IP and then everything gets packaged in a nice little file folder and viola you have a case. Next thing to do is use this info to get a subpoena of records, then a search warrant. It plays out like this everyday across the globe. The truth is it is very hard to reasonably get out of a charge with these types of tools used.

Now take the above scenario and translate that to looking for copyright infringement. Not sure if this is how it goes down with them but I assume it would be similar? :confused:
Click to expand...

so assuming this is true...if the file being shared is entitled something like Linuxdistro2.2.2, but is in fact, Tron, you would have to download the entire set of files in order to make that same case, right? and the entire set of files would have to come from one person, because without all the pieces assembled A. you wouldn't know what it was and B. it's just random useless data
 
Copyright Lawyers Sue Lawyer Who Helped Copyright Defendants

The $20 for his "self help" PDF kit might work for you. It's not a complete defense by any means, it's just an easy way for a non-lawyer to file the necessary paperwork to keep a big company from trampling your rights simply because it's cheaper to settle than to hire a lawyer to prove you're innocent.

It's interesting to note, as the site points out, that the USCG is "upset for a reason." While all motions to quash and motions for protective order have so far been denied regardless of how they were filed, the motions to dismiss for lack of personal jurisdiction have not. In other words, Syfert's package is allowing people to mount an effective defense against the claim and the USCG is faced with the very expensive possibility of having to re-file thousands of individual cases in order to get around it.
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Red Squirrel said:
Yeah that's the part that pisses me off. who cares if it's cival, federal, provincial... that's not the point. They should still have to proove it was actually that person, if there's no way, then the case should be thrown out.
Click to expand...

You're mixing and matching non-similar things. In a criminal case, the government is charging you with breaking the law and prosecuting you for the common good, because you're a bad lawbreaker. The Founding Fathers felt it was better to have 10 guilty men go free than to have 1 innocent man wrongfully imprisoned. Because of this, the defendant is assumed innocent until proven guilty beyond any shadow of a doubt.

In a civil case like this, it's one person/company claiming that the other did something to hurt them. It's basically a matter of which side can do a better job of proving they're right. There's no "innocent until proven guilty", it's just who has a better argument.

As for the matter of matching an IP to a specific person, that's one of the things that should be handled by the court in this situation. If the defendant can make a successful case that it can't be proven he did it, then the plaintiff no longer has a case against him. The kit above specifically mentions having an open WiFi AP which makes it nearly impossible to prove that it was you doing the downloading.
 
nobody_here said:
what has always escaped me, is the connection from IP to human being, how do they prove that that particular person was the one who initiated the action on the keyboard to download the content.....seems to me that's impossible to prove and the fact that you own the bill to me has nothing to do with what happens to a data stream across so many leaps
Click to expand...

If it is your name on the contract, it is your internet and your responsibility to make sure it is secure and that not anyone can use it, not like it is rocket science this day in age to do that.
 
retali8 said:
if it wasn't you...get a lawyer and if the isp releases your info counter sue.
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How can one even answer this? The subpoena does not even state what I am accused of doing? It only states my IP was found in a torrent swarm which contained there personal property.
 
tgray96 said:
yup damn government :)
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What does this have to do with the government? One greedy movie owner suing a person he thinks stole his product. Next i suppose you will try and make this Obama's fault, get a grip.
 
So these are the motherfucker's responsible for spamming Tawnee Fucking Stone all over the internet a year or 2 ago.

Motherfuckers got some balls, going after you for allegedly stealin pron, whilst they go about spamming the entire internet with their Tawnee Stone shit.

It wouldnt be so bad if the bitch was nice, but she is fugly and jailbait.

If you have been served, play dumb regarding your wireless signal and security, also these fucks do this because they know most ppl will pay, as nobody wants to goto court and fight a case based on downloading pr0n illegally, deny it and play dumb when it comes to how pc literate you are regarding your wireless router, if you dont have one, get one now.

EDIT:

It says somewhere in that link the op posted, That an application for registration in the US Copyright Office is pending, wouldnt that mean that it hasnt got a copyright until the application has been approved ? if that is so, then it wont matter, because at the time you and others downloaded it, it never had a copyright applied to it.

I could be wrong and most probably am, but if its still in the registration process, then they are trying to sue you for something that isnt as of yet copyrighted. So the whole downloading copyrighted material could infact be a totally moot point, or it could just be a scary letter made out to look like the items are copyrighted thus making you panic into paying up.

What I am referring to is on page -6- item 21, then on item 23, it says that the defendant copied/reproduced the plaintiffs owned and copyrighted work, I wish these fucks would make up their mind, it is either in the process of being copyrighted ( which it can be refused and fail to get a copyright ), or it is copyrighted.

Get a lawyer who specialises in copyright cases to find out wtf they nubs are upto.
 
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jstutman said:
According to the subpoena, i downloaded "Jordan Capri complete collection"
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Actually, according to your link, it doesn't say you did. It's giving an example of something that ANOTHER defendant is accused of downloading.

I seriously doubt they have a case here.
 
MrGuvernment said:
If it is your name on the contract, it is your internet and your responsibility to make sure it is secure and that not anyone can use it, not like it is rocket science this day in age to do that.
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This is just incorrect, until there is a law on the books(not likely) that states that its your responsibility to secure your network no one can tell you otherwise, period. ill give you a great example NOT relating to information technology:

You leave your car doors unlocked and some crackhead steals it and kills 2 people, are you responsible? hell no.

Good catch sandman, I didn't even realize when I saw the thread start. OP, I would simply tell the ISP that if they release information about you they will be hearing from your lawyer regarding an invasion of privacy suit due to lack of evidence.

keep us posted, I always love hearing about stuff like this.
 
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