She Downloaded 54K Pr0ns

FrgMstr

FrgMstr

Just Plain Mean
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Everything is bigger in Texas! And while I do not doubt YOUR ability to download 54,000 pr0n videos, I do not believe that this woman being accused of doing so, actually did it. It seems as though this woman has been sued for downloading 15 video files, and now the plaintiff in the case is suggesting that she could actually be in the hook for a lot more. Asshattery at its best.

When Howard protested her innocence and refused to pay the proposed settlement for downloading 15 pirated videos, the adult company came back with two spreadsheets of additional downloads that were linked to her IP-address. “Malibu also produced two spreadsheets that suggest Ms. Howard made over fifty-four thousand downloads consisting of an estimated 27 terabytes of data over a four-year period, which is an average of 31 items every day for the last four years, and literally hundreds of items on certain days, including for example downloads of movies in the hundreds and in languages that Ms. Howard does not even speak.”
 
Ur_Mom

Ur_Mom

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Can't see the site at work, so just going off the quote.

including for example downloads of movies in the hundreds and in languages that Ms. Howard does not even speak.
Click to expand...

This doesn't matter. No one cares what they say in a porn. They could be talking about Satan and how great Mein Fuehrer is and I wouldn't care. It's best if they don't talk, anyway. We get the setup. Pizza guy, plumber, whatever. Maybe a movie producer. Just use that couch!

I really hope they get kicked out of court. This is obviously a BS case. It's a mockery of the court system. If this is allowed, then that court, the judge, the lawyers - they are a joke. It's insulting that this would even be attempted. If I were the judge, I'd tell them to get that shit out of there. It's so unbelievable that she could have done that, it'd be easier to say she caught an alien in Peru. You can't take that 'evidence' serious. If they do, I hope they all lose their jobs. They've already lost their credibility.
 
P

Pyro411

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Only way I could see this happening if she truly didn't know would be via someone exploiting her PC & running an IRC Bot for XDCC file transfers to others as well as other tools to facilitate the download of videos.

but hey, downloading 27TB of pr0n... who hasn't?
 
N

nysmo

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Pretty good example of how some random excel file produced by some random copyright troll should be considered wildly inadmissible. In fact, there's never really any proof if any of these companies come after you is there? They might get subpoenas from your ISP regarding your account info attached to your IP, but without the ISP or the host server backing up such claims, some random 3rd party company could never actually prove you did anything, especially since they're just gathering contextual data from a p2p swarm
 
D

Dead Parrot

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Her attorneys need to ask her ISP how many times in the last 4 years has she busted her download cap. If answer = 0, unless she had some service with no caps, pretty well blows the download spreadsheet out of the water. If they can invalidate the spreadsheet arguments, should cause doubt on the original claim as well.
 
G

Gigus Fire

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I thought it was proven by the courts that an ip address isn't proof positive that a specific person did it. All she has to do is claim she had an open wifi or someone hacked her wep password.
More than likely she or someone else at her residence used torrent and those 54,000 videos were uploaded copies.
 
S

Spidey329

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The article says that her IP# was linked to the last four years of downloads. Unless she has a static, did they bother to check with the ISP on if she had that IP# during that time?

It seems as if the IP# is the identifier, they just searched for all downloads from that particular IP. I doubt they searched for every IP she held during the times she held them.
 
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pavementeater

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Spidey329 said:
The article says that her IP# was linked to the last four years of downloads. Unless she has a static, did they bother to check with the ISP on if she had that IP# during that time?

It seems as if the IP# is the identifier, they just searched for all downloads from that particular IP. I doubt they searched for every IP she held during the times she held them.
Click to expand...
It wouldn't sup[rise me she if had some exploit software on her computer that allowed some else to spoof her IP or her ISP wasn't doing a very good job on network control... this kind of reeks IP address spoofing .

Then again who knows she could actually be guilty and was part of some kind of Piracy group. Crazy shit goes on all the time.
 
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deton8

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Aren't they going to have trouble if they can't prove she actually has any of those 54K videos she supposedly illegally downloaded?

They shouldn't have got greedy and just gone after her for the initial 15.
 
G

Gigus Fire

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deton8 said:
Aren't they going to have trouble if they can't prove she actually has any of those 54K videos she supposedly illegally downloaded?

They shouldn't have got greedy and just gone after her for the initial 15.
Click to expand...
It's a threat tactics used by lawyers to cower the people into settling out of court.
 
D

Deleted member 93354

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Hypergreatthing said:
I thought it was proven by the courts that an ip address isn't proof positive that a specific person did it. All she has to do is claim she had an open wifi or someone hacked her wep password.
More than likely she or someone else at her residence used torrent and those 54,000 videos were uploaded copies.
Click to expand...

While this is true, you can still be fined as owner of said account. (Similar to how you get ticketed for a red light camera even if you weren't driving)

I know it stinks. That said, open wifi and wep cracked passwords has always been an extremely weak defense that never hold up in court. It also takes a lot of money to hire a computer forensic expert to prove your computer has been hacked by trapping all traffic through a logging tool like fiddler, and examining all processes including those which might be rooted. (That is if said perp wasn't already scared off and erased his traces).
 
D

Deleted member 93354

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Hypergreatthing said:
It's a threat tactics used by lawyers to cower the people into settling out of court.
Click to expand...

Just like the music industry did. Same trick, different industry. And it's quite frankly ass-hattery at it's finest. Being accused publically of stealing music is no big deal. Being accused publicly of stealing brazillian rear pr0n can damage you. It's nothing short of extortion.
 
D

Deleted member 93354

Guest
pavementeater said:
It wouldn't sup[rise me she if had some exploit software on her computer that allowed some else to spoof her IP or her ISP wasn't doing a very good job on network control... this kind of reeks IP address spoofing .

Then again who knows she could actually be guilty and was part of some kind of Piracy group. Crazy shit goes on all the time.
Click to expand...

Doesn't work that way. All fiber, satellite, and cable modems (assuming broadband) have a unique mac address. It used to be you could sniff mac addresses and emulate your neighbors to share his connection. Those loopholes have long since been closed....unless you are running custom firmware which ISP's check for.
 
D

Deleted member 93354

Guest
Spidey329 said:
The article says that her IP# was linked to the last four years of downloads. Unless she has a static, did they bother to check with the ISP on if she had that IP# during that time?

It seems as if the IP# is the identifier, they just searched for all downloads from that particular IP. I doubt they searched for every IP she held during the times she held them.
Click to expand...

You are quite right. They would have to file a John Doe complaint and get a warrant issued to the ISP to match IP's to a name/address for all those periods.

But I believe ISPs are required to hold such information for at least a year now. And many ISP's hold it up to 5 years or more.
 
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Gasaraki_

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Ur_Mom said:
Can't see the site at work, so just going off the quote.



This doesn't matter. No one cares what they say in a porn. They could be talking about Satan and how great Mein Fuehrer is and I wouldn't care. It's best if they don't talk, anyway. We get the setup. Pizza guy, plumber, whatever. Maybe a movie producer. Just use that couch!

I really hope they get kicked out of court. This is obviously a BS case. It's a mockery of the court system. If this is allowed, then that court, the judge, the lawyers - they are a joke. It's insulting that this would even be attempted. If I were the judge, I'd tell them to get that shit out of there. It's so unbelievable that she could have done that, it'd be easier to say she caught an alien in Peru. You can't take that 'evidence' serious. If they do, I hope they all lose their jobs. They've already lost their credibility.
Click to expand...


LOL. Look... we all watch them for the story.
 
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J

jiminator

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sounds like bullshit. My, er, buddy downloads tons of porn, it is typically 200-300 GB of data monthly. That is about 100 videos. How much chicken choking can one do?
 
thesmokingman

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This will be thrown out as soon as it goes to trial. Then the defendant can counter sue ftw.
 
Lunas

Lunas

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You know those anti piracy ads have been bugging me who would not download a car if they could? I know I would print me off a 1967 mustang or a Ford raptor f150 or a Mercury cougar from 67...

All and all I hope she doesn't get scared into settling for these extortionists. They need to find a better way...
 
R

RogueTadhg

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She's perserving the entertainment for when the end-times comes. Imagine "I am Legend" being an adult flick instead of a recorded news segment. ...Or that could be the story behind the news segment.
 
NeghVar

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Hypergreatthing said:
It's a threat tactics used by lawyers to cower the people into settling out of court.
Click to expand...
Oxford Dictionary
Extortion: The practice of obtaining something, especially money, through force or threats.
In Texas
Title 7, Chapter 13, Section 31.01(3)(a)
induced by deception or coercion;​
Title 7, Chapter 13, Section 31.02
CONSOLIDATION OF THEFT OFFENSES. Theft as defined in Section 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext...extortion ...
​
Induced or coerced to settle outside of court for X amount of dollars or we will take you to court and ruin you.
False pretext. Courts have already ruled that just an IP address is not enough to identify a person. (Malibu Media v. 174.61.81.171) Deceiving the defendant that her IP address is enough to convict her.

Why are the lawyer and/ or the plaintiff not being charged for committing this crime?
 
thesmokingman

thesmokingman

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NeghVar said:
Why are the lawyer and/ or the plaintiff not being charged for committing this crime?
Click to expand...

It's not so easy to prove which is why they try to fleece as many as they can, shake the tree and see what drops. These are the same tactics that the MPAA and RIAA use.
 
O

ob1

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thesmokingman said:
This will be thrown out as soon as it goes to trial. Then the defendant can counter sue ftw.
Click to expand...

You would hope that is the outcome, however, she still has to pay a lawyer and go to court over the ordeal. And if you live around a bunch of dumbasses that don't understand how this works, you may get a shitty jury...
 
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Glyphic

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Based on the article, some of the filenames were listed in different languages, such as Korean/Japanese symbols and Cyrillic. I doubt she would be able to recognize what it was from that.
 
thesmokingman

thesmokingman

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ob1 said:
You would hope that is the outcome, however, she still has to pay a lawyer and go to court over the ordeal. And if you live around a bunch of dumbasses that don't understand how this works, you may get a shitty jury...
Click to expand...

The precedent has been there for a long time. But that won't stop trolls.

That hasn’t stopped lawyers from acting like IP addresses are virtual ID cards. According to Mitch Stoltz, staff attorney for the Electronic Frontier Foundation (EFF), more than 200,ooo people have been sued in mass BitTorrent lawsuits, many by “patent trolls” looking to scare people into settlements.
Click to expand...

http://techland.time.com/2012/05/07/you-are-not-an-ip-address-rules-judge/
 
ChoGGi

ChoGGi

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No Quagmire? I'm feeling a slight disappointment.

p3ZocWw.png



I am wondering how you bust one off to "OS X Yosemite 1010", is that an Apple RDF thing?
 
Kuurus

Kuurus

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Who downloads porn, either way? Don't most of us just stream these days? And torrents? Who the CRAP downloads that number of porn related torrents. Unless someone leeching off of her internet was running a porn site. Did they find any of these files on any hard drives in her home? Seems like a weak case to me
 
Master_shake_

Master_shake_

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NeghVar said:
Oxford Dictionary
Extortion: The practice of obtaining something, especially money, through force or threats.
In Texas
Title 7, Chapter 13, Section 31.01(3)(a)
induced by deception or coercion;​
Title 7, Chapter 13, Section 31.02
CONSOLIDATION OF THEFT OFFENSES. Theft as defined in Section 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext...extortion ...
​
Induced or coerced to settle outside of court for X amount of dollars or we will take you to court and ruin you.
False pretext. Courts have already ruled that just an IP address is not enough to identify a person. (Malibu Media v. 174.61.81.171) Deceiving the defendant that her IP address is enough to convict her.

Why are the lawyer and/ or the plaintiff not being charged for committing this crime?
Click to expand...

You need a judge with some huge cojones like judge Otis Wright. That's how.

Google prenda law. The best story evar.
 
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