700 ''Hurt Locker'' IP-addresses Goes to Court

[STravis]

[citation][nom]highlife[/nom]You have to prove that the people stole it. They can't given the ease with which computers can be hacked/botted/etc not to mention faking IPs. If somebody steals your car and uses it to steal TVs they can't prosecute you, unless they can prove you were a willing participant. If you get this letter, back-up, reformat and when you go to court, "Judge I became badly infected with malware, and several weeks ago even had to reinstall my OS."[/citation]

There's a name for that...spoliation of evidence. At that point they assume you're guilty and trying to cover your tracks - remember they the IP address and if the ISP complies can tie it to your modem. It really is game over at that point.

 

[STravis]

[citation][nom]carlosspicywiener[/nom]Actually that a good point that I forgot about. Unless they verified every IP address, their really is no way to legally say that this IP address belongs to this place.[/citation]

Yeah I don't think you can rely on that. IP spoofing is great if you're trying to set up a DDOS but if you spoof your IP address you shouldn't expect anything back (it will go to the IP address you pretended you were from) so claiming that won't get you anywhere.

Anyway this seems pretty draconian for 700 people but I guess at 2.5K it adds up.

That being said not sure why people bother downloading movies via torrent. Chances are the movie comes out at the same time on DVD (unless you get a crappy screener). Isn't it cheaper/safer to just mosey on over to Blockbuster, rent the movie, walk to your car, put it in your laptop, rip it and then return it? It sure is faster than torrenting the sucker (and safer).

 

[Guest]

I thought I read somewhere it was the first 5000 people who downloaded the movie before it was in theaters; these IP addresses are all from like a month ago. I dont get it.

 

[makyman1234]

only people who downloaded it from april 2010 - may 2010 will get in trouble? uploaders not? when should people be expecting a letter in the mail?

 

[g-thor]

Standard lawsuit practice - actual cost of damages plus punitive charges. It happens to big companies when they get busted for breaking the laws (really - especially workplace safety).

Say you sued MPAA because they caused you to have panic attacks. Would you settle for them just paying your wages for the time you lost at work, or would you expect to get punitive charges to make them think twice about causing panic attacks for other people (caused by launching large lawsuits against movie pirates).

I have to agree with most people on this, though - it won't stop piracy. Many people justify stealing music and videos, but if they snuck into a theatre without a ticket and got busted, would they try and use the same justification. I think MPAA and RIAA need to write pirates off as "We wouldn't have gotten any money from these people if we only charged a nickel" and walk away from it.

Most of us are honest. If we think the movie or the music is worth having, we'll pay for it. It makes me wonder if the top dogs of MPAA/RIAA can actually think that way, or do their minds not work like that. They also fail to see that we simply want to listen to/watch our purchases on whatever device we have - DVD player, computer, Zune/iThing or smartphone (really?). Let us do that and forget the rest.

Reward us who support you and don't treat us as if we're your enemy.

 

[g-thor]

Oh yeah - I wouldn't be surprised to find out that the MPAA started offering the torrent in the first place, just so they could gather "evidence".

 

[oxxfatelostxxo]

kinda suprised, no props for time warner not giving in?, even if it might be outta laziness/ money saving.

anyway, im pretty sure the 2500$ is for ppl that shared the copy.., if say somehow u magically downloaded it without sharing to anybody. pretty sure u could easily get away with a much lower fine if convicted

 

[STravis]

At the end of the day, they'll sue John Doe (based on IP address) then they'll subpoena Time Warner et al and the ISPs will provide the info (but it won't be free as they will be reimbursed for the effort).

The RIAA did it quite successfully and these guys can do it as well. In other words (unfortunately) if you're on the list you're probably fscked.

 

[anamaniac]

[citation][nom]jaysbob[/nom]why not just make them all buy a copy of the DVD?[/citation]
I looked for a Bluray, but I couldn't find one in my local shops.
[citation][nom]Strider-Hiryu_79[/nom]It's a good day to be a canadian.[/citation]
Eh!

I'm right here, waiting for you.

 

[Guest]

*yawn*

1. Downloading is not illegal. Sharing is.
2. I had no intentions of watching this movie but now I am going to pirate it just because of this.
3. Hahahahaha @ MPAA - This is an act of desperation from a dying beast. The moment you declared open war on a TECHNOLOGY you lost.
4. Idiots.
5. Time Warner rocks! Keep up the good fight!

 

[hanrak]

I live in England and they tried this shit on with me an thousands of others. It was a company called ACS law acting on behalf of a games company for some crap game. Basically deny all knowledge, they never took anyone to court cuz they knew they would lose. I guess some people did pay up tho thu fear alone. 500 smackers! Ignore these greedy bastards. 100,000 letters X 500 and half pay up. Great scam and its getting more and more popular.

 

[HappyBB]

This is just wrong. Punishing someone for someone else's crime.

 

[kschewe]

[citation][nom]grieve[/nom]I agree, I think the punishment should be no different then if a person was cought stealing the dvd from a store... same punishment.I also think for each instance you should be charged. for example i have over 1000 movies, i bought roughly zero. i honestly believe im guilty 1000 times of theft under. EXCEPT I LIVE IN CANADA and its fuckin legal, sorta, kinda... possibly not.[/citation]

Piracy is illegal in Canada also you moron. It is just not enforced at them moment.

 

[kschewe]

[citation][nom]v1ze[/nom]Considering IP spoofing, it won't even do that will it?[/citation]
Piracy is illegal in Canada also you moron. It is just not enforced at them moment.

 

[enzo matrix]

[citation][nom]grieve[/nom]EXCEPT I LIVE IN CANADA and its fuckin legal, sorta, kinda... possibly not.[/citation]
Maybe not after bill C-32 gets voted on over the summer? Third time's the charm right? After the first two failed bills?

 

[enzo matrix]

[citation][nom]kschewe[/nom]Piracy is illegal in Canada also you moron. It is just not enforced at them moment.[/citation]
It's not explicitly legal or illegal. Our copyright documents have not been updated since 1999.

 

[kschewe]

It is still illegal i think and it is even policed by interpol. Try giving away free copies of the hurt locker dvd movie away for a test lol.

 

[alexmihai]

I'm not an expert so this is just my opinion. From what i can see in the movies (ironic isnt it ?) it's not enough to have the murder weapon (the IP) you also have to link the suspect (the pirate) to it . Example : I use a friend's PC to pirate that overrated movie , how will the prosecution know and prove that i did it ? they will just sue my innocent friend . IMO this is just an act of desparation from corporations because they got 1 thing in this world they can't control ... the internet

 

[ianpac]

Simple defense - have an "expert" survey your house and note you have an unsecured wifi. The expert then works out how many of your neighbors can receive the signal. The prosecution can no longer prove beyond reasonable doubt who downloaded the torrent. End of case. No need to hire lawyers. You are untouchable for any prosecution until the day they make a law requiring you to secure your wifi!

 

[Guest]

The "Hurt Locker" totally sucked. The only reason why it got an academy award was because the director was James Camaron's ex wife, in an attempt to slam him.