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WinMX World :: Forum  |  Discussion  |  WinMx World News  |  from the uh,-good-luck-with-that-one... dept
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Author Topic: from the uh,-good-luck-with-that-one... dept  (Read 341 times)

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Offline DaBees-Knees

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from the uh,-good-luck-with-that-one... dept
« on: May 26, 2010, 05:02:23 pm »
http://www.techdirt.com/

Quote
US Copyright Group Says ISPs Who Don't Cough Up User Names May Be Guilty Of Inducing Copyright Infringement

Thomas Dunlap, the lawyer who set up US Copyright Group, which mimics European operations like ACS:Law in threatening to sue tens of thousands of people on flimsy evidence in mass automated lawsuits for alleged copyright infringement if they don't pay up, sure has some interesting legal theories. We had already noted that at least Time Warner Cable was fighting the subpoenas, and in Dunlap's response, he's claiming that ISPs that don't just roll over and hand over the info open themselves up to charges of contributory copyright infringement under the Grokster standard put forth by the Supreme Court.

I can't see how anyone could possibly find Time Warner guilty of inducement for not handing over subscriber info -- especially not under the standards in the Grokster ruling. Those include that the company had to promote that its service could be used for infringement, that they failed to filter out those infringing uses when possible and that the business plan depended on a high volume of infringement. I don't see any of those three things applying to Time Warner and not handing over customer info on subpoenas.

This seems like more bluster from Dunlap to try to get Time Warner Cable to just give in and hand over the names, so he can send out letters demanding payment.

Another go by cartel lawyers at rewriting the law.  8)

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