Skip to main content

View Diary: Legal Issue: I Could Use Some Kos Community Help (165 comments)

Comment Preferences

  •  I'm confused (1+ / 0-)
    Recommended by:
    mungley

    The claim is that someone installed software on the plaintiff's computer that allowed others to access it.
    Maybe someone else got busted for disseminating copyrighted material and they're claiming you hacked into their computer and installed it?
    Can you provide us with the entire [redacted] document that was filed?

    +++ The law is a weapon used to bludgeon us peasants into submission. It is not to be applied to the monied elite.

    by cybersaur on Tue Mar 05, 2013 at 02:26:22 PM PST

    [ Parent ]

    •  This might be where the bit torrent angle comes in (2+ / 0-)
      Recommended by:
      nchristine, kurt

      Bit torrent uses the machines of users to stream data to other users.
      That's where the 'torrent' comes in, when a bunch of small computers are hosting and sharing the material.

      The phishing claim would be that 'someone' installed bit torrent on the 'plaintiff's' computer. Then 'other people' were streaming material through those machines.

      If Charter gives the plaintiff the isp logs, then the plaintiff can look to see if copyrighted material was shared.

      Then they go to the actual copyright holder and get them to sue for actual damages.

      Or more likely as has been suggested, they go to the charter customers and say, "We know you were streaming other people's content" we'll squeal if you don't pay us.

      Take back the House in 2014!!!! ( 50-state strategy needed)

      by mungley on Tue Mar 05, 2013 at 04:35:22 PM PST

      [ Parent ]

    •  Me too. If you're being dragged into this, (1+ / 0-)
      Recommended by:
      kurt

      you have a right to see all of the pleadings. Summons, complaint, and answer. This smells like a telemarketer scam, only on the 'net. Have you seen any other court documents besides a subpoena? If you do get copies, go to the court clerk and have that person determine if they are real. Same with the subpoena. One usually doesn't issue subpoenas, first. They come later. Verify everything with the court this case is assigned to, and then get nervous if it's real. The court clerk can be your best friend in this matter.  

    •  How the scam works (8+ / 0-)

      A lawyer invents two fake entities.

      One fake entity sues the other fake "unknown" entity, claiming the second entity harmed them in some way, using the ISP's network.

      The lawyer, on behalf of the "harmed" fake entity, requests all the records from an ISP within the time window when the "harm" supposedly occurred, so that the "harmed" fake entity can supposedly figure out which of the ISP's real customer(s) caused the fake "harm."

      Well, wouldn't ya know, while examining the big pile of IP address evidence, the lawyer "discovers" that some of the ISP's customers downloaded copyrighted materials!

      The lawyer then sues those customers on the pretense that he is representing the copyright holder - often for significant sums. Most people either (a) don't know they're being sued, and thus don't appear in court, thereby forfeiting the case, and being subject to summary judgment for whatever $$ the lawyer claimed, or (b) don't have any idea how to defend against the scam and settle.

      Since it's pretty much guaranteed that some subset of an ISP's customers will download copyrighted material on a given day, this is a pretty lucrative scam for an unethical lawyer.

Subscribe or Donate to support Daily Kos.

  • Recommended (175)
  • Community (71)
  • Baltimore (50)
  • Civil Rights (42)
  • Bernie Sanders (39)
  • Culture (34)
  • Elections (26)
  • Law (26)
  • Economy (25)
  • Freddie Gray (23)
  • Education (23)
  • 2016 (22)
  • Rescued (22)
  • Labor (22)
  • Hillary Clinton (22)
  • Texas (21)
  • Racism (20)
  • Media (20)
  • Environment (20)
  • Barack Obama (19)
  • Click here for the mobile view of the site