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Comment: Re:Ya, amazingly retarded (Score 2) 96

But ISPs do shit like that all the time. If they get a subpoena for your info in a "John Doe" form what they are supposed to do is notify you so you can fight it, if you wish. While filing a "John Doe" suit is a common and valid legal strategy when you are going after someone but lack the ability to identify them directly yet, that doesn't mean it is automatic. It is also used as a fishing expedition, as seen in these cases, and in those cases courts may quash it. Hence, your ISP tells you, and then if it isn't quashed (because you don't contest it or because a judge decides it is fine), they hand over the info.

In this case Verizon undoubtedly did notify the John Does that it would turn over the information on May 12th. The John Doe quite properly made the motion to quash well in advance of that date, back in April. Verizon had absolutely no business turning over the documents on May 7th. If I were the judge, I would be calling Verizon in on the carpet.

Comment: Re:oh the hypocrisy (Score 1) 96

Someone was (accused of) making a bunch of copies of something, without permission.

Actually just a single copy of a single low budget movie

The accuser's lackey hands over information, before the Court decides if it's appropriate to enter it into evidence.

... if it's appropriate to turn it over

The Court decides it isn't (yet) appropriate, and orders all copies of the evidence destroyed.
IOW, the accuser is now accused of making a bunch of copies of something, without permission. They just got a taste of their own medicine, at the hands of an unhappy judge.

Comment: Re:uhhh (Score 1) 96

I think it's something like this:
Malibu Media: "These addresses belong to the people who pirated our stuff. We demand their identities!"
The Judge: "Not so fast! I still have to check if you are entitled to this information."
Verizon, nonetheless: "Here, have their identities."
The Judge: "Fuck, are you deaf or just stupid? I said they can't have this information yet! Delete that shit right now or I'll open a can of legal whoopass on you."

Well said.

Comment: Re:So what you're saying here... (Score 1) 96

Basically what we've got is Verizon saying, "Oh goodie, we're so eager to ignore our user's privacy that we're going to jump right on mailing out their personal information to any third party who might be interested." Yeah, yeah, they have a court order, and obviously you have to comply with that, but you certainly don't have to go and do it early.

...particularly when you know there's a motion to quash pending

Verizon

Judge orders Verizon subscriber identities sealed ->

Submitted by
NewYorkCountryLawyer
NewYorkCountryLawyer writes "In one of the mass "John Doe" cases based on single BitTorrent downloads of films, Malibu Media v. Does 1-13, a pro se litigant made a motion to quash the subpoena. The Court granted a stay of the subpoena, pending its decision on the motion to quash. Unfortunately for John Doe, Verizon had turned over its subscribers' identities 5 days BEFORE the response was due, thus possibly mooting both the stay and the motion to quash. Fortunately for John Doe, the Judge wasn't too happy about this, ordered the information sealed, directed plaintiff's lawyers to destroy any copies, and ruled that they can't use the information unless and until the Court denies the motion to quash."
Link to Original Source

Comment: Re:Failure to comprehend (Score 1) 113

That's a great theory... Why don't you look in the copyright act and find where there's support for that theory that he's not subject to licensing fees since he didn't charge? We'll wait.

You mean this part?

to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending 17. USC 106(3);

Comment: Re:So NYCL... (Score 1) 113

I for one welcome our NYCL Overlords!

In order to prove your loyalty, you must obey my command and try to get this other story submission -- about Verizon responding to a subpoena BEFORE its response was due, and thus mooting judicial review of the subpoena -- voted up:
"Verizon answers John Doe subpoena BEFORE it was due"

Comment: Re:So NYCL... (Score 1) 113

I haven't seen NYCL (NewYorkCountryLawyer, for the uninformed) in a while and I do terribly miss him. He's one of the nicer things about Slashdot. But, it looks like he started posting again in the last few days! Hello NYCL!

Thank you Ihmhi

Yeah I really have been remiss, will try to do better :)

I miss you guys (and by guys I mean gals too)

Comment: Re:Failure to comprehend (Score 1) 113

Dear Prof. Nesson, and Mr. Tenenbaum

In order to have a distribution under copyright law there has to be a sale, or other transfer of ownership, or a rental, lease, or lending, to the public, none of which occurred here, so that's not an issue.

But thanks for asking.

Love

The Supremes

Send our regards to Theaetetus

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