Sunday, May 08, 2011

Judge sees the light: IP address != person

Good job. [Link]

"Could expedited discovery be used to wrest quick settlement, even from people who have done nothing wrong?" asked Baker. "The embarrassment of public exposure might be too great, the legal system too daunting and expensive, for some to ask whether [plaintiff porn company] VPR has competent evidence to prove its case."
Baker then went on to cite a recent mistaken child porn raid, where an IP address was turned into a name—but the named person hadn't committed the crime. "The list of IP addresses attached to VPR's complaint suggests, in at least some instances, a similar disconnect between IP subscriber and copyright infringer… The infringer might be the subscriber, someone in the subscriber's household, a visitor with her laptop, a neighbor, or someone parked on the street at any given moment."
Steele's request was denied until he can name at least one specific person in the case over whom the court has personal jurisdiction—though it's not clear he can do this at all without going to the ISPs for help. But the judge doesn't care about Steele's problems.
"The imprimatur of this court will not be used to advance a 'fishing expedition by means of a perversion of the purpose and intent' of class actions," Judge Baker concluded.

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