Biggest BitTorrent Downloading Case in U.S. History Targets @ Least 23,000 Defendants

HOLLYWOOD

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Here's the pdf link on collected IPs: http://www.wired.com/images_blogs/threatlevel/2011/05/expendibleipaddresses.pdf

IP checker to see if you're on the list... I don't know how this is accurate with DHCP: http://www.wired.com/threatlevel/2011/05/bittorrent-lawsuit-checker/

http://www.wired.com/threatlevel/2011/05/biggest-bittorrent-case/

Biggest BitTorrent Downloading Case in U.S. History Targets 23,000 Defendants


At least 23,000 file sharers soon will likely get notified they are being sued for downloading the Expendables in what has become the single largest illegal-BitTorrent-downloading case in U.S. history.
A federal judge in the case has agreed to allow the U.S. Copyright Group to subpoena internet service providers to find out the identity of everybody who had illegally downloaded (.pdf) the 2010 Sylvester Stallone flick — meaning the number of defendants is likely to dramatically increase as new purloiners are discovered. Once an ISP gets the subpoena, it usually notifies the account holder that his or her subscriber information is being turned over to the Copyright Group, which last year pioneered the practice of suing BitTorrent downloaders in the United States.
Subpoenas are expected to go out this week.
All told, more than 140,000 BitTorrent downloaders are being targeted in dozens of lawsuits across the country, many of them for downloading B-rated movies and porn.

Many lawyers are mimicking the Copyright Group’s legal strategy, which includes offering online settlement payments, in hopes of making quick cash. The litigation can be so lucrative — with settlements around $3,000 per infringement — that two companies are both claiming ownership to a low-budget movie called Nude Nuns with Big Guns, and both firms are suing the same downloaders.
Not all federal judges, are agreeing to allow a massive number of subpoenas in a single case, but many are. The U.S. Copyright Act allows damages of up to $150,000 per infringement, and the cases all demand the maximum.
“It is well beyond time that the courts take control of these automated enterprises being run at great taxpayer expense with the active assistance of the federal court system,” said Lory Lybeck, a Washington state attorney defending about 100 BitTorrent defendants.
The IP addresses of the alleged copyright scofflaws are easily discoverable. Film companies pay snoops to troll BitTorrent sites, dip into active torrents and capture the IP addresses of the peers who are downloading and uploading pieces of the files.
The closest single lawsuit in size to the Expendables case targets 15,551 BitTorrent users for downloading a handful of porn flicks with titles such as Bi+++oles and Spin +++ck. A judge has not decided whether to authorize subpoenas in that case.
Thomas Dunlap, who heads the Copyright Group in Washington, D.C., did not return phone messages. He informed the court Wednesday that, so far, he’s obtained 23,322 IP addresses (.pdf) that have allegedly infringed the Expendables, up from 6,500 when he initially filed the District of Columbia federal court case in February.
 
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I wouldn't doubt much of the distribution is done on line by those holding the copyright. What a great gimmick, provide someone the ability to download their product, and then have them busted for doing so. Great money can be made that way.
 
how do they target these users? So IPS now have to search for 23000 users in their system and notify them. Isn't this going to cost ISP's a lot of money?
 
What is unsafe is a tyrannical system gone amuk "protecting purloined property', just as ol' Ben predicted.
Superfluous Property is the Creature of Society. Simple and mild Laws were sufficient to guard the Property that was merely necessary. The Savage's Bow, his Hatchet, and his Coat of Skins, were sufficiently secured without Law by the Fear of personal Resentment and Retaliation. When by virtue of the first Laws Part of the Society accumulated Wealth and grew Powerful, they enacted others more severe, and would protect their Property at the Expense of Humanity. This was abusing their Powers, and commencing a Tyranny
-- Benjamin Franklin (1785) unpublished

 
Do they honestly think that your IP address can link you to a crime now?
 
Couldn't you just go buy the movie and say you downloaded it to have a copy?
 
how do they target these users? So IPS now have to search for 23000 users in their system and notify them. Isn't this going to cost ISP's a lot of money?
First, they have recordings of 23,000+ IP addys, but the total suit targets 115,000+ IPs/downloaders, so they may be waiting on the ISPs to provide the additional logs.

Now Correct me if I'm wrong IT/Network folks, the only way this works is if ISP's keep DHCP server logs. There is no legal requirement to do so at this time, just hope your ISP doesn't keep the logs and the problem solved. Obviously from reviewing the pdf file on IPs and Time-Tagged connections, some ISPs are logging and saving/archiving all users of their services and now providing them to Plaintiffs.

The music industry pretty much nuked itself with it's fans for doing this very same thing. There sales NEVER recovered. I'm sure HOLLYWOOD will do the same. Between my ISP wanting download/upload limits, asymetrical connection speeds crimping my freedom to publish, and the incessant overpaid actors in HOLLYWOOD, etc etc... I've almost decided to forgo all the "technology" and get a tv tuner and antenna. I grew up with 8 channels, no TIVO, and somehow we survived.


If you're paranoid and know your field service techs @ your ISP, you could ask them about this and/or DHCP server logs, the suit, etc.
 
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Do they honestly think that your IP address can link you to a crime now?

After reading the article, it doesn't look like they plan on winning. They want to scare the $3,000 settlements out of as many people as possible then see where it goes. Lessons learned: Don't download anything, screaming is better. And if you think there is even a smidgen of a chance you're doing something wrong, the government will find you, threaten you, and bring you to court. So make sure to do everything the nice government people say.

I'm also beginning to think "Nude Nuns with Big Guns" isn't referring to their latest weapon purchase...sadness.
 
They are being sued for uploading, NOT downloading.

Uh...from the article:

"At least 23,000 file sharers soon will likely get notified they are being sued for downloading the Expendables in what has become the single largest illegal-BitTorrent-downloading case in U.S. history."

"All told, more than 140,000 BitTorrent downloaders are being targeted in dozens of lawsuits across the country, many of them for downloading B-rated movies and porn."
 
...
This week, however, an interesting ruling was handed down by District Court Judge Harold Baker that, if adopted by other judges, may become a major roadblock for similar mass-lawsuits.

In the case VPR Internationale v. Does 1-1017, the judge denied the Canadian adult film company access to subpoena ISPs for the personal information connected to the IP-addresses of their subscribers. The reason? IP-addresses do not equal persons, and especially in ‘adult entertainment’ cases this could obstruct a ‘fair’ legal process.

Among other things Judge Baker cited a recent child porn case where the U.S. authorities raided the wrong people, because the real offenders were piggybacking on their Wi-Fi connections. Using this example, the judge claims that several of the defendants in VPR’s case may have nothing to do with the alleged offense either.
 
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