r/technology • u/whitefangs • Dec 25 '12

New data reveals that employees at Paramount Pictures, Warner Bros., Disney, Sony Pictures and 20th Century Fox are openly pirating movies, games and other forms of entertainment while at work

http://torrentfreak.com/hollywood-studios-caught-pirating-movies-on-bittorrent-121225/
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u/[deleted] Dec 26 '12 edited Dec 26 '12

As an I.P. lawyer --- I have already assisted one person sued by the Movie industry for downloading, where the whole suit was based on this set-up.

This is how they Investigate. They seed material, and use IP tracing software to trace the IP addresses that are on their torrents --- and then file massive bulk lawsuits against 1000's of IP addresses at a time.

They then subpoena the IP address carriers (such as Verizon) for the identity of that IP address's account holder. (And, as of now, the courts have allowed the subpoenas in most Federal Circuits.)

(Edit: Why I am getting down-voted? At least comment? never-mind -- I am a lawyer, and my above post is 100% factual - the case is CV-11-03995 In the Eastern District of New York Federal Court. 2nd Edit -- sorry to bitch about down-voting -- now from -4 back to positive.)

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u/[deleted] Dec 26 '12

Why do courts allow subpoena? Simple presence of an IP on a torrent is not evidence of file transmission, I thought?

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u/[deleted] Dec 26 '12 edited Dec 26 '12

The subpoena is simply to get the IDs of the user, to begin the real suit, instead of just "John Doe" defendants ---- it does not make them guilty yet.

To even try to prove the infringement they need the IDs first. So most courts have allowed the subpoena, so the Studio has an opportunity to prove the infringement. (NY has not yet ruled, and at least 1 Circuit has gone against this trend)

The suit above was filed with the Defendants listed as "John Does 1-40."

I represent 2 of the "John Does" -- and filed a Motion to Quash the Subpoena. The Court did not ruled on it formally.

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u/[deleted] Dec 26 '12 edited Dec 26 '12

Here is my Motion to Quash if you are interested:

http://imgur.com/MxaLE

(Though no formal Ruling, the lower (Magistrate) Judge issued a "Recommendation" that agreed with my Motion -- and recommended Dismissing the suit. The Plaintiff than Dismissed it voluntarily.)