ISP Fights "Hurt Locker" P2P Subpoena, Wins
ISP Fights "Hurt Locker" P2P Subpoena, Wins
Posted 09/27/2010 at 2:34pm
| by Ryan Whitwam
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This week, a Federal Judge in South Dakota sided with ISP Midcontinent and quashed one of the many Hurt Locker subpoenas seeking subscriber information. The ISP had, on August 9, received the subpoena via fax instructing them to hand over the details on people connected to several IP addresses. Midcontinent Decided that rather than comply, they would take the case to the local Federal Court.
The legal action stems from claims made by the US Copyright Group on behalf of a number of indie movie companies, including Hurt Locker makers Voltage Pictures. This legal group is issuing huge numbers of "Doe" subpoenas to force ISPs to divulge the real identities of those believed to have shared the film online.
While the ISP in question made a number of arguments as to why they should not have to comply, Judge John Simko decided to stop the subpoena right there because of "Federal Rule 45", which addresses how subpoenas must be handled with regard to geographic location. Simko believed that the Subpoena did not fulfill any of the four requirements, so it was quashed. The Judge also more or less called the US Copyright Group lazy for sending the document by fax instead of courier, or registered mail. Do you think this will affect other pending subpoenas in the case?
Image via Voltage Pictures
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stradric
September 28, 2010 at 7:24am
I'm glad to see the US Copyright Group fail. Their entire business model is pretty greedy and opportunistic and generally despicable. Even though our laws allow for it, that doesn't make preying on individuals for the benefit of powerful corporations and less disgusting.
The more the MPAA and their front groups try to squeeze down on pirates, the more people will feel justified in pirating. They just don't get that -- because they're greedy pricks that are afraid of losing their stranglehold on media.
aaronj2906
September 27, 2010 at 9:59pm
I see an irony in this whole thing: This movie, called "The Hurt Locker" did not even appeal to me. I watched it on blu-ray over my HDMI-connected PS3, with optical surround-sound. I think the movie is entirely forgettable.
essjay22
September 27, 2010 at 4:57pm
It always gets worse :http://demandprogress.org/blacklist/In the United States, a new law proposal called The Combating Online Infringement and Counterfeits Act (COICA) was introduced last week, and there will be a hearing in front of the Judiciary Committee this Thursday.
If passed, this law will allow the government, under the command of the media copanies, to censor the internet as they see fit, like China and Iran do, with the difference that the sites they decide to censor will be completely removed form the internet and not just in the US.
Please use the link from the Huffington Post for more informationhttp://www.huffingtonpost.com/david-segal/stop-the-internet-blackli_b_739836.html
jgrimoldy
September 27, 2010 at 6:45pm
It looks like essjay22 has made 15 posts. From the cursory glance I took, it doesn't seem that they are a hardcore tin-foil-hat-wearing extremist.
If you disagree with what was said, put up or shut the fuck up. I'm ready to listen. Instead, your lame-assed one-sentence post did zero to further your position. Instead, it made you look like the dick, Richard.
thesmilies
September 27, 2010 at 7:50pm
At one point that post was under the spammer trying to sell Nikes and whatnot.
There a delete button around here? Not trying to hate on essjay22
Not sure how my post moved from under the spammer to under him, maybe replies are always tabbed over and my previous response just bumped up. Sorry about the disruption
Eoraptor
September 27, 2010 at 3:33pm
I'm all for the "fuck the MPAA/RIAA/Lawyers of the world" Mentality, but sadly, this will only make them spend a few more bucks on hiring someone to schlepp papers. What really needs to happen is someone needs to bring the whole damned Digital Millenium Copyright Act before SCOTUS and have it all knocked down as the worthless peice of ass-fuckery it is. Seriously, there is supposed to be a difference between analogue and digital that makes us all have to bend over and grab our cheeks over anything stored as ones and zeroes?
aviaggio
September 27, 2010 at 3:00pm
Good. And with any luck the rest of them will be tossed out too. Time Warner recently got a favorable ruling against these guys as well. The future doesn't look too good for the USCG. Pity...
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