[ale] OT: Is this for real? Fwd: Notice of Claim of Copyright Infringement.

[Jay Lozier]

On 06/07/2012 02:19 PM, Katherine Villyard wrote:
> On Thu, Jun 7, 2012 at 1:58 PM, Michael H. Warfield <mhw at wittsend.com> wrote:
>
>> Actually, there's been mixed rulings on that, mostly on the side that
>> you are not.  At least one US judge recently handed the plaintiffs their
>> heads telling them that an IP address is not a unique identifier and
>> could not be associated with a particular defendant.  Europe has gone
>> both ways in saying IP addresses were protectable personal information
>> and subject to their privacy shields AND upholding that individuals
>> could not be culpable based solely up IP address identification but
>> there are plenty of counter examples in courts all around the world.
>>
>> However, it all can get really REALLY ugly if it gets that far.  There
>> have been successful instances of that defense strategy in criminal
>> cases (kiddie porn) and there have been distinct failures.  The real
>> issue there, however, is the fact that you have to defend yourself and
>> ELOs know the defense and are generally prepared for the defense.
> Yeah.  Y'all do whatever you want, but I for one do not want to hire a
> lawyer to offer up the defense that I intentionally didn't secure my
> wireless.  That strikes me as something that might work, or might just
> make them angry.
An observation, generally it is the innocent (or victims) who need a
lawyer the most to protect themselves.

The problem is the an accusation of copyright infringement has been made
against an IP address not definitively to a specific person. More
details are needed to determine what actually happened. Also, loosing a
copyright judgment can be very expensive (150K per download, share, etc)
so the only question for me would be when should I start talking to a
lawyer.
>
> Katherine
>
> "Sometimes you wake up. Sometimes the fall kills you. And sometimes,
> when you fall, you fly."
> -- Neil Gaiman
>
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-- 
Jay Lozier
jslozier at gmail.com