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Verizon The Courts

Judge Orders Verizon Subscriber Identities Sealed 126

NewYorkCountryLawyer writes "In one of the mass 'John Doe' cases based on single BitTorrent downloads of films, Malibu Media v. Does 1-13, a pro se litigant made a motion to quash the subpoena. The Court granted a stay of the subpoena, pending its decision on the motion to quash. Unfortunately for John Doe, Verizon had turned over its subscribers' identities 5 days BEFORE the response was due, thus possibly mooting both the stay and the motion to quash. Fortunately for John Doe, the Judge wasn't too happy about this, ordered the information sealed, directed plaintiff's lawyers to destroy any copies, and ruled that they can't use the information unless and until the Court denies the motion to quash."
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Judge Orders Verizon Subscriber Identities Sealed

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  • by santax ( 1541065 ) on Tuesday May 22, 2012 @03:41AM (#40073959)
    Copying is not stealing, nothing is lost, as a matter of fact. things are duplicated. I for one, welcome my new Overlord 'thief' that duplicates my money! (and then there is this other little detail... they haven't been found guilty... (yet) )
  • by TheEyes ( 1686556 ) on Tuesday May 22, 2012 @03:41AM (#40073961)

    Basically what we've got is Verizon saying, "Oh goodie, we're so eager to ignore our user's privacy that we're going to jump right on mailing out their personal information to any third party who might be interested." Yeah, yeah, they have a court order, and obviously you have to comply with that, but you certainly don't have to go and do it early.

  • by Anonymous Coward on Tuesday May 22, 2012 @04:06AM (#40074051)

    Actually duplicating money would cause its value to drop, thus making everyone who isn't duplicating a little bit poorer.

  • by Sycraft-fu ( 314770 ) on Tuesday May 22, 2012 @04:15AM (#40074069)

    But ISPs do shit like that all the time. If they get a subpoena for your info in a "John Doe" form what they are supposed to do is notify you so you can fight it, if you wish. While filing a "John Doe" suit is a common and valid legal strategy when you are going after someone but lack the ability to identify them directly yet, that doesn't mean it is automatic. It is also used as a fishing expedition, as seen in these cases, and in those cases courts may quash it.

    Hence, your ISP tells you, and then if it isn't quashed (because you don't contest it or because a judge decides it is fine), they hand over the info.

    The problem is many ISPs just don't give a fuck about their customers because they know they lack options.

  • by CodeBuster ( 516420 ) on Tuesday May 22, 2012 @04:23AM (#40074105)

    Copying is not stealing

    Indeed, if it were then there would have been no need for copyright or infringement thereof as formal and separate concepts in the law because the property laws would have covered it. The fact that "copyright" does NOT fall under property law and that the "promotion of the progress of useful arts and sciences" is mentioned specifically and separately in the US Constitution, apart from any language concerning property, underscores their separateness and distinctness. The term "intellectual property" was invented and promoted by those whose interests were served by erroneously conflating the concepts of property and copyright or patent law. Indeed, the term "intellectual property" ought not to be used when referring to these matters because it injects bias and error into any discussion of patent or copyright.

  • by BlueStrat ( 756137 ) on Tuesday May 22, 2012 @06:00AM (#40074421)

    Wow, you've really skipped economics 101 haven't you...

    Actually, the problem is that it's likely he *did* take college economics. The bullshit Progressive/Keynesian fairy tales they teach the kids in schools and colleges these days is ridiculous, especially when it comes to economics. The last thing they want is for anyone to actually understand how they and future generations are being screwed.


  • Re:uhhh (Score:5, Insightful)

    by AngryDeuce ( 2205124 ) on Tuesday May 22, 2012 @08:01AM (#40074925)

    Why can't journalists write more down-to-earth like this?

    That's why I like reading Matt Taibbi's columns at Rolling Stone. He's the only person I've ever heard discussing technicalities around the financial crash of '08 in a manner that a normal, reasonably educated person could understand, and that's saying something, considering many of the matters being discusses are deliberately obfuscated in the financial world in order to hide the games they're playing.

  • oh the hypocrisy (Score:4, Insightful)

    by ChipMonk ( 711367 ) on Tuesday May 22, 2012 @08:06AM (#40074965) Journal
    Someone was (accused of) making a bunch of copies of something, without permission.

    The accuser's lackey hands over information, before the Court decides if it's appropriate to enter it into evidence. The Court decides it isn't (yet) appropriate, and orders all copies of the evidence destroyed.

    IOW, the accuser is now accused of making a bunch of copies of something, without permission. They just got a taste of their own medicine, at the hands of an unhappy judge.
  • by Anonymous Coward on Tuesday May 22, 2012 @08:10AM (#40074985)

    As opposed to the laughable Laffer curve and the Supply side nut jobs that ran the economy off a cliff? There's nothing magicaly about Keynesian economics and it's not a fairy tale either. When nobody is spending money, somebody has to spent it or you never get anywhere.

    As for future generations being screwed, when you compare the money spent by Keynes followers now with the much larger sum wasted on trickle down, I'll happily take Keynes, as at least it's done something positive for the economy, or have you forgotten what things were like before the stimulus?

    If you don't believe in spontaneous wealth generation, then you sure as hell shouldn't like what the GOP keeps trying to dish up.

I was playing poker the other night... with Tarot cards. I got a full house and 4 people died. -- Steven Wright