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Old 10-07-2005, 01:34 PM   #133 (permalink)
Stompy
Banned from being Banned
 
Location: Donkey
Experience in these types of cases matters more than not.

But yeah, it boils down to the judge, but no one will allow a $50k suit to go through. It's just not reasonable.

More than likely, you will be asked to not do it again and it will be thrown out.

Yes, civil and trial are different, but that doesn't mean a big company can just produce an IP address, target a user, and sue them for $50k. You can't just randomly sue someone based on the fact that ALL you have is the IP. IP alone means NOTHING. It takes a lot more than that. You can question where they got the IP to begin with, and much more.

If alll they have is the IP and nothing more (and they won't have anything more), it's ridiculously easy to counter that. Not to mention they have to validate that you actually downloaded it. Without an inspection of the computer, this will not go through. If you wipe the file and any trace of P2P apps, you are clear.

I won't keep arguing about the unsecure wireless, but you are NOT obligated to secure it and it will not be held against you.

It's not rocket science. There is a process they have to follow, and in cases like this, it's hard to lose unless you admit guilt. When it comes to P2P, there are many tricks. You can argue till you're blue in the face, but anyone who knows anything about these cases will tell you the same thing I am.

The bottom line: it is incredibly difficult for them to prove anything since all they have is an IP address. The only time people lose is when they admit fault. That's it, really.

[edit]
And I don't really care to defend my point any further since this type of thing has been my forte ever since these cases have started. Have you done research on them at all? Google! It's easy. There's where I did 100% of my research. If you choose not to, and rely on me to provide the links, so be it, but I'd read up a bit more on this for additional insight as to what really works and what doesn't.
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Last edited by Stompy; 10-07-2005 at 01:46 PM..
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