The IP argument is valid in "most" cases... it's not in "some" cases. The IP is powerful enough to subpoena ISP's for login, usage info, etc... that often and easily provides more than enough proof (even with open wifi) that someone in the house did the illegal uploading.
It's the IP "ONLY" blanketing/threats that's the issue, not dong it in the proper regions, etc.... but if they did get sued in that area, they would lose. It's the 1% that didn't do it, that makes IT ALL an issue.. The other 99% that choose to fight it, will lose.
Edit: Just like in this article/case... The judge kept one, the IP is a valid way to fight this ALL AROUND - It's not valid if you try to sue out of your region, the court can't touch those people... but that doesn't mean the case isn't valid though.
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