Quote:
Originally Posted by gideongallery
did you even read what i said
i never said that they couldn't get the identity, i said the fishing expeditions have now been denied.
there is a huge difference between getting the identity of a person who you know did something wrong anonymously (ie someone posting slanderous statements under a fake nick) and going on a fishing expedition thru logs to get the proof that they are guilty of a crime.
just because they can get a persons name, doesn't give them a right to route thru a person private surfing history hunting for proof of a POTENTIAL crime. That what the judges are now saying.
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Yes, I read it... You said it invades peoples privacy, and it doesn't.
In relation to the Doe Subpoena, what you stated exactly what previous court cases have stated, well before any IP cases happened. All you did was repeat what the law says....in your own half twisted way.
Quote:
Originally Posted by gideongallery
the point is for a john doe subpoena to be valid the lawsuit arguement of culpability must be valid
and judge birss just ruled that it wasn't
the bar has been set much higher, you need to prove that the infringment was "authorise" now.
now all we have to do is wait for the US courts to get their head out of their asses and do the samme thing across the pond.
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No the point of the John Doe is so you can sue and use the court to force people you couldn't otherwise ask, to give up the needed information.
The bar hasn't changed... The Judges have said, they CAN sue, just do it in the right district. Another words, blanket attacks wont get you far, but if you want to blanket the attack per state, and you have a lawyer in that state, have at it.