Comcast and Time Warner Cable intervene in massive file-sharing lawsuits - GoFuckYourself.com

Gabriel · 02-08-2011, 02:49 PM

The big ISPs, especially Comcast and Time Warner Cable, have intervened for months in massive file-sharing lawsuits, telling judges that they simply can't drop all of their activity for law enforcement in order to spend weeks doing IP address lookups on behalf of pornographers. And, when the ISPs get the chance to make their arguments before judges, they routinely go beyond complaints about the workload and challenge the very basis of the mass lawsuits.

One recent case serves as a good example. Last November, the large New York law firm of Foley & Lardner jumped into the P2P game, filing John Doe lawsuits on behalf of films like Anal Fanatic. A judge granted expedited discovery and subpoenas went out to ISPs?but the ISPs objected.

Comcast tried privately to negotiate a schedule, suggesting that the company could do 25 IP address lookups a month and for $95 apiece (a bargain given the $120 list price). The Foley & Lardner attorneys didn't agree. So Comcast, upset about the pressure it was under, sent one of its lawyers to intervene in the Anal Fanatic case.

Two judges overseeing two similar cases granted Comcast's lawyer a joint hearing. According to Houston attorney Rob Cashman, who was representing one of the defendants, the hearing went quite badly for the plaintiffs:

I have heard that one judge (Judge Thomas P. Griesa) got upset with the plaintiff attorney based on the jurisdiction, joinder, etc. issues with the case, dismissed it, and walked off the bench. The other Digiprotect case with Judge Paul A. Crotty was not dismissed, but the judge was upset about what he heard. I believe Judge Crotty gave the plaintiff attorney a number of days to respond to the issues this attorney brought before the court.

Despite the oral dismissal, Foley & Lardner attorney Britton Payne continued to seek settlements from defendants in the days that followed, including one from Cashman's client.

Cashman didn't like this, even though such oral dismissals are not binding and judges may later change their minds. "I do not believe this changes anything or permits the plaintiff attorney to solicit a settlement offer while the case is in limbo since as it stands, the case is dismissed," he told me a few days ago.

Britton Payne, a recent Fordham law school grad who also illustrates books and sings in a cappella groups, did not respond to questions about the propriety of this approach to settlements.

When we called Judge Griesa's chambers on Thursday, we were told that the case had in fact been orally dismissed back in January at the hearing with Comcast's attorney?but that the judge had just rescinded his own order at another court hearing on Wednesday. Anal Fanatic is back in play, and settlements can continue.

But the ISPs don't intend to let this drop. Time Warner Cable has just asked Judge Griesa to admit one of its own attorneys to the case, and the judge this week agreed. It's safe to say that Time Warner, which was called "a good ISP for copyright infringers" by another P2P attorney last year, won't be on the side of the pornographers.

http://arstechnica.com/tech-policy/n...-subpoenas.ars

LOL, I love that Comcast tried to negotiate a schedule and rate.

Harmon · 02-08-2011, 02:58 PM

I like how one of their lawyer's last name is Cashman. Irony?

Gabriel · 02-08-2011, 03:16 PM

The Foley & Lardner attorney, Britton Payne looks like he is still in High School.

Barefootsies · 02-08-2011, 03:17 PM

Quote:

Originally Posted by Harmon

I like how one of their lawyer's last name is Cashman. Irony?

Cha-CHING!

Barry-xlovecam · 02-08-2011, 06:03 PM

ConCrap :P

slavdogg · 02-08-2011, 06:18 PM

oral dismissal

gideongallery · 02-08-2011, 10:52 PM

Quote:

Originally Posted by Gabriel

LOL, I love that Comcast tried to negotiate a schedule and rate.

why it cost money to go thru records and present them in a useable format.

AzteK · 02-08-2011, 10:57 PM

Quote:

Originally Posted by slavdogg

oral dismissal

that's what she said

Gabriel · 02-08-2011, 11:09 PM

Now they get to pay a lawyer to get involved.

WiredGuy · 02-08-2011, 11:37 PM

$95 to do an IP lookup? I'm surprised Comcast isn't hiring tons of staff to jump over this, easy money for the telecom.
WG

gideongallery · 02-09-2011, 06:56 AM

Quote:

Originally Posted by WiredGuy

$95 to do an IP lookup? I'm surprised Comcast isn't hiring tons of staff to jump over this, easy money for the telecom.
WG

it not as cheap as you think it is if you do it legally. privacy laws have to be obeyed, in canada every "extra" piece of information they release is 10k fine.

a good lawyer would have to "confirm" that the information given is only what is being ordered by the court.

L-Pink · 02-09-2011, 07:37 AM

Hey gideon, I haven't said "fuck you" in quite a while.

.

Sly · 02-09-2011, 07:55 AM

Quote:

Originally Posted by gideongallery

why it cost money to go thru records and present them in a useable format.

I've never heard of being able to charge the government or a plaintiff for information required for discovery or by subpoena. Is that common practice?

Paul Markham · 02-09-2011, 08:14 AM

If the IP addresses are logged in a computer, with the owner of that IP address and his street address. Why is it such a problem to look it up?

Even if they had billions of users, which they don't, it wouldn't take more than a few minutes. Or is all this information only kept on paper?

OK I'm not that up on computers and IP addresses but it seems easy to me.

02-08-2011, 02:49 PM	#1
Gabriel Confirmed User Industry Role: Join Date: Apr 2002 Location: So*Cal Posts: 4,789	Comcast and Time Warner Cable intervene in massive file-sharing lawsuits The big ISPs, especially Comcast and Time Warner Cable, have intervened for months in massive file-sharing lawsuits, telling judges that they simply can't drop all of their activity for law enforcement in order to spend weeks doing IP address lookups on behalf of pornographers. And, when the ISPs get the chance to make their arguments before judges, they routinely go beyond complaints about the workload and challenge the very basis of the mass lawsuits. One recent case serves as a good example. Last November, the large New York law firm of Foley & Lardner jumped into the P2P game, filing John Doe lawsuits on behalf of films like Anal Fanatic. A judge granted expedited discovery and subpoenas went out to ISPs?but the ISPs objected. Comcast tried privately to negotiate a schedule, suggesting that the company could do 25 IP address lookups a month and for $95 apiece (a bargain given the $120 list price). The Foley & Lardner attorneys didn't agree. So Comcast, upset about the pressure it was under, sent one of its lawyers to intervene in the Anal Fanatic case. Two judges overseeing two similar cases granted Comcast's lawyer a joint hearing. According to Houston attorney Rob Cashman, who was representing one of the defendants, the hearing went quite badly for the plaintiffs: I have heard that one judge (Judge Thomas P. Griesa) got upset with the plaintiff attorney based on the jurisdiction, joinder, etc. issues with the case, dismissed it, and walked off the bench. The other Digiprotect case with Judge Paul A. Crotty was not dismissed, but the judge was upset about what he heard. I believe Judge Crotty gave the plaintiff attorney a number of days to respond to the issues this attorney brought before the court. Despite the oral dismissal, Foley & Lardner attorney Britton Payne continued to seek settlements from defendants in the days that followed, including one from Cashman's client. Cashman didn't like this, even though such oral dismissals are not binding and judges may later change their minds. "I do not believe this changes anything or permits the plaintiff attorney to solicit a settlement offer while the case is in limbo since as it stands, the case is dismissed," he told me a few days ago. Britton Payne, a recent Fordham law school grad who also illustrates books and sings in a cappella groups, did not respond to questions about the propriety of this approach to settlements. When we called Judge Griesa's chambers on Thursday, we were told that the case had in fact been orally dismissed back in January at the hearing with Comcast's attorney?but that the judge had just rescinded his own order at another court hearing on Wednesday. Anal Fanatic is back in play, and settlements can continue. But the ISPs don't intend to let this drop. Time Warner Cable has just asked Judge Griesa to admit one of its own attorneys to the case, and the judge this week agreed. It's safe to say that Time Warner, which was called "a good ISP for copyright infringers" by another P2P attorney last year, won't be on the side of the pornographers. http://arstechnica.com/tech-policy/n...-subpoenas.ars LOL, I love that Comcast tried to negotiate a schedule and rate. __________________ ICQ#: 142295729

02-08-2011, 02:58 PM	#2
Harmon ( ͡ʘ╭͜ʖ╮͡ʘ) Industry Role: Join Date: Mar 2004 Posts: 20,000	I like how one of their lawyer's last name is Cashman. Irony? __________________ [email protected]

02-08-2011, 03:16 PM	#3
Gabriel Confirmed User Industry Role: Join Date: Apr 2002 Location: So*Cal Posts: 4,789	The Foley & Lardner attorney, Britton Payne looks like he is still in High School. __________________ ICQ#: 142295729

02-08-2011, 06:18 PM	#6
slavdogg Confirmed User Join Date: Jan 2001 Posts: 3,570	oral dismissal __________________ Adult Traffic for Sale

02-08-2011, 11:09 PM	#9
Gabriel Confirmed User Industry Role: Join Date: Apr 2002 Location: So*Cal Posts: 4,789	Now they get to pay a lawyer to get involved. __________________ ICQ#: 142295729

02-08-2011, 06:03 PM	#5
Barry-xlovecam It's 42 Industry Role: Join Date: Jun 2010 Location: Global Posts: 18,083	ConCrap :P

02-08-2011, 11:37 PM	#10
WiredGuy Pounding Googlebot Industry Role: Join Date: Aug 2002 Location: Canada Posts: 34,451	$95 to do an IP lookup? I'm surprised Comcast isn't hiring tons of staff to jump over this, easy money for the telecom. WG __________________ I play with Google.

02-09-2011, 07:37 AM	#12
L-Pink working on my tan Industry Role: Join Date: Mar 2005 Location: Florida/Kentucky Posts: 39,152	Hey gideon, I haven't said "fuck you" in quite a while. .

02-09-2011, 08:14 AM	#14
Paul Markham Too old to care Industry Role: Join Date: Jun 2001 Location: On the sofa, watching TV or doing my jigsaws. Posts: 52,943	If the IP addresses are logged in a computer, with the owner of that IP address and his street address. Why is it such a problem to look it up? Even if they had billions of users, which they don't, it wouldn't take more than a few minutes. Or is all this information only kept on paper? OK I'm not that up on computers and IP addresses but it seems easy to me. __________________ Blowout deal. 880 videos, 2,400 image sets, plus many RAW videos. $500. PM me for a deal. Skype Paulmarkham70