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Old 09-07-2011, 01:33 AM  
kane
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Join Date: Aug 2001
Location: portland, OR
Posts: 20,684
Quote:
Originally Posted by Biggy2 View Post
It's dumb to get one-sided in any way on this. Piracy isn't cool. Mass suing people isn't really cool either.

1. Piracy is inherently wrong, it's theft.
2. Suing people outside of their home jurisdiction isn't right, especially if they have no real contacts there. You aren't giving them a fair chance to defend themselves.

Solution:
3. Sue less people, in their home jurisdiction, with local lawyers. Then jurisdiction issues and issues like these go out the window. Some people in adult are already doing it and establishing a network of attorneys to handle the cases all around the country (http://www.xbiz.com/news/138200). Tough to make that argument when someone goes into a district, shows the court all the IPs are from within that district, you just obviously can't sue as many people.

If you end up on the wrong side of that suit, it's actually way more scarier for the end user. If you could choose to be a defendant, would you rather be one defendant of 5000 defendants, or one defendant of 30 defendants, in a specialty lawsuit just for you and a few others. You get way more attn when there's less defendants, and your price of settlement probably shoots up. You bet your ass these lawyers will go thru the process, win the judgements, and start seizing assets. And you bet they are going to look at who you are, and dedicate a whole lot more attention just to you.

While TorrentFreak will look at it and boast, what they don't realize is because piracy is inherently wrong, the solutions will be come more solid and concrete on how to properly do it, and to those who support piracy, that's a bad thing long-term for piracy users.
The jurisdictional issue is interesting. In the article is says: "The jurisdiction issue was another sticking point. Judge Zimmerman had trouble with Siegel?s claims that being in a BitTorrent swarm subjects people to nationwide jurisdiction. "

I have a feeling we will eventually get a ruling as to whether or not this is something that can occur. A variation of it happens in adult for obscenity crimes. They choose a district that is conservative and gives them the best chance of success then they order the products or access the websites from that location so that the trial can be held there regardless of where the original server is or where the company in question's office is.

If you are illegally downloading material and you are connecting to computers/networks all over the nation it would seem reasonable that you might be held accountable in any one of those different areas.
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