US Copyright Group Says ISPs Who Don't Cough Up User Names May Be Guilty Of Inducing Copyright Infringement

from the uh,-good-luck-with-that-one... dept

Thomas Dunlap, the lawyer who set up US Copyright Group, which mimics European operations like ACS:Law in threatening to sue tens of thousands of people on flimsy evidence in mass automated lawsuits for alleged copyright infringement if they don't pay up, sure has some interesting legal theories. We had already noted that at least Time Warner Cable was fighting the subpoenas, and in Dunlap's response, he's claiming that ISPs that don't just roll over and hand over the info open themselves up to charges of contributory copyright infringement under the Grokster standard put forth by the Supreme Court.

I can't see how anyone could possibly find Time Warner guilty of inducement for not handing over subscriber info -- especially not under the standards in the Grokster ruling. Those include that the company had to promote that its service could be used for infringement, that they failed to filter out those infringing uses when possible and that the business plan depended on a high volume of infringement. I don't see any of those three things applying to Time Warner and not handing over customer info on subpoenas. This seems like more bluster from Dunlap to try to get Time Warner Cable to just given in and hand over the names, so he can send out letters demanding payment.

Filed Under: automated lawsuits, copyright, inducement
Companies: time warner cable, us copyright group


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  1. identicon
    Anonymous Coward, 26 May 2010 @ 1:14pm

    Re: Re: Re: Re:

    "Where did anyone suggest this? You are making things up." - no, i am following your logic to conclusion. the legal letter is undeliverable (because the isp doesnt cooperate). so a lawsuit is filed john doe. john doe does not present (because the isp doesnt cooperate and doesnt notify their end user) and the john doe is found guilty. with a judgement in hand, the copyright holder then compels the isp to provide the information, and ding, they should up at your door not with a lawsuit or a settlement letter, but a default judgement potentially for millions.

    the standard should be pretty simple. if a lawsuit is files, the isp needs to comply or they risk creating liablity for themselves.

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