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
    RD, 26 May 2010 @ 2:04pm

    Re: Re: Re: Re: Re: Re:

    "You're either being disingenuous or you have no idea how the legal system works. You can't get a judgment held against you if you were never informed about a lawsuit. So the ISP has nothing to worry about there."

    Sadly, not true. I wish it were otherwise, but you most certainly can get a default judgment against you without ever having been notified. Ditto with having the funds in your bank account seized. Have had this happen to several friends of mine in the last 10 years or so, mostly from collection agencies and a few scumbag lawyers. All they have to do for a lawsuit is claim they sent you the paperwork, at your last known (to them) address. They dont even need to verify it was YOU that got it, just that they made the ATTEMPT. The bank thing requires even less. All they do is go before a judge, with little to no proof of the validity of the debt in question, and the judge grants them the right to go into your bank (if they find out what bank you are at) and as long as they have your SSN, they take any money found in any accounts at that bank with that SSN. Not continually, they have to request this each time, a separate judgment each time, and they cant get what isnt there, but still, you dont even have to be notified of this. You will get a letter from your bank telling you about it AFTER they have taken whatever was in the accounts. It shouldnt be allowed, but the system is so corrupt that lawyers and big CC and banks are in such tight collusion that they care only about raping the consumer for as much as they can take them for.

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