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, 27 May 2010 @ 8:29am

    No law suit with out identity

    I dont understand how you people can say that you will get sued, and you wouldnt even know about it if TW doesnt comply with the information request???

    First off;
    1. The US copyright group DOES NOT KNOW WHO YOU ARE! all they have is an IP log, which they do a whois query on, to see which network the IP belongs to.

    2. They see the IP is owned by Time Warner cable for instance. THEN they contact time warner saying that they logged this IP at this time downloading this copyright material, demanding them to reveal the identity of this person.

    At this point one of two things can happen:

    A: TWC Reveals your information like name, address etc... Then you get a ransom letter in the mail demanding payment or else lawsuit.
    B: TWC refuses to give out personal info, US group doesnt know who you are, so no letter to you.

    At this point they can only file a lawsuit in court and force the isp to give out your info after a judge rulling.

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