Although I hate IP abuse (and wish Smith the best of luck), I see a number of issues with his complaint-- ranging from problems with standing to assert some of his claims to issues involving following the federal rules of civil procedure.
Smith isn't doing anyone any favors by filing his suit pro se, either. Every victory gives EMI favorable precedence it can use in the future.
I personally agree that other ISPs should take a similar approach.
More ISPs do not take a similar approach, however, because fighting the subpoenas can have substantial monetary costs, and it usually costs quite a bit more to fight the subpoena than it does to simply comply with the subpoena or discovery request. This analysis becomes even easier for the ISP when considering that many (but not all) states have laws that limit liability as a result of complying with third-party discovery requests or subpoenas.
This lady never even made it to the other side-- there could have been a sidewalk there for all intents and purposes. Nonetheless, I hardly see how Google could be liable unless it was the Google van that hit her (and even then, I believe her own negligence would be a bar to recovery).
Lawsuits like this give lawyers a bad name.
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