Hard Drive Productions is a pornographer that has switched business models, shifting its focus from making dirty movies to making sleazy lawsuits. It collected IP addresses of people who were supposedly downloading its movies over BitTorrent, then sent their ISPS legal demands to reveal their names. The next step would be demanding cash settlements from the named persons, threatening to name them in embarrassing lawsuits if they didn't pay up. Many of the victims of the sloppy data-gathering methodology have protested their innocence, but would like to remain anonymous in the court record, rather than having their names associated in a public document about pornography consumption.
Unfortunately the federal court judge in the case has ruled that in order to request anonymity, the 1495 defendants will have to have their names entered into the public record. The Electronic Frontier Foundation has asked the judge to reconsider.
The case is one of a growing number of mass copyright lawsuits that do not appear to be filed with any intention of litigating them. Instead, once identities of suspected infringers are obtained from ISPs, the plaintiffs send settlement letters offering to make the lawsuit go away for a few thousand dollars. A ruling on whether a film company may obtain identities of anonymous Internet users may be the last chance for defendants to be heard by the court.
EFF's brief explains both the speech implications of the ruling and the importance of the court rules that protect defendants, given the numerous ways these mass lawsuits violate due process.
"All that the plaintiffs need here to pursue their settlement shake-down scheme is the identity of the anonymous defendants," said EFF Intellectual Property Director Corynne McSherry. "These defendants have a First Amendment right to argue for their anonymity without the court forcing them to moot that argument from the start. We're asking for these motions to quash to go forward without requiring them to be unsealed, and we're also asking the court to throw this case out given the basic due process flaws."
EFF Asks Judge to Prevent ‘Catch-22’ in Porn-Downloading Lawsuit
The Dirty Cow vulnerability dates back to code included in the Linux kernel in 2007, and it can be trivially weaponized into an easy-to-run exploit that allows user-space programs to execute as root, meaning that attackers can take over the entire device by getting their targets to run apps without administrator privileges.
In 1967, Philippa Foot posed the “Trolley Problem,” an ethical conundrum about whether a bystander should be sacrificed to rescue the passengers of a speeding, out-of-control trolley; as self-driving cars have inched toward reality, this has been repurposed as a misleadingly chin-stroking question about autonomous vehicles: when faced with the choice of killing their owners […]
Researcher Yarden Katz scraped the database of Intellectual Ventures, a giant business that buys up patents, but produces nothing but lawsuits (previously), and discovered that IV claims ownership of nearly 500 patents that were created at public expense by researchers employed by public universities, and another 100 or so patents filed by the US Navy.
Geek Fuel is a subscription delivery service that caters to those of us that love comics, gaming, and general geek culture. Every month, Geek Fuel will assemble a box of goodies with a value of $50 or over. The specific items are a mystery, but you’ll always get an exclusive t-shirt not found anywhere else, a full […]
If you like to DIY and you like helicopters, you’re going to really love the Flexbot Hexacopter Kit. This copter blows traditional models out of the water: it includes everything you need to actually build your own hexacopter, and then pilot it like a pro, too.The construction is complicated enough to give you a challenge, […]
This week’s top deals from the Boing Boing Store range from lobster to wine to desk organization. 1. Get Maine Lobster (50% Off)With these discounted packages from Get Maine Lobster, you can experience the sweet, fresh flavor of world-renowned Maine lobster right at your own dinner table. There are four options to choose from, each at […]