New tactic in mass file-sharing lawsuit: just insult the EFF

Posted by BernardSwiss on Feb 1, 2012 4:38 PM EDT
Ars Technica; By Nate Anderson
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An old legal aphorism says, "If the facts are on your side, pound on the facts. If the law is on your side, pound on the law. If neither is on your side, pound on the table." After reading the latest salvo in the P2P porn copyright wars, it's clear that some poor table has been abused horrifically. The craziness comes from the most recent filing in a Hard Drive Productions case against nearly 1,500 "Doe" defendants accused of sharing one of the company's films online. The case, filed in DC, follows the familiar pattern: sue anonymous Internet users in some random federal court, use the case to obtain subpoenas, unearth the identity of the Internet users, and send them "settlement letters" offering to save them from litigation if they would just pay a few thousand dollars. The Electronic Frontier Foundation (EFF) has contributed to many of these cases, arguing—sometimes successfully, sometimes, not—that such cases are an abuse of the judicial process...

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