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165 Comments
- teaguehopkins, on 10/12/2007, -1/+170I hope the MPAA bit off more than they can chew this time.
- PAJK, on 10/12/2007, -0/+131I think this guy should take his winnings, and put it in a fund for people in similar situations to use for their legal fees, under the condition that their winnings also be put into this fund.
How sweet would that be? The MPAA funding their own demise? - zweben, on 10/12/2007, -0/+100I've been hoping that for years.
- scrubadub, on 10/12/2007, -1/+99"Look for a jury to weigh in by next summer."
A jury trial? If that's true the MPAA doesn't have a chance - fredclown, on 10/12/2007, -1/+93This guy is my new hero.
- Phyltre, on 10/12/2007, -0/+76At least there'll be rulings made that will determine whether or not the methods the MPAA is using to find infringements will even hold up in court.
- jsd8cc, on 10/12/2007, -0/+69Here's Shawn's blog:
http://www.digitalpoint.com/~shawn/
Give him a shout out with your support. - iamhumble, on 10/12/2007, -8/+68The MPAA must die!
- mrmidgetman, on 10/12/2007, -0/+55if i have ever wanted jury duty it is now.
- dsargent, on 10/12/2007, -1/+52“We look forward to addressing his issues in a court of law.”
Liars.
I think someone didn't do their homework.
"We're suing a rich person? IDIOT! I said MOTHERS and CHILDREN first!!!!" - xutopia, on 10/12/2007, -2/+51The USA is in a sad position when the people have to depend on rich people to make a stand for what is right. How did the land of freedom become such a mess?
- dgulbran, on 10/12/2007, -0/+43****NOT LEGAL ADVICE****
The obligatory "I am not a lawyer, just a humble law student disclaimer...
Yes, assuming the MPAA loses, it will help establish *some* precedent... in that district... but not necessarily in others. Funny thing about jurisdiction...
In the end, this is not really a case about the copyright law, at least from the articles I've seen. It will really be a case about the admissibility of the "evidence" gathered by the MPAA. The MPAA will have to establish that the IP address can be linked to him, and in doing so meet certain standards for the evidence to be admissible. If it's not, then they have no case... and other courts might look to the decision to decide cases in their districts. If he loses, though, it could have the opposite effect. - xXShadowstormXx, on 10/12/2007, -5/+43I have to do this, forgive me for my immaturity in this post:
GOOD. YEAH! DIE MPAA! GO SHAWN! WOOO!!
Go ahead and digg me down. I don't care this time :). - Emperial, on 10/12/2007, -1/+32Finally someone is standing up against these extortionists. Good luck Shawn.
- wilf_brim, on 10/12/2007, -0/+28That line is pretty much stock from any lawyer, they aren't going to tell the truth, "We totally screwed this up, and will end up dropping the like a hot potato immediately before trial after the defendent has spent tens of thousands on his defense".
I think that the MPAA has really, really messed up. This guy has serious bucks and is pissed. And there IS a way that he can get a HUGE settlement. The entire method the the AAs use smacks of extortion. IANAL, but I think it is 50/50 that he could find a judge that would allow a RICO (Racketeer Inflenced Corrupt Organizations) lawsuit against them. If he wins, he basically will own the studios. - digitalpoint, on 10/12/2007, -1/+29Or just hope that they sufficiently irritated him enough that he funds other people's cases in order to set a precedent. ;)
- demigod, on 10/12/2007, -1/+28There is no way the MPAA is going to allow this to go to trial if it looks like it could set a presidence that would be against them. They will end up dropping the case with predjudice like the RIAA did agaisnt that mother. At that point we would have to hope that he would sue them.
- pr0t0, on 10/12/2007, -3/+30
DON'T GO! He's got a couple of David Hasselhoff music videos...
You don't want to watch, but you can't help it!
Now the voices...the images...make it stop! - iamhumble, on 10/12/2007, -2/+29Good idea!
- CursedMonkey, on 10/12/2007, -0/+26They also have to prove that the methods in which they accesed his personal information from the ISP were also legal.
- jals, on 10/12/2007, -1/+27Dude, posting a link to Slashdot on Digg? That's brave.
- scutter, on 10/12/2007, -1/+26That is an awesome idea.
- iSEPIC, on 10/12/2007, -0/+24I doubt it, like the others, the MPAA will drop the case before the end if they feel it's not going their way. They DO NOT want to LOSE a case.
- inactive, on 10/12/2007, -0/+24I wonder if the MPAA has ever heard of "jury nullification"???
You know, it'd sure be a damn shame if the jury didn't agree with them.... - inactive, on 10/12/2007, -0/+22He's already declined numerous settlements
- maino82, on 10/12/2007, -0/+21I would think that then he could counter-sue for filing a frivolous lawsuit if they just dropped the case. is this true? are there any legal-minded people here who might be able to shed some light on this?
- eastshores, on 10/12/2007, -1/+21"Look for a jury to weigh in by next summer."
Anyone else think that sounds a lot like a tag-line for a blockbuster coming out next summer? This summer.. Arnold Schwarzenegger is.. Little Taco Boy! - joeshlub, on 10/12/2007, -0/+20Yeah I'd definitly imagine that being the case. They only want to sue those who can't fight.
- danlovejoy, on 10/12/2007, -1/+20"If he wins, he basically will own the studios."
No, the MPAA is doing the dirty work. If there were a RICO prosecution, the government would own the MPAA, which is probably worth, oh, about, nothing. Unless you mean he will "pwn" the studios in a metaphorical way. Then yes.
But this won't be a RICO suit. Never. A countersuit against the MPAA and his ISP though? Perhaps. That would be cool. - sandbagger, on 10/12/2007, -2/+21And whatcha gonna do, when Shawn Hogan runs wild on you!
- samdu, on 10/12/2007, -0/+18That's when you counter-sue. :)
- robdavy, on 10/12/2007, -1/+18Seconded. It's a very sad world when only those with money (lots of money) can defend themselves.
In the UK, would Legal Aid help someone in a similar situation? Is there anything like that in the US? - xXShadowstormXx, on 10/12/2007, -7/+24By the way, Slashdot has an article on this also:
http://yro.slashdot.org/article.pl?sid=06/07/25/1717226
Insightful user comments on there. - Crashwithuhk, on 10/12/2007, -1/+17"He sold tortillas on the corner and the mob wanted in..."
- bdmbdm, on 10/12/2007, -0/+15This makes me happy. :)
- 15charmaxwtf, on 10/12/2007, -1/+16If they didn't have such retarded laws on copyright infringment there woudln't be a mess.
- inactive, on 10/12/2007, -1/+13On a side note, I just got another 320GB External HD in the mail.
I'm going to start my usenet batch when I go to sleep here in a few min.
Love you RIAA!
*KISSES* - funk49, on 10/12/2007, -0/+12It might have something to do with the fact that both political parties have hijacked the goverment and left the people with little to do because only a small percentage see it. This is why the US is in the state it's in. Very few politicians will stand up for what's right and risk getting the boot.
- JoVoCop, on 10/12/2007, -0/+11What a class act, here's a quote from his site: "Update #2: I've been getting bombed with requests from people to donate. If anyone really wants to donate, take that money and donate to the EFF instead."
- deut, on 10/12/2007, -5/+16@xutopia
Perhaps because you guys have been asleep at the wheel whilst your corporations and government have been busily shafting you left, right and center ??? - inactive, on 10/12/2007, -0/+11You mean the MAFIAA
Music And Film Industry Association of America - holmes101, on 10/12/2007, -0/+11Ya, now how do I get on this jury?
- Web_Weasel, on 10/12/2007, -1/+11It's OK. Most of us feel the same way. As a matter of fact...
GO SHAWN!!! GET THEIR GUTS FOR GARTERS! WE WANT HEADS ON PIKES!
There, I feel better now too. - scottmoss, on 10/12/2007, -0/+10I like the guy and I don't even know him. He will not accept any donations and directs everyone to donate to the EFF. This guy will be the poster boy for every "User"!
- inactive, on 10/12/2007, -1/+9It's not about that. If the guy actually did download one single film, do you really believe that $2,500 is a reasonable amount of compensation for the MPAA?
As far as I'm concerned the value of the film is the compensation at MOST and even then it's not the whole thing with packaging and extras. - inactive, on 10/12/2007, -0/+8Not necessarily. If I understand the US courts properly (I'm from the UK) I believe that if this guy comes out on top, it sets a precedent for similar cases which will allow other people to stand and fight with a hope of winning. I think they often base judgement of current cases along similar lines to previous cases where a similar situation occured.
IANAL and I'm not even from the US, so mod me down if I'm talking ***** :) - IanPhillips, on 10/12/2007, -0/+8"Is he responsible for what someone else does on his network because of his lax security?"
Of course wifi security of any kind won't keep out the people that really want in. Wifi itself is insecure. - rdoger6424, on 10/12/2007, -4/+12OMG PONIES!
- Ahnteis, on 10/12/2007, -0/+7No. $2,500 is the amount they're asking to drop the lawsuit. If found guilty, he could be fined much more (under new, stupid, and totally inproportionate laws).
- geekee, on 10/12/2007, -0/+7"This has left several controversies unresolved, including the lawfulness of how the associations get access to ISP records and whether it’s possible to definitively tie a person to an IP address in the age of Wi-Fi."
Are they hinting that his defense is leaving open a WiFi access point? Is he responsible for what someone else does on his network because of his lax security? -
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