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Comcast Wins Protest Against “Shake Down” of BitTorrent Pirates

moneyA big win for Comcast and its subscribers in a federal court in Illinois.

Comcast successfully defended its subscribers from being harassed by so-called copyright trolls.

Two weeks ago we first reported that Comcast was no longer complying to court ordered subpoenas where the ISP is asked to give up personal information of alleged BitTorrent pirates.

Instead of handing over subscriber info, Comcast asked the court to quash the subpoenas.

Among other things, the ISP argued that the court doesn’t have jurisdiction over all defendants, because many don’t live in the district in which they are being sued. The company also argues that the copyright holders have no grounds to join this many defendants in one lawsuit.

The real kicker, however, came with the third argument. Here, Comcast accused the copyright holders of a copyright shakedown, exploiting the court to coerce defendants into paying settlements.

“Plaintiffs should not be allowed to profit from unfair litigation tactics whereby they use the offices of the Court as an inexpensive means to gain Doe defendants’ personal information and coerce ‘settlements’ from them,” Comcast’s lawyers wrote.

“It is evident in these cases – and the multitude of cases filed by plaintiffs and other pornographers represented by their counsel – that plaintiffs have no interest in actually litigating their claims against the Doe defendants, but simply seek to use the Court and its subpoena powers to obtain sufficient information to shake down the Doe defendants.”

Comcast cited several previous cases to back up their claims and pointed out that federal rules require courts to deny discovery “to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.”

These arguments were successful because the judge quashed the subpoenas for the Comcast subscribers and dismissed the cases in question.

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  • Anyone

    and yet soon the 6-strike non-sense will start

    still, good news is good news.

    • No

       Who cares about the 6 strikes? It has already been said that pretty much nothing will happen (with the exception of possible throttling on a couple of the strikes). I highly doubt that the ISP’s will cooperate to the extent that the m&m industries would like. This article is proof that Comcast has some sort of concern for their customers (even if that concern is driven by profit). AT&T doesn’t bend over for them either. AT&T has already stated that, as far as they are concerned, only the courts can identify an individual as an offender or repeat offender. As proof of that, I was with AT&T for 5 years as a pirate. I never once received a DMCA notice from them. During that time I used a VPN service for about a month (StrongVPN…they suck for pirates). I did all the downloading that I normally did, but withing a week I had 5 DMCA notices from StrongVPN. I cancelled the service and went on a downloading bender for a month sharing more than 2 TiB of video and music. I also went back and downloaded every movie I got cited for while with StrongVPN.. I didn’t receive a single notice from AT&T.

      6 strikes my ass…

      • http://profiles.google.com/zerianis10 Christopher Kidwell

        That seems weird that you would get DMCA notices while using a VPN service. Apparently, StrongVPN is one that I will never use…. though I don’t really see the use for a VPN anyway since a IP address, even under IPv6, doesn’t point to a specific person or computer if you are behind a router.

  • Raul

    Buffy must have torn his ACL because he last reported that he was kicking ISP ass on this very issue.

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  • Jimbo

    well done to Comcast for pursuing this on behalf of customers. wonder if they would have been so keen though had the possibility of a mass exodus to another ISP not been there? however, it is good to see this and i hope there are many more courts that make the same decision. such a shame that a lot of court cases have gone before and the courts haven’t even considered the way the filing has been made, just ordering customer details to be revealed.

  • http://twitter.com/Anime4PSP Anime 4 PSP

    It’s not just good for Comcast. It’s strong precedent for similar cases. That’s of course if ISPs are willing to fight back.

    • Mwhahaha

      When everyone flocks to those that do fight back the others will follow suit on risk of dropping profits

  • Theadmiral

    It’s not clear exactly why the subpoenas  were quashed and if these people are out of the hot water or if they’ll just try again at a later date. I’m wondering if it was just a deal between the parties to put off litigation until after 6 strikes begins or some other date.

    What we really want to hear is that an IP address is not a person and that more evidence will be needed in order to compel an ISP to turn over customer data.

    We shall see what happens.

  • http://www.twitter.com/echoman74 echoman

    Well this is good news but i’m still questioning whether i would stay with them and all the flip flopping they’ve been doing with the mpaa/riaa.

  • Zebra52

    Kudos to Comcast for taking these shake down trolls to task.

  • Pingback: Comcast gana una batalla en los tribunales en defensa de sus usuarios por las descargas de BitTorrents | GeeksRoom

  • Nope

    Comcast is still handing all user information to the government, still
    telling the MPAA and RIAA your details, the only reason this is ‘news’
    is because they are not going to continue to give information to these
    pornographers as the amount of requests was costing comcast to process
    the orders. 

  • Pingback: Comcast Wins Protest Against “Shake Down” of BitTorrent Pirates – TorrentFreak | Official Offer

  • cantofang

    Finally, the kangaroo courts get it right. Its about time.
    Anon-Total.tk

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  • http://twitter.com/doghouselabs dh labs

    what happens when NBCU wants the owner of an ip address? will comcast tell them to take a hike?

  • FreeInternet777

    Ive noticed – in a general way – when the ISP’s fight back they usually win

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  • Chippy

    I’m sure the reason these subpoenas were quashed is due to the nature of the names of the titles of the content being shared. If Disney wanted your info because you downloaded Mulan they would probably get it simply because you won’t likely be tempted to settle out of court before even being named to the case, regardless of guilt. Things get a little less defensible when the title of title of a film is potentially so embarrassing that a JDoe will consider settling out of court, even if verifiability innocent, just to avoid being named publicly as the defendant.

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