tag:blogger.com,1999:blog-6273930.post110013891859711077..comments2021-10-07T15:55:02.935-03:00Comments on Canadian Privacy Law Blog: Commentary: Privacy, Piracy and Due Process in Peer-to-Peer File Swapping Suits (Findlaw)privacylawyerhttp://www.blogger.com/profile/03943567746055311435noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-6273930.post-1108702817863806652005-02-18T01:00:00.000-04:002005-02-18T01:00:00.000-04:00actually, this isn't accurate. the riaa and others...actually, this isn't accurate.<br />the riaa and others file a John Doe lawsuit. they then seek expedited discovery from the judge to serve teh ISP with a subpoena to learn the identity of the subscriber using the Ip address at teh relevant time.<br />The ISP then typically notifies the subscriber that a subpoena has been served and has, typically, ten days to seek an order quashing the subpoena or allows it to go through.<br />Once the subscriber is identified, the complaint is amended to name them directly.<br />then a lawsuit still has to proceed. Proofs have ot be made and conclusive evidence (preponderance of the evidence threshhold) must be met before anyone is liable.<br />That's when proofs that the person was out of town, working late, on a cell phone form somewhere else are submitted to disprove the claims. Also, war driving defenses are often made...<br />this procedure is far better than the former 512(h) subpoena process that we joined in the lawsuits ot stop.<br /><br />just thought I would add my 2 cents.<br /><br />ParryLegacy Userhttps://www.blogger.com/profile/15443685842335794170noreply@blogger.com