--Previous Message--
: It's not just the game plan of the RIAA and the new US Copyright
: Group - numerous rightsholders have resorted to mass federal
: lawsuits against P2P users, including those in the gay porn
: industry. On Monday, Lucas Entertainment filed its first such
: lawsuit targeting 53 BitTorrent users alleged to have shared its
: pornographic film Kings of New York.
:
: The complaint is brief. Lucas says nothing about why it thinks
: that these users downloaded its film except to note that
: "monitoring of online infringement of Plaintiff's motion
: picture is ongoing." Instead, it has simply presented the
: judge with a list of 53 IP addresses, all of which are said to
: have visited gay-torrents.net ("a private website known for
: its vast index of videos depicting gay pornography") and
: then shared the film in question.
:
: In a separate sworn declaration filed yesterday, however, Lucas
: shed some light on its information collection practices. What
: does a porn producer know about tracking BitTorrent users?
: Little, so Lucas hired the Copyright Defense Agency, a new firm
: with an almost nonfunctional website.
:
: According to Eric Green, CDA's chief operating officer and a
: former Verizon mid-level manager, he took over CDA's operation
: in July of this year and operates from Las Colinas, Texas. On
: August 5, under contract from Lucas, Green "searched for
: the film on public and private torrent sites," then
: downloaded what he found on gay-torrents.net. He then recorded
: the IP address of every computer serving him pieces of the file.
: Sophisticated, this was not.
:
: While some companies have custom software and carefully
: documented processes, Green "recorded what I observed both
: as plain text in a spreadsheet and through a series of
: screenshots executed through the Windows Operating System, which
: captured exactly what was being displayed on my computer screen
: at the time the screenshots were taken. The time of these
: observations was duly noted in my spreadsheet."
:
: Next, he took his 53 IP addresses and sent each one to MaxMind,
: an IP lookup service, which told him which service provider
: controlled the block of addresses that included his target.
: Green then "manually" did his own reverse DNS lookup
: "to confirm that the IP addresses were not faked and that
: they properly corresponded with their internet routing
: assignments, as designated by the listed service provider."
:
: When his torrent download completed, Green took a look. He
: "opened the file and watched enough of the film, at varying
: intervals, to determine it was indeed the film for which it was
: named, Plaintiff’s film, Kings of New York. It was indeed a
: perfect and unauthorized copy of said film. I then saved copies
: of my logs and screenshots to a secure and private web server
: for archival purposes."
:
: The time between the alleged infringement and the filing of the
: federal lawsuit was amazingly short: three or four days. The
: infringements were detected on August 5-6, and the Lucas lawsuit
: was filed on August 9.
:
: In addition, the company has already asked the judge to force
: ISPs to respond to subpoenas in 15 days or less. Clearly, speed
: is an issue.
:
: The suit also claims the copyright infringement here was
: "intentional," which opens the door to much higher
: statutory damages that top out at $150,000 per infringement.
:
: More defendants will be added to the case before it's over.
: Lucas suggests that "information obtained in discovery will
: lead to the identification of additional infringing
: parties," and its ongoing "monitoring" may
: contribute more names, too. These sorts of schemes generally
: rely more on settlement letters than actual trials to collect
: the cash, however; something that may be doubly true when gay
: porn is the issue.
:
:
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