Lawsuit Says Granny Snagged Porn via BitTorrent
A 70-year-old woman is accused of downloading porn from BitTorrent but claims she doesn't even know what a torrent is.
It's a case of the movie industry striking out against numerous Jane and John Does, one of many that judges are now kicking out of court based on a lack of evidence. In this particular case, a 70-year-old retired widow is accused of downloading porn through the torrent channels. Problem is, she doesn't even know what a torrent is, and doesn't have the financial means to defend her case.
"It smacks of extortion," she told the San Francisco Gate. Typically she spends her days doing volunteer work in the East Bay and "fussing" over her grandchildren. But a lawsuit filed in April against her and dozens of other Jane and John Does by a Chicago law firm says differently, and is insisting that these people, along with the grandmother, cough up thousands upon thousands to settle out of court.
The scare tactics used to bully defendants out of court certainly does smack of extortion, and some legal observers are agreeing with her observation. Matt Zimmerman, senior staff attorney at the Electronic Frontier Foundation, said these mass Doe filings, embarrassing allegations and low settlement fees are all carefully calibrated to get "victims" into coughing up large sums of money even if they've done nothing wrong.
"It puts these defendants in a tough spot, especially with the coercive element of the porn allegation," he said.
According to the paper, Steele Hansmeier PLLC filed the case against "Does 1-46" in U.S. District Court in San Francisco on behalf of Hard Drive Productions. This case is one of many filed against 10,000 defendants of behalf of adult companies. Partner John Steele believes his firm is doing its part to fight back against "widespread copyright theft" that threatens to put his clients out of business.
The accused grandmother said the firm sent her a letter emphasizing that copyright owners can receive up to $150,000 in damages per infringing file. Her name could also be publicly mentioned, associating her with porn. To avoid the high penalty and embarrassment, the letter suggests she quietly settle with the client by charging $3,400 on her credit card. Shortly after receipt the firm followed up with a telephone call just before the settlement offer expired.
The woman told the SFG that she had no idea if her wireless Internet service required a password, but admitted that a handful of young men lived next door. The firm's letter said that someone else using her unsecured wireless network isn't a viable legal defense, and claimed that downloaders of child pornography have used the same excuse but didn't succeed in court. But as we've seen of late, that's not entirely accurate. Zimmerman said it was deliberately misleading.
"There is no legal doctrine that says you're responsible for what somebody else does on your Internet connection," he said.
The woman said she'll face trial on her own if necessary, throw herself on the mercy of the court. "I'd say to the judge, 'I have no idea how this happened,' " she said. "If Sony can get hacked, if the Pentagon can get hacked, my goodness, what chance does an individual have?"
Steel said that leaving a Wi-Fi network open to the public is like leaving a loaded gun within reach of a 3-year-old child. Apparently bare boobs can kill too.
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The lady deserves an apology and that soulless lawyer should be fired... to the sun, from a cannon.
Sorry to double post, but I love Kevin's final line "Apparently bare boobs can kill too."
And I reiterate the need to get Zimmerman and Steele in space, see if their lack of souls allows them to survive hard vacuum on the way to the sun.
the plaintiffs should be found guilty of purposefully gaining on innocent victims. they are attempting to make a living by targeting people who don't even have their data. And it is of course a bunch of 1's and 0's. as the CIA and FBI are hacked, the same house tries it's own citizens on behalf of these scumbags. she should counter sue.
im surprised how they found out who and where the torrent was downloaded from, i thought torrents used a VPN and people couldn't track you...
this just a preview of whats to come whit all these ISPs agreeing to share your user data with music/movie industry to find out if you are pirating their works....
Counter suit. And one of the few times that I would be in favor of a class action suit.
music and movie industry can suck it.
these laws were made before the internet when people actually made money counterfeiting movies. they sold them in back allys for a fraction of the cost of the tape, or for the cost of a movie ticket you got to own the movie.
these laws never attacked the people who bought it, but the people who commited the crime.
so... whats the eta on the ad campaign
you wouldn't steal a car
you wouldn't steal a purse
you wouldn't punt a baby
and you wouldn't rob a family at gun point with the backing of the united states government
but than again, you aren't us
in all seriousness, these laws need to be rewritten, because its gotten to the point you get a lesser punishment if you outright stole the movies from a wallmart.
Another reason to use torrents... to tell the industry to **** off
If you can't sell porn, don't blame the Nanny .....i mean Granny
What do you call a 1000 lawyers at the bottom of the ocean, a good start.
Ladies and Gentlemen, welcome to the new frivolous lawsuit bubble....
Enjoy the ride...
Sorry to double post, but I love Kevin's final line "Apparently bare boobs can kill too."And I reiterate the need to get Zimmerman and Steele in space, see if their lack of souls allows them to survive hard vacuum on the way to the sun.
Matt Zimmerman works for the Digital Frontier Foundation.... He's among the few "good" lawyers. The Digital Frontier Foundation is a "civil liberties group" who actually works to defend end-users against BS like these Doe suits that are based on lies and largely false information. Without people like him, things would be worse than they are.
No, the next step is,
Dear Mr/Mrs/Miss/Ms/whatever
Our clients have reason to believe you, and/or unnamed associates/family members have possibly done something to harm our clients business/good standing/name/rights as patentholder,
you may not be aware that you or your associates have committed any wrong-doing, but on the offchance that you have, please bung us some cash pronto or we will intimidate you further with bold type on our letters, red ink and finally a summons to court,
where you may or may not be given an opportunity to defend your case depending on whether or not you can afford to,
if you cannot afford a decent lawyer, one will be appointed to you, but he wont actually care as he gets paid whatever the outcome,
we have also added the cost of this letter to the bill and look forward to receiving your hush money by return of post
your threateningly,
Nameless lawyers representing nameless corporation cowards
These letters will be mail-bombed to every house,flat and tent in the inhabited world I expect
Moto
Yet another case in the hundreds of cases that have ruined innocent people over nothing.
I think thats the point sometimes, given the issue of maybe not knowing and knowing, but based of a knowing more then not, right?
Anyways for the sack of arguement can be one at least too, right? Even though it would be nothing maybe, but for the fact of protrayal, right?
But of it at least, even though i didnt read the whole article, of that idea of protrayal, is only as it could be taken then presented? Hard saying, or telling sometimes, without even the idea of "hush" to say let alone with it. Right?
I like the copyright issue, as well sometimes, when most people in the interest carry anouynmous, or however that is spelt, "being" with the interest for varying reasons. You can pay basically anybody. The protrayal, of that one though is lacking i think, in terms of use of protrayal, right? or some part of it?
News only covers so much doesn't it? Which is in its own right though to say..maybe, idk. Probably not the last time granny pulls a stunt.
Least the 10,000 lawyers at the bottom of the sea, could say that had a good start next time, right? Idk, could probably see anyone lawyer as good as the next one sometimes though on that "note".
Sound like a scam to me. I would tell the Lawyers to go to hell..
it's time granny takes out her broomstick and smacks these unscrupulous lawyers on their asses. i'd prefer she just kick them on their balls.
The government should probably consider what's really in it's best interests. I'm sure the RIAA/MPAA can afford some nice lobbying, but in the end these suits are only taking money out of struggling people's pockets and putting them into the pockets of already rich lawyers. When these cases succeed, the defendants are taken for all they have, it increases the rates of homelessness, unemployment, and those people will simply turn around and ask for a handout from the government. It's also going to INCREASE the rate of piracy, because now those people definitely won't have the money to purchase anything fairly. The only people who will have the money to fairly buy media will be the lawyers themselves.
Proof that the file downloaded was an actual movie file. Proof that the file format can play default on a computer. Proof that the file the accused Ip downloaded was not corrupt on download and was able to play . Proof of how they got the persons Ip.Torrent programs TOS prohibit anyone from using info obtained with their program in court. that simple reason is enough to excuse the case. ,,, this is all info that ive read good lawyers use , i dont know if the laws changed or anything.
This should reduce the porn industry if they think everyone will be sharing their films and not buying them. Good riddance.
Just a question, what would happen if I get caught stealing a DVD, can I get a 150000$ fine ? I steal IP (like the torrent downloaders) and some plastic, paper, ink... shouldn't I have a more serious bill ? (in some kind of perfect, or just consistent and coherent world perhaps). Lawyers should think of it, because they are missing their duty. I am an IT, and look at the things this way, but I just can't admire lawyers enough. If IT people had half of social habilities, IT people would get a 3% of every invoice a computer prints, etc... Computers would have 4 buttons (like PS controllers): if you need an invoice, get an specially skilled person and pay $$$ for this job (just like a comissioner's giving faith job)
What do you call a 1000 lawyers at the bottom of the ocean, a good start.
what do you call a lawyer stuck on the moon? a problem. what do you call 2 lawyers stuck on the moon? a problem. What do you call it when all the lawyers in the world are stuck on the moon? Problem Solved.
she's a old perverted lady, give her the death chair
Wecome to capitalism. Where individuals are limited to sue companies, but companies are more then free to sue people for as much as they want.
Nice extortion gig going on, porn corporations gotta get their share of the middle class too. haha.
Just a question, what would happen if I get caught stealing a DVD, can I get a 150000$ fine ? I steal IP (like the torrent downloaders) and some plastic, paper, ink... shouldn't I have a more serious bill ? (in some kind of perfect, or just consistent and coherent world perhaps). Lawyers should think of it, because they are missing their duty. I am an IT, and look at the things this way, but I just can't admire lawyers enough. If IT people had half of social habilities, IT people would get a 3% of every invoice a computer prints, etc... Computers would have 4 buttons (like PS controllers): if you need an invoice, get an specially skilled person and pay $$$ for this job (just like a comissioner's giving faith job)
steal it from walmart, its about a 1000$ fine, and 1 month jail at most.
pirate it, and its a 150000$ fine mimimum i believe up to 250000 per offense and 1 year minimum to 5 year max, not sure if its per offense, or if its per court case.
and dont get me wrong, with the walmart you are looking at 1-4 days jail minimum, with the pirateing, you get no jail time unless you cant pay (who can) and than you get the 5 years.
see the law for stealing from walmart is a misdemeanor i believe, and is regarded as a solo act.
pirateing it and you are looking at a felony and are lumped in with organized crime.
I'm gonna start downloading everything I can. i'm gonna buy another 1-2tb hdd to make space, just so I can get the chance to tell them to frack off, face to face.
I know a solution. set a max cash value that the company is looking for in damages, when the person is found innocent that amount is awarded to the defendant including what ever legal fees the defendant incurred.
then she could also do a counter lawsuit for damages since they payout is just the cost of laying lawsuits against an individual from a business account.
So in this case if they meant 150,000 and she was found innocent she would get 150,000 plus what ever it cost for help
The thing that these suits don't take into account are the grandmas like this, and the people out there smart enough to crack WEP. Its never 100% that the person owning the connection is actually doing the downloading, these people should stop treating it like a loaded gun.
Has anything gone right with this kind of news? I haven't seen any news involving the internet and US law enforcement, or law in general that didn't involve burning a bunch of innocent people?
"The accused grandmother said the firm sent her a letter emphasizing that copyright owners can receive up to $150,000 in damages per infringing file."
A awesome reply would have been a letter pointing out that extortion can get you raped up the ass by Bubba in the pen. Honestly, it's going to have to get to "RIAA shysters get sent to PMITA prison" before this shit stops.
Isn't extortion a federal crime, because that is extortion... plain and simple. Is not different that organized crime groups making a threat if a payment of money isn't delivered.
What do you call a 1000 lawyers at the bottom of the ocean, a good start.
I also like Justice the old fashioned way a Rugar Mk III with a suppressor and lots of thermite (to get rid of lots of DNA evidence).
I hope more idiotic grandmothers are sued over this horrible piracy!
hahahahhahah - bring it all down!