1/8/2006

Alleged eDonkey pirate gets trial

Filed under: — By Aviran Mordo @ 5:51 am

Paramount detected a copy of its Jim Carrey movie “Lemony Snicket’s A Series of Unfortunate Events” on the eDonkey network on Dec. 23, 2004. That was a week after it was released in theaters.

The detection, done by contractor BayTSP, allegedly yielded an Internet Protocol address of 69.141.202.170. Because that chunk of IP addresses is owned by Comcast, Paramount filed a “John Doe” lawsuit and then fired off a subpoena to the cable provider.

Comcast replied a few weeks later with the identity of John Davis, a self-employed computer consultant. Paramount is asking for a permanent injunction against Davis, $50,000 in statutory damages, and $38,438 in attorneys’ fees. In addition, Paramount claims that Davis was the “first propagator”– that is, the first person to distribute the movie through eDonkey.

Davis has not hired an attorney and is representing himself in court. He claims that he was misidentified and did not infringe Paramount’s copyright in “Lemony Snicket’s A Series of Unfortunate Events.”

In response, Paramount tried to do a forensic analysis of Davis’ Macintosh G4 cube. But the company found that Davis wiped his hard drive clean and reinstalled the operating system soon after being notified of the legal action against him.

The judge said Davis had a “duty to preserve the computer’s memory” and will face sanctions. But he denied both sides’ requests for summary judgment, saying there were too many important questions still unresolved.

Source: Tech Republic

 

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