Posts Tagged IP address
Yet Another Judge Slams Copyright Trolls; Warns That Courts Should Not Be Used To ‘Bludgeon’ People Into Settling | Techdirt
Yet Another Judge Slams Copyright Trolls; Warns That Courts Should Not Be Used To ‘Bludgeon’ People Into Settling
from the down-they-go dept
Reminiscent of the Righthaven cases, where once judges realized what was really happening they quickly started dumping them, it seems that we’re reaching the tipping point with porn companies playing the copyright trolling game as well. More and more of the attempts to seek expedited discovery are getting rejected in sternly worded rulings from judges who recognize that the sole purpose of the lawsuit isn’t to go to trial, but to get expedited discovery in order to shake people down for cash. The latest such ruling in an increasingly long line comes out of the Eastern District of NY, where judge Gary Brown issued a nice smackdown on copyright trolls. The judge first notes the ridiculousness of relying on IP addresses to identify the individuals, citing a bunch of cases, before noting that an IP address simply does not indicate the “true identity” of the defendant.
In sum, although the complaints state that IP addresses are assigned to “devices” and thus by discovering the individual associated with that IP address will reveal “defendants’ true identity,” this is unlikely to be the case. Most, if not all, of the IP addresses will actually reflect a wireless router or other networking device, meaning that while the ISPs will provide the name of its subscriber, the alleged infringer could be the subscriber, a member of his or her family, an employee, invitee, neighbor or interloper
There are a number of issues specific to the claims of the plaintiff, K-Beech in this case, including its failure to register the copyrights in question, and a weak attempt at lumping in a trademark claim after this came to light. However, what becomes clear pretty quickly is that the judge isn’t buying any of this, and sees that it’s really just an attempt to use the courts to shake people down. It starts off with the discovery request going far beyond what’s necessary to take a case to trial:
However, not all the information sought is required to advance the claim. For example, in addition to names and addresses, plaintiffs seek both the home telephone numbers and email addresses of the putative John Does… information which is clearly not required to proceed with this action. In particular, obtaining the home telephone numbers seems calculated to further plaintiffs’ settlement strategies, discussed above, rather than advancing their claims by allowing them to effect service.
But the larger point is that the court recognizes these kinds of copyright trolling lawsuits as “abusive litigation tactics.” While the court notes that it can and should encourage settlements, it also notes that the rules say those settlements should be “just” and it’s not clear that’s what’s happening here:
Our federal court system provides litigants with some of the finest tools available to assist in resolving disputes; the courts should not, however, permit those tools to be used as a bludgeon.
The court then goes on to agree with many other courts in noting that lumping a bunch of defendants together in the same lawsuit is improper joinder, and agrees to only allow discovery on the very first IP address named in each of the lawsuits being considered.
On the whole, there isn’t that much different about this ruling from a bunch of other recent rulings, but it’s another one to add to the pile, and it gets clearer and clearer every day that the courts are now aware of how trolls are abusing the system, and less and less likely to allow such abuse.
- Judges hate copyright trolls too (boingboing.net)
- Furious judge decries “blizzard” of copyright troll lawsuits (arstechnica.com)
- Court slaps down the use of IP addresses in file-sharing cases (zdnet.com)
- ISPs Ask Judge To Quash Subpoena In Troll Case — Or Let Them Appeal (eff.org)
- 3 Count: Lonely Righthaven (plagiarismtoday.com)
- Copyright Trolling For Dummies – John Wiley & Sons Threaten to Actually Sue People in Court (dietrolldie.com)
- “The court is not an ex-girlfriend’s Facebook wall,” judge teaches a troll Douglas McIntyre (fightcopyrighttrolls.com)
- Band and label president had no idea copyright trolls were suing on their behalf (boingboing.net)
- Copyright-trolls: mind your own extra-judicial business, court says (arstechnica.com)
- Hollywood’s Trolls (eff.org)
Big news for IPv6: Akamai to launch service in April
World’s largest CDN to offer IPv4-to-IPv6 translation and dual-stack to all customers
By Carolyn Duffy Marsan, Network World
March 26, 2012 09:17 AM ET
Carrying between 20% and 30% of the Internet’s Web traffic on any given day, Akamai is the world’s largest content delivery network (CDN). Akamai’s engineering team has been working for two years to upgrade its 95,000 servers in 71 countries connected by 1,900 networks to support IPv6.
“We’re highly supportive of IPv6,” says Mike Cucchi, director of product marketing for Akamai. “We’re a large consumer of IP addresses as well, so there are internal drivers. We need and want IPv6 addresses as well as just supporting the Internet community as it migrates to IPv6.”
IPv6 is an upgrade to the Internet’s main communications protocol, which is called IPv4.
IPv6 features an expanded addressing scheme that can support billions of devices connected directly to the Internet. But IPv6 is not backward compatible with IPv4, which is running out of addresses. Network operators can either support both protocols in what’s called dual-stack mode or translate between IPv4 and IPv6.
In April, Akamai will announce built-in support for IPv6 in its three major product lines: Aqua for consumer-oriented services, Terra for enterprises and Sola for media companies. Companies will be able to upgrade to these application-as-a-service offerings in a matter of days, rather than spending weeks or months upgrading their own Web servers to support IPv6.
“We know IPv6 is part of doing business on the Internet, and we’re going to include it on all of our platforms,” Cucchi says.
Akamai hoped to release its production-grade IPv6 services by the end of 2011, but the task proved more difficult than originally anticipated. Akamai has been beta testing its IPv6 services with key customers since last fall.
Akamai’s support for IPv6 will make it easier for its media and enterprise customers to serve up Web content to Internet users that have IPv6-only addresses, which is increasingly common in Asia and Europe. Among Akamai’s customers are Apple, Lands’ End, Ticketmaster, Travelocity and XM Satellite Radio. Akamai delivers more than 5 terabits/sec of Web traffic per day.
We want to act as a translator,” Cucchi says. “Our customers can leverage Akamai through these transitional times. … We can terminate IPv6 requests at the edge and send forth IPv4 to the data center environment. Our future roadmap will have a two-way translation that occurs.”
Akamai’s timing is ideal for U.S. federal agencies, which are required by an Obama administration mandate to support IPv6 on their public-facing websites and Web services by Sept. 30. Akamai’s federal customers include the Department of Defense, the Food and Drug Administration and the Federal Emergency Management Administration.
:We’ve had a number of government sites transition to being dual-stacked at Akamai,” says Eric Nygren, chief architect for Akamai. “We’re working with the rest of our government customers to help them” with the September deadline.
RELATED: White House issues IPv6 directive
Akamai says its April launch of commercial-grade IPv6 services is on target for when its government and enterprise customers will deploy IPv6.
“2012 is the year for the design-and-build phases around the world,” Cucchi says. “We’ve been getting ready for this. Now the market is starting to take IPv6 seriously. … By the end of 2012, we’re going to see some real uptick in the percent of IPv6 traffic we see out there.”
Today, only 0.5% of the Internet traffic that Akamai carries is IPv6. However, that will change come April, when Akamai moves out of its beta test program and announces full availability of its IPv6 services.
Akamai says it has run into some difficulty deploying IPv6 because IPv6 services are not available from all ISPs around the globe. Also, several major ISP networks are not peering with each other over IPv6, causing backbone routing issues.
“We’re seeing a lot more backbone brokenness on the IPv6 Internet than on the IPv4 Internet. We’re doing a lot to try to help,” Nygren says, adding that some data center locations don’t have IPv6 connectivity at all. “Using Akamai for IPv6 will be extremely valuable to [our customers] to help them deal with the brokenness. Their users will have a better chance of getting to that content if we’re serving it up near them versus going halfway around the world.”
Another problem that Akamai has run into is malware that takes advantage of IPv6.
“You can go make your website dual stack and add Quad-A records, and now malware will follow that Quad-A record,” Nygren says. “It will start port-scanning your site or spidering your site and start attacking you over IPv6 if your [intrusion detection system] or firewall aren’t set up for IPv6. We can help mitigate this threat by being between customers and IPv6-based attacks.”
Akamai says its IPv6-based services will help protect customers from IPv6-based malware as well as IPv6 floods and distributed denial of service (DDOS) attacks.
“On our platform, we have this nice benefit of being a huge shock absorber,” Cucchi says. “We not only translate IPv6 requests, but we only forward well-formed HTTP requests. Synfloods and IPv6 floods are all dropped at the edge of our network.”
In related news, Akamai has committed to participate in World IPv6 Launch Day, a June 6 deadline for network operators to enable IPv6 on their public-facing websites and leave it on for good. Other Internet companies that have committed to launch IPv6 on June 6 include Google, Facebook, Yahoo and Microsoft. Akamai says its April launch of commercial IPv6 services will help companies and government agencies that want to participate in the June 6 event, which is being sponsored by the Internet Society.
- Akamai to launch IPv6 service in April (infoworld.com)
- What is IPv6 and Why Does My Website I Need It? (css.dzone.com)
- Security Challenges Emerge With IPv6 Launch (fortinet.com)
- The Journey of IPv6 Implementation 9 Months Later (circleid.com)
- ARIN Talks IPv6 (geeknewscentral.com)
- Eurid Rolling Out IPv6 On Production Services (internetnews.me)
- Growth in IPv6-Capable DNS Infrastructure (circleid.com)
- Networks Announcing IPv6 – One Year Later (circleid.com)
- How to Make a Seamless Switch to IPv6 (datacenterknowledge.com)
- IPv6 and MacOS X Lion – “Hampered Eyeballs” (thuktun.wordpress.com)