![]() In an order released this week she writes that, other than stating that it’s “plausible” that the infringer can be identified through the IP-address, Strike 3 failed to explain how the geolocation software can properly identify or locate the actual infringer. That was not good enough for Judge Ungaro. However, the company believes that this is the most plausible target and says it will try to find out more once the identity of the person in question is revealed. ![]() Strike 3 further admitted that, at this point, it doesn’t know whether the account holder is the actual copyright infringer. According to Maxmind, its IP address tracing service is roughly 95% accurate in the US, so the rightsholder is confident that it filed the case in the right court. Responding to this order to show cause, Strike 3 explained that it used Maxmind’s database to link the IP-address to Internet provider Cogeco and a location in Southern Florida. She asked the company how the use of geolocation and other technologies could reasonably pinpoint the identity and location of the alleged infringer. The Judge, however, was reluctant to issue a subpoena. The company accused IP-address “72.28.136.217” of sharing its content through BitTorrent without permission. In February, Judge Ungaro was assigned a case filed by the adult entertainment company “Strike 3 Holdings,” which has filed hundreds of lawsuits over the past several months. This includes Florida District Court Judge Ursula Ungaro. ![]() ![]() However, over the years judges have grown more skeptical about the provided evidence. While some judges have refused to do so in the past, many District Courts still issue these subpoenas. They then ask the courts to grant a subpoena, ordering Internet providers to hand over the personal details of the associated account holder. The select group of rightsholders that file these cases generally rely on an IP address as evidence. Since the start of this decade, hundreds of thousands of alleged BitTorrent pirates have been sued by so-called ‘copyright trolls’ in the United States. ![]()
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