Re: COMMUNITY CONNEXION SUED IN FRIVOLOUS LAWSUIT

The SPA allegedly send sameer@c2.net a letter, demanding, among other things, that he "agree to implement monitoring procedures to prevent similar acts of copyright infringement and report those procedures to SPA." Under federal law (Electronic Communications Privacy Act) it is illegal to monitor users' actions unless there is a specific contract between the service provider to allow such monitoring, or a court of law has issued a valid search warrant. If the SPA did in fact send such a letter, what they are doing is illegal. They have alleged that a copyright violation has occured. If that were true and they had evidence to support that claim, then under federal law, they could have asked a judge to issue a search warrant to seize the infringing material and stop its distrubution, and/or they could have subpoenaed information about the alleged infringers from C2NET. But, because they did not have any evidence of a copyright violation, they could not get a search warrant. Consequently, they have attempted an illegal search, in violation of the ECPA. They threatened the CEO of C2NET with legal action if he did not assist them with their unlawful scheme. He rightfully refused, and now they are carrying out their threatened harassment against him. The lawsuit filed by SPA mentions no specific cases of copyright infringement, because, in all likelihood, there never were any. The SPA is merely going on a fishing expedition. The SPA should not be suing Sameer - Sameer and his users should be suing the SPA.
participants (1)
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nobody@replay.com