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photostill · 19-06-12, 01:25

The big key to all this is called Joinder. Joinder is why these firms are seeking judges that don't know better and they will at some point find them in the back waters or where there is a sympathetic judge that might not know better (though he should).

First and foremost in this massive extortion scheme, is convincing a judge to issue a discovery action. The discovery action pretty much gives the lawyer all the power he needs to find out who, where, when, and what. It also allows him to turn an IP number into a name and address. Now the thing is that discoveries are only issued for preparation of a court case. But the trolls have no interest in taking it to court as that costs money. Making money is what this is about, not spending it.

The joinder issue is key for a couple of reasons. One of them is financial. It costs to bring a case to court; court fees, lawyer fees, time spend developing defense lines, nothing is cheap. So getting a mass of people all on one court case and not individual is key to saving money. If you have to pay for each person to take to court that's a ton of money. The other reason joinder is important is that it has a reason to exist in the court of law. Joinder is used to bring more than one person into a case to be charged. But they must be shown to be involved directly with that case. Joinder doesn't really work when you compare file sharing though many have tried. From trying to say it was a conspiracy to commit copyfraud, to attempts at Class actions which do allow large amounts of people to be joined in to a single case. None of those hold water when you go to looking at how they are used compared to how they are intended to be used.

The last issue that makes all this illegal is that in the joinder process, the court most be within the jurisdiction of the accused. You can't hold court on an individual in California, in Flordia without some sort of legal tie. Either the company filing has to be in Flordia, the offense has to have been committed there, or the person sued has to reside there. But in these extortion cases, most of the IPs are for elsewhere outside the jurisdiction of the court and therefore illegal to file or make claim there. The court does not have jurisdiction over the case, nor the authority to try it.

These sorts of attempts have been tried over and over. Every time you find out that it is illegal or should never have been allowed. Robo calling is just an even more slimy way to do it after they have the data.

19-06-12, 01:25	#2
photostill The Enigma Join Date: Apr 2012 Posts: 9,977 Thanks: 3,009 Thanked 1,524 Times in 928 Posts	Re: ILLEGAL >>RoboTrolls Threaten BitTorrent Pirate Site Owners The big key to all this is called Joinder. Joinder is why these firms are seeking judges that don't know better and they will at some point find them in the back waters or where there is a sympathetic judge that might not know better (though he should). First and foremost in this massive extortion scheme, is convincing a judge to issue a discovery action. The discovery action pretty much gives the lawyer all the power he needs to find out who, where, when, and what. It also allows him to turn an IP number into a name and address. Now the thing is that discoveries are only issued for preparation of a court case. But the trolls have no interest in taking it to court as that costs money. Making money is what this is about, not spending it. The joinder issue is key for a couple of reasons. One of them is financial. It costs to bring a case to court; court fees, lawyer fees, time spend developing defense lines, nothing is cheap. So getting a mass of people all on one court case and not individual is key to saving money. If you have to pay for each person to take to court that's a ton of money. The other reason joinder is important is that it has a reason to exist in the court of law. Joinder is used to bring more than one person into a case to be charged. But they must be shown to be involved directly with that case. Joinder doesn't really work when you compare file sharing though many have tried. From trying to say it was a conspiracy to commit copyfraud, to attempts at Class actions which do allow large amounts of people to be joined in to a single case. None of those hold water when you go to looking at how they are used compared to how they are intended to be used. The last issue that makes all this illegal is that in the joinder process, the court most be within the jurisdiction of the accused. You can't hold court on an individual in California, in Flordia without some sort of legal tie. Either the company filing has to be in Flordia, the offense has to have been committed there, or the person sued has to reside there. But in these extortion cases, most of the IPs are for elsewhere outside the jurisdiction of the court and therefore illegal to file or make claim there. The court does not have jurisdiction over the case, nor the authority to try it. These sorts of attempts have been tried over and over. Every time you find out that it is illegal or should never have been allowed. Robo calling is just an even more slimy way to do it after they have the data. __________________ You can help this site, by clicking on the link below to buy a Premium Account. & Thank you for helping us. Click;