Hi- Most of my DMCA Notices get results, but sometimes a web site or host ask for a court order or subpoena before they identify offending posters. Does anyone know where I can get a cheap "John Doe" subpoena from any court? I need to get IP#'s of posters and their home address. Thanks
99% of the times, spam posts are using proxies, so tracking them down isn't worth the hassle at all. If you're using Wordpress install Akismet or something... if not just ignore them, and put in better spam protection services such as ReCapatcha, etc.
I think you got the wrong idea how the legal system works...do you think you are just going to walk into any court "Can I have a subpoena please?" ok, I am off...that is not how it works...you will need to hire an atty, file whatever charges you think are needed with the court against this other party, and the court will send out the subpoena requesting add'l info...no one is just going to say "here you go sir" here is all of our ips, and such... honestly, unless this is a million dollar case; you are just beating a dead horse; throwing good money after bad. If they refuse your dmca request, then you will have to take them to court just like any other person would... -dead end
Actually, that's almost exactly how a subpoena under the DMCA works. A clerk issues the subpoena as long as the request to the clerk is in proper form. There's no requirement for judicial review unless an affected party such as the ISP, host, or their subscriber, files a Motion to Quash.
Thanks for that info. Yes, I can file a court action against "John Doe" and as long as I provide correct paperwork, I can request the IP# from the hoster, as hotfile.com and with the IP# request details from the ISP. I don't want to spend $300 though. Is anyone aware of a Court that will handle this as a Small Claims? Or a Court somewhere in the world that handles these for $50? Thanks.
Unfortunately, some of the proxy site registrars accept clients who don't have a valid legal address, viz services. And in some jurisdictions, a separate action would have to be made against the registrar, for disclosure. If that succeeded, you might only receive information about another proxy service. While I favor an open internet, I believe that IPs should be required to demand a valid legal address as a pre-condition for hosting. Small Claims courts have extremely limited jurisdiction, and anything involving inter-state or international commerce, is outside of their powers. Re. court application costs: in my jurisdiction, a motion application couldn't be made by seeking a simple "desk order" - or judgment made outside of a hearing room ("chambers"). Here, the filing fee for a petition/action would be $210. Motion hearing fees would be $75. Swearing an affidavit of particulars - usually compulsory - would cost: $30. Process servers bill $75 minimum, and incur higher costs if the party is hard to reach. A motion hearing costs between $300-$900. If an order is denied, costs fall on the loser, who also has to pay attorney fees to the other party. Even if you win, your Order would have to be registered in the offenders' local jurisdiction. And there are often barriers to that, even if you can afford to pay for another application. And the loser - if you can break the proxy barrier and get a legal address - would have right of appeal, which would delay local enforcement for long periods of time. Hence, it would be better to work with the IP than to go through the courts.
Anyone can be tracked and linked to anything, any server... I couldnt get a blow job from a frog for $50 If you have the money and resources you can hunt down any prey over the internet, before you know it, you have spent thousands chasing the teenie bady down, now what? are you going to go to his country and give him a spanking? I honestly think some of you guys that visit DP are lost....
I only foresee high profile cases going through the court system. IE: Julian Assange....Wikileaks founder... If you are not a high profile or close to it, then I do not see anyone going to bother with these teen babies jacking off around the internet, or whatever it is they do these days....not going to happen...