Friday, August 03, 2007

Transcript of June 29th Proceedings in Warner v. Cassin now available online

In Warner v. Cassin, a Westchester case in which a motion has been made to dismiss the complaint, the transcript of the June 29th pre-motion conference before Judge Stephen C. Robinson is now available online.

Transcript of June 29th proceedings before Judge Stephen C. Robinson (Pre-motion Conference)*

* Document published online at Internet Law & Regulation

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AMD FanBoi said...

On Page 8: Plaintiff's attorney speaks of Defendant "owning the IP address at issue". You don't "own" an IP address, unless you've purchased a "static IP" address from your provider. All other users are assigned, and re-assigned, IP addresses from the ISP's pool of available IP address at the will of the ISP. While seemingly a small point, it gives the wrong connotation to those unfamiliar with how the Internet, and ISP's work. It's like saying that the defendant "owned" the getaway car at the time of the bank robbery, and therefore must obviously be a guilty accomplice for allowing it to be used in this manner.

Love the Judge's sense of humor, and banter. That "obsequious" comment is priceless! Sorry it disappeared so quickly.

On Page 11: Regarding Rule 11 sanctions, one should point out to The Court, as you did at the beginning, that this is hardly a unique case. In fact, you've told The Court that there are 25,000 other virtually identical cases filed. As such, PLAINTIFF'S LAWYER OUGHT TOHAVE HIS STORY DOWN STRAIGHT BY NOW. He was hardly speaking off the cuff. But regardless of this, it sure sounds like the courtroom chilled at the moment this was brought up.

On Page 18: The "sufficiency" of the complaint does not seem to have seen one single case through to trial yet. Does that have no meaning in the context of this case?

Virtualchoirboy said...

Actually, AMD, consumers usually don't even own a static IP. Usually you enter into a contract with an ISP where they agree to provide you with the same IP every time you log in (although many people with a static IP log in and never log out unless necessary for reboots and such). The point here is that if you stop paying, the ISP will be more than happy to take back the IP address and assign it to someone else... :-)