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Strategies & Market Trends : Anthony @ Equity Investigations, Dear Anthony, -- Ignore unavailable to you. Want to Upgrade?

To: rrufff who wrote (90814)	2/6/2005 1:22:35 PM
From: Jeffrey S. Mitchell	Read Replies (2) \| Respond to of 122087

Require a determination that the IP address of the poster is, in fact, located in the court's jurisdiction. First you'd have to get the IP. As Zwebner is finding out, that's really really difficult to do: 1) Company must sue a John Doe 2) Company must subpoena the message board for information on the alleged offender [they usually do] 3) Message board will require the plaintiff to pass the 2theMart test before releasing anything [hard to pass] 4) Should the plaintiff pass the 2theMart test, the message board will then notify the John Doe, if it indeed has his real info on file (a big "if"), that he has x days to file a motion to quash the subpoena [almost always done, if possible, these days] 5) John Doe may file a Motion to Quash [usually succeeds] 6) Most often, if the plaintiff has gotten this far, all he has is an IP address, so now he'd have to subpoena the ISP [proceed to step 2]. Keep in mind that not everyone has a static IP (for example, AOL subscribers dial into a hub that is often out of state), so even getting an IP can be meaningless. - Jeff