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vince123123 · 5th September 2007

My theory on the Odex issue and their turnaround stance on 3 Sept.

Odex stated on 3 September that they will not target people who stop downloading after 3 September, but they will only target people who continue to download after that date. Those caught after that date will then be made to "pay" for all downloads, before and after 3 September 2007

What this means is that even if they win the Pac Net appeal, the court will order Pac Net to release identies of IP address captured BEFORE 3 Septemebr 2007.

Now this doesn't make logical or economic sense, since even if they win, in order for them to honour their word, they cannot go after any of these people.

Now, in order to go after anyone, what they need is to commission yet another BayTSP investigation to catch IPs that download AFTER 3 September 2007. After that they need to seek YET another court order to release the ips.

Hence, the results of pre-3 Sept 2007 identities isn't that useful, the only purpose is to match with that of the post-3 Sept 2007 IPs to match and therefore "backlog" catch these people.

Again we can see that the pre-3 Sept 2007 isnt' that useful, only useflu to catch the grp who were downloading before and after 3 Sept, which may or may not amount to alot of people.

My theory is that Odex does not plan to appeal the case, as it is quite a lost cause. If they lose the appeal, the PR and legal backlash will be so great that they may not recover. However, because they said after the judgment was relased that they "will appeal", if they back out now, it is going to be a loss of face.

Hence they need to get some "pre-trial resolution" before judgement is released, much like how parties in law shows like the Practice, meet and try to settle before the judge comes out with his decision.

Hence they thought up of this tactic, where they can gain some public goodwill by saying they will only target future downloaders.

However, at the same time they now have an excuse NOT to proceed with the appeal. They will say "Since now we have taken a policy decision to be nice and to stop targetting past downloaders, it is no longer necessary to proceed with the appeal - hence we are not appealing anymore and giving these past downloaders a second chance".

5th September 2007	#1
vince123123 Deregistered Join Date: Oct 2002 Location: West Posts: 6,689	test My theory on the Odex issue and their turnaround stance on 3 Sept. Odex stated on 3 September that they will not target people who stop downloading after 3 September, but they will only target people who continue to download after that date. Those caught after that date will then be made to "pay" for all downloads, before and after 3 September 2007 What this means is that even if they win the Pac Net appeal, the court will order Pac Net to release identies of IP address captured BEFORE 3 Septemebr 2007. Now this doesn't make logical or economic sense, since even if they win, in order for them to honour their word, they cannot go after any of these people. Now, in order to go after anyone, what they need is to commission yet another BayTSP investigation to catch IPs that download AFTER 3 September 2007. After that they need to seek YET another court order to release the ips. Hence, the results of pre-3 Sept 2007 identities isn't that useful, the only purpose is to match with that of the post-3 Sept 2007 IPs to match and therefore "backlog" catch these people. Again we can see that the pre-3 Sept 2007 isnt' that useful, only useflu to catch the grp who were downloading before and after 3 Sept, which may or may not amount to alot of people. My theory is that Odex does not plan to appeal the case, as it is quite a lost cause. If they lose the appeal, the PR and legal backlash will be so great that they may not recover. However, because they said after the judgment was relased that they "will appeal", if they back out now, it is going to be a loss of face. Hence they need to get some "pre-trial resolution" before judgement is released, much like how parties in law shows like the Practice, meet and try to settle before the judge comes out with his decision. Hence they thought up of this tactic, where they can gain some public goodwill by saying they will only target future downloaders. However, at the same time they now have an excuse NOT to proceed with the appeal. They will say "Since now we have taken a policy decision to be nice and to stop targetting past downloaders, it is no longer necessary to proceed with the appeal - hence we are not appealing anymore and giving these past downloaders a second chance".