Super User

US Motion to Quash

246 views    20 comments    posted:    
Below is an excerpt of information from a thread I posted Mar 2012. The thread was removed for inactivity, but I want to keep the information handy in case someone else needs Motion to Quash information, since it isn't covered in another thread on KAT. Thanks to those who supported me mentally as I went through this process....

Some time ago, I received a copy of a court order for my internet provider to disclose my name, address, and phone number to a US court so that a film company can try to collect royalties from me for having downloaded a movie from my favorite sharing website.

Having done the research, I found that there are 2 types of motions to quash that are relatively successful, but when combined, they cover all of the bases, and the judge disallows that defendant's personal information from being disclosed. The motion contains both the arguments for 1) the instant motion to quash the subpoena due to improper joinder of parties and 2) to dismiss the action for lack of personal and subject matter jurisdiction.

Now the question is, WHERE do you find a template that you can modify and use??? Here: http://www.syfert.com/publicfiles/ This is definitely NOT the answer!!

The lawyer I spoke with specializes in these legal processes. The ISP doesn't ask you for money - it's the lawyer representing the troll that does. Here is that lawyer's informative website: http://www.syfert.com/copyri.../copyright-defense-faq1.html

A Subpoena will have a date on it when your personal information will be provided to the court. The best thing to do is nothing - someone else will submit a Motion to Quash that will be granted.

Here is a site that tracks a lot of these cases: http://dietrolldie.com/

You can also monitor court proceedings on http://www.rfcexpress.com.

Motions to Quash are submitted and ruled on by the court. Some are granted, and some are denied. The link below contains a pdf of a recent court ruling granting a motion to quash with the substance of the motion within the ruling.

Note: Since getting my VPN, I have not received any notices from my ISP that they are seeing anything downloaded. I highly recommend the VPN as a minimum effort to mask your internet activity!

Bit Rate and Screen Size (YIFY Vs PublicHD)

513 views    86 comments    posted:    
The one thing people don't seem to understand is that screen size has everything to do with what bit rate you're going to need for the picture to look good. A 720p by YIFY is usually around 800-950kbps. This is enough to look perfect on a 15-18" computer monitor... but try watching a YIFY encode (even one of their 1080s which are usually around 1800kbps) on a slightly larger screen, even just 26" or so. You'll see significant blocking and pixilation in darker scenes due to the reduced bit rate. The larger the screen you're playing back on, the higher the bit rate needs to be in order to maintain quality. PublicHD's bit rates are much much higher, allowing quality picture even on large screens. YIFY's encodes are perfect for people who play movies back on their computers, but are terrible for anyone who watches on larger screens. In short, if your screen is really small, you can get away with low bit rate encodes, but the bit rate needs to be proportional to the size screen you're playing back on. If you have a 60" HD LCD or plasma, then you're going to need a 8-10gig encode to have the same quality. The guys are right when they say apples and oranges. The two different encoding groups have two totally different target audiences: YIFY's for small screens, and PublicHD for large screens. Then you have a couple guys who kinda have a niche in the in-between realm like [Jalucian] and Judas (dhjudasx.) Their encodes are slightly higher bit rate than YIFY (and therefore higher quality) but without being outrageously larger in file size like PublicHD. If your screen size is say... 22-42", our encodes probably offer the best balance of quality and file size. Hope that was informative.

Note: This information was taken from the "YIFY Vs PublicHD" forum thread (https://kickass.to/community/show/yify-vs-publichd/), written by Jalucian. It was saved here for personal consumption by a tired user, not for public beratement. The (YIFY Vs PublicHD) in the title was supposed to have been the link to the actual thread, but it obviously didn't come out as planned :-(
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