The nature of file-sharing protects those who partake of the forbidden fruit with some measure of anonymity. Barring a subpoena (which still makes it difficult to narrow down the offending party), members of sites like The Pirate Bay rarely need to worry about their identities being uncovered -- even if they're involved in illicit online dealings, nailing down real names to take the place of numerous "John Does" is a difficult task for most plaintiffs.
Affected companies sometimes offer the guilty an opportunity to step forward, admit their crime and pay a fine. It's a win/win move: it (in theory) curbs piracy and helps recoup reported losses. One group familiar with screwing (and being screwed) approves of the model, and announced its intention to give alleged perpetrators a shot at redemption - for a price.
XPays Inc., owners of the much-publicized Paris Hilton sex tape "One Night in Paris," just threw its g-string into the 'pay a fine or face the full force of our legal department' ring, reports TorrentFreak. This news comes on the heels of the porn company's motion for expedited discovery being approved, setting the way for its lawyers to subpoena ISPs for information regarding the accused John Does. The original suit was filed in January 2011.
According to files sent to the site by the company, there is an alternative to the potential embarrassment which accompanies being named a defendant in a court case with pornography at its core.
"XPays is pleased by the ruling of the court that we can subpoena the names and addresses of those persons that illegally obtained our content," begins the message. "However, we are also very mindful of people's privacy and would like to offer amnesty to anyone that would like to voluntarily come forward to resolve their case anonymously and with confidentiality. XPays is not pursuing this lawsuit with the hopes of embarrassing anyone or causing them any amount of shame. We merely want to protect our content."
The amnesty offer then requests each offender pay to avoid further litigation and scrutiny: "At this time anyone who has downloaded a free copy of the HotelHeiress.com Paris Hilton Sex Video aka One Night in Paris, can resolve this matter for $500. XPays believes this to be a very fair offer and one that is a substantial discount from any that will be offered in the future."
Amnesty for those accused of copyright infringement isn't exactly a new tactic for groups hurt by piracy. Despite potential issues surrounding their legitimacy and effectiveness, they remain a tool. In January, adult entertainment company Corbin Fisher extended an amnesty offer for a steeper $1,000. It led to a rather amusing story about a false confession, unlikely subpoena and a talking unicorn. (via TorrentFreak)
