>They sure can't win in court as they're not informed that they're being judged before the judgment is passed. There is no possible defense.
You seem to be misinformed about the process. I don't remember exactly what the final process is, but the fact is, you can always appeal the decision to have a real hearing.
>If the Hadopi said they caught your IP,
You can always say that your IP was spoofed, that you had a trojan on you machine, and so on... It's really really hard to prove that you didn't do your best to secure your line, and simply giving an IP harvested on a tracker isn't going to cut it.
There are several activists who downloaded a lot just to get caught, with the hope of going to court. They will get good lawyers to make sure they win, and then the decision will do "jurisprudence" (I don't know if a similar concept exist in American law), and that will be the end of it. Well, probably, I don't know the future :)
You seem to be misinformed about the process. I don't remember exactly what the final process is, but the fact is, you can always appeal the decision to have a real hearing.
>If the Hadopi said they caught your IP,
You can always say that your IP was spoofed, that you had a trojan on you machine, and so on... It's really really hard to prove that you didn't do your best to secure your line, and simply giving an IP harvested on a tracker isn't going to cut it.
There are several activists who downloaded a lot just to get caught, with the hope of going to court. They will get good lawyers to make sure they win, and then the decision will do "jurisprudence" (I don't know if a similar concept exist in American law), and that will be the end of it. Well, probably, I don't know the future :)