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Judge: RedTube Won’t Have Open Subpoena Power

According to a report on XBiz.com, U.S. District Judge Richard Seeborg ruled today that RedTube won’t have open-subpoena power in its quest to find whoever was responsible or had knowledge in the redirection of RedTube traffic last July 24.

Last week RedTube attorneys asked Seeborg to allow them to start serving subpoenas on those thought to be responsible or having knowledge in the redirection of RedTube traffic. The motion for expedited discovery was requested because RedTube said one of its attorneys, Thayer Preece was the recipient of email “with implicit and explicit threats stemming from her representation of RedTube.”

Because of this, RedTube requested open subpoena power. In those court papers, RedTube said it had reasons to believe that the persons responsible for the traffic re-direct may also have been responsible for sending the threats. The threat aimed at Preece last October 18 alleged that RedTube and it owners/operators had been stealing content from legitimate producers and that Preece knew it to be illegal.

Operators of RedTube claimed that hackers obtained its domain name server password and, consequently, redirected its traffic to another website. The accusation coming from Bright Imperial Ltd., the Hong Kong-based parent company of RedTube, was made in a filing this past year at U.S. District Court in San Jose, but it didn’t name the identities of the twenty hackers, save to say that the “defendants did so with malice, ill will and intent to harm RedTube.

The suit also claimed loss of traffic and value to advertising rates, and sought no less than $6 million, in addition to other monetary damages.

According to the latest XBiz story, Seeborg asked RedTube to provide the court within 10 days a proposed order containing the names of the specific companies or entities it desires to subpoena.

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