[ NNSquad ] Re: RIAA to stop suing file-sharers, will work with ISPs to cut off repeat offenders

[Richard Bennett <richard@bennett.com>]

The RIAA's system of detecting piracy doesn't depend on filtering or 
inspection of files on your computer, it's implemented solely on the 
basis of publicly-viewable data provided by piracy-enabling services 
such as Mininova and The Pirate's Bay. Hence there's nothing to worry 
about in terms of privacy and very little to worry about in terms of 
false positives and erroneous enforcement.

Given that, it strikes me as extremely odd that anyone who values 
privacy and intellectual property rights *even a little bit* would be 
less than overjoyed at the RIAA's shift in emphasis from punishment to 
prevention of piracy. They just gave the Internet a nice Christmas present.

Be happy.

Richard Bennett

  [ No, Richard, I am not happy.  First, we know there have been
    cases of people targeted by the RIAA based on the presence of
    files in open Windows PC shares -- including persons who claimed
    that they didn't even know that the shares were unprotected.
    Believe them or don't in any particular case, but the problem of
    misconfigured shares is well known to virtually anyone who has
    spent much time with NFS-type environments.  If RIAA is no longer
    attacking targets based on this approach, I would consider that
    to be a wise move.

    However, as far as the RIAA apparently stopping -- for now -- the
    filing of new lawsuits in these cases, that's no more a Christmas
    present than we'd expect from Ebenezer Scrooge before his ghostly
    visitations.  Courts have been reacting with increasing
    skepticism to the RIAA's ham-fisted lawsuit-based approach, and
    the RIAA likely recognized that the cost/benefit ratio of that
    approach has been going south rapidly.

    But even more to the point, the RIAA no more deserves groveling
    gratitude for their change of approach than the guys at Langley 
    deserve a shipment of See's Candy in appreciation for their
    (supposedly) suspending the use of torture techniques like 
    waterboarding.

    Celebratory congratulations are not in order when someone
    abandons the use of abusive techniques that shouldn't ever have
    been used in the first place.

    -- Lauren Weinstein
       NNSquad Moderator ]


James S. Huggins wrote:
> ==========================
> The RIAA won't find you hosting illegal content on that ISP's network, and
> hence won't issue a notice to that ISP, unless you are transmitting or 
> receiving it through the ISP's network.
> ==========================
>
> True or False?
>
> Does the existence of a copyrighted work in a networked/unprotected
> directory on your computer imply that you used your current ISP to
> send/receive a copy? 
>
>
> James S. Huggins
>
>
>    [ Answer: False.  But ya' see, the RIAA doesn't really care which
>      ISP (if any) was involved.  Their assumption seems to be that the
>      mere *existence* of a copyrighted work in an unprotected space
>      implies a likely actionable violation.  Du-be-du-be due process?
>      Naw ...
>
>          -- Lauren Weinstein
>             NNSquad Moderator ]
>
>   

--
Richard Bennett
Network Architect