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

[Richard Bennett <richard@bennett.com>]

A particularly interesting part of this story for NNSquad readers is the 
fact that the system the RIAA uses for catching pirates was actually 
developed on this list a little less than a year ago by Nick Weaver and 
myself. This means of detection preserves reasonable expectations of 
privacy for people engaging in legal activities. For those who don't 
share the belief that the Internet conveys entitlement of free access to 
licensed works, the least intrusive means of rights enforcement is in 
fact something to be celebrated.

  [ Richard, I didn't realize that your vast expertise on these
    issues extended to cost/benefit and legal analysis related to 
    "reasonable expectations of privacy."  Who would have thunk it? 
    Fascinating ...

       -- Lauren Weinstein
          NNSquad Moderator ]

- - -

Richard Bennett wrote:
> 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