NNSquad - Network Neutrality Squad
[ NNSquad ] Re: RIAA to stop suing file-sharers, will work with ISPs to cut off repeat offenders
Date: Mon, 29 Dec 2008 15:07:49 -0500
From: Mark Casazza <mark.casazza@mail.cuny.edu>
Subject: Re: [ NNSquad ] Re: RIAA to stop suing file-sharers, will work with
ISPs to cut off repeat offenders
To: Lauren Weinstein <lauren@vortex.com>
Hi Lauren,
Catching up on the mailing list after the Christmas holiday I noticed one
thing that was completely missing from the discussion of ISP becoming the
RIAA's enforcement agents. The "public" information Richard alludes to in
his post is the IP number of the computer engaged in sharing the torrent
file (for BitTorrent at least). However, The Pirate Bay, arguably the
largest BitTorrent tracker, is purposely "polluting the list of
IP-addresses the tracker returns" [1]Link from TorrentFreak. Does any
ISP really want to get involved when the customer just has to point to a
published article (like the one I referenced) and say "the tracker must
have inserted the IP I was assigned that day!" I can just see the
class-action law suits and the calls to turn the ISPs into regulated
utilities. I think we were better off with the RIAA's suing individuals.
Mark
PS, feel free to post this to the list if you think it worth noting.
"Linux is to computing what freedom is to mankind...and then there's
Microsoft"
- Blog of Helios - [2]read the link
Mark Casazza
Director of Academic Information
The City University of New York
555 West 57th Street, Suite 1240
New York, NY 10019
----- Forwarded message from Mark Casazza <mark.casazza@mail.cuny.edu> -----
Phone: 212.541.0396
Fax: 212.541.0392
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 ]
References
Visible links
1. http://torrentfreak.com/the-pirate-bay-tricks-anti-pirates-with-fake-peers-081020/
2. http://linuxlock.blogspot.com/2008/12/linux-stop-holding-our-kids-back.html