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How The DMCA Is Enforced

Hank Scorpio writes "Bob Cringley's latest column talks about a company, BayTSP, that performs most of the enforcement of the DMCA on the Internet. This is the company that collects data about who is sharing music or movies online, and this is the company to go after when you get busted! They claim to "go to the same places any user could go, look at the same files anyone else could look at, and we only probe the ports on your computer that you have made public." Interesting."

8 of 519 comments (clear)

  1. How is this not illegal? by Phosphor3k · · Score: 5, Informative
    and we only probe the ports on your computer that you have made public
    This is illegal, at least in Maryland. Article 27, Sections 45A and 146 of the Annotated Code of Maryland prohibit "illegal access and the unauthorized manipulation of data using computer resources". Thus, in order for this to be legal, I'd have to give them permission first.
    1. Re:How is this not illegal? by tongue · · Score: 3, Informative

      Just because you are walking down the street and see someones house, dosnt mean you have permission to walk on that property and knock on that persons door.

      Uh, yeah, actually it does, if they don't have it posted no trespassing or make obvious attempts to deter people from coming on the property.

    2. Re:How is this not illegal? by DrSkwid · · Score: 4, Informative


      In the UK it has to be shown that the person making the attempts to connect had knowledge that their attempt was unauthorised.

      Computer Misuse Act 1990

      1.--(1) A person is guilty of an offence if--

      (a) he causes a computer to perform any function with intent to secure access to any program or data held in any computer;

      (b) the access he intends to secure is unauthorised; and

      (c) he knows at the time when he causes the computer to perform the function that that is the case.

      (2) The intent a person has to have to commit an offence under this section need not be directed at--

      (a) any particular program or data;

      (b) a program or data of any particular kind; or

      (c) a program or data held in any particular computer.

      (3) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  2. BayTSP is small potatoes by -=OmegaMan=- · · Score: 4, Informative

    The big boy is MediaForce lead by the ever-pleasant Mark "The Tool" Weaver. Their complaint level dwarfs BayTSP's. Their complaint accuracy level, though, leaves much to be desired.

    --

    This sig is xenon coated, and will glow red when in the presence of aliens

  3. how to block baytsp by reflector · · Score: 5, Informative

    run shareaza (gnutella) and install the shareaza security update, get the magnet: link here:
    http://bitzi.com/lookup/ZYNHYUHEI3VQHUJTTT5 UOZZMUZ 7ADXKA.B3GVXM74XKME5FPIREMVW3YKTW42JSN6FYQO2HI

    or, if you want to do this yourself, here's the info:
    209.204.130.0 netmask 255.255.132.0 (baytsp)
    209.122.130.0 netmask 255.255.255.0 (baytsp)

    the first block (209.204)seems to be the one they're using, my security manager shows 58 hits
    there with none on the second block.

  4. Re:Misunderstanding of "the web" by victorvodka · · Score: 3, Informative

    Presumably homeslice at BayTSP is able to get IP addresses and times from monitoring his Kazaa traffic. He then presents this data to Earthlink with a subpoena. Meanwhile Earthlink logs every subscriber with their dynamic IP and time, so they can match IP addresses to actual people. If there's any justice in the world, Earthlink tells homeslice "screw you" when he comes with the subpoena.

    --

    The flag just makes more sense than the constitution. - Judas Gutenberg

  5. Re:Hi Mark by Anonymous Coward · · Score: 5, Informative

    Right, well, he frequently used to post on YNOT News - an adult webmaster information board.

    Doesn't mean he was one, of course. He definitely used to be 'chief operating officer' of Infonent.com, Inc. His current fax is (408)979-7969... and an example of his current work is here.

    Of course, he also gets mentioned in Sex Tracker press releases. He claims to be an 'anti-porn advocate', which is interesting, given the work he does protecting the valuable intellectual property of Cinnamonbunz, 'the largest collection of sexy, erotic models!' and Suze Randall the erotic photographer.

    I wondered if this had anything to do with him (if it does, he's got some nerve 'I hope you don't mind me taking a graphic from your homepage!') particularly given the reference to driving and the Skyline Blvd. address again. He works for an erotic photographer, amongst others.

    Let's see what else; if that is him, he has a web page on AOL of all places
    . Plugging that new information into Google we also get maki177@aol.com as a potential address; if you search Google for maki177, you discover 'makiboy' is an alias apparently used by whichever Mark Ishikawa this one is, and taking this chain of improbability to its logical conclusion we discover makiboy@hotmail.com, NYC Jock/Ballet Sissy, and, last but not least, In Search Of... Men Seeking Men. The last includes the interesting blurb, "would like to hear from or meet other trim, athletic guys, 18 - 30s, who enjoy footed nylon or lycra tights. Shiny lycra is best, but nylon is okay too, as long as the tights are footed."

    Oh, and he lies to his ballet-loving pals about his age :-)

    Hey, makiboy, it's all publicly available information. Now you see why people don't go snooping - they might come to the wrong conclusion - if this is wrong?

    Answers on a postcard please to:

    "We lurve those tights!",
    19020 Skyline Blvd.
    Los Gatos, CA 95033

    The small print: Half of this information is speculative, uncertain, and totally devoid of context. Don't think of it as fact. But it's a similar style to the information he'll use to report you to the cops - therefore, I would consider it to be poetic justice of a sort.

  6. Re:Where do I start? by dbrutus · · Score: 4, Informative

    OK, Baytsp.net (registered by the same Mark Ishikada) has 4 NS entries.

    Two of them are in an IP range owned by garageband.com and two of them are in a range owned by SuperBusiness NET, Inc., a Nevada corporation. The nameservers for SuperBusiness Net's ARIN range are... the identical ones for baytsp.net and the tech email is noc@baytsp.com.

    A google search for "SuperBusiness Net, Inc" yields a link to an ISP who claims credit for the sbusiness.net domain. The sbusiness.net whois record yields... the same Nevada PO Box as the superbusiness Net, Inc. IP range.

    The NS records for sbusiness.net point to web1000.com, a "free hosting service with no ads" that seems to have a strong presence in the porn serving arena.

    What, exactly, is the relationship between SuperBusiness Net, Inc. and web1000.com is unclear but they share phone numbers on their whois addresses, though their PO Boxes are different.

    So, boys and girls, what have we learned?

    Mike Ishikawa is running at least:
    BayTSP.com
    BayTSP.net
    SBusiness.net
    and is probably running
    web1000.com

    His BayTSP.net seems to be more substantial than his BayTSP.com presence but the web1000 infrastructure is truly massive and if, in fact, he runs that corporation, it's via there that he's likely running his scans.