Slashdot Mirror


Can RIAA Lawsuits be Blocked by Routers?

Chris Frank asks: "With the RIAA stepping up its pressure on internet sharers, what is the legal status of people behind apartment routers? With no logging of who is moving what who can the RIAA prosecute when it tracks a shared file back to that specific shared internet account? I would imagine that many Slashdot readers are behind routers that hold all of their internal IPs private to the outside world. Is the bill payer responsible for all of the users of that router? How can a person be held accountable for the actions of others, especially when there is no proof of who did what?"

11 of 97 comments (clear)

  1. Short answer by Your_Mom · · Score: 4, Insightful

    Read your AUP for your ISP. That should tell you.

    --
    Objects in the blog are closer then they ap
  2. Their new tactic by Anonymous Coward · · Score: 3, Funny

    Everytime you download an MP3 the RIAA kills a kitten.

    1. Re:Their new tactic by afidel · · Score: 3, Informative

      That's from a Fark Photoshop contest. It includes several common fark themes. Domo-kun, the cliche kitty, and masterbation/sex.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    2. Re:Their new tactic by WhiteBandit · · Score: 4, Funny

      Err, while I know people are hesitant clicking sites that end in .cx (and I'll probably be rated a troll by people who don't check the link) I remember finding the picture here. Not sure if it was before or after the Fark thing though.

      http://www.oralse.cx/contrib/domokunkitty.jpg :sigh: Yes, it has "oral" in the link... it *is* safe! (Though someone browsing through your history log might not think so, but regardless.)

  3. ToS by LordLucless · · Score: 4, Informative

    Most ISPs Terms of Service agree that the payer is responsible for any data sent over the service. Many home ISPs also stipulate that the service is only for the use of the customer, and they cannot resell or give away the service.

    --
    Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  4. Answer by omarius · · Score: 3, Insightful

    How can a person be held accountable for the actions of others, especially when there is no proof of who did what?

    I'm not sure. Perhaps you should ask the people that crafted the RAVE Act.

    1. Re:Answer by afidel · · Score: 3, Insightful

      I HATE the RAVE act with a supreme passion. I had the owner of a bar that occassionally hold techno events ask me to put away my glowsticks at a Bad Boy Bill concert because the local police had harassed him and insinuated that they would shut him down and try to seize his business. Their justification was that under the RAVE act glowsticks are drug paraphanalia (under Ohio Revised Code only things that can reasonably be construed as aiding in the consumption of controlled substances are considered paraphanalia) and that they could use that as indication of drug activity at the event and shutdown the concert and sieze the establishment. If the guy wasn't so nice about it I would have gone outside flagged down a police officer and asked to be arrested. Then I would have gone to the same neighborhood with my son on holoween and demanded to be arrested again.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  5. ISP May Drop You, But... by Chilltowner · · Score: 3, Funny

    I'm not sure if that will get you in hot water with the RIAA. Yes, you may be violating your user agreement with the ISP. Worst case, they drop you. But it still leaves open the question of who was doing the file trading. You may wind up without your broadband connection, but, without proof of who did the downloading, an RIAA suit wouldn't have much to go on.

    In fact, it is possible that everyone behind the router could be file-sharing. As long as the cloud of doubt remains, though (and the router logs remain non-existant), the router owner shouldn't be on the hook for anything beyond violating the terms of service with their provider.

    Of course, IANAL, so ignore all of that and buy all of your music for full price at Best Buy. Rat out your friends. Run Win XP. Choose a starter home. Choose leisurewear and matching luggage...

  6. Sure... and use DMCA against RIAA by mTor · · Score: 3, Interesting
    DMCA has provisions that protect ISPs from lawsuits and provide a recourse. You can claim that you own a Wireless router and that you provide free access to anyone in your vicinity. Invoke the DMCA and use the same defense that an ISP would use since you are an ISP.

    DMCA Section 202.512.(a)

    1. Re:Sure... and use DMCA against RIAA by mTor · · Score: 3, Informative
      Sorry about that link. I wasn't aware that direct LOC links expire. Here is some stuff that should work!

      The original link I wanted to show: Full text of DMCA legislation

      I also found this: DMCA Summary (i.e. written in plain English) Look at page 8. Specifically, Title II Section 512. There are provisions there for ISPs. This section was added so that ISPs should not be held liable to what their users are doing. You are required, once you receive a subpoena, to reveal the identity of the person in question. However, this can be impossible if you run a wireless AP and don't log MACs or you can even claim that the person was using a fake MAC. In any case, you have a lot of leeway.

      Anyone hit by the RIAA extortion lawsuit should claim ISP rights!

  7. Actually... by NoMoreNicksLeft · · Score: 3, Interesting

    A variation of this concept could be used to create a largely anonymous, secure network.

    A - B - C - D

    Assume that you are host B, and you VPN to host C, who happens to be in France (with you in the Canada). Host D also VPNs to the guy in france, but he never tells you who that guy is (he is careful to not even give any hints of that).

    You allow host A to VPN to you, and A is someone you thought you could trust, in the USA. But he is only an RIAA narc. He connects to your network, and discovers that host D runs a large mp3 ftp server. But the narc on host A only knows your own public IP (which might as well be your identity, it will lead to it easily enough). You however, are outside of the jurisdiction of the USA. The RIAA won't be able to sic criminal prosecution on you, and even if they tried, you have a good chance of beating extradition "Your Honor, I only participate in an experimental hobbyist network". Besides which, they don't want you, but rather your computer or ISP's logs. The RIAA is big enough to try to prosecute this in civil court... but how can they force you to reveal the identity of host D, when you don't know it yourself?

    And, the network could be made even larger, so that they might have to hop from host to host, forcing the revelation of the next hop's identity. How much would that cost them, and could host D vanish before they got close? Imagine not a chain of hosts, but a square mesh. Now, instead of just the 2 routes, you have 4 or 6... they can't even tell which of your routes is C, which is G or Z. So, at that point, even your ISP's logs aren't enough, they have to confiscate your computer.

    I think the scheme is rather strong, but I'd happily take suggestions. Anyone(not in the USA) want to help me build it?