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Innocent File-Sharers Could Appear Guilty?

daveo0331 writes " New Scientist has an article about what could be a promising defense strategy for people targeted by the RIAA. Basically, anyone on the Gnutella network can frame other users by making it look like someone is hosting RIAA music, even though they're not. Therefore, the RIAA's "evidence" against file sharers is theoretically unreliable and wouldn't stand as good a chance of holding up in court. No mention of whether this has anything to do with the RIAA's eagerness to settle the lawsuits out of court. The article is based on a research paper (PDF link, HTML version) posted anonymously to a web hosting service in Australia."

24 of 380 comments (clear)

  1. Innocent? Filesharing? by SpanishInquisition · · Score: 5, Funny

    can you say those 2 words in the same sentence?

    --
    Je t'aime Stéphanie
    1. Re:Innocent? Filesharing? by plenTpak · · Score: 4, Interesting

      i currently share 976 free songs (~3.58 GB), legally. i got all these songs off of iRATE. so i'd say you certainly can!

      i think irate is great by the way, although there's certainly room for improvement (p2p support, perhaps, as well as integration with an external media player). maybe when i have time i'll sit down and (attempt to) throw something together... (hopefully someone will have done it by then, and i can just download it. =P)

  2. This may have happened already by l810c · · Score: 4, Interesting
    Read about this in USAToday Monday:

    A number of people say they were wrongly accused by the RIAA, or that their children swapped music without their knowledge. The RIAA dropped one suit, against retired Boston teacher Sarah Ward, 66, when it was discovered she couldn't be sharing songs on pirate service Kazaa because she uses an incompatible Apple computer.

    1. Re:This may have happened already by krymsin01 · · Score: 5, Funny

      How many people are going to stand up and say in court that they hold the copyright to a child porn clip, and demand that they be compensated for loss of profit. Also, I doubt if they would be members of the RIAA, though it wouldn't surprise me that much.

      --
      stuff
  3. html link by tedtimmons · · Score: 4, Informative

    Thanks to google, here's the HTML version of the PDF.

    Sure, karma whoring, but who wants to load a PDF? At least I didn't post a MS Word version of it!

    -ted

  4. Re:Does it realy make a difference? by SoIosoft · · Score: 5, Informative

    Not really. The courts have decided there's legitimate uses for P2P and therefore they actually have to catch you in the act of violating the law to sue you. One concern here, though, is the Gnutella network doesn't, by itself, detect your IP. You can put whatever IP in you want and it'll appear that way to the rest of the network. Often, you'll see people with IPs in the 192.168/16 block on there. I could see how they could get your IP wrong this way and falsely accuse you because someone on the network claimed to have your IP. And this sort of thing scares me away from Gnutella.

    --
    Help me. I've been modbombed by a few people with entirely too much time on their hands.
  5. Ummm, so what? by Gogl · · Score: 4, Insightful

    How many of the people being sued by the RIAA actually use Gnutella? I would bet few to none. The vast majority are getting nabbed for Kazaa and other more popular, less geeky p2p clients.

  6. What about the obvious DHCP issue? by Shawn+Parr · · Score: 5, Interesting

    When using a modem, or even Cable/DSL one is typically dynamically assigned an address. Many times these can change. It was stated in numerous articles that the RIAA found IP addresses for people, then subpoenaed ISPs for the users using those addresses.

    Either due to ISP incomprehension, or RIAA non-specific requests, they most likely received a lot of information based on who was using that address after subpoena, not during copyright infringement.

    1. Re:What about the obvious DHCP issue? by Anonymous Coward · · Score: 5, Insightful

      ISPs are required by law to maintain a USERNAME,IP,TIME_USED record for even dynamic IPs.

      So if RIAA gives them a IP,TIME_of_infringement, they will have no problem in retrieving a USERNAME and other resulting info to send to the RIAA

    2. Re:What about the obvious DHCP issue? by EverDense · · Score: 4, Interesting

      ISPs that are serious about protecting customer privacy will simply quit keeping these records.

      ...and Customer's that are serious about protecting their own privacy will quit the ISPs that don't.

      --
      http://jesus.everdense.com/
    3. Re:What about the obvious DHCP issue? by Pathwalker · · Score: 4, Interesting

      ISPs that are serious about protecting customer privacy will simply quit keeping these records.

      And spammers will flock to them in droves.

      After all, if the ISP has no record linking Time and IP Address to a customer, then there is no way to know who sent the spam...

  7. Where is the principal in all this ? by tmark · · Score: 5, Insightful

    This is no "strategy", it's a cop-out. If people are sharing files, and they *really* believe they should be allowed to do so, they should fight on the merits of their position, and live or die on said merits. To cook up a tenuous argument that someone might have framed you, is a tacit admission that the arguments people have mostly been using to justify file-sharing are worthless, and that file-sharing itself is indefensible. Show some backbone, people.

    1. Re:Where is the principal in all this ? by darkov · · Score: 4, Insightful

      This is a great argument utill some idiot teenager starts echoing your IP showing that you are sharing thousands of copyrighted files and you get a subpoena. If it's possible, someone will get around to eventually for a laugh. What do you do then? Plead your innocence siting your slashdot posting as proof? Well, you don't get a chance because you can't afford to fight the case because you haven't got a lazy 10-20K. So you pay up. And you're innocent, or so you say.

      Let's face, if it happened to you you'd bee bawling endlessly about the injustice instead of condeming possibly innocent people.

  8. Re:Does it realy make a difference? by jpu8086 · · Score: 4, Informative

    You don't seem to understand the article. Infact, I would go out and call you a "big fat liar," but I'll try to be civil here.

    You can't put whatever you want as your IP. That's stupid. In P2P networks, other peers connect to you. They know your real IP number.

    Where you lie is when someone searches for a file (you search by asking your neighbors in Gnutella), you just put in a random (or not so random) IP number and claim that the machine returned a successful hit and send it back to the original peer.

    Lo and Behold! That machine could be thought of a culprit by the RIAA if they don't verify by downloading.

    --
    now supporting:
    cmdrTaco for president '04
    michael for oval office intern summer '05
  9. Even worse (or better?) by Anonymous Coward · · Score: 5, Interesting

    Furthermore, a worm/trojan could be released that secretly installs a Gnutella client and ACTUALLY downloads some tunes. Would ignorance be an excuse, when suddenly every computer in the world is filesharing? Tell you what, if I did fileshare copyrighted material, I would put up a fight.

  10. A Question by bogie · · Score: 4, Interesting

    Someone already sort of asked this but they are modded at 0 and thus might not get heard that easily. I was wondering if anyone had a breakdown of just what P2P networking the RIAA is targetting. If you read the headlines all you would think is that this is between the RIAA and Kazaa. I remember when recently when we all joked about the actual kazaa names people were using and how many "kazaalite" users there would be.

    So what's the deal? Any WinMX, EDonkey, Bittorrent users being attacked in this recent spat of 700 cases by the RIAA. Or is it just those Kazaa users?

    --
    If you wanna get rich, you know that payback is a bitch
    1. Re:A Question by Kilbasar · · Score: 5, Informative

      I know for a fact that the MPAA monitors eDonkey. I was caught by them a few months ago, and they told my college to yell at me. Since the RIAA seems to put even more resources than the MPAA into tracking file sharing, I'm positive they're also watching eDonkey.

  11. Flaws in the paper by PureFiction · · Score: 4, Informative

    First, as some have mentioned previously, all of the RIAA legal actions required that the ISP's map date + IP correctly to the right user. This has shown to be problematic, as a number of Mac users have been caught up in the lawsuits.

    The RIAA cannot expect the ISP's to provide 100% infallable information. This alone is a bigger threat than the attacks mentioned.

    On to the paper. You can find it via google.

    For the duration of these items im going to assume that the networks in question are either FastTrack/KaZaa or Gnutella. These appear to be the networks currently targeted by the RIAA.

    Scenario 1: Modifying Search Requests and Search Results in Transit

    This is a non starter, as the RIAA have mentioned before regarding their tactics that they rely on MD5 check sums of files that are downloaded from the peer. Simply modifying search results or requests will not incriminate anyone given the method the RIAA is using.

    Scenario 2: Spoofing the Originator of Search Results and Search Requests

    This falls into the same problem as #1. This will not get someone targeted by the RIAA.

    Scenario 3: Renaming a Contraband File to Match Incoming Search Requests

    This is a bit more troubling, as the MD5 sums would match the contraband, however, the title may be something completely innocuous - "Slashot Comment Archive" for example.

    I find it unlikely that the RIAA would target someone based on MD5's alone. Their tactics appear to use a search to identify potential infringing uploaders, and then a download to confirm contraband via MD5 sum.

    If this is the case, then the search for contraband would likely miss this type of file, as it would be renamed to something else (also popular) but unrelated to contraband content.

    This does remain a viable risk and potentially exploitable entrapment attack

    Scenario 4: Impersonating Another GP2P User

    This is another non starter in the same lines as #1 and #2. The RIAA is not using randomly selected user GUID's to identify infringers.

    Scenario 5: Tricking an Innocent User Into Downloading Contraband from an Authority

    This is a very implausible attack. The RIAA is using custom software to track the network, and does not appear to be uploading the files they are downloading for evidence, as would normally be the case with a standard kazaa/morpheous client.

    The chances of downloading a contraband file from the RIAA crawlers seems nil, regardless of how spoofed search resulsts could direct them in this fashion.

    In short, there is a potential for abuse, but the methods used by the RIAA prevent a number of these from working effectively. They search keywords and titles, and then confirm contraband with MD5 checksums of the uploaded content.

    This is very hard to spoof without actually deploying the contraband on a peer with malicious intent. You are still liable if someone puts contraband on your client!

    The biggest danger is still the ISP's inability to properly account for times and dates for each user associated to each IP address. This will continue to target innocent individuals, although the RIAA does appear to drop cases that are blatantly without merit.

  12. Even without these holes, where's the proof ? by dewdrops · · Score: 5, Insightful

    There's something that's bothered me about these lawsuits since the beginning: what proof does the RIAA have that a given person shared a file ? They're simply using logs of their software. But how is this being verified ? A log, afterall, is just a textfile; I can make one now that says Lars Ulrich was sharing my copyrighted works.

    Not to mention they're also relying on the DHCP logs of the sharer's ISP. These were designed to aid admins, not to be 100% accurate. And, even if we assume that the RIAA's and the ISP's logs are accurate, most people these days have multiple machines on their home networks and often wireless access points. How can could one possibly prove that the internnet account holder did the sharing and not a neighbor sneaking on via wireless or a friend who stopped by with a laptop or a roommate ?

    IANAL, but I don't see how any of these cases could possibly stand up in court, with or without security holes.

  13. Haven't You Heard? by thecampbeln · · Score: 4, Insightful

    The "law" is no longer about the "truth", but who can spin the best "half-truths" (read: lies). And the best "lawyers" (read: lairs) cost $$$, so in short, he with the most money gets "justice" (read: their way). So anything the "little guy" (read: not much $$$) can win is to come up with a nice "open-source" "half-truth", of which this seems to be. That and all that framing stuff others mentioned ;)

    --
    "1984" was ment to be a warning, not a guidebook. You hear that Kim Jong-il!? BushCo?!
  14. Re:mp3 music is illegal by idiot900 · · Score: 5, Insightful

    Downloading mp3 of music that you do not own is illegal. I taught my son a lesson by destroying his iBook. The lesson is that if you work hard and save your money to buy something, once you break the law with it, it will be taken away. By the time he saves enough to buy another laptop (which will be around two years based on his after school pay check) he will have learned that he was doing something bad and wont do it again.

    So it's pretty obvious that you are a troll but you do inadvertently raise a good point about authoritarianism.

    Destroying your son's personal property was an immature act. He knows it was a childish thing to do, and it caused him to lose respect for you as an authority figure and role model. You have eroded your ability to make moral judgments that he will respect.

    If your child does not respect you, he will not listen to you. Because of the power you wield he will simply give the appearance of respect and obedience, but in reality will go behind your back and do whatever he wants. This is the behavior you are reinforcing. Why would he do any differently?

    So in a way you are like the RIAA. The RIAA is destroying any respect the public had for it by suing its own customers for large damages, much like you destroyed your son's iBook. Now even if they had a valid moral position (e.g. sharing music is stealing from artists) people are disinclined to believe it, regardless of its veracity. Music sharing will go on - just behind the RIAA's back.

    You and the RIAA both need to act like adults here and build trust by acting maturely. Then maybe you both will get the respect you desire.

  15. Re:There are no juries, these are CIVIL cases by odin53 · · Score: 4, Informative

    THESE ARE NOT CRIMINAL CASES. There is NO JURY.

    Of course there are juries in civil cases. What makes you think there aren't? It depends on the jurisdiction, but at least in the federal court system, in most civil cases you need only ask for a jury trial to get one, and only if both parties waive will you not get a jury (i.e., get a bench trial).

  16. Possibly beware of the link... by Zone-MR · · Score: 4, Informative

    If you are using any version of windows NT, it is not always wise to open untrusted telnet links. By default windows will send the NTLM hash of the logged in user to the remote server, which could be auditted to recover the password in usually less than a day.

  17. So many misconceptions . . . by werdna · · Score: 5, Informative
    In reviewing the threads in response here, I noted so many misconceptions as to how our legal system works, I thought it might be useful to compile them into a single e-mail rather than answer piecemeal.

    1. Jury Trial. Somebody suggested that because this is a civil action, there is no jury trial. This is not the case. The Seventh Amendment assures that a plaintiff or defendant is entitled to a jury trial for an action traditionally at law, which includes actions for Copyright Infringement.
    2. Preponderance of the Evidence.Because these are civil actions, the plaintiff only needs to prove the elements of his cause of action by a preponderance of the evidence. That is, to produce evidence tending to show that it is more likely than not that the allegation occurred. The theoretical possibilty that it might have happened otherwise doesn't suffice to get you off the hook (as it might in a criminal trial) unless you show not only that it is theoretically possible you aren't guilty, but that it is LIKELY that you aren't guilty.
    3. Reliability. Most evidence is unreliable -- there are two sides to every tale, and you almost never have a forensic "gotcha" slam-dunk that will actually goes to trial. The standards of authentication are virtually trivial in many cases, and the weight of the evidence is weighed by ordinary people. I guarantee this -- at the end of the day, the jury is not going to listen to forensic experts on both sides contradicting one another as to whether there might have been fuzzy spoofing to frame the defendant -- the jury is going to consider the facts and evidence overall, the credibility of the witnesses and most significantly, the circumstances overall under which they occurred. Case in point: A produces contract supposedly signed by B. B denies signature. Signature experts on both sides quibble about authenticity of signature. This case will be decided not on the scientific evidence, almost never. It will be decided on the circumstances of the case: "Did you speak with A then? yes. Did you discuss the terms of this agreement? yes, but those weren't the terms. Did you get the shipment of widgets shortly thereafter? yes. did you install them? yes. did you see the invoice? i don't remember. did you ever complain about the price on the invoice? i don't remember. how about that first check you sent, how come you used the price set in the agreement then? well, that was a clerical error." The answers won't matter so much, as HOW they are answered. And you will be amazed at how well a jury can smell a liar.
    4. Not everybody lies. When you are caught, at some point you will be asked the ultimate questions under oath, and then you have a choice: (i) tell the truth, in which case you may be credible enough to prevail; or (ii) lie, in which case you may be credible enough to prevail. The thing about lying, however, is this: you are lying. For many of us, when push comes to shove, personal honor tends to matter more than a few bucks. For others, well, that's how it goes -- they are the lying liars that make this place a sadder one in which to live.
    5. RIAA has a case. Look, here it is. If the facts are true, if you have copies of unauthorized works on your computer, and they catch you -- you are busted. You did the deed, and it is actionable. You might not like it, but you are responsible under the law for your conduct.