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RIAA Files 532 Lawsuits
Like2Byte writes "The RIAA is at it again. This time, Yahoo! News is reporting that 532 file sharers' IP addresses are being submitted to the courts instead of their names because ISPs decline to name people and the courts previous blocks. Music lawyers filed the newest cases against 'John Doe' defendants -- identified only by their numeric Internet protocol addresses -- and expected to work through the courts to learn their names and where they live."
If you're worried, check for your IP in this list:
200.63.21.82, 200.43.100.2, 200.45.71.52, 66.250.69.1, 63.127.197.125, 12.151.51.3, 208.179.83.10, 64.132.153.94, 63.104.199.229, 209.178.203.10, 63.202.129.167, 209.210.176.44, 208.231.174.104, 12.153.122.3, 141.211.110.111, 216.191.3.75, 206.19.38.189, 206.156.87.27, 66.250.69.1, 206.126.128.16, 66.119.33.166, 66.105.98.139, 200.30.106.236, 130.150.174.132, 64.3.176.219, 216.87.64.146, 216.120.43.90, 65.112.203.171, 64.108.32.30, 64.83.129.12, 64.132.64.189, 207.115.74.124, 63.227.161.85, 63.108.93.134, 204.95.155.2, 66.134.30.172, 216.149.228.117, 64.35.162.221, 64.69.108.138, 216.174.249.11, 216.136.13.252, 209.23.191.50, 68.47.170.144, 209.53.200.33, 64.57.216.154, 24.62.41.115, 209.10.154.3, 68.101.180.62, 216.101.213.100, 216.138.115.153, 66.43.149.135, 216.207.208.6, 216.138.115.134, 38.161.171.4, 208.10.115.111, 208.184.53.91, 63.193.141.126, 208.150.224.21, 171.64.107.73, 204.0.181.79, 216.174.248.6, 63.125.180.75, 199.233.75.2, 64.32.251.71, 207.115.79.125, 200.69.218.129, 128.95.39.140, 208.150.224.18, 12.100.15.167, 64.57.216.175, 142.163.125.10, 216.167.47.25, 206.117.78.11, 164.58.80.66, 205.221.82.5, 64.45.149.39, 64.238.119.162, 209.51.224.26, 216.38.33.66, 208.37.238.178, 216.167.48.205, 209.53.201.151, 148.247.5.2, 208.192.111.150, 216.38.33.66, 216.136.111.164, 66.0.72.18, 12.8.36.142, 63.221.31.26, 64.26.96.10, 63.206.200.131, 208.150.224.18, 24.106.27.8, 208.21.172.138, 216.144.199.222, 131.212.59.41, 68.0.113.150, 208.184.53.95, 216.135.194.170, 38.201.184.162, 200.32.75.90, 206.129.0.18, 216.174.249.22, 64.77.84.154, 155.229.77.2, 165.138.50.193, 64.30.216.226, 66.121.16.117, 63.163.68.115, 206.254.36.34, 4.64.63.190, 216.53.197.27, 205.136.164.80, 168.216.25.172, 209.180.49.185, 128.110.142.49, 216.150.218.245, 208.177.156.6, 12.36.210.123, 12.15.32.199, 64.220.125.211, 216.210.194.43, 12.159.43.40, 64.42.21.250, 200.62.194.130, 200.70.37.10, 196.40.60.34, 164.77.247.122, 208.151.246.44, 208.30.40.250, 208.184.53.89, 65.104.48.76, 208.188.209.234, 209.172.13.5, 204.201.220.33, 66.12.24.194, 205.216.125.26, 204.201.220.33, 209.31.173.2, 64.83.129.10, 216.76.114.130, 12.27.205.15, 65.105.125.126, 209.23.81.59, 209.204.71.120, 65.106.228.51, 210.9.199.154, 200.24.214.158, 216.148.246.133, 200.81.64.14, 128.111.80.86, 206.126.128.239, 210.10.86.12, 63.170.241.227, 202.61.211.113, 200.61.6.50, 128.253.145.99, 216.227.111.41, 24.128.140.29, 216.138.5.2, 63.199.63.218, 216.136.13.252, 61.8.23.5, 216.149.228.118, 12.98.160.35, 63.225.211.58, 200.205.174.194, 64.51.242.130, 216.126.11.10, 216.243.206.237, 64.242.223.111, 216.117.110.253, 209.73.13.200, 65.89.79.188, 207.115.71.152, 200.14.237.10, 204.94.195.3, 216.53.197.27, 207.219.2.31, 204.246.74.209, 207.224.50.241, 63.171.197.173, 65.104.156.98, 206.111.235.35, 200.203.240.129, 209.106.163.7, 129.186.12.52, 216.239.0.93, 66.147.2.35, 64.144.240.62, 200.181.107.195, 63.165.92.4, 64.66.106.26, 216.77.173.59, 208.184.53.109, 216.88.32.211, 63.72.18.252, 65.105.125.126, 63.86.165.3, 64.51.98.130, 206.127.251.176, 216.165.222.190, 200.167.215.225, 208.184.53.98, 168.187.123.11, 216.148.244.37, 24.196.41.205, 66.83.10.226, 216.126.11.110, 216.230.87.84, 209.26.191.130, 196.15.241.22, 200.223.188.131, 207.173.172.98, 200.252.127.11, 200.21.225.82, 66.236.70.66, 216.126.11.103, 63.142.64.10, 151.188.13.9, 204.253.56.218, 64.242.223.111, 200.182.86.2, 216.77.97.130, 168.160.251.165, 216.152.166.130, 200.54.149.210, 204.2.60.34, 200.205.68.46, 196.15.183.83, 208.177.156.90, 63.199.63.218, 209.172.13.199, 63.229.15.107, 207.109.229.68, 128.110.187.10, 200.167.215.129, 216.138.115.136, 139.130.93.130, 209.98.3.203, 216.126.28.154, 64.34.192.237, 64.57.216.125, 64.57.216.140, 24.86.121.228, 206.168.157.64, 216.149.228.98, 196.20.31.121, 207.213.248.71, 66.82.81.103, 200.31.26.66, 208.153.192.242, 62.210.132.50, 163.178.136.2, 209.53.200.21, 12.150.206.100, 64.19.148.245, 64.4.114.4, 206.208.62.141, 207.28.160.225, 216.176.223.180, 216.20.135.8, 63.217.167.34, 63.89.181.5, 216.101.117.162, 63.77.37.9, 216.
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Comment removed based on user account deletion
ISPs keep a copy of what IP was leased to what MAC at what times.
Trolling is a art,
Thats irrelevant. ISPs will know who had what IP and at what times.
--- any post that takes longer than 20 seconds to write, isn't worth writing
whoever the 'owner' of the account used to connect will get the subpoena. according to every ISP EULA to date, that person is legally responsible for any and all traffic through that pipe. ...Except in the case of the script kiddie who plead 'hacked'. apparently someone having rooted your system absolves you of responsibility. Though I don't imagine that precedent to last very long.
In point of fact, I know most do. I know several people who work in support or engineering for several ISPs and keeping such logs is not unusual. The existence of a given set of logs can almost be taken for granted, what you can't take for granted is how long such logs might be kept.
"Talk minus action equals nothing" - Joey Shithead, D.O.A.
"Talk minus action equals
The person who is the billing contact will be sued. No lawsuit has played out in court to know what the result of a lawsuit brought against a person who gave access to someone who shared copyrighted material would be.
I hate liberals. If you are a liberal, do not reply.
Its interesting you say this, because this seems to be something thats quickly catching on.
:)
This Register article seems to indicate that the Trojan Horse Excuse syndrome is quickly catching on.
Do not know how well it would hold against the RIAAs corporate hoodlums, but seems to have some effect
their representation runs in the neighborhood of a grand a billable hour. filing hundreds of nearly-identical cases probably brings the average down, but not to the point that the settlement sums make up the difference.
they're shaking down people for cash because the money is a meaningful quantity for the victim, not the RIAA. they aren't trying to make money, they're trying to deter an activity they can't stop.
not to be nitpicking but that should be 192.168.0.0 through 192.168.255.255
These are civil cases, they don't have to prove beyond a reasonable doubt. They just have to show that it was probbably you.
I just did a random few. I'd love to see the RIAA sue people in France, Germany, and all of the other countries IPs who are in that list. I saw a couple of 212 addresses and figured, no, they aren't from the states so I did a lookup on them. Low and behold, European address blocks. Have fun RIAA. Something tells me your tactics won't fly as well outside of the US as it does within...
sigs are like a box of chocolates, they all suck remove the underscores to email me
Every time there is a copyright related case, I have to take the time out of my day to explain to asshats like you that copyright infringement isn't theft. It is copyright infringement. They are different.
READ A BOOK!
Where's my lobbyist? Right here.
The dhcp servier & radius server (PPP) are separate entities. More accurtately the dhcp Ip is linked to a MAC address - Once a dhcp lease expires (connection is terminated) the arp table is refreshed. I don't know how long other ISP's leave thier arp tables up - but my routers refresh every 20 minutes.
In order to tie any specific IP to a particular user the connection has to remain active and the lease on the IP cannot expire.
This is why some macintosh users were accused of running the kazza client - the IP in question was linked to the mac adress currently in the arp tables. I have never encountered an isp that logs thier arp tables. So the customer who gets slapped with the lawsuit may not have been the customer who was originally sharing mp3's.
The only time usernames would be used at all if some sort of radius authentication is required by the isp before a dhcp address is leased (pap - chap, whatever). The most common broadband technologies that use radius is PPPOE & PPP over ATM.
The majority of ISP's used bridged ethernet technologies that don't require radius authentication. The only way of matching an IP in that case is via mac address.
Many firewall / router products allow for mac address cloning - which essentially allows a user to change his or her mac adress. IANAL but if the corresponding mac adress was not found on an offenders network then the RIAA would have no case.
In either way - due to the fact that most residental broadband services only offer DHCP addresses - the method that the RIAA is using to identify thier victims is highly unreliable.
___________________________
I'm not a geek, but I play one on TV.
I wonder how long most ISPs keep their logs linking usernames to IP addresses.
I suspect there may be some policies written very quickly, to say "not long at all".
Actually, I sysad at a few local ISPs, (outsourcing isn't just for Indian workers, y'know) and one of the client ISPs long ago made it clear to keep logs as short as possible to avoid problems like this.
Most records are deleted automatically (a la logrotate.d) in a month. The only real reason to keep these records is for tech support, which virtually never requires anything more than a few weeks back.
After that, these logs are just lawyer bait.
I have no problem with your religion until you decide it's reason to deprive others of the truth.
The social contract called copyright was broken by copyright owners when they paid Congress to change copyright from a limited-time system to a perpetual system. There is no reason for us to have any respect for it any longer.
If you want me to respect your copyright, give me a license that says your work is released into the public domain after 15 years.
Here is a partial list of those hostnames:
Name: 82-21-63-200-ptr.ipbusiness.net.ar Address: 200.63.21.82
Name: host071052.arnet.net.ar Address: 200.45.71.52
Name: server.backendhost.com Address: 66.250.69.1
Name: 64-132-153-94.gen.twtelecom.net Address: 64.132.153.94
Name: adsl-63-202-129-167.dsl.renocs.nvbell.net Address: 63.202.129.167
Name: filter.ikano.com Address: 209.210.176.44
Name: mail.webfolders.net Address: 208.231.174.104
Name: host75.reprografic.com Address: 216.191.3.75
Name: server.backendhost.com Address: 66.250.69.1
Name: web3.clubnet.net Address: 206.126.128.16
Name: proxy.ia4.marketscore.com Address: 66.119.33.166
Name: ip66-105-98-139.z98-105-66.customer.algx.net Address: 66.105.98.139
Name: ip174-132.calstate.edu Address: 130.150.174.132
Name: w219.z064003176.stl-mo.dsl.cnc.net Address: 64.3.176.219
Name: oracle-u235.viawest.net Address: 216.87.64.146
Name: e.bolgerinc.com Address: 65.112.203.171
Name: adsl-64-108-32-30.dsl.bltnin.ameritech.net Address: 64.108.32.30
Name: www.marshinc.com Address: 64.132.64.189
Name: uswb124.isomedia.com Address: 207.115.74.124
Name: h-66-134-30-172.NYCMNY83.covad.net Address: 66.134.30.172
Name: Proxy.ALACT.org Address: 64.69.108.138
Name: wwwdemos.com Address: 216.174.249.11
Name: jesus.maxnetwork.com Address: 216.136.13.252
Name: sushi.lakes.com Address: 209.23.191.50
Name: pcp04959131pcs.westk01.tn.comcast.net Address: 68.47.170.144
Name: h000347c39f44.ne.client2.attbi.com Address: 24.62.41.115
Name: mail.barberinc.com Address: 209.10.154.3
Name: ip68-101-180-62.sd.sd.cox.net Address: 68.101.180.62
Name: adsl-216-101-213-100.dsl.lsan03.pacbell.net Address: 216.101.213.100
Name: airband-216-138-216-153.airband.net Address: 216.138.115.153
Name: uslec-66-43-149-135.cust.uslec.net Address: 66.43.149.135
Name: airband-216-138-216-134.airband.net Address: 216.138.115.134
Name: smtp.humanscale.com Address: 38.161.171.4
Name: 208.184.53.91.available Address: 208.184.53.91
Name: baffle.Stanford.EDU Address: 171.64.107.73
Name: flash.net10.net Address: 216.174.248.6
Name: ip-64-32-251-71.dsl.iad.megapath.net Address: 64.32.251.71
Name: mail.nwmotion.com Address: 207.115.79.125
Name: customer.iplannetworks.net Address: 200.69.218.129
Name: www.uweb.engr.washington.edu Address: 128.95.39.140
Name: 167.mupc.chcg.chcgil24.dsl.att.net Address: 12.100.15.167
Name: isaic.crlibrary.org Address: 205.221.82.5
Name: host26.224.51.209.conversent.net Address: 209.51.224.26
Name: w178.z208037238.nyc-ny.dsl.cnc.net Address: 208.37.238.178
Name: dslgw1.cipherkey.com Address: 209.53.201.151
Name: ip164.gtsgateway.com Address: 216.136.111.164
Name: eagle2.caldwellacademy.net Address: 66.0.72.18
Name: adsl-63-206-200-131.dsl.snfc21.pacbell.net Address: 63.206.200.131
Name: rrcs-west-24-106-27-8.biz.rr.com Address: 24.106.27.8
Name: ip199-222.digitalrealm.net Address: 216.144.199.222
Name: med162c-lw.d.umn.edu Address: 131.212.59.41
Name: ip68-0-113-150.tu.ok.cox.net Address: 68.0.113.150
Name: 208.184.53.95.available Address: 208.184.53.95
Name: user-vc8fgla.biz.mindspring.com Address: 216.135.194.170
Name: m001.bess.net Address: 206.129.0.18
Name: mcdonaldhouseelpaso.com Address: 216.174.249.22
Name: 64.30.216.226.lcinet.net Address: 64.30.216.226
Name: adsl-66-121-16-117.dsl.snfc21.pacbell.net Address: 66.121.16.117
Name: nc-02.cdsnet.net Address: 63.163.68.115
Name: library.vrjc.cc.tx.us.36.254.206.in-addr.arpa Address: 206.254.36.34
Name: tamqfl1-ar3-4-64-063-190.tamqfl1.dsl-verizon.net Address: 4.64.63.190
Name: saturn.littleb.com Address: 216.53.197.27
Name: www.samaritanbethany.com Address: 209.180.49.185
Name: mac19.art.utah.edu Address:
Actually, this is an ordinary application of a fairly common legal point. If you have enough evidence to show that SOMEONE has committed a tort, and some plausible basis for attempting to identify the plaintiff, but not enough to name them in the complaint, you may file a "John Doe" complaint, and then use routine discovery (particularly of third parties) to obtain more detailed information.
RIAA tried to avoid that process by using the DMCA subpoena provisions, and got rebuffed. Now they are going through the routine process that they would have to have done without the DMCA. In this case they are very likely to prevail, by the way.
Just another step in the P2P wars. This one is not terribly controversial.
As a former ISP manager, I know that by the time a lawsuit would have come about our DHCP assignment logs would have been rotated out of storage. Any reasonable sized ISP would have far too much data to keep on hand to store something like that.
I almost fell off of my chair:
http://128.111.80.86/
Points to....wait for it.....
"Asset Protection at UCSB"
Too good to be true!!
ATH0 Bitcoin: 1DnwFLXczVZV8kLJbMYoheUrpqHesjxrSi
It's best to just delete those logs right away so you don't have to deal with fools like the RIAA.
What laws, for example?
I have yet to see any requirement to keep any logs. I've asked, but noone has ever had an answer.
Doesn't matter, really.. I'm sure they log the ip handouts, and would know who had what ip at what time if they were forced to look.
The big ISP's wouldn't destroy their logs on their own, and they wouldn't turn off logging, and it's a crime to destroy them after subpeona'd... So you really gain nothing.
Snooze and you lose your sushi.
We all know multitasking is the tool of the Devil! It's true because Linux rulez and Windows sucks!
Oh, and BSD is dead, along with Stephen King.
All your troll are belong to me, you insensitive clod!
You're confusing "real" property with "intellectual" property. The US Const., the document from which all this flows, contemplates what we call "intellectual property" as a separate thing.
Article 1, Section 8, Paragraph 8 of the says: "[Congress shall have the power t]o promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."
That means that Congress, if it felt like it _could_ set up protections for intellectual property, for limited amounts of time, and for the purpose of promoting sciences and useful arts. It doesn't say "because citizens have a natural right to exclusive rights to their writings and discoveries akin to their rights over, eg, land"
So Congress created copyright and patent in order to promote the progress of science and the useful arts. Copyright and patent exist, therefore, in the service of *society* with limited benefits flowing to authors and inventors in order to, you guessed it, promote the progress of science and the useful arts.
Copyrights and patents are infringed. "intellectual property theft" is a misleading phrase flowing from the unfortunate choice of "intellectual property" as the moniker we give to this stuff flowing from Art 1 sec. 8 paragraph 8. It's different from tangible stuff.
This is all not to say that real people don't lose real money from IP infringement. It's just to say that it's misleading to comingle the language of tangible property with that of IP.
IANAL, of course, but I'm not sure this is right. As far as I know, under common law principles, ISPs cannot be presumamptively liable for the actions of their users...and I doubt the DMCA changes things in this regard.
Is there someone who actually knows with certainty the answer to this point? It is important for how this whole story will play out, methinks.
No. Legally copyright violation is not theft. It is against the law, but it is under a different catagory than theft.
The usual explanation is that in fact the original owner did not really lose anything.
However I think perhaps legally the difference is more that copyright violation can happen and the original owner can be unaware that it happened, while the original owner is obviously aware when theft happens because something of theirs is now missing. This makes the methods of detecting and prosecuting copyright violations different than theft.
I did read the entire sentence.
Here is a link to the Patriot Act: To deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes., but what is not clear is whether that is a preliminary version or the final version.
In any event, I don't see anything in it mandating that ISPs keep any kind of records of their customer's activity. Section 212 does discuss the disclosure of customer records, but I don't see anything there that mandates that records be kept.
On a quick reading, the sections referred to don't seem to require any records be kept.
At TITLE 18 > PART I > CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS, you can find the sections referring to the records.
For example, from Section 2709,
So, if you are asked for records, you must provide those records in your custody or possession. I don't see anything there mandating that you keep any such records.
The other sections are pretty interesting, but they seem to be more interested in keeping ISPs from providing confidential records without proper authorization.
The real question is, "Just what records must be kept?"
My guess is that you don't have to keep any records unless ordered to keep such records by a court of law.
In summary, it is very clear that if you have such records, you may be required to provide them under some circumstances. But I don't see anything mandating that you keep such records at all. I suspect that a judge could order the ISP to keep particular records, but what if there is no such order?
If the majority of copyright violations that the RIAA is concerned about involved decades-old music, you'd have a valid point. But unless you're arguing for a 2-week copyright term, I don't think "copyright extension" is relevant to this discussion.
It's just as illegal to download "decades old music" as it is to download music released less than "2-week"s ago. Just for kicks, imagine if everything over 28 years old (original copyright length +14 year extention) was in the public domain -- with new works being added every year. You don't think that would change the face of file sharing? Compare that with now, when nothing(slight hyperbole) created in my lifetime will ever be added to the PD. Plus, we won't get any "new" works (new but over 90 years old)in the PD until the year 2019 or so. And then only if copyright is not extended again.
I know people would still infringe copyrights and share newer stuff, but at least you could say "Only download music that is over 28 years old and you'll be safe."
In short, NO.
From TITLE 18 > PART I > CHAPTER 121 > Sec. 2702. - Voluntary disclosure of customer communications or records:
EXCEPT: when it is standard operating procedure to destroy those logs.
I.e. if you have them and get subpoena then and don't produce (or destroy) them it's obstruction of justice, if you dont have them as a matter of course and get subpoenaed its SOL for whomever wants them.
The only trick is to be able to prove you didn't have them... i.e. have a script running on a schedule or calendar reminder or something. It would suck to have the FBI looking for deleted data on a hard drive... but at least you wouldnt get in legal trouble then.
{I do the calendar, every month it reminds me to delete extra logs I no longer need, some get archived to CD, but most don't... I do not have hard drive space or time to keep all of them so I don't.}
The phone company keeps logs so they can BILL you or update services when they get overloaded. (There might be a law for them though...) ISPs don't have a law and may not be billing for time "unlimited" dial-up, so they can delete them if they want.
The parent poster is projecting way more responsibility on the ISP than there actually is. A gas station is expected to control if a stolen car gets fueled up or that the gas isn't used later to burn kittens or something, they are just expected to safely sell gas to anyone who wants it.
And a good one at that. More than 40 responses as people go off on Krog's wild goose chase. That deserves declaring Krog as either a foe or a friend, hard to decide.
Probably just a list of pingable addresses generated by nmap -iR 532 -sP. Too many of these addresses are outside the U.S., and too many of them seem to be resolving to hosts that are easily tracked down without needing to go through an ISP. mail.samaritanbethany.com? Come on, that one doesn't require a subpoena, just a whois lookup or a visit to their site. Its a retirement home in Rochester Minn. If the RIAA were going after them, they wouldn't waste their time with Verizon in NY when the provider is Qworst.
Has anyone else seen a copy of the lawsuit yet? It may show up on some court's website tomorrow, but there isn't a copy of the suit on the RIAA's site. I have written to the press contacts at the RIAA asking for a copy of the lawsuit, but I haven't yet received a response.
the AC
Hemos is like...sci-fi fans;he thinks technology is cool, but he hasn't bothered to understand the science it's based on