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BayTSP Provides Automatic DMCA Notices

Posted by michael on from the nothing-bad-could-possibly-happen dept.

ruvreve sent in a pointer that BayTSP is promising to identify Bittorrent uploaders for the entertainment industry to file suit against. Slashdot has run numerous stories discussing what happens when you automate DMCA takedown notices - see also chillingeffects.org.

7 of 306 comments (clear)

  1. Re:Will folks deliberately upload... by Anonymous Coward · · Score: 5, Informative

    According to the story, they download the file to confirm it.

  2. Re:Already got a lawsuitbot "honeypot" up here. by kwalker · · Score: 4, Informative

    That won't work with this (At least not according to TFA). It looks like their servers make the content (at least partially) available online for people to search for and download, then other servers make requests for the content and will snag the IP and content blocks that people upload to them which they verify is the content and store for later prosecution. If all you're uploading is a string of zeros they won't have evidence against you.

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    ... And so it comes to this.
  3. Re:It was bound to happen wasn't it... by Anonymous Coward · · Score: 5, Informative

    After all, it's the Napster suit that prompted the development of central-server-less protocols like Bittorrent.

    BT has trackers. They are rather central.
    Also, most people find (found) torrents at sites such as suprnova. Also central. More centras than Napster, certainly, but not "central-server-less".

  4. Probably already started! by Anonymous Coward · · Score: 5, Informative

    Got hit last month for downloading unaired Stargate Atlantis episodes that haven't been aired in USA. The C&D letter had BayTSP and BitTorrent references.

  5. "maintaining an attractive nuisance" by John_Sauter · · Score: 4, Informative
    Sounds a lot like entrapment to me...
    I am not a lawyer, but I believe the word you are looking for is "maintaining an attractive nuisance." The standard example is putting a very visible stack of gold bricks in an open field, with a fence around it labeled "no trespassing." I then prosecute everyone who jumps the fence in the hope of snagging a gold brick.
    John Sauter (J_Sauter@Empire.Net)
  6. You were doing fine up until.... by reality-bytes · · Score: 4, Informative
    After all, it's the Napster suit that prompted the development of central-server-less protocols like Bittorrent.


    Bittorrent was designed for efficient transfer of files via a peer to peer network.

    Bittorrent uses centralised trackers and indeed it was never intended to "go under the radar" it simply became popular for distributing copyright material when third-parties discovered that it was faster than what they were already using.
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    Ripping an new rectum in the fabric of spacetime.
  7. Unclean hands....Hmmmm. by penix1 · · Score: 5, Informative

    "I think the GP has an interesting point. Not one that I imagine would ever brought up in a legal setting of course; it still tickles me though."

    Courts have traditionally recognized that evidence held against you must be obtained in a legal way. One of the defenses that can be used against the MPAA suit of a turrent user is "unclean hands". What this means is that the person doing the suing is also guilty of the same offense (that of sharing "illegal material"). Unless turrents allow downloading without uploading anything, the MPAA attack dogs are just as guilty of doing what they are accusing the ohter end user of.

    IANAL and all but it sounds good to me...;-)

    B.

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