BayTSP Provides Automatic DMCA Notices
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.
...misleadingly named materials in order to create false positives?
And if enough folks do it will it make resistance via auto-notices futile?
Stop the world; I need to get off.
Is this software good enough to notice the difference between a movie and 120k of source code?
Linux Wireless Hardware in the UK
Lawsuit-bot honeypot. Check it out. It has a huge list of randomly generated filenames (with all sorts of well-known/recent game titles, movie titles, musicians, etc.). Designed to attract lawsuit-bots and give ironclad PROOF that the files are not real (they're just long strings of zero bytes) :)
Honey, I shrunk the Cygwin
One quite interesting angle is that in countires with strict privacy laws (many EU countires), it may be illeagal to record IP addresses that carry pirated content. Copyright infringement is a petty crime that does not warrant home searches or disclosing communication (IP addresses, telephone numbers) unless you ask money for it.
Thus, a company that records IP addresses of file swappers could be liable under Finnish penal law facing upto four years of physically limited freedom for management.
whay makes them think they have the right to notify anyone ?
some 3 months ago the ISP i used to work for here in brasil received a notification that someone in our network was downloading "exorcist - the begining", complete with IP address. happens that a simple "whois " returned the name of another ISP, with an IP address range in a neighbour AS (autonomous system. huge IP address ranges ISPs and network operator have). we simply had NOTHING to do with that.
lucky them they were in US. if they were here with the threatening tone of the e-mail we could sue them. threatening a person or a company on an empty basis or based on false information is (IIRC, IANAL) ilegal here.
What ? Me, worry ?
this is the shit my isp sent me a month ago... thought i had seen this baytsp name before. The mpaa can go fuck themselves.. i'll be using I2P bittorrent for my stuff from now on.
> Notice ID:7957592
> Notice Date:16 Dec 2004 01:18:22 GMT
>
> Dear Sir or Madam:
>
> BayTSP, Inc. ("BayTSP") swears under penalty of perjury that Paramount Pictures Corporation ("Paramount") has authorized BayTSP to act as its non-exclusive agent for copyright infringement notification. BayTSP's search of the protocol listed below has detected infringements of Paramount's copyright interests on your IP addresses as detailed in the attached report.
>
> BayTSP has reasonable good faith belief that use of the material in the manner complained of in the attached report is not authorized by Paramount, its agents, or the law. The information provided herein is accurate to the best of our knowledge. Therefore, this letter is an official notification to effect removal of the detected infringement listed in the attached report. The Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention, as well as bilateral treati
es with other countries allow for protection of client's copyrighted work even beyond U.S. borders. The attached documentation specifies the exact location of the infringement.
>
> We hereby request that you immediately remove or block access to the infringing material, as specified in the copyright laws, and insure the user refrains from using or sharing with others Paramount's materials in the future (see, 17 U.S.C. 512).
>
> Further, we believe that the entire Internet community benefits when these matters are resolved cooperatively. We urge you to take immediate action to stop this infringing activity and inform us of the results of your actions. We appreciate your efforts toward this common goal.
>
> Please send us a prompt response indicating the actions you have taken to resolve this matter. Please reference the Notice ID number above in your response.
>
> Nothing in this letter shall serve as a waiver of any rights or remedies of Paramount with respect to the alleged infringement, all of which are expressly reserved. Should you need to contact me, I may be reached at the following address:
>
> Mark Ishikawa
> Chief Executive Officer
> BayTSP, Inc.
> PO Box 1314
> Los Gatos, CA 95031
>
> v: 408-341-2300
> f: 408-341-2399
> paramount-picture@copyright-compliance.com
>
> *pgp public key is available on the key server at ldap://keyserver.pgp.com
>
> Note: The information transmitted in this Notice is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, reproduction, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from all computers.
>
> This infringement notice contains an XML tag that can be used to automate the processing of this data. If you would like more information on how to use this tag please contact BayTSP.
>
>
>
> Infringed Work: Machinist, The
> Infringing FileName: The.Machinist.LIMITED.SCREENER-VideoCD
> Infringing FileSize: 1070386415
> Protocol: BitTorrent
> Infringers IP Address: x.x.x.x
> Infringer's User Name:
> Infringer's DNS Name: x.cablecompany.net
> Initial Infringement Timestamp: 14 Dec 2004 14:11:25 GMT
> Recent Infringement Timestamp: 14 Dec 2004 15:45:09 GMT
>
>