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Paramount Sues Ohio Man For $100,000

ematic writes "A hapless tech-novice finds himself in a US$100,000 lawsuit with Paramount Pictures for allegedly uploading the movie, Coach Carter, to eDonkey. Paramount had the police seize his four computers, but nothing was found. The tech-novice maintains his innocence, and contends that he is a victim of a drive-by upload. According to the ChannelCincinnati story, the victim 'is either a slick film pirate or an unwitting victim of someone who fits that description.'"

724 comments

  1. Tech Novice? by BigZaphod · · Score: 4, Insightful

    A tech novice with 4 computers? That seems sort of unlikely. I'm not saying he's guilty, but the facts just don't seem to mesh with the description there.

    1. Re:Tech Novice? by Anonymous Coward · · Score: 5, Funny

      A tech novice with 4 computers?

      Er... someone just broke in and left them here. What are those things anyway? I thought they were modern art.

    2. Re:Tech Novice? by blanktek · · Score: 5, Funny

      One computer and three coffee holders...

    3. Re:Tech Novice? by Anonymous Coward · · Score: 0

      Apparently buying computers makes you an expert?

    4. Re:Tech Novice? by JanneM · · Score: 3, Insightful

      My SO has no interest or talent for computers; she needs them for work and communication, that's all. She has all her older Macs still around, and she has the next-to-newest still connected along with the current machine since she feels more comfortable and secure getting to the data on it directly rather than moving it (and thus having the potential for application and OS version problems, lost or corrupted data and so on). She treats each one as a separate, volatile, black box, and once one is running, she does as little to it as possible.

      Of course, as a result, she does have a lot less issues to deal with than I do with my machines :)

      --
      Trust the Computer. The Computer is your friend.
    5. Re:Tech Novice? by Bin_jammin · · Score: 1

      I have a habit of helping out people that don't have a lot of money, keeping their boxes alive and gasping, and even low income people scrounge and find old PCs for either very short money or free. Some of these people have more than 4 boxes, having got them free from businesses giving away ancient hardware, garbage finds, Goodwill etc. These people certainly qualify as novices by anyone's classification. I just stopped by one house recently, and found that they have a DSL modem with built in router and wireless AP all rolled together. These people wouldn't know anything about firewalls, security, or basic configuration of any kind. They practically scream victim if you put them in this situation.

    6. Re:Tech Novice? by Anonymous Coward · · Score: 2, Insightful

      Family Desktop
      Family Laptop
      Kid's Computer
      Work Laptop

      Family Desktop
      Kid's Computer
      Other Kid's Computer
      Work Laptop

      Family Desktop
      Kid's Desktop
      Work Laptop
      Wife's Work Laptop

      Family Desktop
      Kid's Desktop
      Old Family Desktop Collecting Dust in Storage
      Work Laptop

      etc... etc...

    7. Re:Tech Novice? by ilyaaohell · · Score: 0, Troll

      I find it bizarre that, just because certain people are not fans of the concept of intellectual property as it applies to movie downloads, they automatically assume that someone who is accused of breaking these laws is innocent.

      He could be lying, you know. Hell, wouldn't YOU lie about your technical knowledge if you were faced with a $100,000 fine?

      "The man was dead when I got there, I swear!"

      --
      UNIX: A computer user is defined as a programmer. WINDOWS: A computer user is defined as a consumer.
    8. Re:Tech Novice? by Kasarn · · Score: 2, Interesting

      My dad has 4 computers (2 laptops and 2 desktop) all pretty decent OEM ones (the worst of which would be the laptop with its P4 2.4GHz CPU and Geforce 4 Go)... he also has very little idea of what he's doing with any of them.

      I'm rather annoyed with this fact because he now has 1TB in hard drives, of which he's used 10GB of at most. Could you imagine how many linux distros I could fit in 1TB?

    9. Re:Tech Novice? by Strokke · · Score: 1

      Since he fits the description of a computer geek he must CLEARLY be guilty. It sure is good to see that stereotyping in the justice system still lives strong. I guess all those black comics on Comedy Central are right.... BTW do not let the 4 computers fool you. Some might picture Hugh Jackman in Swordfish but more likely it is similar to my family. I am the only one who uses computers and still we have 5 sitting around the house. A mac from like 1990, a 300 MhZ beast, 2 semi-recent dells, and a laptop. I have made my family waste way too much money so that I could have play those new games every 2-3 years.

    10. Re:Tech Novice? by joystickgenie · · Score: 3, Insightful

      I would have to say that comes from the whole "innocent until proven guilty" thing

    11. Re:Tech Novice? by ArcadeNut · · Score: 5, Insightful


      I find it bizarre that, just because certain people are not fans of the concept of intellectual property as it applies to movie downloads, they automatically assume that someone who is accused of breaking these laws is innocent.


      I find it bizarre that you would assume he is guilty. What ever happened to "Innocent until proven guilty"? If he is guilty, let the evidence speak to that fact. The burden should be on the prosecution to prove that he in fact did commit the crime.

      --
      Visit the Arcade Restoration Workshop @ http://www.arcaderestoration.com
    12. Re:Tech Novice? by Anonymous Coward · · Score: 0

      Copyright infringement and hence paramount suing him is a civil matter. If it were a criminal matter a prosecutor would charge him with a crime and try him paramount wouldnt be involved in that prosecution other that to provide testimony being the agrieved party (or victim) and certanilly wouldnt be performing there own analysis of his machines, the defense could of course.

    13. Re:Tech Novice? by Anonymous Coward · · Score: 0

      It's a civil case, not a criminal case. "Innocent until proven guilty" only applies in criminal cases. Civil cases use the "preponderance of evidence" rule... i.e. who does the judge beleive more.

    14. Re:Tech Novice? by Aqua+OS+X · · Score: 1

      I have 4 computers in my house.... 1 is 100 years old, 1 is used by myself, and 2 others are used by people other then myself.

      --
      "Things are more moderner than before- bigger, and yet smaller- it's computers-- San Dimas High School football RULES!"
    15. Re:Tech Novice? by Basje · · Score: 1

      No, I would keep my mouth shut and let my lawyer talk.

      --
      the pun is mightier than the sword
    16. Re:Tech Novice? by aussie_a · · Score: 1

      Yeah, but people who visit slashdot aren't judges. They don't base people's guilt or innocence, depending on the type of legal case is involved in. A lot of people WILL assume innocence until they get enough facts that prove the person's guilt. It doesn't make any difference in a legal case, but it makes all the difference in a conversation between citizens.

    17. Re:Tech Novice? by emptycorp · · Score: 1

      A tech novice with 4 computers? That seems sort of unlikely. I'm not saying he's guilty, but the facts just don't seem to mesh with the description there.

      Are you kidding? I only have 3 desktops and a laptop and i've only been working with computers for over 12 years!! oh wait...

    18. Re:Tech Novice? by Anonymous Coward · · Score: 1, Funny

      That old line about Innocent until proven guilty went out with 9/11. The guy is OBIVIOUSLY a terrorist!*

      (*Editors note : The proceeding was a joke.)

    19. Re:Tech Novice? by Chrisq · · Score: 1

      A tech novice with 4 computers? Four computers in his household. Perhaps he has teen-age kids with their own computers. How many people would have a WifI system with just one computer?

    20. Re:Tech Novice? by Gravis+Zero · · Score: 2, Insightful

      I would have to say that comes from the whole "innocent until proven guilty" thing

      in the current state of the judicial system, it's guilty until proven innocent.

      --
      Anons need not reply. Questions end with a question mark.
    21. Re:Tech Novice? by Anonymous Coward · · Score: 5, Insightful

      Knowing the MPAA/RIAA and their tactics, the definition of "four computers" was probably more like:

      • His computer
      • His wireless router
      • His old Commodore 64 stuffed in storage in his garage
      • His PDA

      He should count himself lucky if they didn't take his cell phone and wristwatch.

      What I'm curious about is this: How the hell did Paramount have the police seize four of his computers? IANAL, but last time I checked, that would have required a search warrant obtained by a judge with probable cause that he commited a crime. Even assuming that they went through that trouble, it would be law enforcement officers who would investigate the computers, not Paramount. But TFA specifically says, "Paramount has looked at all four computers in Lee's home..." Hmmm...

      I figure the more likely scenario is that Paramount told the guy, "If you let us have your computers, we won't sue you." The guy, not being a lawyer and thinking that was a good deal, said, "Okay," then erased one of his hard drives, since he was at least smart enough to know that if Paramount found what they were looking for they would have sued him anyway. (Or maybe he's innocent and just didn't want them to see his downloaded porn collection; either way doesn't matter.) Then Paramount, mad, sued him anyway.

      The guy needs to go get a really lawyer pronto. Whether he's innocent or guilty, Paramount is going to do their best to screw him, and personally, even if he's guilty, I hope he comes out of this clean. Not because I think that sharing files illegally is okay, but becuase they (Paramount) are using crooked tactics that are much worse than the crimes this guy may or may not have committed.

    22. Re:Tech Novice? by Ihlosi · · Score: 2, Insightful
      A tech novice with 4 computers?



      You can have four cars and still don't know how an engine actually works ...

    23. Re:Tech Novice? by volfro · · Score: 2, Insightful
      I work at a computer repair store, and you'd be surprised at the number of people who own more than one (Windows) computer which is junked up and crapping out on them, despite having (supposedly) computer literate relatives or they themselves being somewhat literate. We're talking small business owners and families, some of whom own and network many computers, not just three or four. These are people that are technologically savvy enough to install, say, a driver, but not technologically savvy enough to protect themselves with any sort of encryption--let alone PeerGuardian or anything of the sort.

      Ironically, TFA mentions that Paramount is accusing him of the "crime" based on evidence that he wiped his drive recently. At my store, when we get Windows machines on the bench, that's usually the best option--image HD if customer so desires, wipe the HD and reinstall Windows and any programs, and restore legal data. Windows gets so junked up while these people use their computers that antivirus isn't an option, so many drives get wiped every single day.

      So it wouldn't surprise me at all if he actually does own four computers, networks them wirelessly, and has no idea what he's doing. I help people in similar situations all the time.

      I guess he's learned to secure his WiFi. Paramount has no case, and the industry continues its downward, anti-consumer spiral.

    24. Re:Tech Novice? by JWSmythe · · Score: 4, Insightful


          Nope. Don't forget the Patriot Act. You're guilty until trial, which may happen at an undetermined time, without a lawyer, in a closed court of the government's choosing. If the government things you did something against it, you'll find yourself rotting in Southeast Cuba, or any number of non-existant prisons in countries where they'll ignore the happenings of non-existant front companies who happen to own prisons in remote areas.

          [knock][knock]

          Who's at my door?

      --
      Serious? Seriousness is well above my pay grade.
    25. Re:Tech Novice? by JWSmythe · · Score: 1


          Are you sure it was a joke? :)

          But ya, he's safe from that, until they find an encrypted file, which is obvious proof that he was doing something subversive.

      --
      Serious? Seriousness is well above my pay grade.
    26. Re:Tech Novice? by JWSmythe · · Score: 1


          Imagine a beowulf cluster of those. :)

      --
      Serious? Seriousness is well above my pay grade.
    27. Re:Tech Novice? by JWSmythe · · Score: 1

      Lots of people do. Many DSL routers come with wifi. Some people buy firewalls with wifi, just because it's more expensive. Everyone knows, things that are more expensive are better, right? :)

      --
      Serious? Seriousness is well above my pay grade.
    28. Re:Tech Novice? by xs650 · · Score: 1

      I'm a tech novice with 2 notebook computers, one active desktop and two more fully functional desktop computers in my house. 3 of the 5 computers are used daily online. One of the unused ones will be set up in my home shop soon.

      Computers are just appliances these days.

      I know several other people with a notebook, a newish desktop and an older desktop in another location in their house.

    29. Re:Tech Novice? by Anonymous Coward · · Score: 0

      Ditto. Its not in the least uncommon and in some ways akin to the car on blocks in the yard syndrome. People will pick up an incredible assortment of computers or computer gear or something that just resembles ( to them ) a computer and bring it to me to straighten out. Got to love the customer that shows up with a 286 and a copy of XP upgrade who wants me to install a cdrom so they can upgrade the Windows 3.0 on it.

      One woman keeps 7 computers at her place, one for the husband, one for her and a Mac and a pc for the daughter, the other three are in a closet, one backup for her, one for her husband and the husband's old computer with his online relationship recorded on it in case she ever wants a divorce. She has no real evidence that the online relationship ever occurred, but she read about such things in a magazine and is convinced the records can be found on his old pc.

      I have been paid with meals, beer, bottles of assorted liquor, car repairs, air conditionioning repair, spare parts, and one good looking young lady even made an interesting offer for some additional RAM in her computer. All she wanted was 2 8MB strips of EDO for her old Pentium but I turned her down. I had met her crazy redneck husband before and didn't care for the idea that he might find out.

      Most of these people that download MP3s don't see it as any different from when they recorded music off the radio onto cassettes as kids except that it is a lot easier. Mostly they just want computers for solitaire, email and chat. Oh yeah, and porn.

    30. Re:Tech Novice? by Pofy · · Score: 2, Funny

      >A tech novice with 4 computers?

      No, no, no! He just had a very fast processor. That would then be the *equivalency* of 4 computers. You must learn the correct mathematics.

    31. Re:Tech Novice? by hachete · · Score: 1

      yeah, some "found objects" as in look "I found these ripped movies on my machine"

      --
      Patriotism is a virtue of the vicious
    32. Re:Tech Novice? by FhnuZoag · · Score: 1

      A tech novice with 4 computers? That seems sort of unlikely. I'm not saying he's guilty, but the facts just don't seem to mesh with the description there.

      Maybe he broke the first 3.

    33. Re:Tech Novice? by crutchman · · Score: 1

      Just remember: Civil Lawsuit. He doesn't have to be PROVEN guilty, the judge or jury just has to have a reasonable belief that he commited the crime. Remember OJ? Was found Not Guilty in the murder trial, but lost lots of $$$$$$$$$$$$$$$ in the civil wrongful death lawsuit. They couldn't prove to the criminal jury that he was guilty beyond reasonable doubt, but in the civil lawsuit, they basically proved that there was a high likelyhood he was involved in the deaths.

    34. Re:Tech Novice? by rk · · Score: 4, Funny

      They found a file with "12345" in it, which is the combination to the President' luggage. So, he's busted.

    35. Re:Tech Novice? by dswan69 · · Score: 1

      I don't know where you live, but here you don't have to prove competence to own more than one computer.

    36. Re:Tech Novice? by mrjb · · Score: 1

      OK, so "innocent until proven guilty" applies only in criminal cases. As the guy isn't a criminal (until proven), isn't it an invasion of privacy to raid him without evidence?

      --
      Visit http://ringbreak.dnd.utwente.nl/~mrjb/growingbettersoftware to download your free copy of the book
    37. Re:Tech Novice? by zotz · · Score: 2, Interesting

      So, why is a person's house raided for a civil case?

      Is it that it is potentially criminal, so they raid on the criminal angle, then it is easier to punish by the civil route so they sue on the civil angle?

      all the best,

      drew
      ---
      http://www.ourmedia.org/node/111123
      Tings - A CC BY-SA NaNoWriMo 2005 winning novel.

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    38. Re:Tech Novice? by smchris · · Score: 5, Insightful

      Trust me. I know a couple guys with a bunch of computers each I wouldn't trust around any of my machines if they were on fire. I figure it is the modern equivalent to having several cars on blocks in front of your trailer home.

      I think the moral here is that the argument/alibi for excusable irresponsibility because the network was unsecured probably isn't working so well.

    39. Re:Tech Novice? by Lectrik · · Score: 1

      Bah, you beat me to it.
      I bet they're counting each multiple of 400 MHz as a seperate computer.

      Totally Unrealted:
      3 years ago I was told that I should upgrade my computer because the current FSB had a faster clock speed than the CPU. That computer (lovingly named Pavlov) now ticks away in another room serving the home network which includes Laika and Gaspode along with some district issued laptop (there's a teacher in the house) with a gibber-speak ident that we're not allowed to change. I'd much rather give it a dog related name though.

      --
      --- As to make my comment seem, by comparison, more intelegent... doodie doodie doodie poop poop poop!
    40. Re:Tech Novice? by ZiakII · · Score: 1

      A tech novice with 4 computers?

      My mother has 4 computers in her house (granted 2 of them *was* mine at one time). Two desktops are hers, 1 laptop is hers, and 1 is my brother. So just because someone has 4 computers do not prove anything and btw my mother can't even install flash, she can check her e-mail and use Office that's about it.

    41. Re:Tech Novice? by geminidomino · · Score: 1

      Ok, I'm not a big fan of Politicians either, but I come on. Deliberately leaving out the name is pretty much the same as comparing Scroob to the Shrub.

      Maybe he tried to steal their air, but he's not THAT bad.

    42. Re:Tech Novice? by Bin_jammin · · Score: 3, Funny

      Brother, you ain't kidding. I just got paid with a kitten. It has extra toes.

    43. Re:Tech Novice? by Anonymous Coward · · Score: 0

      In my computer room/study I have 5 machines. A P120 Windows 95 checkbook/old photos/Lotus123/Wordperfect/MSOffice95 PC, PII-500 W98SE Game PC, two P150 laptops (not used currently) and a P4-2.8ghz Internet Laptop (my main PC). So 4 pc's is not unreasonable.

      I also have about 20 machines in the basement varying from 8088's to early pentiums that still work, I believe. Only a few monitors. I haven't powered them on in in years. The wife wishes some police agency would stop by and cart them away from the basement. She does not allow friend's to give us older machines anymore. Someday, when I'm not busy, I'll cart them up the stairs and take them to the recycling center, someday....

    44. Re:Tech Novice? by Anonymous Coward · · Score: 0

      i dont download anything illegally from anywhere, but why would, given file sharing application's recent history with big business cracking down on it, would ANYONE still use these programs to download or upload things?!? i've seen all this stuff lying around on other means which is SO much more secure of a download and faster.

    45. Re:Tech Novice? by fjf33 · · Score: 1

      I think that is possible. A girl that studies with me has 3 laptops and a desktop. She has that many laptops because after having them for about a year they would slow down to much and she would buy a new one. She finally got one with enough protection off the shelf that she hasn't being infected with anything yet. Is that novice enough for you?

    46. Re:Tech Novice? by drasfr · · Score: 1

      Hey. I would agree with this. I have been keeping all the old junk and buying some useless ones... Doesn't mean a thing. I probably have about 6 or 7 computers home. Only 3 that are plugged and that I use on a regular basis: My Linux Firewall, my Linux fileserver, and my W***** desktop! All the others are not even plugged! Oh yes, I have a mac mini, but not using it... too slow compared to my dual core P4.

      Gotta love all those machines stacking around and wasting space... makes nice furniture or seats when guests come around, especially this big heavy iron tower!

    47. Re:Tech Novice? by Anonymous Coward · · Score: 5, Insightful

      Curious really, as you can't haul in the householder for murder because someone in "that house" killed someone... The law demands proof that the specific person did the specific crime. In fact there have been cases that have collapsed because 2 suspects both pointed to each other, and no proof could be found to nail it to one or the other.

      Amazing how the law bends when huge corporations are involved...

      Welcome to the land of the free and the home of the paranoid!

    48. Re:Tech Novice? by bedroll · · Score: 1
      What I'm curious about is this: How the hell did Paramount have the police seize four of his computers? IANAL, but last time I checked, that would have required a search warrant obtained by a judge with probable cause that he commited a crime. Even assuming that they went through that trouble, it would be law enforcement officers who would investigate the computers, not Paramount. But TFA specifically says, "Paramount has looked at all four computers in Lee's home..." Hmmm...

      IANAL either, but as I recall they can't use the DMCA to demand identities anymore. That means that they had to file a John Doe lawsuit, get a subpoena to find out the guys identity from his carrier, and then bring him into the case. By that time I would imagine a warrant to search the computers is trivial.

      As for the wording about Paramount looking at his computers, I would assume that this was done after they were entered as evidence. I would also assume that it was probably done by an independent security expert in the presence of Paramount and the authorities. They would need to be very careful with how they did it or their entire case against the guy would be blown due to the potential claim of mishandled evidence.

      I figure the more likely scenario is that Paramount told the guy, "If you let us have your computers, we won't sue you." The guy, not being a lawyer and thinking that was a good deal, said, "Okay," then erased one of his hard drives, since he was at least smart enough to know that if Paramount found what they were looking for they would have sued him anyway. (Or maybe he's innocent and just didn't want them to see his downloaded porn collection; either way doesn't matter.) Then Paramount, mad, sued him anyway.

      People stupid enough to hand over their computers on such a verbal contract deserve to be sued out of existence. If that is the case then the only reason why I'd pull for the guy is because I don't want this case to set a precedent that people are responsible for open wifi connections. Eventually I'd like to see people held accountable, but for right now I think it's impractical and dangerous to do so.

      The guy needs to go get a really lawyer pronto. Whether he's innocent or guilty, Paramount is going to do their best to screw him, and personally, even if he's guilty, I hope he comes out of this clean. Not because I think that sharing files illegally is okay, but becuase they (Paramount) are using crooked tactics that are much worse than the crimes this guy may or may not have committed.

      We don't know what tactics Paramount is using. Heck, that incredibly short article doesn't even mention whether the guy has a lawyer or not, so we don't even know that. How can you draw such conclusions? In the picture you paint, this guy is really dumb and I couldn't care less if her were punished so long as it doesn't set bad precedent.

    49. Re:Tech Novice? by CristalShandaLear · · Score: 1

      LOL. I just realized I "have" four computers. 2 pc's running Win 98, 1 running ME (my mother's) and a McIntosh my mother brought home when she retired from teaching after 32 years. We play Yahtzee on the McIntosh.

    50. Re:Tech Novice? by Maxo-Texas · · Score: 1

      Oh, your the person I had to argue with the last time I was on a jury.

      She kept saying, "But the defense hasn't PROVED that he's innocent so he should go to jail."

      The rest of us were aghast and said, "Lady, this isn't france, the prosecution has to PROVE he's guilty here. If there is a reasonable doubt of his guilt, then he is innocent!"

      However, perhaps you are from a country where guilt is presumed. The defendent in this case appears to be in america.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    51. Re:Tech Novice? by Gilmoure · · Score: 1

      Can I have your Mac Mini? Would be a great replacement for my daughter's 600MHz iMac.

      --
      I drank what? -- Socrates
    52. Re:Tech Novice? by orim · · Score: 1

      Yeah, you only have to do that if you're on a jury. If not, you're free to assume whatever you want. Like, yeah, OJ probably did kill Nicole, and yeah, Michael Jackson is an aging pervert who likes to molest boys.

      I'm pretty sure I'm correct on both counts. Not only am I assuming they're guilty, I'm maintaining they're guilty after they were pronounced innocent of these charges. See how that works? It's called common "just look at 'em" sense.

      --
      "If you could only see what I've seen with your eyes..." - Roy Batty
    53. Re:Tech Novice? by Matt+Perry · · Score: 1
      I find it bizarre that you would assume he is guilty. What ever happened to "Innocent until proven guilty"? If he is guilty, let the evidence speak to that fact. The burden should be on the prosecution to prove that he in fact did commit the crime.
      This is the new America, don't you know? That "innocent until proven guilty" works for defendants that can afford it.
      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    54. Re:Tech Novice? by Matt+Perry · · Score: 1
      I find it bizarre that you would assume he is guilty. What ever happened to "Innocent until proven guilty"? If he is guilty, let the evidence speak to that fact. The burden should be on the prosecution to prove that he in fact did commit the crime.
      This is the new America, don't you know? That "innocent until proven guilty" works for defendants that can afford it. Paramount has enough lawyers and money to bury this guy whether he's really guilty or not. He could easily blow his life savings just trying to defend himself. Even if he comes out on top he could end up financially ruined. Then he'd end up spending even more money to attempt to reclaim court costs. For people in this situation the risk is so great that it's usually easier to try and settle out of court. Look at the RIAA suits for examples.

      (oops, hit submit instead of preview on the other post. sorry)

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    55. Re:Tech Novice? by iKitten · · Score: 1

      I'm a former programming major (dropped out to pursue a major in law enforcement) and I've got 2 working machines of various origin and OS, a laptop, and 3 other machines that I'm actively "working on", not counting the stuff I have or haven't gotten rid of over the years, yet I wouldn't characterize myself as anything other than a novice.

    56. Re:Tech Novice? by Reliant-1864 · · Score: 5, Insightful

      You're talking about criminal court, where there has to be "beyond a reasonable doubt". This case is in civil court, which is just a "preponderance of the evidence". I think this one will go in favor of the defendant, the only evidence Paramount has is the IP address, which can easily be shown on unsecure wireless to be very unreliable for accuracy. They couldn't find any corroborating evidence on the computers. Paramount should have dropped it, bet you it's just lawyers wanting to get a paycheck for pursuing a case

      --
      The universe is held together with duct tape and karma. What goes around, comes around, and gets stuck to your forehead.
    57. Re:Tech Novice? by Anonymous Coward · · Score: 0

      And coincidently, the password to the nuclear 'football' as well.

    58. Re:Tech Novice? by Anonymous Coward · · Score: 0

      If it's a civil case, how were the police able to seize his computers?

    59. Re:Tech Novice? by bearfx1 · · Score: 1

      Having four computers in his house means absolutely nothing.

      My father, a disabled 50 y/o construction worker, has five computers in his living room. Why does he have so many? Because he plays Everquest. Any time I go visit him, he is sitting in front of a computer while playing Everquest on three computers simultaneously, and my younger brother and sister are usually playing right beside him.

      He has managed to network all five computers, and using the Windows Internet Connection Sharing to provide Internet access to his network, but if you asked him how he secures his computers and his network, he would merely answer that he runs AV software and Spybot SD. He does not even understand the difference between a DVD-Rom and CD-Rom.

      If he were to purchase a NAT router, he would undoubtedly purchase a wireless one (despite not using wireless). Said router would remain in it's default configuration until I fixed it.

      Is this guy guilty? Only he knows. Is his story plausible? Certainly. More than one person has questioned why someone would wardrive to share a movie, but that doesn't have to be the case. It could easily be one of his neighbors, who, picking up his wireless signal, chose to use it rather than paying for his own connection.

    60. Re:Tech Novice? by AeroIllini · · Score: 1

      I find it bizarre that you would assume he is guilty. What ever happened to "Innocent until proven guilty"?

      Unfortunately for "Ohio Man", this is a civil case, not a criminal case. In such instances, the concept of "innocent until proven guilty" is a little de-emphasized. The prosecution does not need to convince anyone "without a shadow of a doubt", they only need to show a "preponderance of evidence", which I take to mean that if the judge is 51% conviced he's guilty, then he is. Any lawyers present may want to clarify.

      I realize, of course, that this does not violate the *spirit* of "innocent until proven guilty", but given the state of the civil courts in this country, it doesn't seem to be a concept that is emphasized very heavily. At the very least, this guy will settle out of court to avoid the legal battle, because his chances of winning are very slim. I don't condone what he (allegedly) did, but it does seem like he doesn't have much recourse even if he IS innocent.

      --
      For security, the MD5 hash of this message and sig is 09f911029d74e35bd84156c5635688c0.
    61. Re:Tech Novice? by whoisjoe · · Score: 1

      I have 6 computers. I don't know how to hijack someone's machine to do something like that.

    62. Re:Tech Novice? by Cunjo · · Score: 1

      I've seen some pretty wide definitions of the word 'novice', and I've had 6+ computer since I first discovered DOS in the fourth grade... I wouldn't rule it out.

      --
      "Those who think they know everything are of great annoyance to those of us who do." - Isaac Asimov
    63. Re:Tech Novice? by vertinox · · Score: 1

      I figure the more likely scenario is that Paramount told the guy, "If you let us have your computers, we won't sue you." The guy, not being a lawyer and thinking that was a good deal, said, "Okay,"

      Reminds of something I was reading while I was proof reading my friends paper (she is a lawschool student) and it was about how 80% of our states searches and seizures are not done through warrants. Out of those it was 10% probable cause (the police suspect something is going on), 1% of that with immediate threat (like the police witness the crime or the crime was in progress), and the rest was consent in which the police knocked and asked if they could come in and the person said yes which waives their rights.

      Her paper goes on to discuss the issues over how much consent is needed before you waive your rights to a warrant. She's not a lawyer yet so take that as a grain of salt and the figures may not be exact, but I thought it was interesting since I didn't realize the high number of searches and seizures without warrants (at least in our state).

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    64. Re:Tech Novice? by KarmaMB84 · · Score: 1

      Because last time I checked Paramount doesn't have a private police force that can seize stuff under court order...

    65. Re:Tech Novice? by OwnedByTwoCats · · Score: 1

      It would be an even better replacement for my 400 MHz Lime Green iMac.

    66. Re:Tech Novice? by bemenaker · · Score: 1
      Hey, I live really close to where that guy that was charged lives. I can tell you, that for a complete computer moron in to have multiple PC's in their house, isn't uncommon in that area.

      Ever heard the term, "More money than brains?"

      Very accurate for 90% of the people that live in that neighborhood.

    67. Re:Tech Novice? by ChrisA90278 · · Score: 1

      It happens a lot. Someone who knows very little about computers or software thinks "If I just buy one more gadget or one ome program then I can do XXX" Same with people who don't understand how to fish "I I can only get that extrat fancy reel then I'll catch fish". Or the wantabe photographer who thinks if only he had a better camera he could take beter pictures. I reality a true artist could take carcal from the backyard BBQ and draw on sidewalk something that others might like while tho wantabe artist has a closet of supplies and produces junk.

    68. Re:Tech Novice? by thatguywhoiam · · Score: 1
      Nope. Don't forget the Patriot Act. You're guilty until trial, which may happen at an undetermined time, without a lawyer, in a closed court of the government's choosing.

      This bears repeating, every damn day, until its not true anymore.

      --
      If Jesus wants me it knows where to find me.
    69. Re:Tech Novice? by blair1q · · Score: 1

      Call your Senators.

      They're trying to keep it true, forever, at the behest of the White House:

      http://news.yahoo.com/s/ap/20051214/ap_on_go_pr_wh /patriot_act

    70. Re:Tech Novice? by necro2607 · · Score: 1

      "the facts just don't seem to mesh with the description there."

      What "facts"? We don't know shit about the story, as is the usual for any news article. You mean "the one easily-disputable 'fact' doesn't mesh well with the guy's alleged description of himself"? ...

    71. Re:Tech Novice? by modecx · · Score: 1

      My dad keeps all sorts of old machines around, and he's about as novice as anyone. My 85 year old grandma is better with computers than he is, even if she's going blind. Seriously. She loves to get on chatrooms and rag on Bush.

      It's not unreasonable for a noob to have many computers, especially if they just can't throw or give anything away. He's got about seven by my last count, three are networked (that's my fault) but four haven't been used in ages. He's so bad that I had to network at least two, because he likes to use one for his business invoicing, and the other for the usual stuff. The other one was running and had a NIC, and so...what the hell? It gets used as hot backup for his desktop/email machine, because he loves to download viruses.

      *sigh* I often wish I never met a computer.

      --
      Constitutional rights may be respected, repealed, or modified; but they must never be ignored.
    72. Re:Tech Novice? by cayenne8 · · Score: 1
      "A tech novice with 4 computers?"

      I don't think that sounds strange. New computers are getting to be a dime a dozen these days...and if someone just likes to play or wants to learn...older boxes can be picked up for virtualy nothing.

      Not to mention...people upgrade over time...My parents aren't tech wizards..but, easily have 4-5 computers laying around from the past few years.

      The days of 1 or more computers in a home being a 'big deal' are long gone...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    73. Re:Tech Novice? by EvilBudMan · · Score: 1

      --This case is in civil court, which is just a "preponderance of the evidence". I think this one will go in favor of the defendant--

      Which begs the question of how the police should be involved if it is just a civil case?

    74. Re:Tech Novice? by bugg · · Score: 0
      --
      -bugg
    75. Re:Tech Novice? by Error+of+Ruto · · Score: 1

      But you can hold an institution liable if they are negligent in their security, someone breaks in, and hurts a resident. Your metaphor is good, but not quite right.

    76. Re:Tech Novice? by EvilBudMan · · Score: 1

      I'm not assuming. That makes and Ass out of U and Me. ASSUME.

      Seriously, why then would law enforcement get a search warrant or become involved at all in a civil matter? Did this man break a commit a crime? I don't think it is clear to me one way or another from the story I read.

    77. Re:Tech Novice? by PhYrE2k2 · · Score: 1

      Take my Mother for example.

      At her house:
        - one in the kitchen
        - one in an office/study
      At work:
        - one at work

      That's three. Add a child into that household and you're up to four. Give her a second job and we're up to 5. Add a linux router their neighbour may ahve set up and you're up to 6.

      It really doesn't specify who's computers or where they were located. It's very reasonable to have many computers these days. Often a laptop for working abroad is not uncommon.

      An idiot who knows only how to use outlook can still use it on 4PCs just the same.

      -M

      --

      when you see the word 'Linux', drink!
    78. Re:Tech Novice? by AnotherBlackHat · · Score: 2, Insightful


        No it doesn't.


      "begs the question" has more than one meaning.
      Get over it.

    79. Re:Tech Novice? by gstoddart · · Score: 1
      You're talking about criminal court, where there has to be "beyond a reasonable doubt". This case is in civil court, which is just a "preponderance of the evidence". I think this one will go in favor of the defendant, the only evidence Paramount has is the IP address, which can easily be shown on unsecure wireless to be very unreliable for accuracy.

      But this is more like civil-court++

      Not everyone who would file under civil court has the ability to force 3rd party co-operation, subpoena information, or send legally threatening letters until such time as they've been in court.

      The *AA's have managed to get themselves exceptions which take what they can do well beyond simple civil matters, and they almost seem to have their own enforcement powers for warrant serving.

      Nobody else could pursue civil matters so aggressively (or aggregiously) on their own. As I said, they've almost created a middle layer of the legal system.; and given themselves special status in that context.
      --
      Lost at C:>. Found at C.
    80. Re:Tech Novice? by damiam · · Score: 1

      That's one meaning of "begs the question". Another, equally valid, meaning is as a shortening of "begs us to ask the question".

      --
      It's hard to be religious when certain people are never incinerated by bolts of lightning.
    81. Re:Tech Novice? by dimension6 · · Score: 1

      Well, at least MY senator voted against it (except for the other one!)...

    82. Re:Tech Novice? by Hosiah · · Score: 1
      A tech novice with 4 computers? That seems sort of unlikely. I'm not saying he's guilty, but the facts just don't seem to mesh with the description there.

      Yeah, a tech novice with 4 computers. Tech novices acquire computers at an incredibly fast rate, since their cycle is (1) buy MS-loaded machine (2) get viruses (3) get tired of it and decide it's "worn out" and needs to be replaced. I personally know several fools who own about a *dozen* machines...eleven are in a pile in the basement, the twelvth plugged in and blue-screening.

      Thanks for adding to the hacker witchhunt by throwing suspicion on somebody just because of what they own. Does this make you a witch if you have more than three moles?

    83. Re:Tech Novice? by sparkz · · Score: 1

      Oh come on, he can't count that high. It's 12321

      --
      Author, Shell Scripting : Expert Re
    84. Re:Tech Novice? by Dashing+Leech · · Score: 1

      I still think I'd keep my 486DX2/66, P90, PII 233, PIII 400, and PIII 800.

    85. Re:Tech Novice? by Kirth+Gersen · · Score: 1

      > the only evidence Paramount has is the IP address

      Hmmm. You know, most domestic traffic these days is filesharing. So if the source is *inside* the ISP's network, the ISP pays zero peering fees. So if the ISP sets up *their own* leechable IPs, they save thousands, maybe millions of dollars...

      It might look a little fishy in their logs if all the traffic comes from IPs which don't belong to subscribers, so they probably reuse subscriber IPs when possible.

      I suggest a Slashdot poll: if you use filesharing, what fraction of your downloads comes from inside your ISP's network? Hmmm?

    86. Re:Tech Novice? by gronofer · · Score: 1

      Status for themselves, or status for all copyright holders? How is the law written exactly?

    87. Re:Tech Novice? by herbierobinson · · Score: 1
      the only evidence Paramount has is the IP address, which can easily be shown on unsecure wireless to be very unreliable for accuracy

      So they'll sue him for damages under the same logic that applies to unfenced swimming pools...
      --
      An engineer who ran for Congress. http://herbrobinson.us
  2. Slick Film Pirate... by Cruithne · · Score: 5, Funny

    ... what, like Johnny Dep?

    1. Re:Slick Film Pirate... by andrew_j_w · · Score: 1

      Arrr, some slick pirate has stolen my 'p'!

      - Johnny Depp

    2. Re:Slick Film Pirate... by kidcharles · · Score: 1

      ...or an unwitting victim of someone who fits that description.

      Keith Richards?

      --
      Ceci n'est pas une sig.
    3. Re:Slick Film Pirate... by smithmc · · Score: 1


      Feh. Graham Chapman would've eaten Johnny Depp for breakfast. Arrrr!

      --
      Downmodding is the refuge of the weak. Don't downmod, make a better argument!
  3. Indeed... by Sensible+Clod · · Score: 4, Insightful

    either a slick film pirate or an unwitting victim of someone who fits that description

    Which is of course why these kinds of tactics don't, and won't, work in the long run. All the unwitting victims just net you bad publicity, while the slick file pirates just sit and laugh.

    --

    The difference between spam and poop is that you don't have to dig through septic tanks looking for real food. -- Me
    1. Re:Indeed... by Mhtsos · · Score: 1

      [i]while the slick file pirates just sit and laugh.[/i]
      and what's more, when they laugh they go "Haar har haarrr".

    2. Re:Indeed... by dchallender · · Score: 1

      As the "proper" pirates are the ones who burn copies of DVD, CD etc, produce suitable artwork and then sell it for profit. Yet there seems a singular lack of success in going after these people (who in many cases do it on a vast scale). Yet excessive time and effort seems to be spent on "little people" and with very little evidence that the accused have actually done anything wrong. Priorities a bit wrong I would have thought.

    3. Re:Indeed... by Aldric · · Score: 1

      That's because a lot of that is organised crime. People investigating organised crime tend to be killed. Much easier to chase (more or less) innocent people.

    4. Re:Indeed... by Anonymous Coward · · Score: 0

      Which is of course why these kinds of tactics don't, and won't, work in the long run. All the unwitting victims just net you bad publicity, while the slick file pirates just sit and laugh.

      LOLOMGZBBQ!2!

  4. The first test of my theory by Blahbooboo3 · · Score: 3, Interesting

    It will be interesting if his arguement holds up, as I always thought this might be a good defense for people who do this sort of activity --- keep your wireless networks wide open and claim that it wasn't you but someone who snuck on your network.

    1. Re:The first test of my theory by B3ryllium · · Score: 1

      With logging in the default state, of course.

      That is to say, OFF. :)

    2. Re:The first test of my theory by yoarch57 · · Score: 1

      Unless RIAA can pin you down with more credible evidence than an IP address/MAC address, how can they prove anything? Furthermore, maybe those of us with older wireless gear (WEP w/ no WPA) can start to point the finger of blame at Linksys, Netgear, or whomever. If these companies don't supply us with the means to adequately protect our personal networks, how can we be responsible for them? My "best efforts" of applying WEP is easily circumvented by the determined wardrviers and neighbors.

    3. Re:The first test of my theory by ichin4 · · Score: 1

      I believe this is a civil, not a criminal case. So the standard of proof is not "beyond a reasonable doubt", but only "by the preponderance of the evidence".

      Suppose a court finds that the film was uploaded from his IP address (and he wiped a machine at a suspicious time). Then even though it's concievable that he's just the victim of a drive-by uploader (and the drive-wiping was pure coincidence), a court is likely to find it more propable that he's the uploader (and was trying to cover his tracks). It would then rule in favor of Paramount.

    4. Re:The first test of my theory by aussie_a · · Score: 1

      Furthermore, maybe those of us with older wireless gear (WEP w/ no WPA) can start to point the finger of blame at Linksys, Netgear, or whomever. If these companies don't supply us with the means to adequately protect our personal networks, how can we be responsible for them?

      I really don't think that should be necessary. Why should I be held responsible for people coming into my home (without my knowledge) and use my DVD burner to pirate DVDs (again without my knowledge)? If I am legally responsible, then it just goes to show that the legal system is at a very sorry state, and I fear for those minority who don't lock their back door (believe it or not. People do do this).

    5. Re:The first test of my theory by Wisgary · · Score: 0

      So when he's the uploader it's easier to make props?

    6. Re:The first test of my theory by DeafByBeheading · · Score: 2, Insightful

      Also, considering some wireless cards have no official Linux support, and the unofficial open-source projects to write drivers don't offer WPA yet, we could use this to push for better official Linux support: "I'm sorry, Your Honor, I couldn't run a secure network because Texas Instruments won't release Linux drivers and the drivers reverse-engineered by volunteers can't quite do WPA yet". Of course, the likely response would be, "Wait, did you just say 'reverse-eningeered'? I'd better pull out the DMCA and pile on some more charges."

      --
      Telltale Games: Bone, Sam and Max
    7. Re:The first test of my theory by Detritus · · Score: 1
      That sounds like the legal equivalent of "Shoot 'em all and let God sort them out".

      I hope that a Jury will not vote against the defendant on the basis that the probability is greater than 0.5 that he uploaded the movie. A huge statutory civil judgement can ruin someone's life.

      --
      Mea navis aericumbens anguillis abundat
    8. Re:The first test of my theory by steve_l · · Score: 1

      As someone who keeps their network wide open (it stops you being complacent about per-machine firewalls and intra-box protocol), i'm interested too.

      One thing is that there is that ongoing work about machine fingerprinting based on random numbers in TCP sequences, clock skew, etc. Even behind a NAT system, it is likely that you are exposing some unique machine information. Enough that with the machines in your possession, they can say "this is the machine that did it". Of course, if their experiments dont show a match, they probably are not going to mention it.

      Another point: given how insecure WEP encryption is, having a WEP-enabled WAP is effectively having an open WLAN, except you are pretending that it is somehow locked down. If you are liable for any downloads that happen on your lan, then you should not connect any WEP WLAN AP to the network.

    9. Re:The first test of my theory by bcattwoo · · Score: 1
      Also, considering some wireless cards have no official Linux support, and the unofficial open-source projects to write drivers don't offer WPA yet, we could use this to push for better official Linux support.

      Conversely, it could be used to push for not using Linux at all. While it would be nice for the wireless card makers to offer offical Linux support, they are hardly obliged to make them work properly under any OS other than the ones they claim to support on the outside of the box.

    10. Re:The first test of my theory by Anonymous Coward · · Score: 0

      Just because they find a body in my dumpster and I happen to wash my clothes and change the carpet doesn't mean I killed her, or put the body there. I think most jurors would agree too, until they could put me at the scene of the crime of either the murder or the disposal of the body, they don't have a case.

      I use the plausable deniability approach as well, leave the wi-fi open, on a separate DMZ of course. I don't lock my dumpster, why should I lock my Wi-fi? I don't download stuff, but with the **AA just throwing lawsuits around I want to make sure I have an out in case one comes my way.

      As for wiping the the HD, I don't care who asks for my HD or what I have on it, they don't need to know, I would wipe it too. Everything from credit card info, to passwords, to SS#, to bank account information could be on there, and I don't want to trust some stupid computer tech at Paramount not to do something carelss with it. Plus I worked hard for that porn collection, they can't have the ease of just copying it from me.

    11. Re:The first test of my theory by Anonymous Coward · · Score: 0

      The asses(**AA) are currently going after uploaders, not downloaders.

      A WEP enabled WLAN is more an effort to keep the law enforcement "honest", than to possibly dodge liability using the "it wasn't me" defense. No peeky at my wireless network without a warrent. Wide open wireless network = public network, which means "they" don't need a warrent to connect and look around.

      The WEP encryption is like the encryption on DVDs, it isn't really a technical barrier... its more of a legal barrier.

    12. Re:The first test of my theory by tompaulco · · Score: 1

      Well, I have discovered that I am legally responsible if someone enters my home and allegedly dials a Sports pay per minute hotline number without my knowledge. At the time I was single and none of the two friends that may or may not have been visiting me on that particular day admitted to calling. The Sports Hotline said, "well, maybe you dialed our 800 sports number and then chose the option to transfer to one of the pay lines." Yes, that seems plausible considering how little interest I have in sports of any kind.
      I think the Sports Hotline was just scamming me, but in the good ole USA, the burden of proof is on the accused and you are guilty until proven not guilty (you can't be proven innocent, only that you probably did it, but they can't prove it).

      --
      If you are not allowed to question your government then the government has answered your question.
  5. Another reason for using WPA wireless by dananderson · · Score: 1

    Disregarding whether the man actually uploaded or a drive-by uploaded, it's another reason to secure your wireless connection (preferably with WPA, not with (broken WEP)).

    1. Re:Another reason for using WPA wireless by DigiShaman · · Score: 1

      I had one customer that kept getting his roadrunner account disabled. He swore up/down that he checked his PC with McAfee and Norton the first time and didn't detect anything. The second time me formatted and reinstalled XP. After two times in a row in less than a week, I decided to ask the customer if he has a wireless router and he said "yes". Being that he lives in an appartment complex, I told him to disconnect that router and only have one PC connected untill he can learn how to enable WEp on his router.

      After this conversation with this customer, I haven't heard back from anything regarding him being disabled again. I suspect one of his neighbors was connecting wirelessly to his router and blowing viri crap down his pipe...thus him getting the blame.

      --
      Life is not for the lazy.
    2. Re:Another reason for using WPA wireless by dlZ · · Score: 1

      I had a client who had the same situation with RR. I ended up making a house call when they said they had wireless and 4 computers, but no idea how to virus scan. When I got there, they had 4 Macs and an unsecured network. When I turned on my notebook, it immediatly found two networks both called Linksys... The neighbor also had wireless, but had been connected to their router instead of his own. I disabled wireless (they didn't even need it) and the problem went away. On another note, the neighbor had WEP enabled on his, and I have a feeling they didn't actually know how it worked, and just connected to the one that got them to the web.

      --
      rm -rf ./evidence @ punkcomp
  6. Plausible deniability by yo5oy · · Score: 4, Interesting

    Just another reason to have an open/unsecured wap on your network so you can have plausible deniability.

    dupe, dump, deny, and divide.

    --
    a slut did tulsa
    1. Re:Plausible deniability by NanoGator · · Score: 1

      "Just another reason to have an open/unsecured wap on your network so you can have plausible deniability."

      Would that even work? Suppose I leave my apartment unlocked and some drug dealers leave a stash there, then I'm busted with it. Plausible deniability?

      (Note: Yes, this is a very inadequate example. No problemo. I'm still curious what would happen, so it's not a total loss...)

      --
      "Derp de derp."
    2. Re:Plausible deniability by cpt+kangarooski · · Score: 5, Interesting

      There really is no such concept in civil copyright infringement cases. Remember, the standard of proof is a preponderance of the evidence. So long as it is even slightly more likely than not that the person with the WAP did it, as opposed to some mysterious other person, that is sufficient proof that he did do it. It's criminal trials prosecuted by the government that use the higher standard of beyond a reasonable doubt. That is not the standard used here.

      Additionally, courts are aware that defendants may engage in behavior, knowing what the outcome is likely to be. Willful blindness, such as you suggest, is pretty obvious and does not help people get off the hook.

      It's possible that you are thinking of the legal system as a mechanism that is not intelligent, and can be gotten around through cleverness. That is not the case. People are involved in the system at every step, and often they are more clever than you, and have a dim view of amateurs trying to manipulate them. Basically, if you would see through such a ploy, or if you think other intelligent people would, you should expect that your opponents in a legal battle would.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:Plausible deniability by Anonymous Coward · · Score: 0

      In legal terms, here's how you can tell if you're in trouble. Plug the X,Y,Z coordinates of the drug stash into the plane equation of each side of a cube enclosing your apartment walls (Ax+By+Cz-D=0).

      If the sign of the D-coefficient is the same for all six sides, you're hosed.

      In plain English, the fact that your WiFi signal penetrates the apartment walls is what will make all the difference. Nobody can convict you of anything if you have an open access point.

    4. Re:Plausible deniability by DigiShaman · · Score: 1

      Oh cool! So I could drive by up to my ex-girlfriends house and download kiddieporn using THEIR open wireless router KNOWING NOW that THEY would get BUSTED.

      Awsome, now I can use the legal system to fuck them over.

      Seriously, I would never do such a thing. But I'm trying to present a flaw in your point of view.

      --
      Life is not for the lazy.
    5. Re:Plausible deniability by Anonymous Coward · · Score: 1, Insightful

      Willful blindness, such as you suggest, is pretty obvious and does not help people get off the hook.

      Not even remotely true. Are you trying to tell me that the courts expect Joe Sixpack and Jane Boxwine to understand the civil and criminal implications of buying a Linksys router at Best Buy and just plugging it in?

      With halfway-competent defense, no judge or jury on planet Earth would hand down a guilty verdict in a trial where the defendant was using an open access point. Civil, criminal, I don't care.

    6. Re:Plausible deniability by cpt+kangarooski · · Score: 1

      No, that's a situation where it would be a criminal matter, and the higher standard would apply. In any case, my post was not about my point of view -- it was about the reality of how these civil copyright cases work. Perhaps there is a flaw in it, but that is a flaw in the system, and not merely in my reporting on it.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    7. Re:Plausible deniability by cpt+kangarooski · · Score: 3, Informative

      Ah, it must be amateur attorney hour again.

      The legal system expects everyone to abide by the law. If they do not, ignorance of the law is no defense.

      In a case where A sets up an open WAP, and B uses it in an illegal fashion, then the appropriate defendant is B; A hasn't done anything wrong. However, where enough evidence points to A as more likely being the culprit than B, A is the one that is liable for what has happened. This is because as far as the courts can figure out, A actually did it. Remember, the courts aren't perfect and they aren't psychic. Sometimes they punish the wrong person.

      So yes, if you have an open WAP, you are exposing yourself to liability because it generally appears that traffic to that WAP from the ISP is your traffic, and not someone else's. You certainly are not protecting yourself; that comes from locking it down so that the only person using it is yourself, and you then don't break the law.

      I think your confidence in the decision of factfinders in civil trials is utterly misplaced. They have to do the best with what they have, and the standard is low, and quite friendly to the plaintiff. A mere 51% chance that it was the WAP owner and not someone else, and that's sufficent.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    8. Re:Plausible deniability by Anonymous Coward · · Score: 0

      Your argument is that if you leave your car unlocked -- not for a day but every single time u r not using it -- and someone else uses it to do an illegal activity, you will not be held responsible. In this case someone can get into your car even while u r driving.

      My ISP uses MAC address to grant access to the net. if you need to go online you need to register your MAC address with ur account ID. in such a case I would not need to worry about securing my net access. ISP does it for me. yes i need to secure it to protect my own data but it would definitely protect me from troubles as mentioned in this case.

    9. Re:Plausible deniability by beej · · Score: 1

      I'd say it's a pretty big flaw in the system, and the MPAA/RIAA can only shoot themselves in the feet by trying to exploit it.

      As people get wise to the fact that they're going to get busted using their own networks, they'll use other peoples' networks. More and more often, the MPAA/RIAA will sue the wrong guy. They've had a free ride so far, but if half their lawsuits target innocents, they're going to have their offices burned down by an angry mob.

      WEP is even worse. We know how crackable it is... but now the lawyers will say, "Well, he secured his network, so it can't possibly have been someone outside..." and it'll make it even easier for them to sue the wrong guy.

      In any case, I can't wait to see how this turns out. I use WEP, but I don't exactly rotate my key every day. It'll be interesting to see how this case turns out so I can know if a secure or unsecure wireless node is best for covering my ass when someone else uses it illegally.

    10. Re:Plausible deniability by Anonymous Coward · · Score: 0

      The slight differance being they didn't find him in possession of anything. In the case you are describing you are being caught in possession. They siezed his computers and found nothing? Chances are they had the wrong guy in the first place.

    11. Re:Plausible deniability by mmjb · · Score: 1
      The legal system expects everyone to abide by the law. If they do not, ignorance of the law is no defense.

      Quite true - but here we are talking about ignorance of the technology, not the law.

      Unless it is now the law that all users of access points must protect them against access from ne'er-do-wells.
    12. Re:Plausible deniability by Anonymous Coward · · Score: 0

      The legal system expects everyone to abide by the law. If they do not, ignorance of the law is no defense.

      What law is that? The law against running an open access point? Ignorance of the law is indeed no excuse, but there's no law to ignore. Ignorance of lawbreaking certainly is a valid excuse.

    13. Re:Plausible deniability by synaptik · · Score: 1

      Excellent post. +5 insightful. Thanks.

      --
      HSJ$$*&#^!#+++ATH0
      NO CARRIER
    14. Re:Plausible deniability by cpt+kangarooski · · Score: 1
      Quite true - but here we are talking about ignorance of the technology, not the law.

      Reread the earlier post:

      Are you trying to tell me that the courts expect Joe Sixpack and Jane Boxwine to understand the civil and criminal implications of buying a Linksys router at Best Buy and just plugging it in?


      It's not illegal to have an open WAP. However, there may be legal consequences that stem from this course of conduct. And to the extent that there are, it doesn't matter whether or not you knew that there were.

      Still this is beside the point: the main issue is that when you have an open WAP, it is easy for people to mistake you for a third party downloader and for you to be unable to practically escape this case of mistaken identity. Plus, that even assumes there is a third party downloader; there are those who will run an open WAP so as to blame an imaginary third party for the things they are actually doing.
      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    15. Re:Plausible deniability by Rinkhals · · Score: 4, Insightful

      Yikes!

      As someone living in the third world, I am constantly amazed at how little protection is afforded the average American by their laws. Obviously, I am not refering to O.J.Simpson or Michael Jackson.

      And yet the death penalty has pretty much universal support!

      Not only is it shocking that these Corporations seem to be all-powerful and there seems nothing that ordinary Americans can do against them, but they seem to have sanction from every section of your community.

      Everybody here seems to be saying: "Well, I believe he did it, he should hang". Nobody seems to think how ludicrous it is to pursue ordinary citizens for these kind of punative damages.

      Wow.

      --
      "I'm a snake if we disagree"-Jethro Tull, Bungle in the Jungle
    16. Re:Plausible deniability by Somewhat+Delirious · · Score: 1

      Plus you get to use the word drive-by upload; which I would like to nominate for word of the year!

      --
      The surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us.
    17. Re:Plausible deniability by phiwum · · Score: 1, Insightful

      It's possible that you are thinking of the legal system as a mechanism that is not intelligent, and can be gotten around through cleverness. That is not the case.

      Really? I thought that assumption was exactly why lawyers get the big bucks. They have the cleverness (and know-how) to get around the legal system.

      Nah, I'm not really this cynical about law and lawyers, but I could use the ill-gotten karma. Reward me for cheap shots! Please!

      --
      Phiwum's law: anyone that names an obvious law after himself and then puts it in his own sig is just pathetic.
    18. Re:Plausible deniability by moofmonkey · · Score: 1

      However, where enough evidence points to A as more likely being the culprit than B, A is the one that is liable for what has happened.

      OK, so the police were unable to find a copy of the the infringing material on any of A's computers. The balance of probabilities has surely shifted in favour of B. Add to that myriad errors that may have taken place leading to suspect A - IP address spoofing, ISP giving the wrong address or keeping the wrong data on file.

      Really, unless you can catch someone red-handed in the act of downloading (ie a police bust a guy whose computer is in the middle of uploading some infringing material), there is just too much uncertainty to deliver anything but not guilty. And given the enormous profits those companies are making, thats fair enough.

    19. Re:Plausible deniability by TallMatthew · · Score: 1
      Didn't West Chester county just put a law into place requiring encryption to be run on wireless routers? I remember that from /. not that long ago ...

      This whole copyright infringement thing is out of control. $100,000 civil cases for uploading crappy movies?

    20. Re:Plausible deniability by Tim+C · · Score: 1

      What law is that?

      In this case, copyright law, obviously. The fact that the access point was open is relevent only in that he's using it as a defence. No-one is saying "having a wide-open WAP is illegal", they're saying "if you do have a wide-open WAP, don't be surprised when the police come asking questions about suspicious traffic that appears to have originated from your network".

      It's the same in the real world. If I keep a gun locked away in my house, that's fine (assuming I have the necessary permits, etc); if someone breaks in, smashes open the container and takes it and kills someone with it, I'm probably going to be ok.. If I leave it in an external building (eg a shed) which isn't locked, and someone takes it and murders someone, chances are I'll be in pretty deep trouble too.

    21. Re:Plausible deniability by zotz · · Score: 1

      [They've had a free ride so far, but if half their lawsuits target innocents, they're going to have their offices burned down by an angry mob.]

      Will they be targeting innocents, or the wrong guilty party?

      all the best,

      drew
      ---
      http://www.ourmedia.org/node/111123

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    22. Re:Plausible deniability by hughesjr · · Score: 1

      hmmm ... if you have a wireless router/access point .. it is probably that MAC address that the ISP registers. All your other computers are probably behind that access point and their MAC addresses are probably not passed at all to the ISP, just the one MAC address of your Access Point / Router.

    23. Re:Plausible deniability by crawling_chaos · · Score: 4, Interesting

      In fact, couldn't an open WAP be an "attractive nuisance" and make the maintainer guilty of at least that form of negligence? That's not what's being alleged here, but if the defense is successful, I would expect this interpretation to be given a try, at least.

      --
      You can only drink 30 or 40 glasses of beer a day, no matter how rich you are.
      -- Colonel Adolphus Busch
    24. Re:Plausible deniability by geminidomino · · Score: 1

      Unless it is now the law that all users of access points must protect them against access from ne'er-do-wells.

      Why not? The laws are made to be too complex for Joe Sixpack to understand, same as technology.

      If the law were easy to understand, then we wouldn't have to walk on eggshells, afraid of breaking it unwittingly, and the lawyers would starve.

    25. Re:Plausible deniability by bcattwoo · · Score: 1

      Unless someone really does come along and distribute some malware or kiddie porn through your open WAP. The criminal investigation would be so much fun. Not too mention your rep trashed, as the news of your being a suspect will be towards the front of the paper, while the dropping of the charges might not even get mentioned in the back.

    26. Re:Plausible deniability by JPriest · · Score: 1

      Discussions like this make me wonder what happens when cities start offering free Wi-Fi.

      --
      Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
    27. Re:Plausible deniability by Anonymous Coward · · Score: 0

      You lock your dumpster too? Should you get busted if a body shows up in it one morning? Hey it's your dumpster, on your driveway, it had to be you.

      Now I know were to start hiding the bodies!

    28. Re:Plausible deniability by poot_rootbeer · · Score: 2, Insightful

      And yet the death penalty has pretty much universal support [in the United States]!

      If you believe this to be true, I recommend you seek out other media sources for your news about American affairs, as we are FAR from unified in our views about the death penalty.

    29. Re:Plausible deniability by thePowerOfGrayskull · · Score: 1

      I'm a bit confused -- I've seen very few comments in support of law suit. I'm not sure where you came to this conclusion: verybody here seems to be saying: "Well, I believe he did it, he should hang".

      Please clarify?

    30. Re:Plausible deniability by ad0gg · · Score: 1

      Its no more of a nuisance than a library internet terminal or the free waps that some cafes provide.

      --

      Have you ever been to a turkish prison?

    31. Re:Plausible deniability by vertinox · · Score: 1

      Remember, the standard of proof is a preponderance of the evidence. So long as it is even slightly more likely than not that the person with the WAP did it, as opposed to some mysterious other person, that is sufficient proof that he did do it. It's criminal trials prosecuted by the government that use the higher standard of beyond a reasonable doubt. That is not the standard used here.

      When I went to jury duty, before they divided us up to criminal and civil they explained the difference between resonable doubt for criminal and then what entails a civil case.

      This speach was about 5 minutes and I was still confused what perponderance of evidence meant versus reasonable doubt.

      I'm pretty sure if I ended up on a civil trial I would have just judged it the same as a criminal one.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    32. Re:Plausible deniability by DeVilla · · Score: 1

      Though the bar is a bit lower for civil suits, to my knowledge, I don't think anyone has ever been given a death sentence as a part of a civil suit. I could be wrong, but I'm thinking that isn't even an option. Criminal cases have somewhat higher requirements for evidence and proof.

      Universal support for the death penalty? Ya. Right. We got that one worked out just after we got universal concensus about abortion. By the way? Where do you get your news?

      The Corperations are powerful because they have money. At least the powerful ones have money. Lots of it. They can translate that into power. That's nothing new and I don't think America pioneered that one. We (the people) aren't crazy-in-love with it either.

      By the way, who is calling to hang the guy? My mod settings must be filtering out those comments.

    33. Re:Plausible deniability by vertinox · · Score: 1

      No, that's a situation where it would be a criminal matter, and the higher standard would apply. In any case, my post was not about my point of view -- it was about the reality of how these civil copyright cases work. Perhaps there is a flaw in it, but that is a flaw in the system, and not merely in my reporting on it.

      One of the urban myths about the Japanese Yakuza, is that if they wanted to knock one of their own members without getting into trouble with the law is to send them on a business trip to Singapore (or Indonesia) but have someone put heroine in their luggage and then tip off the authorities.

      In Signapore and Indonesia the punishment for drug trafficking is death...

      It wouldn't be too farfetched for a person to compromise someones box and then set them up. As in... Put child porn and then troll chat rooms and forums looking for undercover cops or register a file sharing website under their name and address and then upload thousands of mp3s and to their home computers.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    34. Re:Plausible deniability by cpt+kangarooski · · Score: 1

      Well, bear in mind that there are two different sorts of things here.

      A civil case is about money or injunctive relief (i.e. having the court order someone to do or not do something). These cases are brought by other people, businesses, etc. For example, if you hit me, I can sue you so as to get money from you to pay for the harm you caused me.

      A criminal case is about imprisonment, generally. These cases are only brought by the government, which has the discretion as to when it will or will not prosecute. For example, if you hit me, the government could try to have you put in jail for it. However, they would not try to also have you pay me for the harm you caused.

      The US is pretty friendly to plaintiffs in civil suits with regards to jurisdiction, standards, awards, etc. However, we are very protective of defendants in criminal cases, in that we are willing to give them free lawyers, juries, require the government to prove the defendant broke the law beyond a reasonable doubt, etc.

      And as others pointed out, there is far from universal support for the death penalty. I myself oppose it completely, and I think it is unconstitutional.

      Everybody here seems to be saying: "Well, I believe he did it, he should hang". Nobody seems to think how ludicrous it is to pursue ordinary citizens for these kind of punative damages.

      They're not punitive damages; those are not available in copyright cases. However, I agree that a) ordinary people should not generally be able to run afoul of copyright law, by reducing the scope of what's illegal so that it isn't the kind of thing people often engage in, and b) that the statutory damages are excessive.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    35. Re:Plausible deniability by cpt+kangarooski · · Score: 2, Funny

      Heroine, eh? Well, I would certainly be surprised to find a heroine in anyone's luggage, especially since you don't really see people with luggage large enough for your average-sized heroine these days. Carryons are quite popular.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    36. Re:Plausible deniability by trout0mask · · Score: 1

      Attractive nuisance? That is not even close to applying. An attractive nuisance is when something dangerous on your property entices small children to trespass, and they then are physically injured. Like a deep, fun looking hole in your backyard that some kid falls into.

      If a child got at his wireless router and it somehow managed to injure them, maybe. But that has nothing to do with this lawsuit anyway.

    37. Re:Plausible deniability by cpt+kangarooski · · Score: 1

      Really it's not the police, it's the plaintiff. The police are just the agents being used to ensure that the evidence is safeguarded for the case (for both sides) and not altered in the time period between when the defendant is notified of the case and when the request is made for him to hand them over as evidence for inspection.

      And if there really is no trace whatsoever, not even with forensic inspection of the disc, and the defendant isn't the sort of skilled user that could still get around that, if they likely wouldn't be sophisticated enough to download, or wouldn't want to, then you're right, A probably didn't do it. Barring something so clear cut, it could go either way, depending on the circumstances. This is what juries are for -- to decide these things.

      Really, unless you can catch someone red-handed in the act of downloading (ie a police bust a guy whose computer is in the middle of uploading some infringing material), there is just too much uncertainty to deliver anything but not guilty.

      No. First we are not talking about guilt or innocence. We are talking about whether they are liable or not liable. Second, certainty is not required. We're talking about the preponderance of the evidence standard: if it is even marginally more likely that A did it, then that's enough. There can still be significant uncertainties as to whether or not he did it, it just has to be most likely that it was him. A 51% likelihood is enough. The higher standards are not relevant in civil infringement cases.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    38. Re:Plausible deniability by Ponzio+Fucetola · · Score: 1
      "It's (sic) criminal trials prosecuted by the government that use the higher standard of beyond a reasonable doubt. That is not the standard used here."
      Incorrect. This is a criminal investigation, evidenced by the presence of police and warrants; therefore, the "beyond a reasonable doubt" standard applies.
    39. Re:Plausible deniability by whyde · · Score: 1

      If you're going to find the USERS of such devices negligent, then the MANUFACTURERS of the devices should also be liable for shipping them in an unsecured default state.

      Devices which are physically dangerous (power tools, lawn equipment) have warning labels on them which physically prevent their use until they are removed (and hopefully, read) by the end-user.

      Devices which are virtually dangerous (Unpatched WinXP, Internet Explorer, WiFi routers) have no such barriers to use.

      And, I wipe portions of my hard drive clean just like I clear my desktop of clutter, keep my icons lined up, organize my garage, and erase my office whiteboard periodically. There can be nothing incriminating about cleanliness just because it's in a digital domain.

      You may just as well say "Aha! The user has emptied his Recycle bin! He must have recently deleted some incriminating evidence!"

    40. Re:Plausible deniability by cpt+kangarooski · · Score: 1

      No, it appears that a plaintiff, Paramount, is suing the defendant. That means it's a civil trial. They likely got an ex parte court order to seize the evidence so that it could not be tampered with (e.g. by deleting the files). This court order was then executed by the police, but that doesn't make it a criminal matter. Paramount could've just as easily used hired goons.

      Besides, it's virtually always the federal government that brings criminal cases for copyright infringement; they would not involve local police, but would instead use the FBI or Secret Service.

      Where did you see mention of warrants? The article and post only mention seizure.

      Lastly, what's with the sic? It is indeed criminal trials that use that standard. I used the word correctly, as a contraction, not a possessive. Perhaps this will help you out.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    41. Re:Plausible deniability by cpt+kangarooski · · Score: 1

      Not much. It would not be likely that the city itself downloaded this stuff, so they'd win their case (unless some sort of secondary liability theory worked against them and the 11th Amendment wasn't useful for them, which I'd have to think about).

      This is really just about probability.

      If you own a car, and you are almost always the one who drives it, then when that car is in a hit and run and the victim sues, he has a good case against you, since it was probably you that did it. If you habitually let other people borrow the car, to the point where other people (en masse) drive it more than you do, then it probably would not have been you, and the plaintiff will have a much harder time suing you.

      WAPs are the same way: if the owner is the primary user, then we can assume that things done on it are probably done by the owner. If other people are the primary user, then we can't. For ordinary home WAPs, the owner as primary user is a safe bet. For WAPs set up in public areas for public use, it was likely someone else.

      Mere slight possibilities that it was someone else are insufficient. We're looking for who probably did it (51% or more), not who possibly did it (49% or less).

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    42. Re:Plausible deniability by Anonymous Coward · · Score: 0

      The police can come around asking any questions they want. At the end of the day, running an open access point makes me just as liable for copyright infringement as owning a large back yard makes me liable for a thief who hides in it after committing a robbery.

    43. Re:Plausible deniability by shark72 · · Score: 1
      "It's possible that you are thinking of the legal system as a mechanism that is not intelligent, and can be gotten around through cleverness. That is not the case. People are involved in the system at every step, and often they are more clever than you, and have a dim view of amateurs trying to manipulate them. Basically, if you would see through such a ploy, or if you think other intelligent people would, you should expect that your opponents in a legal battle would."

      Captain, that is one of the best things you have ever written. It should be required reading for all Slashdotters who wish to take part in legal-related discussions.

      Judge Judy used to put it another way: "Don't piss on my leg and tell me it's raining."

      --
      Sitting in my day care, the art is decopainted.
    44. Re:Plausible deniability by Alsee · · Score: 1

      Oh, didn't you know? His wireless router is on his front lawn, is teen feet deep, filled with water, attached to 220 volt house current, has a built-in Pez dispenser, and plays that obnoxious icecream truck music.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    45. Re:Plausible deniability by v1 · · Score: 1

      In fact, couldn't an open WAP be an "attractive nuisance"

      Almost anything can be considered an "attractive nuisance". (any act that doesn't constitute "paranoid" could probably be justified as an "attractive nuisance" by someone) This point of view goes nicely with the "blame the victim" mentality.

      Just because I leave my car parked on the curb with the door unlocked does not mean it's "my fault" if the car gets stolen. I certainly increased the odds by my behavior, but it's still the thief that is ultimately responsible for his actions. I didn't make him steal my car by leaving the door unlocked. Making a crime more likely to occur does not equal being primarily responsible for it if it does occur.

      I am however in favor of "partial liability", where the owner of a WAP used illegally by someone else be held partially responsible. Not so much because he is responsible for the actions of the other, but rather that his actions greatly increased the likelyhood of a crime being comitted. I think I should append "knowingly" as well - I'd make it a requirement to prove that the person knew or should have known his actions would greatly increase the probability of illegal activities, say to 30% or higher probability, for him to be held partly liable.

      Walk down a dark street at night while counting your stack of 20's and you will very likely get mugged. Are you responsible for the mugging? No, but you deserve little pity for having been mugged.

      --
      I work for the Department of Redundancy Department.
    46. Re:Plausible deniability by JPriest · · Score: 1

      The point is the city likely did not do the crime, and it would be very difficult to pin it on the person that did.

      --
      Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
    47. Re:Plausible deniability by Rinkhals · · Score: 1

      Okay, so nobody said he should hang. Figure of speech.

      But you get my gist.

      And maybe there isn't universal support for the death penalty (I'm not in the US, so I can't guage), but there does seem to be significant support.

      Otherwise I think the main thrust of my post stands:-

      As a Third World Resident, I am still amazed at the lack of rights Americans seem to have while going about their ordinary business. I am further amazed at how quick their fellow citizens are to say 'guilty'.

      Seems a bit uncivil.

      --
      "I'm a snake if we disagree"-Jethro Tull, Bungle in the Jungle
    48. Re:Plausible deniability by crawling_chaos · · Score: 1
      I find it interesting that you think that I am for declaring unsecured WAPs as attractive nuisances. I was reflecting on another way a clever lawyer might try to use existing law to go after someone in this situation. I guess that's the problem with the Internet, you lose all tone, so a simple musing can be miscontrued as advocacy.

      Perhaps I also erred by focusing on a single legal term that I did not understand well. To broaden the idea, could leaving an unsecured WAP available be construed as simple negligence in this day and age? Damage has to result from negligence, as I recall, but the MPAA is certainly arguing that it was damaged by this upload, and the trend in the courts is to recognize that damage as real.

      --
      You can only drink 30 or 40 glasses of beer a day, no matter how rich you are.
      -- Colonel Adolphus Busch
    49. Re:Plausible deniability by Anonymous Coward · · Score: 0

      Well, you would have been instructed very specifically by a judge as to how to arrive at your decision, when the time came to do so.

      And anyway, it's really not that hard: if you think that, given the evidence before you, it's more likely that someone did it than not, that's the civil standard. Even if it's possible someone else did it, if it's more likely that the defendant did it, then, for all intents and purposes, he did.

      In a criminal trial, it's not enough that someone is more likely to have done it. Rather, there can be no doubt that he's done it. So, if it is at all reasonably possible that someone else did it, you cannot convict him. In contrast to the "preponderance of the evidence" standard, "beyond a reasonable doubt" should be a very difficult, nearly impossible standard to meet, as any reasonably plausible shred of evidence that the defendant hasn't done it should be enough for an acquittal.

  7. pirate? by serverleader · · Score: 0, Redundant

    I want to be like this guy when I grow up ... wait... I mean sail like a pirate...

    --
    - - - - - . .. . - Get Counted!
  8. What the... by Tezkah · · Score: 5, Insightful

    Paramount has looked at all four computers in Lee's home, alleging he had one of them cleaned to erase evidence. The company has filed a federal lawsuit against the Blue Ash man.

    Movie companies have the right to look at all the computers in your house, because you allegedly commited *copyright infringement*.

    Wow.

    1. Re:What the... by Sensible+Clod · · Score: 1

      This type of thing is highly underrated in the news. I mean, when the government pulls some kind of stunt like this on possible terrorists (as bad that sometimes is), it makes news at least some of the time. But companies? Come on.

      --

      The difference between spam and poop is that you don't have to dig through septic tanks looking for real food. -- Me
    2. Re:What the... by Otterley · · Score: 3, Informative

      Any party involved in civil litigation has a legal right to obtain discovery regarding any manner that is relevant and not privileges and which may lend credence to a claim or defense. See Federal Rules of Civil Procedure 26(b)(1).

      In this case, it would certainly cover examining computers for evidence of copyright infringement.

    3. Re:What the... by Anonymous Coward · · Score: 0

      Movie companies have the right to look at all the computers in your house, because you allegedly commited *copyright infringement*.

      Imagine what you could get away with if you could show infringement in progress then, say a nespaper plagiarising directly from your website. Forget damages, just being able to rifle through their computer systems would be endless fun. Oh wait, for that to happen we'd have to have equality before the law. Guess I can dream.

    4. Re:What the... by Zunni · · Score: 1

      Now I feel stupid for missing the even bigger shocker in this case.

      On an 'unrelated' note: I think Bill Gates is ripping off my source code, I'll create some random documents that "support" that notion and I'm on my way to Redmond to have him open up the new Windows Source Code so I can verify my stuff isn't in there.

    5. Re:What the... by Mr.+Lwanga · · Score: 1

      The real question is absence of evidence, evidence of absence?

    6. Re:What the... by Anonymous Coward · · Score: 3, Insightful

      I think Bill Gates is ripping off my source code, I'll create some random documents that "support" that notion and I'm on my way to Redmond to have him open up the new Windows Source Code so I can verify my stuff isn't in there.

      You can't afford the legal fees to get you the same rights as the MPAA. You're legally classified as a nobody. Bill Gates, however, is a respected member of the community - respect in the order of several billions I believe. The courts won't even be interested in anything you have to say.

    7. Re:What the... by craXORjack · · Score: 1
      Movie companies have the right to look at all the computers in your house, because you allegedly commited *copyright infringement*.

      Wow.

      Welcome to the Corporate States of America.

      Vote Nader next time.

      --
      Liberals call everyone Nazis yet they are the closest thing to it.
    8. Re:What the... by Vengie · · Score: 4, Insightful

      There are no facts here. Fuentes v Shevin -- you can't just sequester shit without due process. It's not just "you file a rule 26(b)(1) motion and "poof" you can barge in and take his computers...

      --
      When in doubt, parenthesize. At the very least it will let some poor schmuck bounce on the % key in vi. (Larry Wall)
    9. Re:What the... by Otterley · · Score: 2, Insightful

      Uh, you mean other than the fact that the plaintiffs have an IP address associated with the upload of the movie that are associated with the defendant's use of his Internet service?

    10. Re:What the... by agibbs · · Score: 1

      I like that brief of Fuentes... I wonder if that gloss will fly on my civpro exam next week? :)

    11. Re:What the... by donaldm · · Score: 1

      Not being a lawyer and getting cross-eyed looking at the legalese:

      - open
      (3) Pretrial Disclosures.

      In addition to the disclosures required by Rule 26(a)(1) and (2), a party must provide to other parties and promptly file with the court the following information regarding the evidence that it may present at trial other than solely for impeachment:
      - close

      I am fairly sure you need to get a court injunction prior to the police (I assume Paramount did this because the article did not say) raiding your house at least that is what I suppose is done in a non-totalitarian country.

      Anyway the article seems to have compromised any law case.

      From the article:
      - open
      Russell Lee is either a slick film pirate or an unwitting victim of someone who fits that description.

      Paramount, which distributes "Coach Carter," presents an unflattering picture of him, saying he not only obtained the movie illegally, but that he uploaded it to an online system called eDonkey so others could steal it, too.

      "I don't even know what they're talking about," Lee said. "I didn't do it."
      - close

      Where is that hanging judge? We need to convene a kangaroo court quickly before anyone wakes up to what is going on.

      --
      There ain't no such thing as proprietary standards only proprietary formats. Standards are by definition open.
    12. Re:What the... by Anonymous Coward · · Score: 0

      That would only apply to evidence that supports their claims that authorities found, that doesn't mean Paramount can personally look through your files on your computer. An example would be if someone stole an item from a house, the victim couldn't go through the suspect's home to perform a personal search for said item.

    13. Re:What the... by Anonymous Coward · · Score: 0

      discovery is a subpoena for copies of all the information (probably hard drive images in this case), not a bailif or police officer coming and taking tangible assets.

    14. Re:What the... by barefootgenius · · Score: 1

      He cleaned his computer? WTF! "Wow, I just downloaded an illegal movie, now I'm going to wipe all the evidence that said movie exists."

        So let me get this right, instead of going up to the movie store and renting the movie, watching it and then taking it back, this guy downloads them and then overwrites his discs a couple of times and reinstalls his operating system?

      --
      /. bug #926803 - Why I can post.
    15. Re:What the... by Flyboy+Connor · · Score: 1
      Any party involved in civil litigation has a legal right to obtain discovery...

      It might be legal, but that does not mean it is morally right. Laws are created by governments, and are just as moral as the the government is. In this case, I am pretty glad that I live in a country where only the police is allowed to inspect my personal property, and that only at the order of a judge and with a search warrant.

      Of course, the BSA still tries to strong-arm companies into letting them inspect their computers. It is just that in my country they have no legal right to do so, so you can just send them away.

    16. Re:What the... by Otterley · · Score: 1

      In any civil matter such as this, a judge still has to approve the discovery request. However, such requests are liberally granted, particularly when the information requested is particularly relevant to the litigation. It's hard to argue that the relevant evidence in an Internet copyright infringement claim will be anywhere but on the computers alleged to be involved.

    17. Re:What the... by Anonymous Coward · · Score: 0

      But just imagine in what situation our economie would be without the money shifting that produces no actual value!

    18. Re:What the... by Pofy · · Score: 1

      >Uh, you mean other than the fact that the plaintiffs have an IP address
      >associated with the upload of the movie that are associated with the
      >defendant's use of his Internet service?

      No the use of defendant's internet service. There is no way to make the connection that it was also him using it, could very well have been someone else. For example someone else in the household, friend visting, someont from the outside that managed to get control of thecomputer and so on. Many possibilities.

    19. Re:What the... by glesga_kiss · · Score: 1
      Uh, you mean other than the fact that the plaintiffs have an IP address

      Psst, wanna IP address? Here's one: 123.123.123.123. Want another? OK, how about 192.168.100.1?

      An IP address is proof of NOTHING. Log files are not proof. Screen grabs are not proof. Who are the people that got your IP? A company working for the media company? Can you say "conflict of interest"? Can you say "NOT police officers" (or anyone else qualified to be handling legal evidence)?

      Should I ever find myself in this situation, the court will be provided with "proof" of how the lead lawyer on their side downloads kiddie porn at 4:30 in the morning. I'll have log files and whatever. Finding someones IP is pretty straight forward.

    20. Re:What the... by oldwolf13 · · Score: 1

      Does that mean he can go seize the machines they used to spot the file sharing and track him down?

      --
      If I can't smoke and swear I'm fucked.
    21. Re:What the... by Kombat · · Score: 1

      An IP address is proof of NOTHING. Log files are not proof. Screen grabs are not proof.

      You're confusing "evidence" and "proof." Everything you list there is evidence. Individually, they don't "prove" anything, but taken collectively, they can build a case against a defendent.

      Who are the people that got your IP?

      The ISP providing that very same Internet service, I presume.

      A company working for the media company?

      Well, given that most ISPs happen to be media companies, then yeah, it could very well have been a media company.

      Can you say "conflict of interest"?

      Not without laughing at you, no. If the ISP is a media company, and the user is stealing (oops, sorry, "infringing") copyrighted material through the access he/she is renting through that ISP/media company, then it's pretty absurd to suggest that he/she should get off scot-free, just because there may be a business relationship between the copyright owner and the parent company of the ISP.

      Can you say "NOT police officers"

      Uhm, where the heck do you think police officers get their evidence? They don't go into ComCast's network centers and grab the log files themselves. The subpeona them from the ISP, and the ISP's people get them for the cops.

      Should I ever find myself in this situation, the court will be provided with "proof" of how the lead lawyer on their side downloads kiddie porn at 4:30 in the morning.

      Now you're just talking nonsense, and demonstrating that you don't know anything at all about how due process, discovery, accountability, or any aspect at all of the legal system works.

      --
      Like woodworking? Build your own picture frames.
    22. Re:What the... by Vengie · · Score: 1

      Want my civpro outline? My civpro exam is the 11th of jan. ;-) (yes, i know, farkuckta after-braek finals.)

      --
      When in doubt, parenthesize. At the very least it will let some poor schmuck bounce on the % key in vi. (Larry Wall)
    23. Re:What the... by glesga_kiss · · Score: 1
      You're confusing "evidence" and "proof."

      No, it's neither, that's my point. Look:

      2005-12-15 13:17 123.123.123.123 Silence Of the Lambs

      That's what a log file looks like. It's easier to fake than it is to get the real thing. Log files prove nothing and there complete lack of accountability and integrity makes them worthless as evidence. Any lawyer would tear "log file proof" apart with little effort.

      Who are the people that got your IP?

      The ISP providing that very same Internet service, I presume.

      Em no. I'm presuming you perhaps don't know how the net works. Essentially, with any service, including p2p, the remote party needs your IP to do anything. Third-party companies are contracted by the media industry to do several things with the p2p networks, posing as random home users. One is poisoning, offering fake files to simply annoy and devalue the platform. The other is data gathering. This data can be used for many purposes, such as marketing (it's better than the musiuc charts) but it can also be used to lead to one of these extortion requests.

      Once the company has a user they wish to target, they then contact the owner of that IP and request the details of the user that was using that IP at that particular time. ISPs generally keep this data, in fact in many countries it's a legal requirement.

      The information gathered by the third party is not evidence. It's not even close. The best they can do is say that "John and I witnessed user XYZ download ABC on DEF date". Then it's my word against theirs.

      Can you say "conflict of interest"?

      Not without laughing at you, no.

      Exsqueeze me? Sorry, I just pointed out how it's third party companies that are doing this work. Their continued contracting demands results. It's like traffic wardens on commission i.e. unacceptible.

      Can you say "NOT police officers"

      Uhm, where the heck do you think police officers get their evidence?

      Via trained methods learned after hours of training, worked out via hundreds of years of police evolution. Police Offices are QUALIFIED to collect evidence. Through this qualification they are TRUSTED to be impartial. The court system is 100% reliant on this impartiality. The media companies are not and they have a conflict of interest in this case. Have you ever even seen a court room, let alone be in one? You seem to be arguing about stuff you don't know all that much about. Nothing the media companies have to offer constitutes proof or evidence in anyway. It is 100% fakable and a decent lawyer will have this "evidence" thrown out during the first morning of the case, leaving nothing but "his word against mine".

      Now you're just talking nonsense, and demonstrating that you don't know anything at all about how due process, discovery, accountability, or any aspect at all of the legal system works.

      I think we've established that that's your role here, yes? Read your exact sentance above. "Accountability", that's the keyword here, what's going here has none. "Due-process" is not a for-profit company sending out extortion letters. It is a complete bastardisation of the legal system, but what isn't these days?

    24. Re:What the... by sh00z · · Score: 1
      Vote Nader next time.
      If you're in touch with the man, remind him that iff he sticks to governance, he might have a chance. I voted for him in 2000, but took a pass in 2004 because he seems to think that it's OK to stick his nose into areas where the Federal government has absolutely no concern. Totalitarianism is not a viable option to corporate oligarchy.
    25. Re:What the... by dpilot · · Score: 1

      Wish I had mod points for the parent post.

      --
      The living have better things to do than to continue hating the dead.
    26. Re:What the... by craXORjack · · Score: 0, Troll

      If you changed your vote because a baseball fan wrote a letter to the commisioner protesting the increasing commercial distraction then you are an idiot. Furthermore, if you had even read the article you linked to you would have known that 'U.S. Rep George Nethercutt, a Washington Republican who is a former part-owner of the Greensboro Bats and the Michigan Battle Cats minor league teams, sent a letter to Selig protesting the decision.' These protesters had their names dropped by the writer because of their celebrity not because it had anything to do with any particular political persuasion. Certainly hundreds of fans sent letters protesting this bit of idiocy. Posting links to totalitarianism and oligarchy was nonsensical and a waste of your effort. They are not related to baseball. And if you are some ad salesman who wants to see people distracted from the game by ads on top of ads on top of ads, then again you are an idiot. Good day to you.

      --
      Liberals call everyone Nazis yet they are the closest thing to it.
    27. Re:What the... by Anonymous Coward · · Score: 0

      Ditto. And isn't the crux of SCO's legal case "we have evidence that youse have our code in your source code, surrender your source"? And look how badly spanked SCO is getting.

    28. Re:What the... by sh00z · · Score: 1

      I changed my vote because a candidate for the office of President of the United States made a public statement that it is inappropriate for two commercial entities to buy and sell advertising (that is not obscene) in the manner they see fit. Because that statement did not come with any other disclaimer saying that the Mr. Nader was speaking only as a Citizen, I had to assume that it was part of his campaign platform. Personally, I don't care one way or another if the advertising was a distraction, or that it involved Major League Baseball. It is solely my belief that the Federal Government should have NO role in such transactions, other than to tax them where appropriate. If you and Ralph Nader can't see the difference, then it is you who are idiots.

    29. Re:What the... by craXORjack · · Score: 1

      I was quite clear in my first reply. And I don't believe you voted for Nader in 2000 either. Someone who would exclude a candidate for such a frivolous and imagined reason would never vote for a third party candidate in the first place. You would have been swayed by whatever mainstream mouthpieces you listen to into voting for either Gore or Bush. In fact, I doubt you voted at all. Young people rarely turn up at the polls and the level of your immaturity hints that you may not even be 18 yet. I don't like to be bullshitted and I can tell you are full of it. If you really are old enough to vote then why don't you do us all a favor and join the Army? Then Bush can continue decimating his own supporters.

      --
      Liberals call everyone Nazis yet they are the closest thing to it.
    30. Re:What the... by sh00z · · Score: 1

      I'm too old to join the Army (41) and I'd be 4F if I tried (I had lymphatic cancer at age 22), so you can stop pretending that you understand anything about me. If you think it's frivolous to be concerned that a presidential candidate wants to over-regulate daily life in America, that's perfectly within your rights. I'm no Libertarian, and I had high hopes that Nader in 2000 would open peoples' eyes to the fact that we're really living in a one-party system, but he absolutley destroyed his credibility in 2004 by ignoring real concerns and focusing on the truly frivolous "problem" of the "integrity" of baseball. Baseball has plenty of problems, and I would start with kicking out the drug abusers, but Mr. Nader was more concerned about Spider-Man appearing on the playing field. OK, sure. Now who's being immature? If you haven't read this, you should.

    31. Re:What the... by craXORjack · · Score: 1

      I suppose you think that John McCain would be a great president what with his wanting to regulate dietary supplements by baseball players. That is what you are alluding to with your drug abusers statement. McCain held committee hearings and threatened the MLB with legislation. Nader merely voiced an objection. But I won't charge at your red flag. The most important part of your post is what isn't in it. What is plainly missing is even one example of 'real concerns' that you say Nader ignored. If you had really been serious about his candidacy in either election you would have known that he had a clearly written list of his positions on all major issues. In fact it is still posted on his votenader.org site. Yet you say he lost your support because he publicly voiced his opinion on a minor issue. Do you understand how ridiculous that sounds?

      In most countries governments are formed by coalitions of factions. But in our essentially two party system the only way to effect change is to force the two major parties to change their platform to bring in enough votes to best the other. As an example, both democrats and republican administrations have given residency and green cards to illegal aliens to gain the hispanic vote. The result was a 60% increase in hispanic population between the 1990 and 2000 census. The republicans are currently considering doing it again. Nader will never sit in the Whitehouse. No third party candidate will win the US presidency in the forseeable future. But if you want to see a change then you have to vote for the candidate that has what you want in his platform. And disregarding all the major issues because of one very minor issue IS idiotic and immature. I am sure we won't see anyone not vote for McCain just because he wants mandatory drug tests for the private employees of the private corporation known as Major League Baseball.

      --
      Liberals call everyone Nazis yet they are the closest thing to it.
    32. Re:What the... by sh00z · · Score: 1

      You just don't get it, do you? That one "minor issue" is just an example. An example of Government intrusion into private matters. If both John McCain and Ralph Nader thin it's appropriate for the US Govermnment to stick their noses into MLB, then they've both crossed my "totalitarian" line. Baseball should be allowed to pursue its business as it sees fit. If millions of people are willing to buy tickets to watch steroid freaks hit home runs, then that's their business. I won't be buying a ticket to a baseball game until they grow some cojones and change the policy. But that's my personal choice as well. And I won't vote for a presidential candidate who presumes that it's the government's job to tell them (or me, or anybody else, which is the REAL point) how to operate.

  9. Some people just waste money by michaeltoe · · Score: 5, Insightful

    If he keeps a lot of old machines around it's not that unreasonable.

    1. Re:Some people just waste money by cottcd · · Score: 4, Insightful

      ...or maybe he is like my mom. She doesn't waste money but just won't get rid of her old machines, dating back to the first one she bought ten years ago. She's as far from a techie as one can get but has at least three at home.

    2. Re:Some people just waste money by falsified · · Score: 1
      Novice means you're new to it. If he's gone through four computers, I have an odd suspicion he knows about filesharing. Again, if nothing on his computer was found, then who knows.

      On another topic, does anyone else find Paramount's alleged damages reasonable in comparison to the RIAA? (Still pretty high for a movie like Coach Carter, but still.)

      --
      HI, MY NAME IS ISAAC.
    3. Re:Some people just waste money by Ours · · Score: 1

      Then he wouldn't be so novice wouldn't him?

      --
      "You superiour intellect is no match for our puny weapons" - The Simpsons
    4. Re:Some people just waste money by dswan69 · · Score: 1

      For a movie like that the studio should be paying us compensation for pain, suffering and hardship.

      What's the right term for someone who uses computers, but knows basically nothing about them?

    5. Re:Some people just waste money by Sheriff+Fatman · · Score: 5, Funny

      > "What's the right term for someone who uses computers, but knows basically nothing about them?"

      Don't know about you, but round here we call them 'managers'...

      --
      -- Open Source: It's mad, but you don't have to work here to help.
    6. Re:Some people just waste money by Anonymous Coward · · Score: 0

      Could someone rate this Insightful.. And yes Im not kidding.

    7. Re:Some people just waste money by mdwh2 · · Score: 1

      Novice means you're new to it.

      Well the phrase was tech novice rather than computer novice. You can use computers for years without knowing anything much about how they actually work, and phrases like techie tend to imply more than just using them.

      I wouldn't use phrases like "tech" to talk about someone who was an experienced AOL user for example, no matter how much of an expert they were at sending upside-down quoted HTML posts with graphical smilies.

      (Having said that, there's nothing in the article I can see to imply this person claims to be lacking in computer knowledge - I'm just saying that if he is, then "tech novice" isn't necessarily an incorrect phrase to use, even if he's been owning computers for years.)

    8. Re:Some people just waste money by Anonymous Coward · · Score: 1, Funny

      Graphic Designer?

    9. Re:Some people just waste money by Guido+von+Guido · · Score: 1

      No mod points, but I mailed it to my wife the manager. Does that count?

    10. Re:Some people just waste money by Reliant-1864 · · Score: 1

      My dad has been using PCs since the 286, and knows how to assemble them, install windows, configure the internet, etc, but as far as file sharing knows, all he knows is what he's heard in the news. He wouldn't know the first thing about trying to get into that.

      Just because someone know computers, doesn't mean they know internet, and the internet underground. Also, it doesn't mention if this man has a family, perhaps some of the computers belonged to them, or even what hardware those other machines are. We've got some old machines hanging around, ones so old they aren't worth trying to sell. They make great foot rests

      --
      The universe is held together with duct tape and karma. What goes around, comes around, and gets stuck to your forehead.
    11. Re:Some people just waste money by Anonymous Coward · · Score: 0

      Not only that, but the story didn't even mention if the computers were old or new. We have about four computers in our house, but only two of them are decent for use as real computers. The other two are a Mac with sterling OS 2, and a Packard Bell loaded with Windows 95 that has a 500 Mhz processor and 400 MB of Harddrive space. This story could very easily be a "He has computers! They suck but he must be a pirate!" situations. The MPAA isn't picky when it comes to attacking people. We all be pirates in 'der book. Yarr.

    12. Re:Some people just waste money by niXcamiC · · Score: 1

      u think they cant trace u if u change ur mac! there not stoopid.

      --
      Chances are any disscution on Slashdot will degrade into a flamewar about ID/Christianity within 14 posts.
    13. Re:Some people just waste money by Anonymous Coward · · Score: 0

      He wouldn't know the first thing about trying to get into that.

      Then you should really tell your dad about Google. I can't understand how he can read the news and know about file sharing, but not know enough to do a Google search on it. A Google search is clearly the first thing normal people would do to "get into" file sharing.

  10. $100,000? by free+space · · Score: 3, Interesting

    why do movie/music companies use the naive method of mutiplying the cose of the dvd times the # of movies uploaded?
    there are thousands of variables that go into the calculated 'loss'.

    - would all the downloaders actually buy the dvd?
    - would the dvd stay on sale until all those would be customers buy it?
    - would the dvd price stay the same?

    more importantly, why does the law accept take their word on it?

    1. Re:$100,000? by www.sorehands.com · · Score: 1

      It does not have to. Remember, there are statutory damages on copyright infringement.

    2. Re:$100,000? by fishbowl · · Score: 1


      "It does not have to. Remember, there are statutory damages on copyright infringement."

      And what kind of damage do you expose yourself to when you execute the motions to do a search and seizure, and no evidence is found?

      --
      -fb Everything not expressly forbidden is now mandatory.
    3. Re:$100,000? by free+space · · Score: 2, Insightful

      I didn't know what statutory damage was so I looked it up, thanks for mentioning the subject.
      For what it's worth, I think it's a bad concept. The punishment should not exceed the 'crime'. And if the damage can't be calculated accurately, it's better to err on the side of the defendants , even it it means some real infringers will walk away.

    4. Re:$100,000? by Surt · · Score: 1

      It's not how they calculate it at all. The $100,000 per incident is written into the laws they paid for, and is designed to make sure that there is a very high minimum punitive fee to make doing this look very scary.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  11. so what's their point by LiquidMind · · Score: 1

    "is either a slick film pirate or an unwitting victim of someone who fits that description"

    I doubt that Paramount gives a shit. Even if he is unwitted, they're still gonna make an example out of him.

    --
    This sig contains repetition and redundancy.
    1. Re:so what's their point by Maestro4k · · Score: 1

      I doubt that Paramount gives a shit. Even if he is unwitted, they're still gonna make an example out of him. Undoubtably but will the example they make be the one they want? I'm sure they're hoping for abject fear among file sharers and a drop in that activity but it's much more likely people will feel like they're being abusive of the "little man" and start thumbing their nose at them and doing more file sharing. You know, sort of how file sharing of music has increased even though the lawsuits continue.

  12. Or not :) by Sensible+Clod · · Score: 1

    See post above :)

    --

    The difference between spam and poop is that you don't have to dig through septic tanks looking for real food. -- Me
  13. Next Door by Tinn-Can · · Score: 2, Funny

    That is why you use the next door neighbor's wi-fi... maybe being in jail will keep him from blasting the TV all night... secure your wireless, or have the MPAA come after you...

    1. Re:Next Door by Anonymous Coward · · Score: 0

      Maybe his neighbor thought the same thing and was actually the one who uploaded the movie!

    2. Re:Next Door by Anonymous Coward · · Score: 0

      when I want to mooch off my neighbor's carelessly open cable-modem-powered wifi, I use a used wireless card I bought for cash at a computer fair.

      They can trace things back to his WAP, OK. They might even nail it down to the MAC on the wireless card, but there's no accurate record about who owns that card.

      When I am done doing whatever, especially if it's something likely to piss off someone, I trash the wireless card and leave the bits here and there around town. Wireless cards are cheap. The debris is easy to lose.

      By the way, the cable modem wifi was installed and left wide open by the cable company. The router isn't even password protected. This is apparently their default install for any customer who wants to share the connection. There are four or five of these WAPs in the immediate area. Sad.

  14. Slick Film Pirate? by Anonymous Coward · · Score: 0

    Since when is someone who uploads a film a "Film Pirate?"

    1. Re:Slick Film Pirate? by pembo13 · · Score: 1

      One really wonder's huh. I thought the pirates were the one who recorded the movie.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
  15. Arrggghhh matey! Pirates! by Anonymous Coward · · Score: 0

    Murder, plunder, and rapine on the high seas cannot be compared to copyright infringement. The language is prejudicial. With feeling kids: Click three times on the slashdot link if you hate my site, twice on the sendmail if the answer is F.O. Now inciting a mob of geeks to melt their server...

  16. This is just one of several by Chris+Bradshaw · · Score: 1
    This is just one of several recent lawsuits that have been filed by major studios and distributors in an attempt to fight online piracy. Here's another such story...

    http://www.cnybj.com/fullstory.cfm?article_id=3183 &return=frontpage.cfm

    What I don't understand is this: Is this sort of piracy really hurting thier business enough to go after "john doe" in pocatello Idaho for uploading a 3 year old copy of $stupidMovie? Last I checked, niether Paramount or Twentieth Century Fox were in the poor house...

    --
    Get your Windows Malicious Software Removal Tool Here for FREE! - http://fedora.redhat.com
    1. Re:This is just one of several by Anonymous Coward · · Score: 0

      wow, nice of you to link to a local paper...too bad the journalism at the CNYBJ sucks, take it from me..I used to work there..Hello Norm!

  17. Fuck the motherfucking motherfuckers by Anonymous Coward · · Score: 0

    How long before the MPAA and RIAA start monitoring your Google search terms to see if you are violating their mother fucking copyright? This is just getting insane. Maybe eventually all of our computers will have to be subject to searches by companies protecting their so-called property. How else would they know what's going on? Fuck this shit.

  18. Motive? by yog · · Score: 5, Insightful

    The news article is short on facts. So, what's this guy's motivation for uploading a movie to the internet? Did they even establish that he possesses the movie or a copy of it? Did he admit to such possession? What about his computer that was supposedly "cleaned"--what makes them think so, and how can they prove it? And, one might ask, how can they establish that this alleged uploading cost them $100,000.

    There are a lot of unanswered questions here. This is typical of the big media companies now, just like the Mafia: shake down the little people and get the word out that you should toe the line and pay your protection money, or we'll get you.

    I do agree that circumstantial evidence seems to suggest he's a bit more tech savvy than one might think, but on the other hand, a tech-savvy person can also get their network broken into or their password stolen. Basically, this company doesn't have a leg to stand on. Maybe that's why they're shaking him down for so much money, to make him feel he has no choice but to settle.

    --
    it's = "it is"; its = possessive. E.g., it's flapping its wings.
    1. Re:Motive? by NanoGator · · Score: 4, Interesting

      "What about his computer that was supposedly "cleaned"--what makes them think so, and how can they prove it?"

      I had a relative that needed to 'wipe' his computer fairly regularly. (no, not for anything illegal.) He had an app that would go through each sector of a hard drive and 0 it out repeatedly. As I understand it, and no I'm not an expert, just formatting a drive won't necessarily clear the data off it. Even if it did 0 out all the data, it would still be recoverable by a professional service. I believe tihs worked by reading some sort of residual that could indicate whether that bit was a 1 or a 0. This app was supposed to be so thorough that even the professional services couldn't read the data. (this was the sort of thing the gov't would use for classified computers.)

      I may not have all the details 100% right (... corrections gratefully welcomed!) but the gist of my point is this: If they took his computer, noticed the HD was totally blank even though it looked like it should at least have an OS on it, and they analyzed and found out that something more serious than a basic format had occured, they'd have justifiable reasons to believe that he blanked it intentionally to remove incriminating evidence. To the best of my knowledge, though, they wouldn't be able to prove that he did it as a result of their arrival. Circumstantial at best. Personally, I could see an innocent man OR a guilty man doing the exact same thing.

      --
      "Derp de derp."
    2. Re:Motive? by TheLink · · Score: 4, Informative

      I do zero out unused blocks on some of my drives from time to time.

      This is especially when I am about to make full image backups of my drives. If you zero out the unused regions the drive image compresses much better.

      Otherwise you end up using space to backup up deleted data. In some cases you do want to do that, but not always.

      --
    3. Re:Motive? by Kelvie · · Score: 1

      A simple dd if=/dev/urandom of=/dev/hda will do the trick. Instead of zeroing it, randomizing it would be a far better alternative -- this is the premise behind the 'shred' command too, except you random the entire hard-drive, which bypasses the filesystem journal (I think?)

    4. Re:Motive? by Archangel_Azazel · · Score: 2, Informative

      I could go and actually look all this up, but I'm tired...sorry you'll have to get it from my memory ;-)

      Deleting a file doesn't actually get rid of the info. I believe it simply rids the FAT (File Allocation Table) of the entry for that file. The actually 0's and 1's are still there. As for just 0'ing over a section... I remember reading somewhere that the NSA uses wiping software that blasts a sector with random 0's and 1's something like 7 times before it's considered secure.

      Hope this helps!

      A.A

      --
      Your mind is like a parachute. It works best when it's been opened.
    5. Re:Motive? by mailtomomo · · Score: 0

      not really : since the heads cannot write exactly in the same position twice in a row, the old data will still be readable. Of course, you will need a separate reading mecanism with the precision necessary to read it.

    6. Re:Motive? by Random832 · · Score: 1

      What utilities are available to do this? just create a huge file of all zeros and delete it?

      --
      We've secretly replaced Slashdot with new Folgers Crystals - let's see if it notices.
    7. Re:Motive? by Anonymous Coward · · Score: 0

      Gadzooks, man, what are you using, dd | gzip?

      Get yourself a program that just copies the used sectors into your image file!

    8. Re:Motive? by Gravis+Zero · · Score: 1

      right... so believe it or not, writing random bits takes FOREVER! seriously, the time to generate the bits and write them is crazy. try making a 1GB file of random bits and ill talk to you in a few months when it's done.

      --
      Anons need not reply. Questions end with a question mark.
    9. Re:Motive? by Anonymous Coward · · Score: 0

      On Windows, I use Eraser: http://www.heidi.ie/eraser

    10. Re:Motive? by el+americano · · Score: 2, Informative

      You should be using file system aware backup software.

      I use partimage off a CD for Windows or Linux partitions.

      Zeroing or randomizing unused drive space is for privacy only.

      --
      Those are my principles. If you don't like them I have others. -Groucho Marx
    11. Re:Motive? by dosh8er · · Score: 2, Insightful

      Not to be prudish, but, if you watch ANY major flick, (minus the PIRATED versions) there is an FBI warning before anything else happens, stating 100,000 usd fines and/or jail-time for illegal coping, distribution and the like (IANAL- obviously). Perhaps that is where the 100k figure originates...

      fishy, perhaps. Innocent until proven guilty (at least I hope that's still true...)

      --
      This useless space for sale, inquire at front desk.
    12. Re:Motive? by ChadN · · Score: 1

      /dev/urandom are bits from a cryptographic hash (based off a pool of "true" randomness). I just made a 1 Gig file in four minutes on my harddrive, using /dev/urandom, because it is limited by the speed at which the CPU can calculate the cryptographic hash function, not by the rate at which random events (entropy) are occuring on the system.

      --
      "It's overkill, of course. But you can never have too much overkill." - Anonymous Slashdot Coward
    13. Re:Motive? by Technician · · Score: 1

      I do agree that circumstantial evidence seems to suggest he's a bit more tech savvy than one might think,

      I hope Paramount was able to secure the MAC addresses. It may help make or break the case. Many hardwire cards have fixed MAC addresses. If Paramount shows the MAC address of the wireless router was involved, it may help the defense, but if the MAC address of the cleaned machine shows, the defense gets pretty slim.

      I know it may be wistful thinking as most of the MAC addresses stop at the local NAT router.

      --
      The truth shall set you free!
    14. Re:Motive? by Ihlosi · · Score: 1
      I know it may be wistful thinking as most of the MAC addresses stop at the local NAT router.

      MAC addresses stop when leaving the local network. And in most cases, the "fixed" MAC can be overwritten by software. That's why having a MAC address filter will only keep clueless idiots out of your wireless network.

    15. Re:Motive? by thesnarky1 · · Score: 1
      If I recall correctly, at one point the government standard for "clean" was around 10 wipes of a program like the one you described above. Though it might have alternated between 1's and 0's (first pass 0, second 1, etc).

      Again, if I recall correctly, a smaller number of passes, say.... two, doesn't cut it. I know people who claim to be able to still get data from there. Whether it'd be reliable, I dunno.

      But, how they could tell "This has been zeroed maliciously" verus "he cleaned his drive like a responsible person during a reformat and was going to put an OS on" I don't know.

    16. Re:Motive? by Gravis+Zero · · Score: 1

      hmm... it must be only /dev/random

      --
      Anons need not reply. Questions end with a question mark.
    17. Re:Motive? by OmgTEHMATRICKS · · Score: 1

      "This is typical of the big media companies now, just like the Mafia"

      What's the difference?

    18. Re:Motive? by WoTG · · Score: 1

      G4U (easy to Google) has a link to a really simple utility that does just that - create a big file of 0's (in Windows).

    19. Re:Motive? by Anonymous Coward · · Score: 0

      That's would be useless....
      What he has done was just a factory format ( not sure about the english term ).
      Any "rescue disk" shop could retrieve the data from the disk ( well at least not the worthless one ).

    20. Re:Motive? by ChadN · · Score: 1

      Yes, /dev/random is more like what you describe; it only doles out bits as enough entropy is collected to provide "true" randomness (which, unless you have special hardware, is not enough for Gigabytes of data in any short period of time).

      Most of the time, users should be using /dev/urandom for their needs. /dev/random should generally only be used by people implementing cryptographic protocols, etc.

      --
      "It's overkill, of course. But you can never have too much overkill." - Anonymous Slashdot Coward
    21. Re:Motive? by flewp · · Score: 1

      But isn't that 100k number the *fine* imposed by the FBI? I don't believe it says anything about the actual distributor/creator/etc of the movie being entitled to 100,000 USD.

      --
      WWJD.... for a Klondike bar?
    22. Re:Motive? by mwvdlee · · Score: 1

      Perhaps this has to do with the man's profession.

      A lot of companies (i.e. financial, goverment contractors) and goverment organizations require obsolete harddrives to be either seriously cleaned by software or anything to completely melting the physical discs inside the harddrive, all for completely legal reasons.

      It may well be that the man had some highly confidential information on the system, due to his profession, which needed to be undergo such a removal procedure.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    23. Re:Motive? by KDR_11k · · Score: 1

      If you ignore their product the media company will ignore you. The mafia will come to you whether you ignore them or not.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    24. Re:Motive? by Splab · · Score: 1

      Also even if the poor bugger have a locked MAC address, that doesnt imply that someone else can't set their network card to that MAC address.

    25. Re:Motive? by sbryant · · Score: 1

      create a huge file of all zeros and delete it?

      Actually, yes!

      It's reasonably safe to assume that nobody is going to do a low level examination of magnetic patterns on the platter surfaces to see what was there before it was overwritten; that's quite expensive. (If you're paranoid, overwrite multiple times with different values.)

      Try this (as root):

      dd if=/dev/zero of=/ZERO
      sync
      rm /ZERO

      Repeat once for each partition. If you're on Windows, you could make a program which writes bytes of a certain value to a file. Make sure the data is written to the disk before deleting the file.

      We actually use this for another reason: if you do any disk imaging, "cleaned" partitions/disks compress much better!

      -- Steve

    26. Re:Motive? by Anonymous Coward · · Score: 0

      Formatting won't necessarily overwrite any data.

      Writing random data across the area you wish to clear makes the data that was there effectively unrecoverable. There are currently no known methods to reconstruct the data. If they know you wrote zeroes they can at great expense analyse the disk under a microscope and potentially recover what you erased. It is extremely slow and very expensive though.

    27. Re:Motive? by trezor · · Score: 3, Informative

      Deleting a file doesn't actually get rid of the info. I believe it simply rids the FAT (File Allocation Table) of the entry for that file.

      In the case of FAT it doesn't even do that. Get any decent filesystem editor and you will see that only the first letter in the filename has been replaced by another character telling the OS to ignore the entry. That's why you had to provide the first letter in the filename when undeleting with any given recovery tool back in the DOS days.

      In the case of NTFS, I do believe that the actual filesystem-entry is removed. Because undelete in NTFS takes freakin' decades. Even for small amounts of data.

      --
      Not Buzzword 2.0 compliant. Please speak english.
    28. Re:Motive? by HoosierPeschke · · Score: 3, Informative
      --
      Mr. Universe: "They can't stop the signal, Mal. They can never stop the signal."
    29. Re:Motive? by Anonymous Coward · · Score: 0

      The program we use for this is called BCwipe. Basically it wipes the drives empty space to all 0's, then back to all 1's seven times. We use it for classified cleanup on machines without having to rebuild the whole machine from scratch. Basically it takes a long time to run, depending on your hard drive speed and size. On average an 80GB drive will take about 12 hours or so to run about 7 times. http://www.jetico.com/index.htm#/bcwipe.htm

    30. Re:Motive? by E8086 · · Score: 1

      All of that is assuming they got the right IP and time stamp. I like saving power during the overnight hours and just turned on my cable modem and oh look, my IP is different. So 20min ago it could have been assigned to someone using edonkey or some other file sharing application for some "piracy"(ARRRG!!!) related activity. If the **A's "agents" were to record the incorrect time, maybe they forgot about daylight savings time or are on metric time, they error could implicate me. One of the few "advantages" of DSL is you're guaranteed a different IP, at least around here, everytime you connect so there's always the chance you're receiveing traffic requested by the previous user. And a possibly unsecured wireless connection could help, we all know how "secure" wireless connections really are, not secure.

      --
      F7 doesn't work, ignore spelling and grammar
    31. Re:Motive? by enjo13 · · Score: 1

      Except of course that this article is nothing like what you describe. It is extremely light on details as its more or less a synposis of what I'm supposing was a on-air story. It portrays the plaintiff as more of a victim of his own ignorance.. I would expect that a giant media conspiracy would want to portray him slightly differently.

      Of course this IS Slashdot, idiot conspiracy theories are all the rage around here I suppose.

      --
      Turn s60 photos into awesome videos with mScrapbook for all S60 3rd edition phones!
    32. Re:Motive? by CFBMoo1 · · Score: 1

      The other thing about the wiping is maybe the computer was just purchased used. The previous owner wiped it that clean or maybe he had it wiped that clean to remove old software that wasn't licensed to him. Even I had to zero out a drive completely in order to reinstall an OS correctly a few times because old OS's or virus's just wouldn't go away.

      --
      ~~ Behold the flying cow with a rail gun! ~~
    33. Re:Motive? by ThePhilips · · Score: 1

      That's actually why most pirated DVDs and movies have that warning/copyright info deleted. (*)

      I normally recognize pirated stuff from original by presence of the overlong legal statements. True pirates normally do not reproduce it.

      So if you have bought pirated DVD, you might see no warnings whatsoever. And copyright statement could be (intentionally made) incorrect too. I'm not sure how court would regard distributing copies made off pirated copy. Technically (if you stopped distributing upon noitice from copyright holder) you have seen no copyright statement so you are not guilty. Guitly would be the guy who sold you the original pirated copy.

      (*) This is where actually DRM-like crap started creeping into DVD standard: MPAA wanted a "cannot skip" flag for particular section of video. Ever tryed to skip that green/red warning? - most DVD players will err with "Not Permitted" message. (In the time, everyone was afraid that cheap retailer might use that for advertisments. Thanks God that didn't happened.)

      --
      All hope abandon ye who enter here.
    34. Re:Motive? by CristalShandaLear · · Score: 1

      And, one might ask, how can they establish that this alleged uploading cost them $100,000.

      Exactly.

      The more I read stories like this lately, it's not the "crime" but the "penalties" that seem so outrageous. I mean, everyone knows now that legitimate downloads are nowhere near $100K per download.

      It's like they're pissed at all downloaders. Not just the ones they call "pirates" but legitimate downloaders too, for lowering the price and making them change the way they do business for something they thought they had on lock.

      I went to the Paramount Website. Their "Movies on Demand/ PPV section", gives a a short list of movies they have available for download and it tells you that they are available at Movielink.com. So you follow that link and find that Movielink will allow you to "rent" downloaded movies which you can "keep" for 30 days, or you can (still in beta) "purchase" movie downloads to "keep on your hard drive" for the price of $8.99 USD.

      I'd like Paramount to definitely explain the difference between whatever their portion of the $8.99 is and $100,000 and why they think they deserve anywhere near that difference for a download that cost them nothing.

    35. Re:Motive? by Zeeke75 · · Score: 1

      You are correct in your description of the utility. There are actually many of them on the market and they all pretty much do the same thing. Depending on the options chosen the utility will write a specific pattern to the drive and render any data on the drive inaccessible (usually even to professional data recovery companies). There are also specific patterns required by the Department of Defense that many of these utilities incorporate.

      Doing a normal format on the drive (by using the utilities built into Windows, etc) only eliminates the partition table and indexes, but does not clear the actual data from the drive. With no partition table or indexes, the operating system will eventually over-write those sectors with new data. However, until those sectors are actually used it is possible to get the previous data off of the drive. This can be done with several software data recovery utilities on the market as well.

      The only problem I have with the "blanked" hard drive is that those utilities usually take several hours to run (depending on the capacity of the drive). This would mean that someone would have to know ahead of time that their computers were going to be checked. Otherwise, investigator's would still be able to get information from the drive. If the guy in this article had blanked his drives before they could be seized, then he's either psychic, got tipped off that someone was coming to investigate, or he really is innocent. Or, now that I think about it, they guy really isn't such a novice and managed to swap out his drive with a blank one before the computers could be seized.

      Any way you look at it I think the blanked hard drive will prove to be a huge obstacle for the fine and any additional punishements to be handed down by the legal system.

    36. Re:Motive? by SatanicPuppy · · Score: 4, Insightful

      The big problem with trying to secure wipe your drive is that it takes hours...Not really the kind of thing that you can do with the feds beating on your door. Even a secure wipe of the slack space (deleted files, swap file, etc) would take a significant amount of time.

      You'd have to be savvy enough to know you need to secure erase, paranoid enough to think you might be nailed at any time, and proactive enough to schedule erasure for every night at 5:00am (Bedtime).

      It's not that I don't think that a person could be those things. I do think, however, that a person who is ALL of those things would be unlikely to be mistaken for a neophyte by anyone.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    37. Re:Motive? by boristdog · · Score: 1

      Yog, I agree with you 100%.

      But I really just wanted to thank you for being one of the first people I've seen on the Internet to properly spell and use the phrase "toe the line". We need more like you.

      -Boris

    38. Re:Motive? by JediTrainer · · Score: 1

      Speaking of which... I do the same. But has anyone found a tool that can zero out the slack space at the end of each file? Unused blocks are easy to fill with zeroes, but partially used ones are a bit harder to pull off.

      I would expect that that would be able to get much better compression when you create your images.

      --

      You can accomplish anything you set your mind to. The impossible just takes a little longer.
    39. Re:Motive? by AnonymousJackass · · Score: 1

      I recently found "Window Washer", which does an awesome job of cleaning up a whole slew of crap from my computer including all the stupid little traces that IE leaves, and any unecessary logs from the apps I have installed. Additionally, there an option called "bleach" where you can get it to sweeep over unused disk space and write random 1's and 0's. You can choose the number of sweeps, from 1 to whatever. The more sweeps you do, the "cleaner" your drive is. (The DoD standard for "cleaning" hard drives is seven sweeps)

      Actually, going back to the article in question, it wouldn't suprise me if the dude didn't use some sort of hard-drive cleaner to wipe all 'undesirables' off his computer. That would be more fitting with his "four-computers tech-savvy" appearance...

    40. Re:Motive? by SatanicPuppy · · Score: 1

      100,000 is the maximum fine as well. I think we can all agree that Coach Carter was not worth the maximum fine.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    41. Re:Motive? by SatanicPuppy · · Score: 1

      From the article, it sounds like the guy has an open WAP, so even if it does have his IP and MAC address, without evidence that he physically had the movie at some point, they can't prove a thing.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    42. Re:Motive? by dwandy · · Score: 4, Insightful
      To the best of my knowledge, though, they wouldn't be able to prove that he did it as a result of their arrival. Circumstantial at best. Personally, I could see an innocent man OR a guilty man doing the exact same thing.

      This reminds me of the "you have encryption tools, you must have something to hide" bit from a couple of months ago...
      There is absolutely nothing illegal about having encryption tools, or having wiped your HDD with something stronger than a format.

      Try:
      He is cleaning an axe: he must be an axe murderer.
      She has covered a car: the car underneath must be stolen.
      He paid cash: he must be engaged in tax evasion.

      There are lots of activities that honest people engage in every day for reasons that are their own ... I think the reason we see this is because poeple don't understand technology, and so anything can be considered dangerous, malicious or evidence of illegal activity.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    43. Re:Motive? by pantherace · · Score: 2, Informative
      The problem is that if someone is sufficiently interested, zeroing it out will not actually provide security, because the physical bits will retain a small charge in the direction of their prior value. According to the rumor mill, NSA, and possibly others can retrive data after up to 7 rewrites. Admittedly, one has to wonder what you are up to to get that much interest in your hard drive.

      The zeroing before backups is a good idea. It's also good to use inside emulators like qemu, which support holes in the files, so if you copy a file, it doesn't take up the whole space.

    44. Re:Motive? by AviLazar · · Score: 1

      I may not have all the details 100% right (... corrections gratefully welcomed!) but the gist of my point is this: If they took his computer, noticed the HD was totally blank even though it looked like it should at least have an OS on it, and they analyzed and found out that something more serious than a basic format had occured, they'd have justifiable reasons to believe that he blanked it intentionally to remove incriminating evidence. To the best of my knowledge, though, they wouldn't be able to prove that he did it as a result of their arrival. Circumstantial at best. Personally, I could see an innocent man OR a guilty man doing the exact same thing.

      But isn't that like saying "He was wearing gloves at the bank so his fingerprints wouldn't get all over the place"....when in reality, its winter time and the guy was wearing gloves to keep his hands warm. This would (as you said) at best be circumstantial evidence.

      This is not, however, a criminal suit but a civil suit and as such they do not have to prove beyond a reasonable doubt....in fact, they would just be happy to make this guy suffer some money when he has to go pay a lawyer. Similar to OJ Simpson...Criminal courts found him not guilty, Civil courts made him pay through the nose for his non-guilty acts.

      --

      I mod down so you can mod up. Your welcome.
    45. Re:Motive? by TheLink · · Score: 1

      Yep. I use a perl script on my Windows machine. For me it's not important that every last bit of unused space is zeroed - it's just to make things compress better.

      But before you do such things it may be a good idea to do a full file system check, to fix your drive. If you think your file system is not in a good state, don't do it at all, just make the image.

      For these sort of things I prefer to use lzop instead of gzip for compression even though it doesn't compress as well it is much faster.

      But given a fast enough CPU (or a slow enough drive ;) ), gzip should be able to compress at the drive's max throughput.

      --
    46. Re:Motive? by Kuscheltier · · Score: 1

      May I ask you the following:

      In one country, evidence indicating that something was removed counts as evidence itself.
      In the other it doesn't.

      Which of the two is fair? Which of the two does not tend to be missused?
      I dislike using terms like fascism and dictatorship, but this is one the things which tip the balance between a free nation and both of the former.

    47. Re:Motive? by cduffy · · Score: 1
      Innocent until proven guilty
      This is a civil, not a criminal, matter. (Well, nowadays it could be both, but in this particular case it'll certainly be civil). Civil cases only need to be won by a "preponderance of the evidence", not "beyond a reasonable doubt", and there's no grand jury to deal with. It's a much easier standard to meet.
    48. Re:Motive? by TheLink · · Score: 1

      "Gadzooks, man, what are you using, dd | gzip? Get yourself a program that just copies the used sectors into your image file!"

      knoppix (using the noswap boot option). I only do the zeroing sometimes. It's no big deal to me - nowadays most of my main drive is used anyway.

      The specific programs I often use for making drive images are: dd, lzop, sometimes ssh, sometimes netcat, sometimes split and smb/cifs mount.

      gzip is a bit too slow on most hardware I have or encounter. I can usually get at least 30MB/sec with lzop, sometimes even through SSH connections (note: using RC4 tends to be faster than the default though it's not as secure).

      --
    49. Re:Motive? by da5id+car1ad · · Score: 1

      Simply zeroing out sectors of a HDD is not a crime, nor proof of one unless you can prove what was zeroed out. Just owning a gun is not a crime, just owning code is not a crime, just owning a computer is not a crime. Remember, in America it's supposed to be INNOCENT until proven GUILTY.

      --
      /da5id
    50. Re:Motive? by Anonymous Coward · · Score: 0

      If you really want secure data destruction, you want a thermite charge in an enclosed space (be sure to provide venting)

      This is supposedly what the data center at Sealand does (or claims to do) when the authorities demand data from them.

    51. Re:Motive? by Anonymous Coward · · Score: 0

      And if he bought the computer from someone second hand who previously wiped the drive?

    52. Re:Motive? by TheLink · · Score: 1

      Who said anything about zeroing stuff for security?

      --
    53. Re:Motive? by TheLink · · Score: 1

      It'll be unlikely you'd save that much space unless most of your files are all one or two blocks in size.

      --
    54. Re:Motive? by squiggleslash · · Score: 1
      Technically (if you stopped distributing upon noitice from copyright holder) you have seen no copyright statement so you are not guilty.
      I don't believe this is the case. The copyright notice is meant to put the fear of God into you. It isn't a notice whose presense or absense determines whether you can freely copy and redistribute the copies to millions of anonymous strangers.

      In the US, as in most parts of the developed world, copyright is automatic when you create something. You don't have to assert it, and with a few, smaller than most people think, exceptions, anyone who copies your work without explicit authorization, whether they do so knowing it's copyrighted or not, is in breach of copyright.

      The exceptions are "fair use", which is a woolly term but generally (but not always) applies to things like time-shifting (recording for later, one-time, use), copying that's a required part of using (such as installing software on a hard disk), and any conflict between copyright and the first amendment (such as parody or reviews), and copying some things that have been ruled uncopyrightable (such as passwords - see Lexmark's inkjet cartridges case.)

      So yeah, relying upon the lack of a copyright notice does not protect you against copyright lawsuits. If it did, you wouldn't see the RIAA successfully suing so many P2P users - all they'd have to do to defend themselves is claim they didn't have the original CDs, after all, and the RIAA wouldn't have a case against them.

      --
      You are not alone. This is not normal. None of this is normal.
    55. Re:Motive? by SailFly · · Score: 1


      Here is one such secure file wipe/delete utility....

      http://wipe.sourceforge.net/

    56. Re:Motive? by Anonymous Coward · · Score: 0

      PGP does this or at least used to. I think all that extra writing would wear your hardrive out alot faster. Besides if he wasn't doing wrong why would he wipe his drive so much? Wiping your drive doesn't delete your index.dat file and any site he went to would still be listed for anyone to see, not to even mention all the registry enties for sites visited and document names that various programs store there and god know where else microsoft hides this stuff.

    57. Re:Motive? by squiggleslash · · Score: 1, Interesting
      At a guess, they're demanding $100,000 as a deterent? I mean, be honest, if the most you could be fined was the price of the CD or DVD you copied, then that's not a deterent, you'll either get caught, and have to pay what you would have had to pay anyway had you and your friends not been freeloaders, or you'll not and save money.

      Paramount would probably argue, with some justification, that the first person who distributes the DVD on a P2P network may have caused that level of damage anyway. If it ends up going to a little over 10,000 people, directly and indirectly, then that's potentially 10,000 less DVDs sold. (Yeah yeah, I know Slashdotters would only ever download a movie to check out the director, fully intending to buy original DVDs of that director's complete range of movies if they like it...)

      --
      You are not alone. This is not normal. None of this is normal.
    58. Re:Motive? by Anonymous Coward · · Score: 0
      "This is typical of the big media companies now, just like the Mafia"

      What's the difference?

      The difference is that the Mafia at least try to maintain a sense of honor.

    59. Re:Motive? by poot_rootbeer · · Score: 1

      I remember reading somewhere that the NSA uses wiping software that blasts a sector with random 0's and 1's something like 7 times before it's considered secure.

      And doing that for an entire movie file's worth of sectors is going to take quite a while to get through. So if this guy did wipe his drive at some point, it wasn't that he waited until the men in uniform were pounding on his front door.

      That's why I keep all my sensitive data on CD-Rs. Five seconds in the microwave and it's unreadable.

    60. Re:Motive? by budgenator · · Score: 1

      From what I understand real shredding program write a series of bit patterns, because of disk encoding schemes, just writing #00, #FF a couple times doesn't guarentee that all of the bits on the physical media get flipped enough, well for military/government grade shredding anyways.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    61. Re:Motive? by AnonymousJackass · · Score: 1

      I'm repeating myself from another post but I'm sure no one will notice nor care... "Window Washer" takes care of slack space and does a whole lot extra too.

    62. Re:Motive? by Nerd_52637 · · Score: 1

      It takes quite a while to properly "clean" a hard drive. Depending on the size, it could take 4 or 14 hours. I wonder if he had any warning that the Man was coming to take his stuff?

    63. Re:Motive? by dodobh · · Score: 2, Funny

      EMPs can do the trick.

      --
      I can throw myself at the ground, and miss.
    64. Re:Motive? by MemeRot · · Score: 1

      Hours?

      With software, yes. With a big magnet about 5 seconds.

    65. Re:Motive? by macemoneta · · Score: 3, Interesting

      Zeroing a drive is not just for privacy; it's useful when you need to perform recovery operations as well. I regularly zero the free space on my drives for just this reason. I use an ext3 filesystem, and have twice in the past had an "oops" moment where I managed to erase an important file. I was able to recover the file by simply grep'ing the /dev/hdx device. In this case, zeroing the free sectors in advance prevents false positives. If law enforcement personnel use a zero'd drive as an indication of wrong-doing, then they would be making the same erroneous assumption.

      --

      Can You Say Linux? I Knew That You Could.

    66. Re:Motive? by compro01 · · Score: 1

      that is why, if you REALLY wanted to wipe a drive, you would use the Gutmann Method (http://en.wikipedia.org/wiki/Gutmann_method)

      though even then, it is remotely possible that the bits "drifted" as each bit on a hard drive is made up of roughly 100 particles, and there's no guarantee that all the particles that used to make up a bit of a sensitive file were overwritten (you could likely recover the bit if 1/4 of the particles were still unoverwritten), due to the head being a very small distance off, which isn't real hard to imagine happening when that minuscule spot is only under the drive head for about 8 milliseconds (for a 3.5' platter, 7200 RPM drive) if my math is right.

      --
      upon the advice of my lawyer, i have no sig at this time
    67. Re:Motive? by Floody · · Score: 3, Interesting

      Hours?

      With software, yes. With a big magnet about 5 seconds.


      Dead Man Switch

      Three-phase 30amp degaussing coil rigged around non-metallic drive enclosure, connected to relay and microswitch attached to non-accidentally-accessible desk underside. In event of catastrophic law enforcement condition, broil at 1.8 teslas for 15 seconds, season to taste and serve.

    68. Re:Motive? by UnknowingFool · · Score: 1

      Yes, you are correct, formatting does not always remove the data. I think law enforcement may have the tools. However if he had an erasing program like Eraser, it would securely wipe out his data. It writes over the exact data bits 53 times to ensure no one could ever recover the data.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    69. Re:Motive? by vertinox · · Score: 1

      The big problem with trying to secure wipe your drive is that it takes hours...

      Unless you have really powerful magnets. But most people don't don't have a MRI Machine in their basement. ;)

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    70. Re:Motive? by bigpat · · Score: 1

      I do agree that circumstantial evidence seems to suggest he's a bit more tech savvy than one might think, but on the other hand, a tech-savvy person can also get their network broken into or their password stolen.

      I'd say that you'd have to be pretty ignorant to think that your home wireless network couldn't be broken into even if you have the security settings turned on. Like assuming your house can't be broken into just because you locked the door. The guy may or may not have done it, but they had better need to get more evidence than just the log that the content was posted from his network.

    71. Re:Motive? by nutrock69 · · Score: 1

      - This is where actually DRM-like crap started creeping into DVD standard: MPAA wanted a "cannot skip" flag for particular section of video. Ever tryed to skip that green/red warning? - most DVD players will err with "Not Permitted" message. (In the time, everyone was afraid that cheap retailer might use that for advertisments. Thanks God that didn't happened.)

      Doesn't look like anyone replied about this yet,so I hope I'm not about to dupe...

      According the official spec (I may be wrong) the "do not skip" flag can only be used for the FBI warning. However, there are DVD manufacturers that use the "do not skip" flag for commercials as well. Disney comes to my mind first, though I do have DVD's (official & store-bought) from other big-name companies that make me sit through 5-10 minutes of ads before they'll let me watch my disc. It's a huge PIA and a great incentive to use my fair-use-protected-rights to make a legally-entitled personal-use-only backup of the disc just to clear the flag when I watch it...

    72. Re:Motive? by AxemRed · · Score: 1

      The program Eraser will do that for you.

    73. Re:Motive? by Prophet+of+Nixon · · Score: 1

      How does a mac address filter only keep out the idiots? Its not a deny list, its an allow list, so they'd have to already know the mac of a machine inside my network... a machine already in my home, and at that point I have worse problems than an idiot trying to use my wifi anyway (and so does the idiot if I'm around).

    74. Re:Motive? by Ihlosi · · Score: 1
      so they'd have to already know the mac of a machine inside my network...

      Guess what's plainly visible in every packet sent by a machine inside your (Wifi-) network ? ... Bingo. The attacker only has to wait until the machine in your network isn't active, set the MAC address of his WLAN adapter to that address, and he's in if there are no other barriers.

    75. Re:Motive? by DustMagnet · · Score: 1

      If law enforcement personnel use a zero'd drive as an indication of wrong-doing, then they would be making the same erroneous assumption.

      It's not erroneous if you zeroed it between the time you learned you were going to be search and when the search took place. The article in question leaves out many useful details.

      --
      'SBEMAIL!' is better than a goat!!
    76. Re:Motive? by AJWM · · Score: 1

      That may be one reason why Disney doesn't use the official DVD logo anywhere on their discs or packaging. Instead, they're "Disney DVD"s, with Disney's own logo for them.

      --
      -- Alastair
    77. Re:Motive? by jp10558 · · Score: 1

      Not anymore. New HDDs actually hide the low level access from software, so there is no easy way to know what patterns if any to write. According to Gutmann, ever since IDE drives hit the scene, just writing several times (5-7) is the best you can do.

      --
      Opera, Proxomitron-Grypen,GPG 0x0A1C6EE3
    78. Re:Motive? by Prophet+of+Nixon · · Score: 1

      Hmmm... I'm probably wrong here since this isn't really something I know about, but isn't the MAC on packets available outside of the network the MAC of the router itself, and not of the originating machines?

    79. Re:Motive? by SCHecklerX · · Score: 1

      The shred utility in linux does this. The way that I wipe drives is to boot with the knoppix STD CD without the gui, and then just run shred. Doing a whole drive is as simple as 'shred -n 2 -z -v $device' (increase the n value to match your level of paranoia, but be prepared to wait for it).

    80. Re:Motive? by John+Hurliman · · Score: 1

      Maybe he just stored all his illegal/copyrighted material on an external drive, and threw it in the river when he got a cease and desist letter?

    81. Re:Motive? by Phishcast · · Score: 1

      But a person could use a stongly encrypted filesystem with the key on a USB drive. If someone comes looking to take your data, just smash the drive and flush it.

    82. Re:Motive? by Anonymous Coward · · Score: 0

      Why don't you just use tar and dd together? This way, you don't have to write zeroes, because you're only copying and compressing files that are actually allocated!

      Maybe something like "tar -cf - . | dd of='/yourfile'"

      If you're going straight to tape, throw a -z in the tar, if you're not, you can gzip the result afterwards, if that serves you better.

      To restore: "dd if=/yourfile | tar -xf -"

      I guess I don't really understand the utility of using dd if you're not working with block devices like tapes or vitrual drives for whatever reason. But there it is.

    83. Re:Motive? by smoker2 · · Score: 1
      I have a small collection of disk wipers / managers here. Follow the install link for newer versions and original files.

      Be aware that the files I have are primarily for wiping drives completely !

    84. Re:Motive? by Anonymous Coward · · Score: 0

      Yes, you can use Kremlin Wipe to deal with the slack space at the end of files. http://kremlinencrypt.com/wipe.htm

    85. Re:Motive? by MagnusDredd · · Score: 1

      Multiple pass wiping is included in the OSX Disk Utility program. 10.3 supports an 8 pass random wipe.

      This is the diskutil man page from 10.4
      NAME
                diskutil -- Modify, verify and repair local disks.

      SYNOPSIS
                diskutil verb [options]

      DESCRIPTION
                diskutil uses the Disk Management framework to manipulate local disks.

                secureErase [freespace] level device
                                      Securely erase a disk or freespace on a mounted volume. Level should be one of the following
                                                      1 - Single pass randomly erase the disk.
                                                      2 - US DoD 7 pass secure erase.
                                                      3 - Gutmann algorithm 35 pass secure erase. Ownership of the affected disk is required.

      There is of course a easy to use GUI version of this.

    86. Re:Motive? by jotok · · Score: 1

      Yes. But we're talking MAC address "inside" the wireless LAN. That is, between your laptop on the couch and the wireless router in your office.

    87. Re:Motive? by cayenne8 · · Score: 1
      "What utilities are available to do this? (zero out drives)"

      On linux...try 'wipe'. If using Gentoo, just emerge wipe, and it will install. check out the man pages to see how it works.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    88. Re:Motive? by rackpirate · · Score: 1

      Your comment "shaking him down" is a very familiar tactic of the Music Police.

      For years, BMI, ASCAP, SASAC, Harry Fox, et al, have been shaking down restaurants and businesses for playing the radio, jukeboxes or recorded music for ambiance.

      Lawsuits like these along with the recent Sony gaffe are signs the industry is in a state of panic and will shoot at anything that moves. The problem for them is purely PR. Few think downloading a song is really illegal but many do think pursuing mom and pop is wrong.

    89. Re:Motive? by d34thm0nk3y · · Score: 1

      EMPs can do the trick.

      Besides, the fine for owning a tactical nuclear device is probably less than the the copyright suit to begin with!

    90. Re:Motive? by Anonymous Coward · · Score: 0

      In the case of FAT, the first character in the directory entry is tagged. The cluster chain in the FAT is zeroed out to reclaim the space. However, the directory entry points to the first cluster in the file; if the hard drive was regularly defragmented, figuring out where the rest of the file was is trivial.

      In other words: the FAT needs to reflect what space on the HD is being used; when a file is deleted, it must be updated to reflect that. The ease of undeleting in FAT is purely because of the amount of data kept in the directory entry, which is not actually deleted until a new file is created in that directory.

    91. Re:Motive? by Anonymous Coward · · Score: 0

      I'm curious what they believe the motive would be for wiping his drive. It's not something you do on a moment's notice. Are they going to claim superparanoia? He wipes the drive after each illegal download?

    92. Re:Motive? by ScrewMaster · · Score: 1

      On the other hand ... a simple thermite charge wired beneath the hard drive bay would provide a rapid and highly secure wipe of all data.

      --
      The higher the technology, the sharper that two-edged sword.
    93. Re:Motive? by rob_squared · · Score: 1

      And ShredR for our Macintosh friends:

      http://www.mireth.com/pub/sxme.html

      --
      I don't get it.
    94. Re:Motive? by rob_squared · · Score: 1

      Or you can melt them like HIPAA suggests.

      --
      I don't get it.
    95. Re:Motive? by flewp · · Score: 1

      I dunno, distributing a movie such as Coach Carter should carry a fine... even if it's the official distribution from Hollywood....

      --
      WWJD.... for a Klondike bar?
    96. Re:Motive? by Damvan · · Score: 1

      "The absence of evidence is not evidence of absence"

    97. Re:Motive? by Bake · · Score: 1

      I seem to recall that files were renamed such that their new name was the old name only with \0 (null terminator) as its first character.

      That's one of the reasons that the old DOS undelete command prompted you for that very first character of the filename being restored.

    98. Re:Motive? by Hosiah · · Score: 1
      This is typical of the big media companies now, just like the Mafia:

      Leaving aside the fact that Mafia bootleggers did not piss in the booze they sold.

    99. Re:Motive? by iNetRunner · · Score: 1

      You know there are programs that can securely erase individual files (like these) so it wouldn't take very long to do it. Though it most probably takes more time than you can make the police stand behind your door. =) But really, if he really did upload the movie, he wiped the movie after sending it (if he is paranoid :) or, more likely, he wiped it after he heard that Paramount or someone was on to him. (And then Paramount or police would find that he had wipe/sdelete/srm/etc. installed.)

      --
      Store with salt
    100. Re:Motive? by The+Warlock · · Score: 1

      You say this as if you were joking.

      --
      I've upped my standards, so up yours.
    101. Re:Motive? by Prophet+of+Nixon · · Score: 1

      Ok, so how does someone outside discover my inside MACs in order to spoof one and gain access when my machines are gone/off?

      Wouldn't they need to either physically breach the place (there are bigger problems than some wifi shenanigans) or have a trojan already inside that reports it to them/connects to the outside (my security is already breached through some other means)?

    102. Re:Motive? by jotok · · Score: 1

      Yes, they need to by physically located on the same network as you.

      Only thing is, the physical layer here is a broadcast medium. Any receiver within range of your transmission is already physically inside your network, while the access controls you have in place (encryption, for example) keep them logically outside the network.

      Unfortunately wireless security is trivial to break, especially if someone monitors the initial connection between you and your router (but this is still not necessary). So unless your machines are always gone or off, it is possible for someone to defeat all the access controls and use the router.

      Alternately, yes, someone could schwack your router. Unless you have yet to change the default login & password, then this is less likely that someone (e.g.) simply breaking your encryption.

      If this is really a concern for you, check out the SANS Reading Room wireless section at http://www.sans.org/rr/whitepapers/wireless/.

    103. Re:Motive? by JediTrainer · · Score: 1

      Cool. Except it looks like a Windows product. What about Linux? I would need ext3 and Reiserfs support...

      --

      You can accomplish anything you set your mind to. The impossible just takes a little longer.
  19. 2 things: by Zunni · · Score: 5, Insightful

    1) Is anyone else extremely troubled by the following line from the article "A DVD that retails for $21.99 could cost a local man more than $100,000,".
    Seriously? $100,000? Quick math tells me that he would have had to share the movie 4,547 and 1/2 times to have shared enough copies to equal that price tag. I get the idea of a deterent but man. Side note even if the film was compressed to around 700 megs or so (to fit on a CD) that would take 3,183,265 and some change megabyes of bandwidth (3 terabytes if my late nite mind is still working at all) to share that file that many times. Seems a little unlikely the punishment fits the crime.

    2) Isn't there a burden of proof on the prosecution in this case? Don't they have to show he was the one responsible for uploading the file? If someone steals my car then commits a drive by shooting, I can't be held responsible, can I? To me, having an open wireless access point seems perfectly reasonable (if that is your preference) and it would seem to be a tough sell to get a judge to fine this guy when there's no evidence he did anything wrong and he can produce a line of reasonable doubt.

    I'm not up to date on case law in the US, so maybe I'm wrong but seems really shaky at first glance.

    1. Re:2 things: by Anonymous Coward · · Score: 0

      It may be that copyright law allows them to seek damages that high for each incidence of copying. yuck.

    2. Re:2 things: by Sheltim · · Score: 1

      To reply to #2, as I understand US law (and remember, IANAL), if he had an open access point it's more the equivalent of leaving your car unlocked with the keys in the ignition. There's a chance that the procecution can get him as an accomplice or otherwise abeting the "theft". This is even more possible if he obviously didn't take due diligence with his access point, such as restricting the transfer amount in a given time period of unauthorized connections, blocking ports commonly used for malicious/illegal activity, etc.

    3. Re:2 things: by Anonymous Coward · · Score: 0

      you forget, reasonable or no, they can get away with it.

      the term corporate america has never been more true, the USA is less and less a nation and more of a economic entity.

      cash and corporations are king, the bigger they are the more pull they have.

      i mean really, how does the RIAA get premission to optian confidential records? a corporation cant get a search warrant, thats up to the police.

      Sweden has it right, its a civil case, not a matter for the police, well without police investigative powers thers not much you can do is there?

      RIAA "we want confidential information so we can extort money from grandmothers and grade school kids"

      ISP "thats confidential information, lets see a warrant"

      RIAA "we dont have one"

      ISP "go fuck your self."

    4. Re:2 things: by cpt+kangarooski · · Score: 4, Informative

      What makes you think that the numbers are the product of something else? Why can't it be arbitrary?

      In fact, statutory damages for copyright infringement in the US are arbitrary. They range from $750 - $30,000 ordinarily, rarely go as low as $200, and can fairly easily go as high as $150,000. And that's per work infringed, not the number of infringements (i.e. make a million copies of a movie, and it only counts once; make one copy each of two movies, and it counts twice).

      Even where only the minimum amount (almost inevitably $750 per work) is claimed by the plaintiff, multiplying this by a large number of works (e.g. 100 songs is $75,000) can still be very significant to individuals.

      Regarding proof, this is a civil case, not a criminal one. While the plaintiff (not prosecutor) has to prove that the defendant infringed, he merely has to show that it is more likely than not that the defendant infringed. Open WAPs aside, the person who uses your WAP most is likely to be you, especially if you don't show that it was in fact someone else, that the files were never on your system, etc. I'm plenty sympathetic here, but honestly, I think the odds are at least marginally in favor of the perpetrator not being a third party, and that's all it takes to satisfy the relevant standard.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    5. Re:2 things: by Anonymous Coward · · Score: 0

      What makes you think that the numbers are the product of something else? Why can't it be arbitrary?

      I imagine a lot of people here are more familiar with the tradition of awarding genuine DAMAGES, i.e. compensation for DAMAGE done, for civil wrongs.

      The idea of punishing people for things determined on the balance of probabilities is deeply repugnant. By civilised standards, if the intention is to punish then this should be made a crime with all the safeguards for the accused that that entails.

      As a lawyer, I imagine you already appreciate how appallingly bad your legal system is. It's hard for a lot of other people to come to terms with that.

      No, misusing the term damages a lot, writing it into legislation and having the courts as willing accomplices does not make this acceptable. Hopefully you can see that. If not then there's something very wrong.

    6. Re:2 things: by kavau · · Score: 1
      I'm not up to date on case law in the US, so maybe I'm wrong but seems really shaky at first glance.

      Law in the US is really simple: the guy with the deepest pockets can hire the best lawyers, and hence will win the case.

    7. Re:2 things: by laughingcoyote · · Score: 1

      Absolutely agree with you. If someone is suing you for repairs to their car because you rear-ended them, or for the cost of a replacement window because you hit a baseball through it, that is recovery of genuine damages, and is indeed a civil matter.

      If any law allows recovery WAY over and above actual monetary damages by the -individual or entity- being sued, then they are not attempting to recover damages, they are levying a fine. That should absolutely require a criminal conviction with all the safeguards that guarantees (due process, innocent until proven guilty, guaranteed representation, strict rules of evidence, no warrantless searches, etc.) That can then also fall under the Eighth Amendment's guarantee that "excessive fines shall not be imposed".

      If you really want fair copyright enforcement, fine. Let law enforcement handle it like speeding-it's a common practice, you're never going to stop it, but you can occasionally give out a $50 ticket to slow it down a bit. $100,000 (or even $750) is excessive in the extreme.

      --
      To fight the war on terror, stop being afraid.
    8. Re:2 things: by Technician · · Score: 1

      1) Is anyone else extremely troubled by the following line from the article "A DVD that retails for $21.99 could cost a local man more than $100,000,".


      I think I will stop buying movies until I get my liability insurance up to par. ;-)

      --
      The truth shall set you free!
    9. Re:2 things: by cpt+kangarooski · · Score: 1

      I imagine a lot of people here are more familiar with the tradition of awarding genuine DAMAGES, i.e. compensation for DAMAGE done, for civil wrongs.

      And these are indeed damages. There are no punitive awards in copyright. However, Congress has set up a system of statutorially defined damages because they favor copyright holders above infringers, and want to offer the former an easy to use system to calculate damages. Working out actual profits and damages is relatively difficult and is felt to be inadequate to protect copyright holders sufficiently.

      For example, if A made one unlawfully made copy of one CD, a suit by RIAA for the retail price of a CD, even plus costs and reasonable fees, is too minimal to be worth pursuing. OTOH, if A can get away with it by being judgment proof, RIAA can be nickeled and dimed to death. Congress does not care for that, so they provide more effective remedies against A.

      It is quite similar to worker's comp, in which employees who are injured on the job can get pre-set amounts of damages awarded to them, rather than wasting court time litigating each and every case. The general concept of statutory damages is pretty well entrenched. Even I don't have a serious problem with the idea. I might dislike the amounts, or who they are applied to, but I don't think we could have an effective system without them. Given that they have long been a mainstay of the copyright system (e.g. the 1790 Copyright Act had statuory penalties of 50 cents per sheet, IIRC) I don't think they're going anywhere.

      The idea of punishing people for things determined on the balance of probabilities is deeply repugnant.

      I disagree, although civil suits are really more about redressing harms.

      By civilised standards, if the intention is to punish then this should be made a crime with all the safeguards for the accused that that entails.

      No. Not everything wrong should be criminalized; copyright infringement is a good example. Additionally, victims cannot cause their wrongdoers to be prosecuted, and so should not lose the opportunity to discourage wrongdoers from future wrongdoing, in cases where ordinary redress is insufficient deterrence.

      As a lawyer, I imagine you already appreciate how appallingly bad your legal system is.

      No, I don't. I think that the system is generally pretty good. There are specific areas of law that I would like to see improved, but generally I like the civil/criminal divisions, the allocations of burdens, the requirements of advocates for each side with a neutral judge, binding precedents, common and statutory law, and so on.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    10. Re:2 things: by thePfhitz · · Score: 2, Funny
      I get the idea of a deterent but man.

      Wouldn't "a deterent but man" be the goatse guy? That unfortunately makes me wonder what things would be like if they replaced the FBI warnings with his picture... I'm sure nobody would be wanting to copy movies then!

    11. Re:2 things: by Belseth · · Score: 1
      The real issue isn't how many downloads there were from his system but if he was the source of that version of the film being made availible for download. It's the old geometric progression. Say only ten people downloaded it but those ten set it up for download and ten people downloaded and so on. Remember the old trick of doubling a penny every day for a month, you wind up rich. Only a handful of copies may have been downloaded from his system but if he's the source of a hundred thousand downloads then it's a very big issue. If people are ripping crap like Coach Carter to the web then they aren't taking the legality of it very seriously so there is a problem. If it was just the blockbusters it would be less scary to the studios. A lot of bread and butter is in their libraries. Ted Turner made a fortune reissuing the MGM library. If they loose that revenue stream they are in a lot of trouble. The problem with the web is once a film gets uploaded it's potentially there for all time, translated the life of the current form of the web. The person might have even nievely said what harm can a couple of downloads do not realizing it got loaded onto half a dozen popular boards and got downloaded tens of thousands of times without his knowledge. It's kind of like say there's a pen full of a thousand cattle. Some one feels sorry for this one calf and opens the gate and lets the one calf out but leaves the gate open. A thousand cattle wander out but in this case once they are out of the gate there's no practical way to recover them. Gee he only let out one calf what's the big deal? Well he cost the farmer a thousand cattle which is a big deal.

      I always find I'm arguing against the party line on this issue but I have to ask why people are downloading? Is it to avoid paying? If so isn't this inherently wrong? There's all sorts of arguments about overpriced music and films but it's called free market. If you don't like the music or film don't buy it. Don't down load it for free and claim you're striking a blow for liberty. It's a gross rationalization. Is it okay to sneak into a film without paying? What if they sell ten tickets to the film and yet the theater is full? There's a premium others wind up paying. Software is a good example. I have licenses on all my software but most of the people I know download bootlegs of the expensive software. Software is expensive to write so if the majority download it's up to those that actually pay for it to cover the costs of developement. If more people paid rather than downloaded the costs would drop. Several of my softwares have dropped in price over the years because of an increased user base so it does happen. Why don't I just download it like everyone else? I want the companies to succeed and continue to upgrade and improve the software and that takes money. That's actually the secondary reason. The primary one being it's wrong. If you want to preview a software, a valid reason, most do have demo versions. I just downloaded a demo that had a full 30 day license. I fell in love with the software imediately and plan to buy the perminate license. The market is trying to adjust to demand, demo softwares being a way it's doing that, but simply avoiding paying hurts the companies and worse yet harms the ones that wind up having to pay extra because large numbers aren't paying and the money has to come from somewhere.

    12. Re:2 things: by Maestro4k · · Score: 1
      It is quite similar to worker's comp, in which employees who are injured on the job can get pre-set amounts of damages awarded to them, rather than wasting court time litigating each and every case. The general concept of statutory damages is pretty well entrenched. Even I don't have a serious problem with the idea. I might dislike the amounts, or who they are applied to, but I don't think we could have an effective system without them. Given that they have long been a mainstay of the copyright system (e.g. the 1790 Copyright Act had statuory penalties of 50 cents per sheet, IIRC) I don't think they're going anywhere. The amounts are the key problem and to most people just see the whole thing as something that needs to go away (not knowing of other areas, like worker's comp, where it's useful to the everyday person). It's pretty sad that the damages set for maiming and killing a person (albeit accidentally) are lower than the damages set for copying a copyrighted work without permission. That alone tells you who congress is watching out for.

      I can handle the concept of statutorially defined damages but the law still needs to be reasonable. The RIAA and MPAA are abusing these laws now, I seriously doubt congress' intent was for them to go after every single person who makes a copy or two and apply the (very high at that point) damages. These were intended to be used against large offenders, the real pirates who make bootlegs and sell them and really do cut into the company's profits. Instead people who share a file with a few friends can suddenly find themselves lumped into the same camp and subjected to absolutely insane damages in relation to the infringement they committed. Something has to change, I'm not saying people sharing copies without permission is right but $100k fines against them doing so aren't right either.

      No. Not everything wrong should be criminalized; copyright infringement is a good example. Additionally, victims cannot cause their wrongdoers to be prosecuted, and so should not lose the opportunity to discourage wrongdoers from future wrongdoing, in cases where ordinary redress is insufficient deterrence. I thought that large scale copyright infringement was indeed a criminal offense, where does it change from being civil offense only to criminal? Given that (if I am right), how does this all jive if the law is both civil and criminal, shouldn't the companies then be required to prove actual damages instead of statutory ones? (In a criminal case that is.)
    13. Re:2 things: by Hognoxious · · Score: 1

      IANALE, but I suspect to be convicted as an accessory the prosecution would need to show that he had knowledge or at least an inkling of what was going to happen. So I'd acquit - the first time, anyway.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    14. Re:2 things: by cpt+kangarooski · · Score: 2, Informative

      I thought that large scale copyright infringement was indeed a criminal offense, where does it change from being civil offense only to criminal?

      It doesn't change; that would be silly.

      Rather, some minor infringement is only civil, and then above a certain threshold, it becomes both a civil and criminal offense (much in the same way that going around hitting people with a stick is both kinds of offense).

      The thresholds are:

      1) Willful infringement of a copyright for commercial advantage or financial gain (including the gain of anything of value, such as trading for copies of other works, in particular warez trading boards)

      2) Making or distributing copies of 1 or more works in a 180-day period, where the sum total retail value of all of the works in the period is over $1,000.

      There are some other ones as well, but these are the main ones. And frankly, these thresholds are not all that high.

      if the law is both civil and criminal, shouldn't the companies then be required to prove actual damages instead of statutory ones? (In a criminal case that is.)

      Only the government can bring and prosecute a criminal case. And they aren't interested in damages, which is good, since they can't get any. Instead, they can get fines and jail time for the defendant.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    15. Re:2 things: by h4ck7h3p14n37 · · Score: 1
      Only the government can bring and prosecute a criminal case. And they aren't interested in damages, which is good, since they can't get any. Instead, they can get fines and jail time for the defendant.

      Unless the defendant is a corporation. I was shocked that Napster was allowed to operate for so long considering they were blatently infringing copyrights (it was their entire raison d'etre). On the other hand, individuals can be shutdown based on a mere accusation of infringement.

    16. Re:2 things: by johansalk · · Score: 1

      "While the plaintiff (not prosecutor) has to prove that the defendant infringed, he merely has to show that it is more likely than not that the defendant infringed"... This is *NOT* true, people are considered guilty in a legal sense when proven "beyond reasonable doubt" that they are guilty, not when they are "more likely than not"! Big, big difference!

    17. Re:2 things: by cpt+kangarooski · · Score: 1

      people are considered guilty in a legal sense when proven "beyond reasonable doubt" that they are guilty

      That is true, but only in a criminal trial.

      There are two kinds of cases: civil and criminal. Anyone can be the plaintiff in a civil suit, but only the government can be the prosecutor in a criminal suit. Laws can make offenses punishable civilly, criminally, or both. A civil litigant sues in order to get money from the defendant, or to get injunctive relief such as a court order requiring the defendant to do things or not do things, as appropriate. The government prosecutes criminals in order to punish and rehabilitate them by means of fines, imprisonment, forced labor, etc. and to protect the public from them. In a civil suit, the issue is whether the defendant is or is not liable; guilt is not a concept relevant to such cases. It is only in a criminal trial that the issue is whether the defendant is guilty or not.

      And, importantly, in a civil suit, the typical standard of proof is 'a preponderance of the evidence' (which means if something is more likely than not, it is true). In a criminal trial, the typical standard of proof is 'beyond a reasonable doubt' (which means if there are no reasonable alternatives to something, it is true). N.b. that in both cases, mere possible alternatives are not good enough. They have to be probable alternatives civilly, or at least reasonable alternatives criminally.

      There is a big difference between civil and criminal cases. But both exist, and you would do well to realize that.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    18. Re:2 things: by adavidw · · Score: 1

      You're talking about "guilty", like in a criminal sense. In a criminal case, yes, a prosecutor has to prove "beyond a reasonable doubt" that you are guilty. However, in a civil case, there is no "guilty" or "innocent". There's only a judgement for either the plaintiff or defendant. And, to get a judgement in their favor, a plaintiff just has to show that you more likely than not infringed, just like the grandparent post said.

  20. Happened to a friend by Unknown_monkey · · Score: 3, Interesting

    In Iowa, he recieved the MPAA letter through his cable ISP. They requested ~$5000 for his sharing of several movies on Bittorrent. His response was to get a wireless router, tell them that it was someone accessing his unsecured WAP, they let him off. But they didn't have police raid his house. Maybe that raid is the result of guys like him using the "open wap, sorry" excuse? Now that they know people can create excuses, the MPAA has to escalate the response. Soon you'll just get a package at your door that explodes when it hears the MGM or Paramount music and senses a WAP.

    1. Re:Happened to a friend by fred911 · · Score: 1

      "In Iowa, he recieved the MPAA letter through his cable ISP"

        One of the *main* reasons to not use most cable ISP's. At least Verizon defended it's users ID's.

      http://www.eff.org/legal/cases/RIAA_v_Verizon/

      --
      09 F9 11 02 9D 74 E3 5B - D8 41 56 C5 63 56 88 C0 45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    2. Re:Happened to a friend by Guuge · · Score: 1

      Soon you'll just get a package at your door that explodes when it hears the MGM or Paramount music and senses a WAP.

      It doesn't have to explode, it just needs to collect enough evidence to convict you. Without evidence, the MPAA can't do much except scare people. If this guy's actions have really done $100,000 in damage then it should be the local law enforcement's top priority to collect the evidence to bring him down. On the other hand, if he's just another guy uploading movies for his pals then no one should be wasting their time on him.

      Maybe someday we'll have a PATRIOT Act for copyrights that makes the DMCA look like the bill of rights. Then evidence would be obsolete and the MPAA could have people imprisoned for being suspected infringers.

    3. Re:Happened to a friend by Anonymous Coward · · Score: 0

      Or maybe the RIAA can manufacture some infringers by paying some guys to do drive by uploads, then sue the owners of the wireless equipment. happy joy.

    4. Re:Happened to a friend by osssmkatz · · Score: 1

      I find this extremely offensive. This is why a (perhaps) innocent man is getting slammed. Because your friend didn't take responsibility. Do you really think the film industry just said, "Oh. Well, we better not tell $corp?" No. They brainstormed how to deal with that excuse, and they decided exactly what to do.

      And for the record, how is wiping your hard drive coincidental to a search not "obstruction of justice"?

      --Sam

    5. Re:Happened to a friend by Anonymous Coward · · Score: 0

      Wiping your hard drive wouldn't be obstruction *if* it was done without knowledge of an impending search. The case against it being obstruction would be even stronger if wiping it was done periodically, if it was done automatically, or if it was done at the suggestion of a third party for unrelated reasons (e.g. support asking the infamous "Have you reinstalled Windows lately?").

      For that matter, all we know is that Paramount is alleging that it was wiped. It could simply be new, a new (or replaced) hard drive, rarely used, etc. It's not like Paramount is going to issue a statement that says "We were unable to find any evidence because there wasn't any evidence to be found."

    6. Re:Happened to a friend by Unknown_monkey · · Score: 1

      I agree. When he first told us about the letter, we figured he was going to have to pay at least something. He's a weasel.

  21. Well that makes sense by Snowspinner · · Score: 2, Insightful

    Someone pirated the movie! That explains why it only made $67 million instead of being a hit!

    1. Re:Well that makes sense by dascandy · · Score: 1

      No, that's after the court sues.

      67 million degenerates to about 4500 people buying the DVD, around 15000 seeing it in the cinema and 668 people ripping their own copy to the net, now being forced to pay $100.000 each. That adds up to 4500 * $22 + 15000 * $7 + 668 * $100.000 = $67M.

    2. Re:Well that makes sense by midicase · · Score: 1

      Let's see if I have this straight:
      1. Make movie, collect money in tickets and DVD sales, sniff networks, collect money in lawsuits against pirates.
      or
      2. Make really bad movie, lose money in tickets and DVD sales, sniff networks, collect money in lawsuits against pirates.

    3. Re:Well that makes sense by dpilot · · Score: 1

      All together, now...

      Springtime for Hitler, in Germany...

      --
      The living have better things to do than to continue hating the dead.
  22. Ignorance of the law is not innocence by eno2001 · · Score: 4, Funny

    Even if this man did not know what was done on his machines, he's still responsible. That is the law that the law givers made. The punishment must be death by mahi mahi. Feigning ignorance of the law by claiming that he did not know what was done is a white herring designed to try and make people think otherwise. This displeases the law givers. He will feel their wrath for his ignorance as they beat him.

    -Grobo, Son of Chinea in the Tenth Dynasty of Koll

    --
    -"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
    1. Re:Ignorance of the law is not innocence by symbolic · · Score: 1

      Hell, it worked for Bush.

    2. Re:Ignorance of the law is not innocence by Anonymous Coward · · Score: 0

      So what you're saying is that if someone steals your car and kills someone with it, you're responsible because you were the victim of a crime?

      Riiiiiiighhhttt.......

    3. Re:Ignorance of the law is not innocence by Anonymous Coward · · Score: 0

      That reminds me of an old story.....

      forgot what it was.

      Oh well.

  23. WHOA!!! by Anonymous Coward · · Score: 0

    He had FOUR computers? That means the damages should be quadrupled!!!

    1. Re:WHOA!!! by Anonymous Coward · · Score: 0

      New statement from the MPAA:

      "The man may not have literally had four computers but he did have the equivalent of four computers, because the one Xbox 360 he does have has some sort of multi-core processor arrangement. Plus we added one on because he's so guilty."

  24. Police Priorities? by LaPoderosa · · Score: 5, Insightful

    What sickens me here is far more serious offenses than this go ignored if reported by your average citizen. I know countless people who've been the victims of theft or internet fraud, and even with names and addresses of the perps they haven't had any action taken, just another report going in the file bin.

    1. Re:Police Priorities? by damsa · · Score: 1

      This is a civil matter not a criminal matter. Your friends could always have the option of taking those internet fraudsters to court just like what Paramount is doing.

    2. Re:Police Priorities? by slashdotnickname · · Score: 1

      What sickens me here is far more serious offenses than this go ignored if reported by your average citizen.

      You're arguing there for better government enforcement of laws. This article is about a civil lawsuit brought on by a non-government corporation. These are two different things, whose parties are motivated differently.

      In the first case, the government doesn't have any real motivation to "try harder" except for what people can pressure politicians to do. In the second case, Paramount is driven by profit and their perceived threat on their source of it. Of course the latter motivation would produce more aggressive persuals into things than the first.

    3. Re:Police Priorities? by LiquidCoooled · · Score: 5, Interesting

      Paramount had the police seize his four computers, but nothing was found.

      Its right there, the police were wasting time on this case.
      its Stupid.

      --
      liqbase :: faster than paper
    4. Re:Police Priorities? by Tim+C · · Score: 1

      Paramount will have applied to a court for this to happen, the court agreed and issued a warrant that the police were then obliged to execute.

      The police may have been "wasting time" on it, but it's the court's fault, not theirs.

    5. Re:Police Priorities? by holzp · · Score: 0

      No, if you read the article he was helping to distribute Coach Carter, that counts as a serious offense in my book.

    6. Re:Police Priorities? by smoker2 · · Score: 1
      I know countless people who've been the victims of theft or internet fraud, and even with names and addresses of the perps they haven't had any action taken, just another report going in the file bin.
      My step-father came back from holiday, checked his credit card statements and found he was being charged by AOL for a dial-up account. He doesn't have a computer.

      After much argument and weeks of investigation, it seems that when he ordered some tools via the telephone, and used his card, the person who made the sale helped himself to a copy of his card details, and signed up for AOL with them.

      The police were involved, but the guy never got charged or prosecuted, because AOL claimed they couldn't link the credit card details to that person.
      Hang on, last time I checked a dial-up account requires a phone line ! Surely they had logs of that user logging in to a certain account, and thereby the phone involved (they do ask for the line number you will be connecting from IIRC ).

      My pop got his money back from the credit card co. but the thief just lost his job (allegedly).

      BTW, the tool company was Screwfix Direct.

  25. Countersuit. by headkase · · Score: 1

    He should countersue for $10 million for pain and anguish.

    --
    Shh.
    1. Re:Countersuit. by Carrot007 · · Score: 1

      Presumably only if he watched the film though.

      --
      +----------------- | What is the question!
  26. Re:Perjury is a Crime by Zunni · · Score: 2, Insightful

    tbh, it doesn't matter if he's Bill 'freakin' Gates, has multiple fibre-lines running into his house and has server rack upon server rack in his basement. If they can't find the files in question on his machine AND he can produce reasonable doubt , they 'should' have a tough time prosecuting him.

    And don't you know, internet pirates be dangerous people YARR!!! What's a little bit o' perjury for those scurvy devils....

  27. "Drive-by"? by mblase · · Score: 4, Insightful

    The tech-novice maintains his innocence, and contends that he is a victim of a drive-by upload.

    I admit I haven't seen "Coach Carter", and I'm not using hard numbers here, but I estimate that uploading an entire motion picture at any worthwhile quality would take at least six hours, maybe twelve. That's not a drive-by, that's your next-door neighbor using your bandwidth all day long.

    1. Re:"Drive-by"? by ottothecow · · Score: 1

      well, there is always the parked car technique or if you are really daring, the extended-life laptop in the bushes technique

      --
      Bottles.
    2. Re:"Drive-by"? by Anonymous Coward · · Score: 0

      50 minutes. Easily a park-by upload. Or someone with a directional antenna a few blocks away. Or a laptop hidden within range.

    3. Re:"Drive-by"? by Motherfucking+Shit · · Score: 1
      I admit I haven't seen "Coach Carter", and I'm not using hard numbers here, but I estimate that uploading an entire motion picture at any worthwhile quality would take at least six hours, maybe twelve.
      Therein lies the rub: did this guy really upload an entire motion picture? Remember that the media cartels have filed several lawsuits and/or DMCA notices simply based upon filenames; it's clear that some of these organizations don't actually download the files before siccing the lawyers. Recall, too, that the MPAA specifically has done this at least once, claiming that a 113KB archive of TCL software was pirated X-Files episodes.

      Maybe the MPAA trolled eDonkey for people who appeared to be sharing certain files. If this were the case, it could easily have been a "drive by" situation where someone else's eDonkey client returned a query hit via this guy's WAP.
      --
      "BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
    4. Re:"Drive-by"? by Wardie · · Score: 1

      Last time I checked, a full length DivX encoded movie is about 700-800 MBs, so that should take about 20-30 mins max. Even a full DVD rip is what, about 3 Gigs, that wouldn't take more than 2 Hours to copy across a wireless LAN, where does 12 hours come from?

    5. Re:"Drive-by"? by holzp · · Score: 0

      How long to upload a shitty quality movie like "Coach Carter"?

    6. Re:"Drive-by"? by Anonymous Coward · · Score: 0

      You mean the wireless LAN that runs at 11Mbps (theoretical)? Did you factor in the part where most cable/DSL uploads are capped at anywhere between 128Kbps and 768Kbps? Even at the top speed of 768Kbps it would still take a couple of hours (that's actually about the bitrate that the movie is encoded at, so consider it realtime).

    7. Re:"Drive-by"? by iKitten · · Score: 1

      Or maybe there's a software pirate on the lamb hiding in his attic. Cheese it man, it's the coppers!

    8. Re:"Drive-by"? by MikeBabcock · · Score: 1

      Last I checked, my DVD rips (yes, of movies I own ... see previous comments of mine) are between 300 and 2000 MB depending on quality / length.

      At 1MB/s uplink, sure, I'd need half an hour to upload the high quality stuff, but only 5 minutes to upload the lower quality rips.

      And before you ask, yes, I routinely get around 900KB/s uplink on my cable service.

      --
      - Michael T. Babcock (Yes, I blog)
    9. Re:"Drive-by"? by Anonymous Coward · · Score: 0

      No-one is alleging it was of a worthwhile quality. There's no reason a neighbour couldn't have uploaded it while the defendant was asleep, or at work.

    10. Re:"Drive-by"? by OverlordQ · · Score: 1

      sure you're not mistaking KB with Kb? Mind telling me who offer's 8Mbit up cable?

      --
      Your hair look like poop, Bob! - Wanker.
    11. Re:"Drive-by"? by Wardie · · Score: 1

      802.11g runs at 54Mbps (theoretically), 802.11b runs at 11. And DSL uploads have nothing to do with as we're talking about copying files from within a wireless LAN, not over the net...

  28. Am I the only one who read this as... by merc · · Score: 1

    Chimpanzee sues Paramont Studies for ruby on rails...?

    --
    It's true no man is an island, but if you take a bunch of dead guys and tie 'em together, they make a good raft.
    1. Re:Am I the only one who read this as... by kelnos · · Score: 1
      [Am I the only one who read this as...] Chimpanzee sues Paramont Studies for ruby on rails...?
      Yes, you are.
      --
      Xfce: Lighter than some, heavier than others. Just right.
    2. Re:Am I the only one who read this as... by IntergalacticWalrus · · Score: 1

      Yes.

  29. type? by www.sorehands.com · · Score: 1

    Usually none. If the police execute a search and seizer, it is under the color of their official duty. To be held liable, it has to be shown as a clear abuse, not just a major screw-up.

    1. Re:type? by fishbowl · · Score: 3, Funny

      "Usually none. If the police execute a search and seizer, it is under the color of their official duty. To be held liable, it has to be shown as a clear abuse, not just a major screw-up."

      Still, it can't be a good point for the plaintiff.

      "Your honor, we stand before you with our dicks in our hands, since we found no evidence. We move for a change of venue."

      --
      -fb Everything not expressly forbidden is now mandatory.
  30. most likely the guy is lying by roman_mir · · Score: 4, Interesting

    "I don't even know what they're talking about," Lee said. "I didn't do it."

    Paramount has looked at all four computers in Lee's home, alleging he had one of them cleaned to erase evidence. The company has filed a federal lawsuit against the Blue Ash man.

    But Lee claims that because his wireless connection was unsecured at the time, anyone could have parked near or in front of his home, tapped in and then driven off.

    "If I can do anything to make people understand that please, if you're using wireless Internet, have somebody install it that knows what they're doing," he said. "Because if you don't, they could get in trouble just like me."


    nice attempt at defence: but it wasn't me, it was someone else who used my unsecured connection.

    Who the hell wants to 'share' a movie with others of p2p networks so much that they would go war-driving? I have a very strong feeling that this guy is lying. Of-course this will have to be proven in court, but it is just a gut feeling. In the case he actually did this, he deserves what is coming to him.

    1. Re:most likely the guy is lying by Hope+Thelps · · Score: 1

      Who the hell wants to 'share' a movie with others of p2p networks so much that they would go war-driving?

      You don't have to go 'war-driving' to use someone else's unsecured wireless. You just turn your computer on in your living room and check to see what networks are available. You can even do it without meaning to.

      --
      To summarise the summary of the summary: people are a problem. ~ h2g2
    2. Re:most likely the guy is lying by Anonymous Coward · · Score: 0

      In the case he actually did this, he deserves what is coming to him.

      Yeah, uploading Coach Carter... How can he sleep at night?

    3. Re:most likely the guy is lying by roman_mir · · Score: 1

      You don't have to go 'war-driving' to use someone else's unsecured wireless. You just turn your computer on in your living room and check to see what networks are available. You can even do it without meaning to.

      Well then. Maybe you should have read the article. Here is an excerpt:

      But Lee claims that because his wireless connection was unsecured at the time, anyone could have parked near or in front of his home, tapped in and then driven off.

      "If I can do anything to make people understand that please, if you're using wireless Internet, have somebody install it that knows what they're doing," he said. "Because if you don't, they could get in trouble just like me."


      From this I CAN infer that the guy lives in his own house with parking outside. It is of-course still possible that his WAP signal was strong, but just how strong depends on the surrounding environment and location.

    4. Re:most likely the guy is lying by roman_mir · · Score: 1

      Yeah, uploading Coach Carter... How can he sleep at night? - apparently it's not completely useless if people upload/download it now, is it? All I am saying is this: if I was a copyright holder on some valuable (yes, if people want it, it's valuable,) material and people started distributing it without paying attention to the license that the material is distributed under, I would be upset and would want to hunt down those responsible and do my very best to make sure this does not happen again, that's it.

    5. Re:most likely the guy is lying by shawb · · Score: 2, Insightful

      Someone who doesn't want to get busted for sharing it through their own ISP? Or maybe his neighbor who simply didn't want to pay for high speed?

      --
      I'll never make that mistake again, reading the experts' opinions. - Feynman
    6. Re:most likely the guy is lying by insignificant1 · · Score: 1

      My gut tells me the same thing: If someone comes knocking on a novice's door, saying "you uploaded a movie," would a novice point to an unsecured wireless connection?

      If you know what an unsecured wireless connection is, you probably have enough knowledge to 1) secure it or 2) justify it as a public service. You probably aren't, at least, unwittingly sharing your connection.

      And the guy has 4 computers? Most novices I know have one computer per person living in residence, maybe a second laptop, max. The damned things are just too scary for the novice to be outnumbered by them. Of course this is not a proof, but I'm just connecting the dots (albeit sparse) with the straightest possible lines.

      And the computer that was supposedly wiped clean? Well, if it has a drive whose data is completely unrecoverable, then it's 100-to-1: novice he is not.

    7. Re:most likely the guy is lying by Anonymous Coward · · Score: 0

      It's not so far-fetched. I personally keep my wifi open, to provide a friendly service to any passersby. And I know of a friend that does the same. If I'm not using the bandwidth, I might as well give it away for free, that's my view.

    8. Re:most likely the guy is lying by jesterpilot · · Score: 1

      A lot of people know what an unsecured network is. They heard it from a friend, but that friend doesn't have time this month to secure it. (But next month, I will do it, promise.) Or he could have heard about the existance of wireless, after he got the letter, when he wondered how it could have happened and someone asked him 'but you've got a wireless card, what did you do with it?'

      What's 4 computers? Maybe the guy's got a little company at home (financial administration or so). Or he's got a 286 and a 486 in the basement for some old data from ancient customers.

      What's 'cleaned'? Did he wipe the drive for a re-install? That's what a lot of people do when windows messes up to much and don't have the knowledge to repair it. He used the cleaning tool from that same friend that would secure his network next month. Or did he wipe the drive of a second-hand, because he heard he would infringe copyright if he didn't?

      We do not know what's exactly the case. And that's the very point. It could happen to anyone, guilty or not.

      --
      Trust me, I work for the government.
    9. Re:most likely the guy is lying by Anonymous Coward · · Score: 0

      I wonder if at some point you can't do such a thing and then use the "ISP excuse"

      It seems like you're acting as a free ISP and if you aren't filtering user's connections, you're probably not liable.

    10. Re:most likely the guy is lying by Anonymous Coward · · Score: 0


      it's not "material" copyrighted "material" is propagandandized language.

    11. Re:most likely the guy is lying by Anonymous Coward · · Score: 0

      Are you suggesting movies are immaterial? That sounds quite philosophical. Really everybody knows what the fuck "copyright material" is so there's no need for rhetoric games.

    12. Re:most likely the guy is lying by user32.ExitWindowsEx · · Score: 1

      4 computers? one per person? he could have a wife and two kids.

      --
      "Evil will always triumph because good is dumb." -- Dark Helmet
    13. Re:most likely the guy is lying by Hope+Thelps · · Score: 1

      From this I CAN infer that the guy lives in his own house with parking outside.

      I live in my own house with parking outside but I've still seen a neighbour's wireless network appear on the list at times. Mine is encrypted, of course.

      --
      To summarise the summary of the summary: people are a problem. ~ h2g2
    14. Re:most likely the guy is lying by connah0047 · · Score: 0

      Are you suggesting coconuts migrate?

    15. Re:most likely the guy is lying by zakezuke · · Score: 2, Insightful

      Who the hell wants to 'share' a movie with others of p2p networks so much that they would go war-driving? I have a very strong feeling that this guy is lying. Of-course this will have to be proven in court, but it is just a gut feeling. In the case he actually did this, he deserves what is coming to him.

      From time to time I can see my neighbors wireless connection. If I so desired I imagine I could mount an antenna and use it with with great reliability... granted that would be wrong but the fact of the matter is it's possible. In fact I just had a call last week about a friend setting up a new laptop and boom... instent wireless access... and was asking about the morality. As I couldn't see anything in jiwire on the subject, given the name is something like "linksys" or "dlink" or something generic I had to say it was probally not a free hotspot but some joker that didn't know any better. The moral thing to do would be to inform them of the condition and tell them to call technical support.

      My point is, while I think this sort of think carries with it some bad mojo, and isn't quite ethical.... there are others who'd spy a unsecured connection, or even hack a secured one, for the obvious benifit of tapping someone else's bandwith with pretty much no accountability and very little risk.

      --
      There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
    16. Re:most likely the guy is lying by Anonymous Coward · · Score: 0

      You know, I have 3 unsecured wireless connections visible from my house. When I feel like contributing to movie distribution, I rip, fire up shareaza, and connect to one of those hotspots over night. I'm certainly not going to be stupid enough to use my own connection when I have several that don't trace back to me at my convenience!

    17. Re:most likely the guy is lying by Maestro4k · · Score: 2, Insightful

      Who the hell wants to 'share' a movie with others of p2p networks so much that they would go war-driving? I have a very strong feeling that this guy is lying. Of-course this will have to be proven in court, but it is just a gut feeling. In the case he actually did this, he deserves what is coming to him. So you really think that $100,000 is a reasonable fine for uploading a movie? Personally I do feel he should be punished if he's guilty but I also feel that the punishment here is totally out of line with what this guy supposedly did. We need a bit of sanity right now with copyright infringement and $100k fines aren't part of that.

    18. Re:most likely the guy is lying by penguinbrat · · Score: 1

      Looking at things from this guys perspective looks like he is a simple novice who uploaded the movie (IE being sloppy about it)...

      However, if you look at it from a real pirates angle who IS going to be tech savy - this is very probable... I mean, if I was a pirate - I would do what ever it takes (as long as it is reasonably feasable) to flip a bird at the industry, and make them look like fools (IE not being able to catch me). Taking my old laptop, plugging it into my cheap $40 DC converter from FRY's, spending a few hours driving around until I find an unsecured access point, parking/locking everything up and leaving for a day would be worth it - and not that big of a deal. The worst that could happen, is that the owners of the access point would check for connections, not recognise me and zap my connection - I move on to somewhere else.

      The point is that a real pirate is going to do what they can to not get caught, they wont do something as blatant as this, to upload a movie when they know the industry is looking for them...

    19. Re:most likely the guy is lying by roman_mir · · Score: 1

      So you really think that $100,000 is a reasonable fine for uploading a movie? - I don't know how much this movie cost to make. What if the movie cost over 50Million and is being distributed against the copyright holders' wishes for free? I think the fine can be a percentage point of the total cost of production. I think it's only fair that if I spend say, a million dollars making some software and I catch you illegaly distributing it, I probably would want to make sure that you pay some of my production costs.

    20. Re:most likely the guy is lying by Anonymous Coward · · Score: 0

      Um actually it might not be the guy in the van outside, what about his next door neighbor. When WAPs pop next door its the perfect opportunity to consume free bandwidth at your leisure. IMO. If you dont find anything on his computer walk next door. I truely think you will be surprised. Honestly if you were using eDonkey, would you not take advantage of a connection that did not come back to you?

    21. Re:most likely the guy is lying by roman_mir · · Score: 1

      Honestly if you were using eDonkey, would you not take advantage of a connection that did not come back to you? - I don't know, I don't do illegal stuff with other people's copyrighted materials.

  31. Marketing Ploy by VonSkippy · · Score: 3, Funny

    Only way that dog of a movie could make $100K is to sue someone - that and all the chump change picked up from the PR resulting in curiosity sales. //no body = no conviction, but this is the RIAA so don't count on logic figuring into the case.

    1. Re:Marketing Ploy by Anonymous Coward · · Score: 0

      It's the MPAA. u kan shure read gooder!

    2. Re:Marketing Ploy by Anonymous Coward · · Score: 0

      Sounds like Springtime for Hitler to me

  32. Re:Perjury is a Crime by audacity242 · · Score: 1

    I have some friends who live together. Between the three of them, there are four computers in the home. They occasionally get reformatted and reinstalled ("cleaned") due to viruses and the like. They have broadband, and they have a wireless setup. Trust me, none of them are beyond the novice stage.

    It's entirely possible for that guy to be telling the truth. It's also entirely possible he ain't.

  33. Smart Defense by Anonymous Coward · · Score: 0

    Another victim of the MPAA. The article makes it look as if he's some "movie pirate" and we know P2P systems really make it easy to share what you've downloaded from them (without even doing something manually).

    I believe the guy is far from being "noob" - it's just a smart defense. He's smart, he erased the illegal files on one of his PC-s, kept the rest clean, and he has a pretty good excuse of having insecured wireless network anyone can hook through..

    I'd do the same in his place, and it's the best he can do to defend himself. I hope it turns out good for him, since after all it's just a damn pirated movie he downloaded, a sin, but not a $100 000 sin for sure.

  34. Re:Perjury is a Crime by TheoMurpse · · Score: 4, Insightful

    Sounds like you've convicted him already; I thought it was "innocent until proven guilty."

  35. Simplify that list by MMaestro · · Score: 1
    You can basicly boil any of those descriptions down to :

    Most up-to-date computer (aka, the most tech savvy person in the house's)
    Two year old computer sitting in the 'office room' (aka, the backup server)
    Four year old computer sitting in the 'storage room' (aka, the 'turn on in the event of an emergency' computer)
    The five-plus year old computer 'enshrined' in the basement as a miniature table (aka, the computer Goodwill wouldn't take)

    1. Re:Simplify that list by JWSmythe · · Score: 4, Interesting

      The "4 computer" argument sounded funny to me, but then I thought about it. I just went to a distant friend's house and helped him with his computer.

          He had his "new" computer, which actually worked.
          He had his "old" computer, which worked but was really slow.
          He had a much older computer, that was dead. Bad hard drive, flaky memory, and it was only 133Mhz.
          And finally, he had another computer, a friend brought over and abandon, that was in unknown operational order, and he didn't care to find out.

          It took me three days to talk him into changing the memory in it, which I picked out specifically for that machine. He didn't want to, because he had never opened a computer before. He doesn't deal with installing many softwares, because he doesn't understand how they all work. He uses his mail client, his web browser, and that's about it. Completely not technical, and he "owns" 4 computers.

          If his house was raided tomorrow, of course he'd get the same report of having four computers. He doesn't do anything illegal, immoral, or questionable, but that fourth abandon computer may have something on it. How responsible can he be for it? He can't even finger the friend who had it. They were on a first name basis, and the friend moved out of state. "That computer? Oh that was Joe's. He lives in some other state now. I haven't heard from him in a year."

          If *MY* house was ever raided, they'd just shit themselves. I have roughly two dozen computers. Most of them are non-working workstations from an old office. Others are old servers, and lots of old parts. I don't throw much of anything away, because I know there will always be something useful. I grabbed a 20Gb drive from the pile, for someone who needed a drive, and didn't have money for a new drive. It was an identical match, and she didn't do much of anything with it other than check Email. It formatted, it didn't click or whine, and they're happy to have a working computer again.

          Now, the question would be, would they find anything illegal? Nope. They'd spend weeks searching through the 100+ hard drives until they found the worst thing I have is ISO's of Linux distributions, and possibly they could recover some old web sites from drives that go "click". Maybe the BSA could get me, because I don't have the Windows licenses associated with the old parts.

          I know I should destroy the clicking drives, but sometimes they're entertaining to take the top off, and watch the platters spin while I grind them down with a screwdriver. Wheeeeee... The magnets make cool things to stick to light switch screws, and the bearings bounce really well on hard surfaces. Ya, I've made some very unrecoverable drives.

      --
      Serious? Seriousness is well above my pay grade.
  36. Piece of cake ... by Ex-MislTech · · Score: 4, Insightful

    Sniff for IP addresses active during business hours, but essentially are unavailabe after hours .

    Then figure out that persons MAC address, and spoof it with MAC change on ur router/firewall .

    Upload ur movie, reset, adios .

    Odds are it isn't even that brilliant, the guy with the router prolly picked a MAC address
    assigned to a NIC type that he does not even own, as the list is published .

    He prolly picked the last few hex digits at random .

    Alot of dorm ppl are doing this to ppl that have their computers direct connected ,
    and the Uni is too cheap to replace the hubs at the edge of the network .

    So they don't get fried for doing p2p over their dorm connect .

    If they had managed switches at the edge of their network they could stop this behaviour .

    Not all Uni's have switches at the edge of their network yet, ones where sports is
    more important often neglect the tech/sci to spend multiple millions on chasing sewn
    together animal skin, aka baseball, volleyball, football, basketball .

    Stadiums and Arenas that could house all the US homeless 10 times over are left empty
    more days than they are full, pathetic .

    We wonder why other parts of the world are starting to pass us by .... priorities...

    Rome...Bread and Circuses...

    Ex-MislTech

    --
    google "32 trillion offshore needs IRS attention"
    1. Re:Piece of cake ... by irc.goatse.cx+troll · · Score: 1
      --
      Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
    2. Re:Piece of cake ... by drgonzo59 · · Score: 1

      You don't happen to go to the University of Cincinnati, do you?

    3. Re:Piece of cake ... by laughingcoyote · · Score: 2, Insightful

      This is a friendly message to let you know that you are stupid.

      "ur", "ppl", and "prolly" are not even -close- to words. Please become literate to a minimum sixth-grade level before inflicting yourself on us.

      Thank you!

      --
      To fight the war on terror, stop being afraid.
    4. Re:Piece of cake ... by Phosphor3k · · Score: 1

      Normally, I am a supporter of not butchering the english language. However, the word 'probably' has always bugged me. Where does it get off using as many of the letter 'b' as it does?

      Languages evolve over time. It just happens. Personally, I support the evolution of 'probably' into 'prolly'. 'Prolly' at least looks like it could be an actual word. 'Ur' and 'ppl', on the other hand, disgust me and should be reviled.

    5. Re:Piece of cake ... by loki1978 · · Score: 0, Troll

      Just one simple question that i hope you will take the time to answer:

      Do you consider your way of spelling cool?
      Is this, how the in-crowd does it today?
      Do you mark yourself as up-to-date-hip person, by spelling wrong on purpose?

      I really hope you, the author, can give me some insight into your
      motivation to use this horrible and utterly wrong spelling. There has
      to be a good reason for you to do this and i am curious to read about it.

      --
      According to prophecy
    6. Re:Piece of cake ... by laughingcoyote · · Score: 2, Interesting

      Suppose you do have a point, and I don't normally get at people. I really couldn't care less if people misspell long, technical words, but the "lazyspeak" gets to a very irritating point after a while.

      I guess I'm not the only one, I was expecting to burn karma on that one. I definitely was not expecting to see it -up-modded, just got to the point something had to be said.

      --
      To fight the war on terror, stop being afraid.
    7. Re:Piece of cake ... by Ex-MislTech · · Score: 0, Flamebait

      I guess you want to bitch ou all ppl using short hand and court reporters too .

      Get over yourself, grammar facist .

      Ex-MislTech

      --
      google "32 trillion offshore needs IRS attention"
    8. Re:Piece of cake ... by Evil+Grinn · · Score: 2

      Not all Uni's have switches at the edge of their network yet, ones where sports is
      more important often neglect the tech/sci to spend multiple millions on chasing sewn
      together animal skin, aka baseball, volleyball, football, basketball .


      At many schools the money made from sports actually subsidizes the rest of the school's activities. If the university wasn't making a killing on advertizing, merchandise, game tickets, alumni donations that only happen because the alumni are sports fans, etc., then they wouldn't bother having a team. They're not stupid.

      No, I don't have any souces to back me up, but then neither do you.

    9. Re:Piece of cake ... by laughingcoyote · · Score: 1

      That's "fascist", to you. :) As to your other examples, if you were taking dictation from someone and required shorthand to get everything down in time, I apologize, but do question why they didn't post on their own. Otherwise, the point stands, it's laziness.

      --
      To fight the war on terror, stop being afraid.
    10. Re:Piece of cake ... by cduffy · · Score: 3, Insightful

      One of the nifty things that computers make easier is called "editing". Perhaps you've heard of the process? It involves going back over things which have been written out and making improvements. People typically "edit" to improve clarity, accuracy, style, tone and content. It also provides a manner to convert notes jotted down quickly to readable prose intended for 3rd-party consumption.

      Failure to do this last bit indicates contempt for your audience -- and a general lack of class on your own part. Think of /. as a big technical meeting with folks running the gamut from n00bs to accomplished engineers. You wouldn't spit on the engineers in a real-life forum if you wanted them to respect you; likewise, you shouldn't use shorthand in your posts in a technical forum online if you want to be considered anything more than another scum-of-the-earth clueless idiot inherited from AOL.

      I realize that being told that you should go out of your way to change your habits isn't much fun -- but if you don't want to be looked down on by those who might otherwise have cause (even if you think it's bad cause) to consider themselves your betters, you should seriously consider it.

    11. Re:Piece of cake ... by Anonymous Coward · · Score: 0

      probably -> prolly

      therefore:
      probable -> prolle ?
      probability -> prolility ?

      I don't think that these new-fangled words sound quite as good as the regular english words.

    12. Re:Piece of cake ... by grasshoppa · · Score: 1

      "ur", "ppl", and "prolly" are in fact legitimate Internet slang in that they are commonly used and understood on t3h_1nt3rn3ts.

      And if all your friends jumped off a bridge...

      Languages are living, evolving, and ever changing, as new words come into use, and are found useful they become a part of the language.

      These aren't new words symbolizing new concepts or new ideas. These are bastardizations of words we already have.

      Language comes from the people, and their use of symbols to communicate; the language of the people today becomes the dictionaries of tomorrow not the other way around.

      This generation already has enough to be sorry about to future generations ( DMCA, Dubia, Iraq, Oil dependancy, Privacy and Freedom limitations on a daily basis ), let's not give them something else to hate us for.

      This could be considered "off topic" or "troll" however the parent is arguably both, and was modded as "insightful". Yeah grammar Nazi's are real insightful, and the parent has some real insight

      Sorry you think you should be allowed to speak like an idiot and have no one say anything, but that's not how this world works.

      --
      Mod me down with all of your hatred and your journey towards the dark side will be complete!
    13. Re:Piece of cake ... by Makarakalax · · Score: 1

      lol

      Congrats on making yourself look even more stupid - I can barely understand what your last post meant. I can read txt-speak, I just can't read typos.

      However I prefer not to read txt-speak, I'm not fluent, and it takes more effort than I can be bothered with.

    14. Re:Piece of cake ... by Ogive17 · · Score: 2, Insightful

      It's a bit hypocritical making fun of this guy's shorthand while "/., IANAL, RTFA" appear in 99% of the topics.

      I'll agree phrases like "ppl" and "ur" make the author sound immature, but we all use shortcuts on a daily basis.

      --
      "Action without philosophy is a lethal weapon; philosophy without action is worthless."
    15. Re:Piece of cake ... by Guy+LeDouche · · Score: 0

      I would have modded you up if I had points, what you say is valid. Not only can it be aggravating, it is inconsiderate to people who are still trying to learn the English language and also spend a lot of time online. They begin to see "lazyspeak" like this and think that it is the correct way to spell and pronounce words, and then begin to do that themselves on a regular basis. People will say that "it's just the internet, spelling doesn't matter!", but they're idiots, communication is very important, so why not do your best to communicate with clarity? Typos and other non-purposeful misspellings are one thing, but to go out of your way and butcher a language because you are lazy is pretty rude to the people that you are communicating with since it tells us that we just aren't important enough for you to communicate clearly, and that what you have to say must not be that important.

      Now I'm going to submit this without first previewing it and most likely be penalized for various grammatical atrocities.

    16. Re:Piece of cake ... by Anonymous Coward · · Score: 0

      ur prolly retarded aint you

    17. Re:Piece of cake ... by Anonymous Coward · · Score: 0

      Just one simple question
      As you proceed to ask three questions...

      Is this, how the in-crowd does it today?
      This sentence needs no comma.

      Do you mark yourself as up-to-date-hip person, by spelling wrong on purpose?
      This one does, but not where you've placed it.

      There has to be a good reason for you to do this and i am curious to read about it.
      Is there a good reason that your "i" isn't capitalized? I am curious to read about it.

      If you're going to pick apart someone for their spelling and grammar, at least get it right yourself.

    18. Re:Piece of cake ... by abbamouse · · Score: 1

      What cduffy said. But I'll add one thing:
      If you worked on them in a technical capacity, I hope you knew they weren't
      "Misls"

      --
      Make cheese not war 8:)
    19. Re:Piece of cake ... by SageMusings · · Score: 1

      True dat...mos def..

      --
      -- Posted from my parent's basement
    20. Re:Piece of cake ... by abbamouse · · Score: 1

      Don't get too worked-up, laughingcoyote. You're no "Ex-MislTech" but this is a run-on if I've ever seen one:
      "As to your other examples, if you were taking dictation from someone and required shorthand to get everything down in time, I apologize, but do question why they didn't post on their own."

      Actually, your other two sentences had problems too. The first one has a superfluous comma after the quotation mark, and the last sentence needs a semicolon instead of a comma. Search Google for "comma splice" and you'll see why.

      Kudos for standing up for the concept of actually trying to write in complete words, though!

      --
      Make cheese not war 8:)
    21. Re:Piece of cake ... by dubstar · · Score: 1

      I guess the lack of class must not extend to using slang and shorthand such as '/.' and 'n00bs' then. How very convenient for you.

      I personally like to think of Slashdot as a football mob, with folks 'running the gamut' from hypocrites to trolls, grammar-nazis to the self-righteous-anonymity-empowered! It's fun to see someone saying something relevant to the discussion get shouted down by one of the aforementioned groups, especially for something as petty and inane to a technical discussion as prose. Alas, the mob does love a good beat down - even if it doesn't add to the game... err, discussion.

      Go Team!

    22. Re:Piece of cake ... by jaywarrietto · · Score: 0

      I've been reading for a few years and I still don't know what IANAL means... does it mean that they like anal or what?

    23. Re:Piece of cake ... by operagost · · Score: 1
      Straw man.
      ppl [sic] using short hand
      ... they use when recording information for their own use, not for an audience.
      court reporters
      ... use stenotypes, which are translated into long text before being placed in the record; or voice recorders, into which they repeat the testimony verbatim.
      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    24. Re:Piece of cake ... by Anonymous Coward · · Score: 0

      I deduced, without being told, that it means "I am not a lawyer."

    25. Re:Piece of cake ... by cduffy · · Score: 0, Troll
      I guess the lack of class must not extend to using slang and shorthand such as '/.' and 'n00bs' then.
      "n00bs" would indeed have been classless had its use in the context of an otherwise-well-written message not come to implicitly parody how t3h haxx0rs communicate among themselves. The acceptability of the abberiation '/.' is harder to explain -- but nonetheless, it is typically acceptable; it doesn't offend me or anyone else I know, whereas "u", "ur", "gr8", and such do. Put it down to some arbitrary meme if it makes you feel happier -- but even if the meme genuinely is arbitrary (and I'm not really inclined to believe so), that doesn't make following it any less of a social norm.
      How very convenient for you.
      My ability to follow norms isn't a matter of luck. I've been around for a while.
      ...especially for something as petty and inane to a technical discussion as prose...
      Good writing is important in technical forums. How To Ask Questions The Smart Way is in my experience accurate in its assertion that those who write carelessly are often observed to be careless in other endevours as well, and that those who write poorly are consequently given less respect on mailing lists and such.
    26. Re:Piece of cake ... by AeroIllini · · Score: 1

      I've been reading for a few years and I still don't know what IANAL means

      I Am Not A Lawyer.

      http://en.wikipedia.org/wiki/List_of_Internet_slan g

      --
      For security, the MD5 hash of this message and sig is 09f911029d74e35bd84156c5635688c0.
    27. Re:Piece of cake ... by stephenslashdot · · Score: 1

      Pretty sure it's an acronym for I Am Not A Lawyer, but don't quote me on that :)

    28. Re:Piece of cake ... by cduffy · · Score: 1

      To be sure, acronyms are widely used -- but acronyms can be used in the context of otherwise-gramatically-correct language, or at least language which indicates enough of an effort towards correctness as not to be an insult to the reader.

      Perhaps in principal some correlation might be made between the practices -- but in practice, one of them is taken by a significant portion of the community to be an affront towards the reader, whereas the other is near-universally considered acceptable in the relevant context.

    29. Re:Piece of cake ... by Anonymous Coward · · Score: 0
      "ur", "ppl", and "prolly" are in fact legitimate Internet slang [wikipedia.org]
      Uh... yeah, sure, use wikipedia as a reference. They are really credible.
    30. Re:Piece of cake ... by PitaBred · · Score: 1

      Ahhh. But there is clarity in those. ppl and ur cause a cognitive disconnect for most of the audience here, whereas /. and IANAL, RTFA, SNAFU, etc. are all parts of the "lingo". TCP/IP? NAT? MAC? WLAN? CPU? RAM?
      It's also partially, like you said, an attachment to someone that's immature, or unlearned. You can type the whole word out most of the time. IANAL is a significant (and important) acronym versus typing out "I am not a lawyer". Hell, that's even hard to type in the first place on a QWERTY layout. "people" to "ppl" is a different kind of abbreviation, and that's what the issue is. It's not that it's short, it's that it's an asinine abbreviation rather than an acronym or something truly functional that retains the meaning.
      And this post is an example of why you should get regular sleep kids. Caffeine is no substitute (even if it is fun)

    31. Re:Piece of cake ... by Prophet+of+Nixon · · Score: 1

      I can't stand 'prolly' but I like (and occasionally use) 'probly'... it needs a 'b' to be the same word to me.

    32. Re:Piece of cake ... by crabpeople · · Score: 2, Insightful

      "Think of /. as a big technical meeting with folks running the gamut from n00bs to accomplished engineers. "

      Yeah um no... Maybe thats what YOU think slashdot is but not everyone is exactly like YOU, now are they?

      To me slashdot is a tech oriented daycare where there are 10 000 people all saying "notice me" or "i have something to contribute" or "in soviet russia..." etc. Most people are generally ignored. People are generally here from 9am to 5pm EST, work in some IT related industry and basically come becuase they dont have enough work to do. The ratio of interesting posts to non interesting usually falls around 1:50 (one out of 50). Critizing someones grammer or spelling is imature in this environment. its not a stuffy academic environment, its not a business environment where we all have to pretend to get along. To me slashdot is where the true flab of the underbelly of the internet occasionally bursts through its seams. If your lucky, you get a small glimpse of reality, like the flab, before the whole thing gets covered with makeup and glitz.

      oh and additionally, i did proof read this post, as i do with all my posts. Perhaps words like 'ppl' arent actually an error, or a product of lazyness. What if they are a natural progression of language? Personally i think that words like 'you' and 'are' shouldn't be shortened. Big words like 'people' should be.

      i did see your user id. it doesnt scare me.

      --
      I'll just use my special getting high powers one more time...
    33. Re:Piece of cake ... by Miaowara_Tomokato · · Score: 1

      acronym != shorthand != IM lingo != text symbol

      Use of one technique while denigrating another does not a hypocrite make. However, you are correct in that one's choice of words and constructs does have a tremendous impact on a reader's perception.

    34. Re:Piece of cake ... by Tim+C · · Score: 1

      /. is used on merchandising as a sort of logo-cum-shortened form.

      IANAL and RTFA are both acronyms.

      "ppl" and "ur" are just stupid. They're just barely acceptable in text messages (where you're severely limited in message length), but completely unnecessary here.

      I know that languages change and evolve, but some changes should be resisted.

    35. Re:Piece of cake ... by Anonymous Coward · · Score: 0

      [SARCASM]

      Your critisizing someone who's using iNternet slanG... on the iNternet?

      http://en.wikipedia.org/wiki/Internet_slang#Common _examples/

      Whose stoopid now? Get with the times jackass! These are common terms that all of us who post on /. show know and MANY of us commonly use. Yes "/." is another sixth-grade abbreviation.

      BTW, how exactly is the word "-close-" pronounced? Last I checked the character '-' was not a part of the engleesh alpahet.

      [/SARCASM]

      And yes... grammar, spelling bad...
      s/Your/You're/
      s/critisizing/criticizing/
      s/Whose/Who's/
      s/engleesh/English/ ...

    36. Re:Piece of cake ... by RJC0708 · · Score: 1

      [quote]Big words like 'people'[/quote] Wow. Just wow.

    37. Re:Piece of cake ... by NatasRevol · · Score: 1

      Coherent spelling is COMPLETELY different than coherent grammar.

      And each has it's nazis. Yay for diversity!!

      --
      There are two types of people in the world: Those who crave closure
    38. Re:Piece of cake ... by lgw · · Score: 1

      The acceptability of the abberiation '/.' is harder to explain

      Actually, it's pretty easy to explain. It represents the joke (well, weak joke anyway) of the name Slashdot.

      "Aitch tee tee pee colon slash slash slash dot dot org slash."

      Not the best joke, but the abbreviation '/.' is inherent in this forum. Nothing wrong with that.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    39. Re:Piece of cake ... by Miaowara_Tomokato · · Score: 1

      ...alumni donations that only happen because the alumni are sports fans...

      I'm not sure about the others, but you can scratch the donations bit from your argument. Here's information from a study.
      When these donations are made, they're also more likely to be made specifically for the sports program in question, and not academic use.

      University executives may not be stupid, but they can fall for the 'common sense' fallacy as well as anyone else.

    40. Re:Piece of cake ... by Anonymous Coward · · Score: 0

      Please stop with the pointless grammar penis contest.

    41. Re:Piece of cake ... by Anonymous Coward · · Score: 0

      I attend Tennessee Technological University. We only have a sports program to give minorities scholarships so we don't lose federal funding. Aside from Indians and a few Pakistanis (i have no clue how to spell that) there are about 10 minority students who aren't on a sports scholarship. Football may cost our school $500,000-$1,000,000 a year. But getting no governmemnt money would be worse

    42. Re:Piece of cake ... by soupdevil · · Score: 1

      How do you say the word "probable?" I say the word "probably" as it is spelled: praw-bahb-lee

    43. Re:Piece of cake ... by cduffy · · Score: 1

      What it is is easy to explain. Why it's acceptable while some other shorthand isn't is a different matter.

    44. Re:Piece of cake ... by John+Hurliman · · Score: 1

      Profitability of a sports program is impossible to figure out, because the pro argument is that a successful sports program attracts students and notoriety to the school and also captures more alumni donations that often make up a good percentage of the school's income. If you were to look only at the accounting books though, you can count all the schools with a truely profitable sports program on one hand and still have some fingers left. The elite Division I-A schools will make money from football and basketball, but this only goes to subsidize the volleyball and tennis and swimming programs along with countless other. Only the top 6% of the I-A schools (i.e. the best of the best) operate in the black. Oh and if you're not Division I-A you're definitely losing money and the sports program is being subsidized.

      An excerpt from a study done by the NCAA on the profitability of college sports: "Spending changes had no impact on win-loss records. Or on alumni donations. Or on the academic quality of incoming students (based on SAT scores and the percentage of applicants accepted), an indicator of school stature and appeal" (In reference to spending changes from 1993 to 2001).

      http://www.ncaa.org/releases/miscellaneous/1996/19 96111901ms.htm
      http://www.usatoday.com/sports/college/2003-08-14- spending-revenue-study_x.htm

    45. Re:Piece of cake ... by cduffy · · Score: 1
      To me slashdot is a tech oriented daycare where there are 10 000 people all saying "notice me" or "i have something to contribute" or "in soviet russia..." etc.
      True -- but that's a Bad Thing, right? Most of those people are noise rather than signal; why cater to them or otherwise permit them to impact your behaviour? And if you're intent on being signal yourself -- well, then, be quality signal, and write what you do in a way that's pleasing for others to read.
      What if they are a natural progression of language?
      It doesn't matter if they're "a natural progression of language"; they're still classless. Have you noticed that people from higher social strata typically pronounce more of the letters of the words they speak, whereas those from lower classes tend to slur or leave sounds out? This was pointed out to me by my wife, who -- while from a lower-class background herself -- spent years of her life taking singing classes (which covered pronunciation and suppression of her native Southern accent) and who for quite some time worked in jewelery sales in establishments catering to the upper middle class.

      Even if the natural progression of language is over the course of centuries, to leave more and more sounds out, that doesn't improve the image you project in the immediate term by doing so yourself. If you want to come off as low-class, by all means participate in this "evolutionary change" -- but if you want yourself to be percieved in a better light, I would advise against it.

    46. Re:Piece of cake ... by Anonymous Coward · · Score: 0

      And this is a message to let you know that you too are stupid.

      You said your message was friendly , yet it calls the recipient 'stupid'.
      Calling someone stupid, is not friendly.

      Please learn at least a minimum sixth-grade level of logic before inflicting yourself on us.

      Thank you!

    47. Re:Piece of cake ... by ZenShadow · · Score: 1

      Explaining that difference is like explaining why the word "fuck" is considered "dirty" by our society where "have sex" isn't.

      The problem that this crowd has with ppl and ur is that they were born of laziness in combination with the lack of typing ability on the part of the multitudes of folk from the Summer That Never Ended.

      Prior to that event, it wasn't such a big deal.

      But now when u see a bunch of ppl that come from aol doin the txt msg thing, it gets fuggin annoying.

      See the difference? If you don't want to look (a) computer-illiterate and (b) like a high school teenager, then dont' use them. If you are either of those things, then whatever, I probably don't deal with you much online anyway :-)

      --S (some of us hear what we read...)

      --
      -- sigs cause cancer.
    48. Re:Piece of cake ... by Anonymous Coward · · Score: 0

      Did you understand what he was saying? Yes? THEN STFU the point of communication is mutual understanding. Not following a primitive rule set for a language that's experiencing frequent and regular updates to it's vocabulary. Frankly his "english skills" could use some work, however thats not an excuse to be an ass about it. It's sad when someone who supposedly is very knowledgeble about a language fails so utterly to understand how language as whole works.

    49. Re:Piece of cake ... by Anonymous Coward · · Score: 0

      It's grammar, not grammer. Also, immature, not imature. You should capitalize the first word in your sentences. "It's" should be used for the contraction of "it is," and "its" is the possessive word. Similarly, examine your usage of "you're" and "your."

      Really, these are the natural progession of language if everybody drops out of school at about the fifth grade.

    50. Re:Piece of cake ... by cayenne8 · · Score: 1
      "Stadiums and Arenas that could house all the US homeless 10 times over..."

      Hey, if most of those 'homeless' would get off drugs/booze..go out and get a freakin' job, they'd be able to get a 'home'.

      A person needs to be responsible and take care of themself, it is NOT the responsibility of the government to hold your hand. We're not a 'nanny' state...................yet.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    51. Re:Piece of cake ... by Anonymous Coward · · Score: 0

      I didn't know IM-lingo became an official means communicating.
      Until it does, people should write properly, since slashdot postings are not time-constrained IM sessions, where someone on the other end is expecting a quick reply. Take the time, and do it right.

    52. Re:Piece of cake ... by ILikeRed · · Score: 1
      It doesn't matter if they're "a natural progression of language"; they're still classless. Have you noticed that people from higher social strata typically pronounce more of the letters of the words they speak, whereas those from lower classes tend to slur or leave sounds out? This was pointed out to me by my wife, who -- while from a lower-class background herself -- spent years of her life taking singing classes (which covered pronunciation and suppression of her native Southern accent) and who for quite some time worked in jewelery sales in establishments catering to the upper middle class.

      I think you have just shown that you and your wife are not very well traveled inside the US, and even less so outside of the US. (e.g. You have not seen high society in Boston, Montreal, much less much of France, and regions of Spain near France, and those are just the limited examples that I am aware of where whole sections of words are not pronounced by classes of people that I suspect both you and your wife would feel very uncomfortable being with.)

      You have also shown you have never taken a good college level course in linguistics. And from everything I have read and heard from the researchers at the Oxford English Dictionary, they would find your point of view interesting, but at least historically incorrect.

      --
      I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress -J Adams
    53. Re:Piece of cake ... by Anonymous Coward · · Score: 0

      I guess you're jsut an illiterate dumbass

    54. Re:Piece of cake ... by twofidyKidd · · Score: 1

      "'ur', 'ppl', and 'prolly' are not even -close- to words."

      So not true. "ur" is pretty close to the word "fur", "ppl" just needs a couple of vowels and you get "apple", and "prolly" could undergo a letter change and another vowel addition, and you get "trolley."

      So...yeah... you know... pretty close to words...

      Cmon, this is slashdot.

      --


      Hades, PoD: Official Advocate
    55. Re:Piece of cake ... by lgw · · Score: 1

      Getting the '/.' joke identifies you as a geek.

      Using 'ur' and 'ppl' identifies you as a non-geek.

      Only members of the tribe are welcome.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    56. Re:Piece of cake ... by ILikeRed · · Score: 1

      You can even help the Oxford English Dictionary find new words.

      My favorite is to bonk. Slashdot is on the cutting edge of language change - some things will not stick, but many will.

      --
      I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress -J Adams
    57. Re:Piece of cake ... by SmellMyTeenSpirit · · Score: 1

      ""ur", "ppl", and "prolly" are not even -close- to words."

      No, actually they're very close to words. Pgfjopt is not even -close- to being a word in English. Prolly could easily be a world, as could ur. Although I must admit that it would be a stretch to get people to use "ppl" as a standard spelling.

      But really, would it be all that unreasonable to spell [pipl] (with the l being syllablic) "ppl"? If you pronounce the first p "pee" (as if you were saying your ABCs), the second p as a simple voiceless bilabial stop (maybe aspirated, I'm bad at transcription), make the "l" a syllablic consonant and poof!, you have the correct pronunciation of the word "people". It's just as easy/good/right as saying that you have to figure out that "peo" is pronounced "pee" and that "le" means syllabic l and not "luh" or "lee" or "leh".

      While everyone appreciates your snobbery (I personally find it hilarious AND insightful), stupidity has nothing to do with it. It's not as if he's trying to spell things your way and failing.

      George Bernard Shaw signed his letters "yrs sincerely," and as far as I can tell, no one ever faulted him for it. But that's because people were stupid back then and didn't notice that "yrs" isn't EVEN CLOSE to being word. I DONT EVEN KNOW WHAT HE MEANT! FOR THE LOVE OF GOD, WILL SOMEONE PLEASE TRANSLATE THIS IDIOT SPEAK FOR ME!?

      And I apologize for mocking you, it's just that I resent people who (incorrectly) associate variant conventions of speaking of spelling with intelligence.

      --
      "Cornflakes are not the innocent critters they seem"- Sterling Morrison
    58. Re:Piece of cake ... by torokun · · Score: 2, Funny

      I would suggest:

      probably -> prolly
      probable -> prol
      probability -> prolity

    59. Re:Piece of cake ... by laughingcoyote · · Score: 2, Insightful

      Well then, since it's so easy, let's have a bit of a challenge here.

      Throw away your ID, birth certificate, social security card, credit cards, and any other documents or identification. You won't be needing them for this challenge-for the homeless, they're long since lost or stolen.

      Throw away any cash you have on hand, your car keys, your checkbook, your ATM card, and any other access to currency. If you want money, you will have to go hold out a sign, perform on the street, or otherwise get hold of it that way.

      Now, you're not quite good and homeless yet. Don't take a shower or change your clothes for a week.

      Now-go find a job. And if you can do it, I'll happily agree with your point.

      --
      To fight the war on terror, stop being afraid.
    60. Re:Piece of cake ... by Em+Adespoton · · Score: 1
      Just so that you know, "it's" is a contraction of "it is;" "its" is the word you were searching for.

      There's nothing that get's me more than random apostrophe's that loose there meaning. ;)

    61. Re:Piece of cake ... by grimharvest · · Score: 1
      Sorry you think you should be allowed to speak like an idiot and have no one say anything, but that's not how this world works.



      The idea of someone talking like an idiot is a matter of opinion and doesn't even prevent someone from reaching the White House, so why should it matter on Slashdot?

    62. Re:Piece of cake ... by cduffy · · Score: 1

      I think you have just shown that you and your wife are not very well traveled inside the US, and even less so outside of the US.

      Guilty as charged -- and I'm certainly not about to dispute your assertions, having neither data to do so nor any reason to believe that they're other than correct: My background is strictly West-coast US, and my wife has rarely left her native state of Texas. My assertion was, again, based not on any study of linguistics on my own part nor extensive personal experience but rather a rule of thumb taught to my wife in her time as a music student. I'd argue that in the context it was given (southern US) that this rule is largely correct, but gladly abandon any assertion that it applies elsewhere or as a general rule. I'd further argue that even if it fails to hold universally true with regard to speech that the written analogue is nonetheless applicable.

      (As an aside, I've yet to meet anyone I'm uncomfortable being with -- I grew up in a upper-middle-class family but, on account of my father's involvement in local politics, have long been accustomed to interacting with my betters).

    63. Re:Piece of cake ... by orcus · · Score: 1

      There's nothing that get's me more than random apostrophe's that loose there meaning. ;)

      Ok - I'll take the bait...

      I believe you meant "...lose their..."

      Happy to help :-)

      --
      First they burn books, then they burn people.
    64. Re:Piece of cake ... by drn8 · · Score: 0

      These aren't new words symbolizing new concepts or new ideas. These are bastardizations of words we already have.

      You do not seem to be using the Queens english my dear sir.

      This generation already has enough to be sorry about to future generations ( DMCA, Dubia, Iraq, Oil dependancy, Privacy and Freedom limitations on a daily basis ), let's not give them something else to hate us for.

      Not MY generation, I'm only 25. The generation you are thinking of must be your own.

      Sorry you think you should be allowed to speak like an idiot and have no one say anything, but that's not how this world works.

      I think the fact that you are "speaking" disproves this statement.

    65. Re:Piece of cake ... by Damvan · · Score: 1

      Nice and compassionate there. Another one of those idiots spouting the usual "They are only poor because they are lazy" bullshit. Grow a conscience, asshole.

    66. Re:Piece of cake ... by Ex-MislTech · · Score: 1

      Hahahahaa, this makes my point very well .

      Pointless grammar penis contest...

      Priceless .

      Ex-MislTech

      --
      google "32 trillion offshore needs IRS attention"
    67. Re:Piece of cake ... by Red+Flayer · · Score: 1

      "What it is is easy to explain. Why it's acceptable while some other shorthand isn't is a different matter."

      I think it's fairl easy to explain... ur and gr8 are lazy shorthands that sometimes replaces words that we've been using and writing our entire lives, and are ingrained in our accepted language.

      Slashdot is a newer term not as ingrained in our culture, and also is a verbal representation of /., so the shorthand /. is actually the original 'term.'

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  37. Cease and desist by Atario · · Score: 1

    Dear eno2001 (527078):

    It has come to my attention that you have made an unauthorized use of my copyrighted work entitled Planet Of The Apes (the "Work") in the preparation of a work derived therefrom. I have reserved all rights in the Work, first published in Feb 8, 1968, and have registered copyright therein. Your work entitled Ignorance of the law is not innocence clearly used the Work as its basis ("Law givers").

    As you neither asked for nor received permission to use the Work as the basis for Ignorance of the law is not innocence nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.

    I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by Dec 27, 2005 indicating that you have fully complied with these requirements, I shall take further action against you.

    Very truly yours,

    APJAC Productions, Inc. & Twentieth Century-Fox Film Corporation

    --
    "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
    1. Re:Cease and desist by eno2001 · · Score: 1

      No worries mate. I made a bonfire upon receipt of this message and proceeded to burn everything involved. The laptop, the router, and my own fingers (that was an accident though). I then flew in a plane to Spokane where my ISP is based and set fire to their building. Now... what's your address so I can burn up your computer as well since my IP violating work is sitting in your IE cache? I can be there within a day... ;P

      --
      -"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
  38. Re:Perjury is a Crime by ArcadeNut · · Score: 4, Interesting

    Who's going to believe that a man with 4 networked computers (one recently "cleaned"), high speed internet, and a wifi setup (perhaps with security disabled for just such a defense) is a "computer novice" subjected to the attacks of a roving gang of drive-by internet pirates? I'm sure it looks good for his friends and family to hear him proclaim innocence to the claims, but he should be aware that perjury is a crime!

    Um... ME? I help friends all the time with their computers. In fact I am about to help a friend set up the fourth computer in his house. He has one, and all 3 of his kids have their own computers. Guess what? They are all networked and they use WiFi to do it.

    Why am I doing that? Because he and his family are novices when it comes to networking.

    As for the clean machine? First thing I do is wipe the drive and reset it up to get rid of all the preloaded crap from the factory. Guess I'm trying to hide something too...

    --
    Visit the Arcade Restoration Workshop @ http://www.arcaderestoration.com
  39. Re:Perjury is a Crime by Anonymous Coward · · Score: 0

    Perjury is lying under oath in a court of law, not to a press reporter.

  40. I PVR'd the movie off the HD movie channel then... by tawker · · Score: 0

    showed it to 50 friends, in near HD perfection! I only paid $12 for the movie channel, I must be stealing the information!!!!!!!

  41. hmm, by Anonymous Coward · · Score: 0

    maybee it's just me, but should they be able to seize his computers simply because they say he uploaded something?? isn't that illegal search and seizure?? Don't they have to have some evidence he actually did it??? havn't they been wrong a number of times already. isn't someone going to stop this. someday. Please.

    1. Re:hmm, by wombert · · Score: 1

      It's not illegal if they obtained a warrant or court order. They likely were able to produce their logs of the IP address used (or some similar information), along with sufficient info from his ISP to tie it to him specifically. I doubt they knocked on his door without the piece of paper saying they could.

      --
      Did I say overlords? I meant protectors.
  42. What did he expect? by dirtsurfer · · Score: 3, Funny

    If he didn't want to draw attention to himself, he shouldn't have been going by the name "Ohio Man" in the first place.

  43. You know... by DwarfGoanna · · Score: 4, Interesting

    I don't live too far from this guy, and it just struck me that maybe the idea is to hit a sweet spot geographically with these lawsuits.How do they decide who and when to sue anyway? I'd be really interested to see a map overlay of the places media cabals have filed suit against people. I have a hunch its pretty well distributed across the US.

    --

    "You know why you do not see me styling wit my homies? Because I have no homies!!" -Mojo Jojo

  44. Re:Perjury is a Crime by JimBoBz · · Score: 1

    I have 3 cars, one recently "serviced". Does that make me a mechanic or even an expert on cars?

    --
    For your poor moderation, you have been assessed a karma penalty.
  45. Future laws... and the guy's full of sh** by mark-t · · Score: 1
    I expect future laws to come into play at some point about unsecured wifi. Not that unsecured wifi will actually be against the law (which would be unenforceable, to say the least), but that running unsecured wifi will make one legally responsible for any illegal activity on that network, even if they did not actually know that illegal activity was occurring.

    Oh... and the concept of a "drive by downloading"?? Get real. In my experience with wifi, unless the access point were actually on the outside of the house, or unless he's using a souped up antenna (and possibly breaking FCC regulations) the range wouldn't generally be long enough to accomodate someone with a laptop in a car on the road. If someone was using his wifi connection, they were almost certainly actually *ON* his property.

    1. Re:Future laws... and the guy's full of sh** by wombert · · Score: 2, Interesting

      Waaait... hold the network owner responsible for "enabling" an illegal upload, instead of holding the actual culprit responsible? If we did that, why not just fine the ISPs every time a copyrighted file is transferred illegally? After all, they're ultimately enablng the exchange by providing access.

      --
      Did I say overlords? I meant protectors.
    2. Re:Future laws... and the guy's full of sh** by Anonymous Coward · · Score: 0

      You obviously have no idea what you're talking about. Ever hear of war driving? Granted, the signals arent great, but it IS possible.

    3. Re:Future laws... and the guy's full of sh** by masdog · · Score: 1

      I can access my access point up to a block away from my apartment building, and when I visit my parents, I can get see my neighbor's access point several houses away. Again, this is not conclusive by any means.

    4. Re:Future laws... and the guy's full of sh** by damsa · · Score: 1

      If someone breaks into your house because it was unlocked and kills your wife, then you should be in jail not the killer. Makes perfect sense to me.

    5. Re:Future laws... and the guy's full of sh** by Aaron+Denney · · Score: 1

      It was a one-armed man...

    6. Re:Future laws... and the guy's full of sh** by Anonymous Coward · · Score: 0

      I don't know how many folks on /. travel to small towns abroad, but here is a scenario that I ran into a few months ago.

      I was checked into a room on the second floor of a hotel, in a smallish town (~25,000) that was right next to a residential area of ~150 houses. Netstumbler found several (4) low cost persistent connections, wide open to the world. I had the choice of choosing being monitored by $corporate hotel IT staff, or using Joe's free ISP. Needless to say, a connection was made and all went well.

      I didn't use anything other than the basic internal antenna on my laptop, so I didn't pull in a S9 signal, but I had access and that is all I ever wanted.

      As others have said earlier on /., ISPs are merely conduits for their customers, so I don't think for a minute that ANY action from the **AA is going to persuade a judge to force them to monitor and be responsible for the traffic going into and out of their network. They take a defensive approach when it comes to copyright enforcement. **AA gives notice, they relay information. They will never have the ability to monitor and react to users in real time when it comes to this sort of thing.

      Why do you think the courts would ever consider a unsecured access responsibility law for consumers, when any network that is once considered secure, can quickly be unsecured if one monitors enough traffic. If I was ever sued by the **AA, I would print out a txt list of each and every open access point in the world, to show the jury that it is unreasonable to enforce such craziness for the profit of a few companies. Also the loss calculations are purly fictional.

      You can't force the people to be responsible for higher technology problems, simply because there is NO way for them to truly be secure.

    7. Re:Future laws... and the guy's full of sh** by kerrle · · Score: 1

      I don't know what the heck you're talking about; I can connect to this $40 access point I just bought three houses away.

      I actually got outside and walked until I lost signal because I wasn't sure how serious I needed to be with security. If a $40 linksys can do it off the shelf, I don't think it's that hard to believe.

    8. Re:Future laws... and the guy's full of sh** by iapetus · · Score: 1

      Look, please don't give them ideas like that...

      --
      ++ Say to Elrond "Hello.".
      Elrond says "No.". Elrond gives you some lunch.
    9. Re:Future laws... and the guy's full of sh** by Gen.+Malaise · · Score: 1

      You dont use much wifi do you? Now I dont live in BF egypt like that but in NYC I can get wifi on my laptop from my car pretty much anywhere I want... And I have borrowed some net access in the past, but only for work not to U/L anything.

    10. Re:Future laws... and the guy's full of sh** by Anonymous Coward · · Score: 0

      Your experience is obviously lacking then....

      I've yet to find an unsecured WAP that I couldn't connect to from outside the building using a DLink PCMCIA card or the built in Intel chipset on a Thinkpad T42 with no Cantenna or driver tweaking of any kind.

    11. Re:Future laws... and the guy's full of sh** by mark-t · · Score: 1

      The only way an average joe is going to qualify for common carrier status is if they are providing internet services to other people in an official capacity, which is almost certainly violating their ISP's usage agreement.

  46. Coach Carter by mattwarden · · Score: 5, Funny

    I hadn't heard of this movie until this story. Further proof that piracy helps the movie industry.

    1. Re:Coach Carter by kwoff · · Score: 1

      That should be modded 'Insightful'.

    2. Re:Coach Carter by spoonyfork · · Score: 1

      I was going to comment on how we never hear about piracy of anything considered to be of quality. But I can read your subtext and considered it done. Why do you think it is always the pop culture crap that the *AA go after? It must be the thick revenue streams where Commonism lives that they are trying to protect, not the art itself. Regardless, I would be so ashamed if I had to fight legal action for uploading a Madonna song or something. All my friends would be like "I read about your lawsuit on slashdot... you watched Coach Carter? *snicker*"

      --
      Speak truth to power.
    3. Re:Coach Carter by Anonymous Coward · · Score: 0

      So you are now going to buy the movie on DVD?

      If not, then piracy didn't help, now did it?

    4. Re:Coach Carter by necro2607 · · Score: 1

      Same dude, I hadn't heard of it either. I 100% agree that piracy helps the music/movie industries. It's free advertising!! What a luxury for these assholes! We advertise for them, and they send *us* a bill for it!

    5. Re:Coach Carter by mattwarden · · Score: 1

      It's a joke. Literally speaking, their suing people for piracy led me to hear about the movie.

  47. Re:Tech Novice? I have more than 4 by terminal.dk · · Score: 1

    I have currently:

    Sinclair ZX-81 (SInclair/Times if you live on the wrong side of the sea)
    Sinclair QL
    XBox (Yes, this is a PC)
    AMD based PC, running Linux (mail, web etc)
    Intel Dual Core PC for gaming and a few other apps
    Mac Mini for all the useful stuff.

    Then of course I have a Linksys WRT54G (this is a Linux box), a Linksys NSLU2 Network Storage device, running Linux.

    I have a few drives in a big box of old equipment.

    Maybe I should get busted as an 8-computer geek ?

    The right way to share movies would be to use the NSLU2 with an encrypted filesystem (not Samba shared) to do it. They would never find things there.

    On the other hand, if you share files, you have the originals somewhere.

  48. Wait, did you say "Computer?" by Errandboy+of+Doom · · Score: 1

    Maybe they meant something else.

  49. More information needed... by Barkmullz · · Score: 5, Insightful

    I have 5 networked computers at home. My WAP's security is a bit shaky. I sometimes "clean" computers. This is not enough information to determine if he did it. I would like to think the prosecutor have more information that we are not privy to.

    This guy I know has a lot of guns. He also makes a lot of his own ammo. Recently, he *gasp* cleaned his pistol. Clearly he is hiding evidence and he is the killer we are looking for.

    --
    Ronald said nothing. He flung himself from the room, flung himself upon his horse, and rode madly off in all directions.
    1. Re:More information needed... by SatanicPuppy · · Score: 1

      I have to say, I specifically made my WAP security shaky because of crap like this. You come in on my wireless, you get no access to anything but the internet, but you can do whatever you want with that. I also took the added security precaution of naming my WAP "I read yer email".

      So when the RIAA comes beating on my door because some pirate shop in China's been spoofing an IP which randomly happens to be mine, I can just say, "Unsecured Wireless", and give them the finger.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    2. Re:More information needed... by Essellion · · Score: 1

      This guy I know has a lot of guns. He also makes a lot of his own ammo. Recently, he *gasp* cleaned his pistol. Clearly he is hiding evidence and he is the killer we are looking for.

      Of course to make this analogy complete, you'd have to add that the shot was fired from his house.

    3. Re:More information needed... by ichin4 · · Score: 1

      I would like to think the prosecutor...

      There is no prosecutor! This is a civil suit. It's a matter between Paramount and the man in question. The government just supplies a judge.

      Also, because this is a civil suit, the standard of proof is "by a preponderance of the evidence", not "beyond a reasonable doubt". That means that, even it's concievable that the guy is the victim of a drive-by uploader, as long as the court believes that it is more likely that he did the deed, it will rule for Paramount.

  50. Re:Perjury is a Crime by damsa · · Score: 1

    Like others stated it's a civil matter, it's preponderance of the evidence standard and no one is prosecuted.

  51. so ...... by Fullaxx · · Score: 1

    He's either guilty or innocent? good headline ....

  52. Seriously by sieb · · Score: 4, Insightful

    Why are all of these lawsuits based on false numbers? $100,000 for a movie that sucked which he may/may not have uploaded. "Who cares, take everything he has, someone has to pay!" Its not like Paramount would ever see that money anyway, it all goes to the lawyers. And its not like that guy could just fork over 100grand either. He'd have to file bankruptcy. Aside from ruining the rest of his life financially, they still wouldn't get any money out of him. Sure, you could say "these deter would-be pirates." My ass, just hits home that all any big company cares about is money, even if they have to ruin your life to get it..

    1. Re:Seriously by infinite9 · · Score: 3, Informative

      He'd have to file bankruptcy.

      Actually, thanks to the new bankruptcy laws that went into effect on October 17th, he would most likely be forced into a chapter 13 where he would be required to make payments on possibly the entire amount through the courts for the next seven years. If I were the target of this sort of corporate oppression, I would seriously consider moving my family to a different country.

      --
      Disconnect your television. Do your own research. Draw your own conclusions. They're probably lying. Don't be a sheep.
    2. Re:Seriously by smoker2 · · Score: 1
      he would most likely be forced into a chapter 13 where he would be required to make payments on possibly the entire amount through the courts for the next seven years.
      In which case, he would be better off by robbing a bank and getting convicted, so that the state has to pay for his upkeep for the next $sentence years.

      Which raises the question - if they succeed in making "piracy" a criminal offence, will they have to wave bye-bye to the ridiculous sums of money they are claiming ?
      But of course they would be getting their brand of justice at the taxpayers expense then, rather than employing those rip off lawyers to do it.

  53. How can anyone draw any conclusions?? by masdog · · Score: 1

    I don't get how anyone can draw any conclusions off of this article. Its too succinct to give anything more than a basic "who, what, where, when, and why."

    Maybe this guy is smart enough to upload the movie, wipe his files, and then claim it was a drive-by uploading. Or maybe he really is innocent. All that we know right now is that this man is being sued for a buttload of money on some circumstantial evidence.

  54. Nearby home? by JumperCable · · Score: 2, Informative

    It appears that our man in question, living in Blue Ash resides near where this dot on the map sits.

    Although trees to obscure some of the houses, it appears fairly dense. Also the plot size for houses along his stretch are about 40-45 feet in width and 160 feet in depth. How unrealistic is it that someone in a nearby house (or kid) that is fully aware of the risks, is taping into his wireless access point?

    802.11g suggests that you can get up to 200 feet and still connect. Minus walls etc about how many houses do you think could have done it? What about the distances on other wireless standards?

  55. most likely the guy is jumping to conclusions by kavau · · Score: 1
    Who the hell wants to 'share' a movie with others of p2p networks so much that they would go war-driving?

    Somebody who wants to stick it to the movie industry.

  56. Guilty until proven innocent where you come from? by syukton · · Score: 4, Interesting

    Who's going to believe that a man with 4 networked computers

    The article didn't say they were networked. The article said, "Paramount has looked at all four computers in Lee's home, alleging he had one of them cleaned to erase evidence."

    And what does cleaned mean, really? The article doesn't clarify. Does cleaned mean he got so sick of Windows running slow from spyware that he reinstalled his operating system, formatting the drive in the process because his friend told him to do so? Do you think that might be possible, mister guilty-until-proven-innocent with your snarky little perjury-is-a-crime comment bullshit?

    Do you know how many people have wireless set up because their "Home DSL/Cable Gateway" that the man at bestbuy/circuitcity/compusa sold them on the pretense that "wireless is the future" and "if you get a laptop you can roam your house and always be on the internet." Care to venture a guess at how many stupid consumers get duped into that one? That's right I said stupid consumers, people who don't know how to secure the WAP they just bought "to keep the hackers out of [his] computer."

    And before you go on the "why would a computer novice have FOUR computers?" rant, I offer you this: It's 1990, a man gets a computer. It's 1994, the man's computer stops working, he puts it in the closet, he gets another computer. It's 2000, his second computer stops working, he puts it and the first out in the garage and gets a new one. I'm sure you can guess where the fourth computer came from unless you are actually as stupid as your comment would lead me to believe.

    Really, I don't know how you got modded insightful at all, because you lend no insight to the conversation, only FUD.

    --
    Reinvent the wheel only at either a lower cost, greater effectiveness, or your own personal enrichment and satisfaction.
  57. This is why I carefully secure my wireless connect by melted · · Score: 1

    This is why I carefully secure my wireless connections. The guy may be guilty or he may be not, but the fact remains - if you have an unsecured wireless AP, for all you know someone may be using it to upload/download kiddie porn. Enable WPA, disable SSID broadcast, enable MAC and IP filtering, use strong password on your router, plug all firewall holes and it will be a lot harder for folks to use your AP without your permission.

    Or you can just sit there and wait for the police knocking on your door and charging you with a crime you know nothing about.

  58. unemployed pirates by pintomp3 · · Score: 2, Funny

    it's all capital one's fault. all these pirates have nothing else to do so they upload movies. (please don't mod me offtopic just because you don't watch tv).

  59. Yeah right, in your dreams by bjoeg · · Score: 1

    As lot of threads says, you cant really judge much to the /. brief, maybe he was a victim or maybe he was clever, but what were his habits. As other says, 4 computers, DSL/Cable access and wifi, somehow this user seems a bit over the average Mr. & Mrs. Smith.

    Meanwhile at Paramount Pictures:

    Smithers: "Mr Smedley, I'm sad to report that we cant find any trace of Coach Carter, but we did find 1000 mp3 songs of various artist and Star Wars: Revenge of the Sith and some unreadable scrambled data in the empty sectors of the drive"
    Smedley: "Darn-ji-ga-di-duh we have to give back the computers to him, we have no logs from eDonkey regarding scrambled data"

    (Smithers and Smedley are totally fictive characters)

    And the conclusion, people are still using eDonkey, eventhough it is known to be another of the most monitored networks, and some users are not using tools blocking suspectable IPs.

    1. Re:Yeah right, in your dreams by surprise_audit · · Score: 3, Interesting
      As other says, 4 computers, DSL/Cable access and wifi, somehow this user seems a bit over the average Mr. & Mrs. Smith.

      That's not so far fetched, actually. Around here, Cox Cable would come out and install a home network package for you, with cable modem and multiport firewall/router. I didn't read TFA, but 4 computers could easily be one each for him, his wife, and 2 kids. Or one or more might be virus-ridden junk that were "upgraded" rather than being wiped. The one that was wiped could have been taken back to the store for reinstallation.

      Computers have approached commodity status these days - you can get a reasonable PC for around $300 and non-tech-savvy folks wouldn't necessarily know that they get dog slow when loaded with viruses and spyware. They'd assume that, just like a fridge or TV or cooker, the PC is wearing out...

    2. Re:Yeah right, in your dreams by nojomofo · · Score: 1

      Let's see. My parents (60-ish, I would describe them as novices - they can install simple software, but that's about it) have: cable modem, wi-fi, and currently use: 1 laptop and 1 desktop. I know that they still have 1 old laptop and 1 old desktop in their house. It's possible that they have computers even older than that, but they really do have 4 computers, wi-fi and cable modem. They barely know how to burn a cd, much less upload a movie.

  60. 1/1,000,000 chances happen 9/10 by barefootgenius · · Score: 2, Interesting

    "Hey Frank" "Yeah?" "I need to be towed, my cars broken down" "I can't man. I've taken to much time off work lately anyway. You'll have to wait." "Ahh, shit. Ok then, I'll just sit here and play games on my laptop shall I?" "You'll have to, I really can't come. I'll tow you after work." "Cheers man. Hey, out of it" "What is it?" "My laptop is going off. Some novice tech must have left their wireless open. Hell, its got good bandwidth, bitorrent is maxing out" "Sweet. Oh well. I gotta get back to work. I'll see you after."

    --
    /. bug #926803 - Why I can post.
  61. Re:Perjury is a Crime by Hannah+E.+Davis · · Score: 5, Interesting

    Dude, I'm a 3rd year computer science student, I know how to network 4 computers (I've got 3 at my disposal right now), set up a high speed connection and use wifi... but if someone told me to make my network secure, I wouldn't even know where to start. Well, I suppose Step 1 would be pulling up Google, but I'd still be out of my depth -- all I know about networks (beyond what I need to know to get through a basic network setup wizard) is that they have layers and... uh... stuff. Something about connecting things... and sending packets that look kinda like mRNA when you draw them. And opening sockets has something to do with it as well. I can do that in C.

    In any case, the guy may still be guilty, but I'm just saying that basic knowledge of some aspects of computing does not necessarily mean that he has ANY knowledge of network security, and he may well consider himself a novice in part because of his lack of knowledge in that area.

  62. a computer novice? by nilbog · · Score: 0, Redundant

    Since when to computer novices have 4 computers?

    --
    or else!
    1. Re:a computer novice? by Anonymous Coward · · Score: 0

      since when has tech-savy people used eDonkey?

  63. porn by pintomp3 · · Score: 2

    i'm curious. i don't hear much about the porn industry going after file-sharers. it's not like there isn't any porn on kazaa, emule, bittorrent, or usenet. hell, it's probably the majority of traffic on any file-sharing network. do they not care or just don't have enough politians in their pocket? or is file-sharing not enough of a loss to them (lower production cost)? also, it seems like the porn film industry is more lucrative than ever. maybe the file-sharing helps them by increasing their market? donno, can anyone shed some light?

  64. Reasonable Doubt. by Anonymous Coward · · Score: 0

    Proof of burden lies on the accuser, at least in this country.

    Is there a reasonable doubt in regards to what this man did? Yes, because there is no physical evidence that -he- did anything.

    Doesn't it seem rational that a $100,000 claim should require substantial proof beyond what one party seems as 'likely' ?

  65. Not anymore... by Anonymous Coward · · Score: 0
    I thought it was "innocent until proven guilty."

    Not anymore. Its now "Guilty Until Proven Rich".

  66. Assuming he's found innocent by EvilNutSack · · Score: 1

    Can he countersue? I know I'd be pretty peeved if I lost my PCs for x months and didn't get any compensation for it.

    --
    --
  67. Re: WLAN working distances by Anonymous Coward · · Score: 0

    Wireless LANs have a much further range than you think. The "Drive By" can have an external anttenna hooked up to a high power WLAN card. A legal power withan external anttenna can get to 200-300M away and still transfer at 10Mb/s. That is faster than most upload rates here in the US (256Kbps - 768Kbps). Certain older generation 11b cards can push 200mW more than 4 times the legal power limit and that roughly doubles the connect distance. I have seen WLAN cards work at 1500 feet to the nearest WAP.

    Much of the time range is reduced not by power distance limits, but by congestion, both by other WAPs and by other devices using the same band like cordless phones and wireless headphones.

    Lastly, a drive by would select those unsecured links with a high upload speeds with little use. With a 768Kb upload, you can sit quietly by and upload 700MB in less than 2 hours. Finding a WAP with access to something faster like a T1 or 10BT connection would cut that down to as little as 12 minutes.

    And of course, if you left one of those computers unsecured, you could upload the file to it and a script that uploads the file to the bittorrent site and then erases all trace of itself. That can be done at 2AM in the morning when the owner is likely asleep and it takes one less than a quarter hour, no matter the upload speed of the internet connection.

  68. How does it all work by earthstar · · Score: 1
    A movie/music company scans a user's computer,
    • figures out how many songs were downloaded
    • what songs were downloaded,How long the file was on the hard disk[If the user claims he downloaded the song only to sample,they counter by saying the file was never deleted]
    • for how long the users has been doing this..

    How the hell are these companies able to do this....we talk all the time about protecting the PC from Virus/Malware/spyware,we use antivirus/Firewall/router & all those things to protect the PC,But isnt there any protection from falling victim to these guys???No Software?
    For any security hole in browser/OS we crib so much,but what about this BIG HOLE in our computers that allows these companies to do all snooping work??

    1. Re:How does it all work by bjoeg · · Score: 1

      This was actually shown on G4 (US tech based TV station) in the old ScreenSavers show, where some guy showed a program built to monitor and display requests from P2P network.

      So I guess over a period of time you just collect enough information, pick out the top 10 IPs, get user information from the ISP and make a visit with local authorities, and if they find matching files on the hardware collected have your VISA ready.

  69. give up already! by Anonymous Coward · · Score: 0

    I cant wait until the day that MPAA throws in the towel.

    They are just wasting their time going after all these people
    fining them thousands of dollars they'll never be able to payback.
    Spending huge amounts of money on lawyers, agencies that
    are tracking all these uploaders and ad campaigns. When really
    they are probally costing themselves more in money in the process.
    Sure they nab 25 people but by the end of the day 50 more just got
    a pc or broadband are uploading 2x as much.

    Meanwhile technology will continue to advance and soon people will be
    downloading uncompressed hd-dvd quality videos quicker than sh!t.
    If they were smart they should be putting the majority of their resources
    into finding new and better ways to release films instead of trying to put
    out a forrest fire with a super-soaker.

  70. Re:Perjury is a Crime by Luckster7 · · Score: 1

    I thought it was "innocent until proven guilty."

    Wrong court system. In civil court you have to prove your innocence.

    A friend of mine was recently sued by Direct TV because he baught an ISO-7816 programmer. It's irrelevant that he didn't use it to hack Direct TV (he used it on Dish Network, but he could have used it for thousands of different applications). Under Civil law, and especially the DMCA, you have to prove you more than likely didn't do it. In my friends case Direct TV had apparently taken over a hacker website which was in their posession. Direct TV flat out replaced peoples signatures on these files with my friends name. They had him living in Canada in some posts, living in South America in other posts, and back home in America in others. My friends lawyer said at absolute best they could get that evidence thrown out, but they would just create more. Finally my friend listened to his lawyer and just paid Direct their $10K black mail fee.

    These lawsuits are not about innocence/guilt. They are the new corporate profit model and scare people into submission at the same time. The DMCA allows these companies to file a lawsuit w/o a judges approval (previously required) and also lets them put dozens of victims on one piece of paper for one low cost court filing fee.

    --
    Deuteronomy 13:06-9
  71. Would it be that hard to get away with it. by Sherboba · · Score: 1

    Use a system with two optical drives. Load into Knoppix, rip DVD you just rented, upload to several hosts, reboot.

    1. Re:Would it be that hard to get away with it. by daverabbitz · · Score: 0

      Use a system with two optical drives. Load into Knoppix, rip DVD you just rented, upload to several hosts, reboot.


      you'd need a fair whack of ram to do that (8GB?), would't not be easier to kill syslogd, and use a temporary partition/loopback?

      --
      What could be better than a jet powered motorcycle? http://www.youtube.com/watch?v=u8l6GTHLSWE
  72. Re:Perjury is a Crime by ProfanityHead · · Score: 0

    If they can't find the files in question on his machine AND he can produce reasonable doubt , they 'should' have a tough time prosecuting him.

    Reasonable doubt in a civil suit? Is no such thing.

  73. partimage has limited FS support by ThreeDayMonk · · Score: 3, Informative

    I use partimage off a CD for Windows or Linux partitions.

    Given that, according to the link you gave, partimage's support for NTFS is experimental and for HFS beta, the grandparent's method of zeroing, dd'ing and compressing seems a safer bet if it's not one of the stable supported file systems.

    Yes, yes, I'm sure that it will probably work, but sometimes you need to be sure. After all, a backup that won't restore properly isn't a lot of good.

    --
    If your comment title says 'Re: Foo', I'm not likely to read it.
    1. Re:partimage has limited FS support by cduffy · · Score: 1

      There are other FS-aware tools available. ntfsclone, for instance, is considered mature and stable.

  74. Re:Perjury is a Crime by TheoMurpse · · Score: 1

    As a little consolation, where I live (Austin, TX), I believe the courts just ruled that the RIAA cannot file once with many victims. Instead, they must file individual ones for each target.

    Yep. Here it is. http://www.uwire.com/content/topnews120104002.html
    I'm glad my court system is growing some balls!

  75. Re:Tech Novice? I have more than 4 by Anonymous Coward · · Score: 0

    just stick movies on your xbox :)

  76. Re:Perjury is a Crime by kamapuaa · · Score: 1
    I love this. Somebody says "I thought something which isn't actually the truth and doesn't really apply to what you're saying" and it gets a +5 insightful!

    For civil cases it's a matter of probability, and for people just bullshitting on Slashdot, there isn't a set of legal requirements. Otherwise, all the people talking about the MPAA being a criminal cartel for suing movie pirates would have to prove their claims in court. Of course double standards are to be expected on Slashdot.

    --
    Slashdot: providing anti-social weirdos a soapbox, since 1997.
  77. I don't believe this! by Anonymous Coward · · Score: 0

    What the fuck is this country coming to when not even a fucking super hero like Ohio Man is safe from these bullshit lawsuits?

    He should get some form of immunity from this kind of crap for all his great work fighting crime in Ohio, don't you think?

  78. purpose by www.sorehands.com · · Score: 1

    The purpose of statutory damages are three-fold: to set damages where it is difficult or impossible to determine, to punish or discourage the violation, and to encourage damaged parties to enforce their rights.

    1. Re:purpose by free+space · · Score: 1

      indeed, but it's a privilidge that favors the plaintiff. If I was an innocent person ( or a person who, say, uploaded a movie only once). I'd be afraid to defend my position in court and try to settle because I'd fear paying $100,000 if I lost.
      Making it easy for the person who sued to get his right should be accompanied by making it equally easy for a defendant to defend himself.

    2. Re:purpose by www.sorehands.com · · Score: 1

      If you uploaded a movie, you are not innocent (actually it would be more correct to say liable). You have violated the law, and subject to some punishment. If didn't upload the movie, then you are not liable and statutory damages does not apply.

  79. Re:Perjury is a Crime by Mikelikus · · Score: 0

    You're making assumptions. IANAL but I believe that there isn't such a thing as guilty because you look guilty.

    If I have 5 tvs at home and 3 tape recorders does that mean I bootleg tv shows? If I have 4 computers does that mean all of them are usable? Does that mean I'm a computer expert or am I just a professional who had to start using computers early in the game ? Does having high speed internet and a wifi setup means you're a computer expert? If you have ever worked in tech support you know that isn't true.

    Making assumptions is dangerous and that's exactly what Paramount is (and you are) doing. This guy is innocent until proven guilty.

    --
    -- Would it be acceptable to just put my name on my sig?
  80. The 4 Computers were just a red herring by Anonymous Coward · · Score: 0

    Its communism I tell you

  81. Re:Guilty until proven innocent where you come fro by gnasher719 · · Score: 1

    >> And before you go on the "why would a computer novice have FOUR computers?" rant, I offer you this: It's 1990, a man gets a computer. It's 1994, the man's computer stops working, he puts it in the closet, he gets another computer. It's 2000, his second computer stops working, he puts it and the first out in the garage and gets a new one. I'm sure you can guess where the fourth computer came from unless you are actually as stupid as your comment would lead me to believe.

    More likely, it is 2002, a man gets a computer. It's 2003, the man's computer stops working...

  82. Re:Perjury is a Crime by close_wait · · Score: 1
    I'm a 3rd year computer science student, ... if someone told me to make my network secure, I wouldn't even know where to start.

    Nice to know that CS courses are still as crap as when I did mine in 1983 :-)

  83. Re:Perjury is a Crime by Ihlosi · · Score: 1
    but if someone told me to make my network secure, I wouldn't even know where to start. Well, I suppose Step 1 would be pulling up Google, ...



    Yikes. How about reading the manual of the router/acces point first ? Last one I read had a pretty good description on how to keep nosy neighbors out of your WLAN. The biggest thing is turning on WPA, which should keep all but very determined hackers out.

  84. commodity product by Anonymous Coward · · Score: 0

    It's probably because file distribution doesn't cut into their business model. They're cranking out cheap, undifferentiated units, whose main selling point is you haven't seen them before. Piracy on their back catalogue is "meh". It might even be a plus if it interests you in a "series" or a particular "talent".

    1. Re:commodity product by extra+the+woos · · Score: 1

      The porn industry is usually the first to embrace new technology. Bit-torrent, etc, probably helps them out a lot. THe thing they DON'T like I would imagine, is other for-pay sites selling their work illegaly :) But like, if you are downloading some HOT WET LESBIANS and it's the h0ttest evah and you see the sapphic erotica logo on the bottom your like shitttt i should go sign up for that it'd be wayyy faster to download... lol..

      --
      replacing it with NEW Folger's Crystals! (lets see if they notice the difference)
  85. Data destruction by Anonymous Coward · · Score: 0

    FYI, the "government standard" for removing classified information on an old hard drive is to shred the drive physically. There isn't a standard for sanitizing it electronically, at least that I've ever heard of. Once a system has been used for classified data storage, if it's going to be gotten rid of, the drives are destroyed.

    This is, I believe, the document which sets out the standards, and it makes no mention of any way to destroy classified information through electronic means. It's very physical: shredding, mutilating, burning, chemical composition. Although there is an exception for "other methods" as allowed by the CSA, so perhaps something has changed recently.

    http://www.dss.mil/isec/nispom_0195.htm

    1. Re:Data destruction by compro01 · · Score: 1

      i was pretty certain that the DOD standard for wiping data was 7 overwrites, though i could be wrong.

      though you could always use the Gutmann method (35 passes. 4 random, 27 passes specifically designed to mangle specific types of drive encoding (RLL and MFM), then 4 more random passes)

      --
      upon the advice of my lawyer, i have no sig at this time
    2. Re:Data destruction by thesnarky1 · · Score: 1

      Ah, that's right, thanks for the help. Though personally.... I just use a shotgun!

    3. Re:Data destruction by compro01 · · Score: 1

      well, in my knowlage of data recovery technques, that wouldn't be overly secure. with the proper hardware and know-how, that disk could still be read, in theory, though it would basically require reverse-engeneering the entire read/write assembly in addition to the drive encoding and all those other little specifics. but the government would likely be able to aquire that information from the manufacturer with relitive ease if they felt there was something worth the time/effort/manpower/money on that drive.

      --
      upon the advice of my lawyer, i have no sig at this time
  86. Someone who knows what they are doing by crlorentzen · · Score: 1
    "If I can do anything to make people understand that please, if you're using wireless Internet, have somebody install it that knows what they're doing," he said. "Because if you don't, they could get in trouble just like me."

    And, no that doesn't mean have the DSL installer set it up.

    Installer: (Plop) (Click) (Click) (Click, there you go you are now wireless.
    Customer: Is that it? What about security?
    Installer: Oh yeah, it's perfectly secure, I know what I'm doing
    Customer: Okay thanks.

    Yeah people who know what they are doing really will save you. LOL.

  87. easy workaround by garlicbready · · Score: 1
    here's an easy way to avoid getting caught setup a new partition for storing the data, encrypt it with dmcrypt, set it up so that it reads the key from a USB memory stick that would normally be plugged in, encrypt the dmcrypt key with a another form of encryption that needs a password (perhaps GPG, that way even if they get a hold of the memory stick they'll still need some form of password) automate it all with scripts HAL / DBUS etc, (i.e. just plug in and type the password in)

    in the event of men with black overcoats / sunglasses come nocking on your door flush the memory stick down the toilet / bury it in the back garden / swallow it / disguise it as food etc http://www.dynamism.com/solidalliance/pricing.shtm l

    1. Re:easy workaround by Hall · · Score: 1

      Oh yeah, that's real "easy"....

  88. Which court? by ghc71 · · Score: 1

    Where is this suit taking place? I couldn't find a record of it in the Hamilton County court website.

    --
    - Sig files: contemptibly familiar the second time around.
  89. Perfect defence! winders was hacked by cdn-programmer · · Score: 1

    Well - if he was smart enough to run a winders box then he can claim the script kiddies got it and used his bandwidth to serve pr0n and movies and such.

    When he discovered this he had his machine cleaned and like most bozzos just hooked the same old shit back online unpatched. Right?

  90. Another one bites the dust by DuctTape · · Score: 1
    A tech novice with 4 computers? That seems sort of unlikely. I'm not saying he's guilty, but the facts just don't seem to mesh with the description there.

    Maybe he broke the first 3.

    More like each one got overrun by viruses, so he had to buy another one. Unfortunately there are people who do that. I know a couple of them. They just think that their computer got old.

    DT

    --
    Is this thing on? Hello?
  91. Syntax? by mutterer · · Score: 1

    What the fuck? "Sues Ohio Man $100,000"? Can I get a preposition? Is this a double-object construction? Dative shifting? What the fuck is a fucking linguist supposed to do around here?

    MARK YOUR PERIPHERAL ARGUMENTS APPROPRIATELY!!!

  92. Turning off DHCP? by CagedBear · · Score: 1

    I understand that without encryption a hacker can monitor your network traffic and steal credit card numbers, passwords, etc. What I don't understand is why simply turning off DHCP and using MAC filtering isn't considered sufficient for keeping people from connecting to your network and using the internet?

    How does one manage to connect to my network if it only permits a single IP which is choosen at random and in use all the time by me?

    1. Re:Turning off DHCP? by Anonymous Coward · · Score: 0

      Turning off DHCP only stops them acquiring an IP address, router IP address and nameserver address. They can get the last two by packet sniffing and, unless you set your netmask for only the router and your PC, lots of valid IP addresses will be available.

      Likewise, it's quite easy to spoof the MAC address. Spoofing the MAC address and IP while you're using your PC would be a bit hit and miss, but I bet you sleep some of the time.

      My wireless network has DHCP enabled and MAC filtering disabled (basically because they provide practically no security). I do, however, have the SSID stealthed (I know it can be sniffed, but it'll discourage the casual hacker and slightly slow down the determined one).

      Most importantly, WPA is set up (with a bloody long passphrase of pseudo random characters including punctuation and numbers to prevent brute forcing). It's probably not worth enabling WEP, the time to compromise of WEP is in the order of a few hours with the right tools, plus if WEP is enabled then it's harder to claim "a wardriver did it and ran away".

    2. Re:Turning off DHCP? by topham · · Score: 1

      Because I can get your MAC address and your IP address and it is quite possible for me to bump your connection.

  93. Blue Ash Man? by antdude · · Score: 1

    Is he from Blue Man Group or something? [grin]

    --
    Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
  94. Drive By Downloading Easy To Do At Distance by Khyber · · Score: 1

    I've got my Wireless-G access point in my attic. That high up, in a room with no insulation, my laptop picks up my network up to 1,000 feet away (I only maintain about 1.5 mbit transfer speed from that distance.) You don't need to boost your antenna gain or make a cantenna, you just need thinner walls and a higher elevation. Why do you think radio towers are so tall? 50,000 watts of broadcasting power high-up in the air will provide vastly better coverage than 50,000 watts broadcast only 5 feet off the ground.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  95. Remind you of the 1800s by Anonymous Coward · · Score: 0

    Before united states was born, there were guilds, much like MPAA, RIAA, that put limits on how a BOOK is copied, and by who, and controlled everything about it. Samething is applying to us today. MPAA, RIAA, movie industry, DISNEY etc, are all doing the samething, that caused a huge backlash, that resulted in the guild's removal of ALL rights.

    Those entities, not PEOPLE, tread on people, not COMPANIES. If i were them, i would quickly change directions, before they have no political say in the matter, and their fates are decided by us, the true power of this nation, the common man.

  96. He is easily proven innocent by Anonymous Coward · · Score: 0

    Why would a Wookie, an eight-foot tall Wookie, want to live on Endor, with a bunch of two-foot tall Ewoks? That does NOT MAKE SENSE! But more important, you have to ask yourself: What does this have to do with this case? Nothing. Ladies and gentlemen, it has nothing to do with this case! It does NOT MAKE SENSE! Look at me. I'm a lawyer defending a major record company, and I'm talkin' about Chewbacca! Does that make sense? Ladies and gentlemen, I am not making any sense! None of this makes sense! And so you have to remember, when you're in that jury room deliberatin' and conjugatin' the Emancipation Proclamation, [approaches and softens] does it make sense? No! Ladies and gentlemen of this supposed jury, it does NOT MAKE SENSE! If Chewbacca lives on Endor, you must acquit! The defense rests.

  97. edonkey by slysithesuperspy · · Score: 1

    Why would he upload it to edonkey, isn't that just like kazaa or some shit? Wouldn't there be better places to upload it to if he knew what he was doing?

  98. About Zeroing a Hard drive. by thepotoo · · Score: 1
    It's not just for privacy. I had a Seagate harddrive, and it would continually crash (BSOD). I talked with Seagate about it, and they politely told me to go fuck myself. I googled it, and found that if I zeroed the drive, it would sometimes fix the bad sectors. Done and done.

    One year later, no problems so far.

    --
    Obligatory Soundbite Catchphrase
    1. Re:About Zeroing a Hard drive. by Cramer · · Score: 1

      You're getting a "Blue Screen of Death" on a hard drive? Impressive. I wasn't aware any hard drives had video interfaces. *rolls eyes* Your COMPUTER is crashing; this is not Seagate's problem. If the drive has bad sectors (and it's still under warantee, not OEM'd to some machine factory like Sun, Dell, etc.) Seagate WILL replace it without any hassle -- I've been doing this for over a decade so I think I know w.t.f. I'm talking about.

      In most cases, simply writing anything at all to the bad sector(s) will trigger a remap. Very few drives remap on read errors. (BTW, RAID systems typically disable automatic remapping to avoid read/write delays. The system can then remap the sector when it's prepared for it. Plus, there's very little to be gained from the drive's lengthy recovery proceedures when the RAID can recover a sector in very short order.)

    2. Re:About Zeroing a Hard drive. by Prophet+of+Nixon · · Score: 1

      Hey, is there any hard drive problem where the drive works fine, but gets CRC errors regularly while moving large files over a wireless network? Could it actually be the network (although no other pair of drives/computers exhibits the problem)? I have this laptop, and if I move files to it that work on other machines, some files have CRC errors. If I move files that work on it to the other machines, some of those files have CRC errors. I don't know what the culprit is, but its getting aggravating.

  99. Please keep your ignorance to yourself by flyinwhitey · · Score: 1

    "Not all Uni's have switches at the edge of their network yet, ones where sports is
    more important often neglect the tech/sci to spend multiple millions on chasing sewn
    together animal skin, aka baseball, volleyball, football, basketball .

    Stadiums and Arenas that could house all the US homeless 10 times over are left empty
    more days than they are full, pathetic ."

    Study after study after study, mountains of them in fact, show a strong positive correlation between sports activties and positive educational outcomes. You don't like sports, fine, but your opinion about something you've obviously never bothered to learn about isn't really worth much.

    Also, as someone else said, MANY schools fund thier extracurricular activities through athletic department dollars.

    I have my own problems with college athletics (FOOTBALL! UNFUCKINGBELIEVABLE that they get so many scholarships, and other sports get fucked by title IX) but those aren't rants based on ignorance likes yours.

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    1. Re:Please keep your ignorance to yourself by hb253 · · Score: 1

      Please post links to some of these studies. The cynic in me says the studies were probably funded by athletic departments.

      As a counterpoint, there was a New York Times Magazine article a year or two ago that analyzed a few big name schools with big time football programs. In summary, the article presented reasonable evidence showing that the programs were in fact losing money for the school and did not benefit other athletic or extracurricular activities.

      --
      Self awareness - try it!
    2. Re:Please keep your ignorance to yourself by flyinwhitey · · Score: 1

      http://www.apa.org/psycinfo/

      There you go.

      "Please post links to some of these studies. The cynic in me says the studies were probably funded by athletic departments."

      Of course it does, you don't like the results, so you're looking for any way to discount them that you can find, and that's the easiest.

      "As a counterpoint, there was a New York Times Magazine article a year or two ago that analyzed a few big name schools with big time football programs. In summary, the article presented reasonable evidence showing that the programs were in fact losing money for the school and did not benefit other athletic or extracurricular activities."

      If you're referring to the article I read (by Selena Roberts, I believe) you'll relaize that was an editorial, and not a study. She drew some... questionable conclusions based on figures that were, well, let's say they were dubious.

      I find it interesting that you'd be willing to accept an editorial in the New York Times (magazine, which I understand has slightly better crediblity that the fishwrap) but immediately question the results of studies YOU'VE NEVER SEEN.

      --
      How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    3. Re:Please keep your ignorance to yourself by FinalCut · · Score: 1

      Can you post a link to the times article you cite?

      According to this study the average NCAA-1A football program makes money. http://www.ncaa.org/releases/miscellaneous/1996/19 96111901ms.htm

      Of course,the study is kind of dated and I realize the source is the NCAA but if you read the results you will see they weren't seemingly biased to make the sports look good.

      A slight newer study seems to support these findings: http://www.ncaa.org/releases/research/2000110601re .htm

      Another interesting article detailing how schools tend to lose money on athletics: http://www.usatoday.com/sports/college/other/2003- 08-14-brand-finances_x.htm with an interesting quote:

      The study released Thursday paints a sobering picture, noting that only 6% of Division I-A programs operate in the black without school or state subsidies. Brand [the NCAA president, Myles Brand] counts "a dozen or less" of more than 1,000 overall in the NCAA making money.

      Based on these articles you can see that NCAA-1AA, NCAA-II, and NCAA-III almost all lose money on every sport on average as do many NCAA-1A teams.

      However, when all is said and done college sports are often more about the money. I live in a small city (apx 40,000 people) that is home to an NCAA-1A university. The athletics departments provide a major source of entertainment and pride to the city. Our teams have accomplished alot in the past ten years (both men's and women') with the Mens football team winning 4 bowl games, 4 conference championships in a row, sent a bunch (16 i think) of players to the NFL, and had 2 heisman finalists, and when they were in NCAA-1AA a couple national championship appearances with at least one championship. The mens soccer team has won its conference a couple times and the ladies soccer team has been a strong force in conference play. The womens tennis team has won the conference and sent players to the national tournament. The womens basketball team has also sent a squad to the NCAA "march madness" tournament. All of this has given the city and school a little bit of national attention at times and given the people who live here an added reason to hold their head high when they talk about their home to outsiders. I have only lived here since 1996 and the level of passion the people of this city have for the college sports has been impressive. The school does a service for the people of the community and the students of the University by having sports; to the folks here it is about more than money.

    4. Re:Please keep your ignorance to yourself by Anonymous Coward · · Score: 0

      I find it more amazing that somebody asks for links to the studies that you claim to know about, and you point to a page with nothing.

      Personally, I would rather the Times, than the nothing that you have pointed to.

      So, please point out the studies or keep your ignorance to yourself.

  100. *puts on tinfoil hat* by sevenoverzero · · Score: 1

    I say Paramount parked outside his house and uploaded the movie. Talk about "perponderance of evidence" ... They get publicity for a crappy, unknown movie, and another lawsuit on their side to boot--sounds like the #1 corporate strategy:

    1. Do illegal and/or unethical things
    2. Profit

    ...am I joking? Hmmmmm

  101. I don't understand by irglasses · · Score: 0

    How in the world was this man stupid enough to let paramount walk into his house and take the computers. Isn't copyright infringement a civil matter. If it was up to me I would let the MPAA goons in and bury thier bodies into the fresh cement in the basement.

  102. Quantum culpability. by Anonymous Coward · · Score: 0

    Due to the lack of information and proof is this guy 50% innocent and 50% guilty ? then what ? must he paid 50% of $100.000 ??

  103. Not unlikely in the least by Anonymous Coward · · Score: 0

    My parents had two desktops and one laptop (on wireless of course). This could have easily have happened to them if I hadn't set up their network for them.

    That is 3 working computers. There were also some much older (Commodore 64, Vic 20) computers that were not working.

    Note that the article doesn't say that he had 4 WORKING computers. I could easily believe that a relative tech novice had 3 broken computers in a closet and one working computer.

  104. Boycott Star Trek by slapout · · Score: 1

    Well, after this action by Paramount, I think I'm going to stop watching new Star Trek movies. Oh wait, after that last one, I was going to do that anyway.

    --
    Coder's Stone: The programming language quick ref for iPad
    1. Re:Boycott Star Trek by stavromueller · · Score: 0

      No, instead we should start illicitly downloading all our Star Trek so as to damage Paramount even more! And then distribute the copies to all of our friends!

      --
      I kill harmless processes for sport
  105. The obvious by AviLazar · · Score: 1

    According to the ChannelCincinnati story, the victim 'is either a slick film pirate or an unwitting victim of someone who fits that description.'"

    And a computer is either in state 0 or in state 1

    --

    I mod down so you can mod up. Your welcome.
  106. Re:Tech Novice? What's screwed up about this is by davidsyes · · Score: 4, Insightful

    that typically, when the police seize anything--ESPECIALLY computers--- they tend to hold on to the items as evidence that they "did the public duty". Worse, than having your shit seized is having it in THEIR hands for MONTHS because of either their being backlogged (in which case the complainant should pay an expedite fee so that even IF their is their stolen material on it, it should be scraped, tagged, and your original stuff returned PRONTO so you can get back to work or homework), OR the cops LIKE what they see and decide to drag ass on returning it.

    With digital content being wrung harder for profits and with the studios and others hell-bent to make examples of others, and with the police needing to show the public its money is being well spent, it's probably inevitable that more people will be pulled into the hollywood/content provider dragnet.

    The best thing WE can do is to archive ALL our work and make SO many identical copies that it would be PROFOUNDLY egregious (in the eyes of a FAIR judge AND in the eyes of the public) for ANY police or complainant to say "give us ALLLLL of your archives, no matter how redundant they are".

    What the law enforcement agencies need to do or be FORCED to do is this:

    Perform NO search and NO seizure unless the party asking for the warrant provides forensic and archival equipment to protect the accused from suffering work stoppage, psychological damage (hey, I'd go goddam ballistic if my shit were seized, as I PAY for my DVDs and music, even if it costs $15-$30-- I don't even really lament not copying music from amaroK), and to keep unnecessary eyes from prying too deeply and too long at stuff on the seized machines that is NOT their business (business plans, school work, love letters, research...), not of danger value and probably would take them YEARS just to sort out before even reading the multiple versions and revisions of endless stuff.

    Nice police will insist the accusers not run all over the accused. We're supposed to be innocent until proven guilty. With abuse of unsecure (not INsecure) internet access, poorly protected windoze boxes, ignorant users, and a lot of greedy or lazy pirates and "fair-use" abusers, it's just a matter of time before almost ANYone with a computer connected to the Net is a recipient of a boilerplate letter.

    SCARY.

    --
    Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
  107. Paramont Bin Laden by Simonetta · · Score: 3, Interesting

    Osama Bin Laden is an extremely wealthy fanatic who believes that all Westerners and all Americans in particular are criminals because of either their religion or just their nationality.
        He believes that he has the authority to do anything to these 'criminals', including the most extreme and gruesome murder and maiming.
        But there are just too many Americans around, and Osama is just one man. So he randomly selects 'criminals' to be 'punished' in the horrible ways imaginable.

        Paramount is a wealthy corporation that believes that all of the Westerners and most of all young Americans are 'criminals'. They bought the laws from politicians to ensure the legal details were in order from their perspective. They believe that all of these criminals should be punished. But they aren't Arabs, so instead of blowing people up, they just take everything that a person has ever owned and get a legal warrant to take from the person everything that they will own in the future. All for their 'crimes'.

        But there are too many young Americans, and Paramount is only one legal person. So they randomly select people to be punished in the most spectacular fashion. Criminals are punished: all is in order in the world.

        Osama is a terrorist; hunted by all civilized people on earth and protected by the uncivilized.

        Paramount is a respected corporation owned by General Electric.

        But they both operate in exactly the same fashion!

    1. Re:Paramont Bin Laden by Anonymous Coward · · Score: 0, Flamebait

      And you were doing so well. Up to a point.

      "But they aren't Arabs, so instead of blowing people up..."

      Shame on you.

    2. Re:Paramont Bin Laden by Skankmofo · · Score: 1

      Paramount is not owned by General Electric, it's owned by Viacom - Universal Studios is owned by General Electric

      --
      "A great deal of intelligence can be invested in ignorance when the need for illusion is deep." --Saul Belloe
  108. Where's the donation fund? by Anonymous Coward · · Score: 0

    Victims likes this really need to set up donation funds. We're all in this together people, let's start acting like it. Help your brothers and sisters in the copyright revolution!

  109. Pringles gives you distance by Migraineman · · Score: 1

    Hell, if I was inclined to perform questionable behavior on the web, I'd certainly be making a Pringles-can antenna for my WiFi card, and I'd hunt down some poor rube's AP several km away. I absolutely wouldn't be abusing my neighbor's AP ... too close to home. The police will come knocking within 300 feet of the offending AP because they *know* WiFi doesn't have more range than that.

    Sitting in front of a house leeching WiFi access will probably get you noticed, expecially if you're there for hours. The busybodies in my neighborhood will call the parking enforcement asshats if you park your car on the street for more than one day. (Yeah, I gotta move.)

  110. I would by cbiltcliffe · · Score: 1

    but I just blew all my mod points yesterday. They expired today, anyway, so I figured I had to use them up. Then this genius comes along and screws up my whole theory!!

    --
    "City hall" in German is "Rathaus" Kinda explains a few things......
  111. MAC addresses don't work that way. by bigtallmofo · · Score: 3, Informative

    I'll practice some restraint and avoid calling you "stupid" or "dumb" like many, many other people have done for other reasons.

    Then figure out that persons MAC address, and spoof it with MAC change on ur router/firewall

    Instead, I'll just point out the flaw in your plan. MAC addresses don't traverse over routers. If there are any routers between your workstation and a server, the server sees "your" MAC address as the router on the same subnet as that server. Your spoofing trick would be a colossal waste of time.

    I advise you to study the ARP protocol and really learn what a MAC address is and how it works.

    --
    I'm a big tall mofo.
    1. Re:MAC addresses don't work that way. by Skuld-Chan · · Score: 1

      Yeah but dhcp cache is based on mac address. Its not to uncommon to change the mac and get a new ip.

    2. Re:MAC addresses don't work that way. by Anonymous Coward · · Score: 0

      On the contrary, MAC addresses matter -- spoofing one negates MAC filtering type schemes, makes activity appear more sublte and benign by comparison. It's very possible the router keep logs, and MAC spoofing would effect what network interface's identity they reflect.

      To suggest the MAC spoofing would be a total waste of time is just silly.

    3. Re:MAC addresses don't work that way. by v1 · · Score: 2, Informative

      Spoofing the mac may not be effective for masking yourself from the target machine, but may be very effective in masking yourself from being identified by an investigator. Imagine spoofing the MAC of your wireless card, and connecting to your neighbor's access point, using his laptop's wireless mac address. It would be a farily tight frame, with your neighbor's wap log files indicating his MAC during the time/date of the intrusions. Possibly enough for "reasonable doubt." Unfortunately this is almost trivially simple to do. (on a Macintosh or unix box anyway)

      sudo ifconfig en1 lladdr 00:11:22:33:44:55

      (requires Mac OS 10.3.6'ish or later, works fine on 10.3.9, nonfunctional in 10.3.5)

      --
      I work for the Department of Redundancy Department.
  112. Flaky alibi or not by bmh129 · · Score: 2, Informative
    The burden of proof is still on the plaintiff, even in civil court, though to a lesser extent. It is not a crime or a tort to share your wireless internet access with a neighbor, whether on accident or on purpose.

    It will be a sad day in America if a judge rules otherwise.

  113. Bad fish? by dhartshorn · · Score: 1

    How does death by mahi mahi work, exactly?

    1. Re:Bad fish? by Anonymous Coward · · Score: 0

      It's obvious that the parent post was angling to obfuscate the true method of execution by referencing a noun in place of some descriptive action verb. Such a tactic might lure one into one to believing that mahi mahi would play an active role in the execution of the convicted. Indeed, you fell for this hook, line and sinker.

      In reality, the method of execution is much more conventional than might at first be expected. The guilty shall simply be flogged to death by means of coryphaenidae.

    2. Re:Bad fish? by Anonymous Coward · · Score: 0

      Please stop floundering around and be a little more pelagic with your thoughts, Ok?

    3. Re:Bad fish? by Anonymous Coward · · Score: 0

      It is a similar to Doctor Evil's death by "ill tempered sea bass with laser beams on their heads".

  114. Excess Damages? by frozenframer · · Score: 1

    The Federal Rules of Civil Procedure say that to get into federal court, you have to assert more than $80k in damages. Unless Paramount can assert that somehow he redistributed 'Coach Carter', I'm not sure there is much room to charge him with more than $20 in damages...Unless they want to make him pay their legal fees (ouch). The filing fee just to bring the case is $250.

  115. Re:Perjury is a Crime by Pyrettablaze · · Score: 1

    heheh, the exact reason I bailed on my CS degree. They teach crap compared to what you really need to learn. I have learned more just by working on my CCNA and getting certed by MS.

  116. Limts--they do it for Doctors! by lonebannana · · Score: 2, Interesting

    there should be a limit on how much the Chumps can sue for. I know that they are trying (or have) a limit on what patients can sue a doctor for if they get hurt (or dead) by their mistakes. I say this: if a movie "Grosses" 100 million dollars, drop the decimal up and make the fine 10,000. this way, everyone will be happy. right?

  117. The wrong people are complaining. by Minwee · · Score: 1

    "Coach Carter"? Shouldn't the users of eDonkey be the ones demanding that this man be punished for sharing a movie of that quality with the world?

  118. Why is he more responsible ...? by duce+gezr · · Score: 1

    Why is it that the user can be held responsible for someone else using his internet connection through an unsecured access point, but the ISPs are not in any way responsible for what is sent over their connection? or will he get off based on "someone else was using my connection"? Not that I want the ISPs to be responsible - I just wonder: why the appearance of a double standard?

    It's not like a wireless router is a "smart connection" it's just part of the infrastructure.

  119. Re:Tech Novice? What's screwed up about this is by Achra · · Score: 5, Interesting

    At this point, I really think that "The government is running amok".

    About 5 months ago, I had a knock on my door by the "Drug TaskForce". They informed me that they had a warrant to search my house, and had been given an anonymous tip. I was a "Black-tar heroin dealer", they claimed. They had about 20 people, they searched my place end to end, brought the dog through, looking clearly dissapointed (I don't even drink).. and in the end, they said, "Well, we have to take your computers to look for activity on there". I work from home. When they seized my machines, my company lost 2 weeks of work right there.. I had to hire an attorney to get my PC's back, and in the end it was 4 months before I had my machines returned to me. I took them directly to the local computer shop so I would have a witness when I powered them on, and sure enough, one of them was completely hosed. They'd probably plugged in their diagnostic machine backwards or some crap.. The motherboard needed replacing. When I informed them that they broke my machine, they started threatening that they found a couple mp3's on my machine.. If I shutup about the whole ordeal, they wouldn't come after me for the mp3's. I said, um, those mp3's were ripped from a CD I own.. That's perfectly legal, and not even a circumvention of the DMCA. Well, I got the shaft. Unless you're willing to sue the government in a 1983 suit, you're totally out of luck.

    --
    Each processor would proceed sequentially as if it had been better for them not to rise against Saul.
  120. Justify it as well by HTL2001 · · Score: 1

    I would justify having an open WAP - for use with NintendoDS wifi play. That way you can actually say you have an open WAP without implying you know how to secure it but still left it open for no apparent reason.

    Personally, I'd do that with 2 routers (if you actually use the wireless) 1 encrypted with WPA so no one can sniff your traffic, and one open for your gaming.

    --
    By reading this, you have given me brief control of your mind.
  121. it just so happens.. by jaimz22 · · Score: 1

    he wasn't uploading a movie, he just happen to have been uploading random data and by some freak accident it just happened to have be EXACTLY like the data that would make up the movie!

    i'm never heard of this movie either, until now. like someone else said pirating does help movie sales!
    now back to downloading movies..

  122. how stupid by beast6228 · · Score: 0

    First off, how fucking stupid can someone be to even upload or download pirated movies from Edonkey or any other gay ass file sharing service. Thats like saying "Hey, I'm here downloading your shit, come get me!"

    Secondly, coach carter was on ftp servers,news groups and irc servers way before Anything was on Edonkey. Only noobs use file sharing to get movies and others things of value.

    Lastly, it figures they go after easy prey, instead of going after the real thief who pirated their movie in the first place, they go after some lard ass noob who probably still lives at his parents house and wacks off to porn. They probably just picked someone to pin this on, anyone who they could trap and lure. As I said, Easy Prey. Nice scare tactic if you ask me, although I'm personally NOT scared.

    --
    ~Later~
  123. Here's the scenario by InsaneProcessor · · Score: 1

    This is how big coperations handle this. I know this becuase it happened to my brother.

    They have no conclusive evidence that proves beyond a shadow of a doubt that he in fact did this illegal upload. They will hound him anyway until he runs out of funds and settles out of court just to make them go away. They will make him sign a confession to settle. They don't care that there is no clear evidence of his guilt.

    I saw DirectTV do this to someone just becuase they ordered something that could be used to bootleg thier service. It doesn't matter that they never did or intend to.

    --

    Athiesm is a religion like not collecting stamps is a hobby.
  124. Engineeing Consultant w/unknown Porn Server by ka1ser+s0ze · · Score: 1

    I have a friend who worked at Pratt & Whitney who started his own, independent company to do finite element analysis. He had no firewalls (this was 5-10 years ago) and one day the FBI showed up because some had hijacked his server and was distributing child porn on it. The whole thing was straightened out in a civilized manner and of course, now he has layers of protection. But that is interesting, if you have a unsecure wireless network, you can claim that your system is not secure and others have access to it. ....and interesting defense.

  125. I think people are missing the point here by Catbeller · · Score: 1

    The question isn't whether or not he owns multiple machines, or if he can prove someone else used his connection to upload a movie.

    The question is: can Paramount prove beyond a reasonable doubt that it was he that sat in the chair and executed the commands? Do they have witnesses that can be trusted? Is there video of this happening?

    If they have no proof, there should be no case. Fin. Same with any other case.

    And just leaving your computer on 24/7 should not be "contributing" to a crime. We are not required to secure our PC's. We don't even require that of guns.

    But I've no doubt a court will back up Paramount.

    1. Re:I think people are missing the point here by shark72 · · Score: 1

      Your commentary would be dead-on if this were a criminal case. In civil cases, the standard is much lower. The applicable phrase is "balance of probabilities" or "preponderance of the evidence."

      If you would like to learn more about the burdens of proof in criminal vs. civil cases, this is a good place to start.

      --
      Sitting in my day care, the art is decopainted.
  126. Press Release? by fitsnips · · Score: 1

    Is it just me or does this read like a press release for MPAA? I mean short on any details, just the message "We will sue your ass for 1 Billllllllon dollars!"

    --
    I am a republican not by choice, but rather by lack there of.
  127. Ditto by p.rican · · Score: 1
    My in-laws are weird like that. They have this incredible urge to have the latest tech gadgets none of which they know how to use. They own this incredible 36 DLP TV, HDTV ready, Kenwood 7.1 surround system with 3 disc DVD changer, 3 Dell Computers (~$1400 each when originally purchased) and the icing on the cake.... $2200 HP laptop so they have something to watch DVDs on when they travel.

    They still don't know how to operate any of the devices and call me to explain how everything works.

    Oh yeah, for Christmas, I'll probably get a $25 gift card to The Home Depot.

    --

    /. --"Demented and sad....but social" -Judd Nelson

  128. You know by Anonymous Coward · · Score: 0

    I think you should probably re-read it yourself.

    "It's not illegal to have an open WAP. However, there may be legal consequences that stem from this course of conduct. And to the extent that there are, it doesn't matter whether or not you knew that there were."

    That was never the point, and restating your argument repeatedly won't make it so. You seem to be arguing a point that no one else is even talking about.

    The point is most juries will not have expertise on wireless routers, and the defense of "I had no idea it was open to outside access, and being open would allow someone else access" is reasonable. Save your spiel, it is and you know it, and a decent defense attorney would use it.

    You points all relate to the law, which you should know if you're worth a shit as an attorney, is not even remotely close to what the jury uses to make its decisions.

    Do you understand now? It's about convincing a JURY, not your interpretation of the law. I know you want to show off your law chops, but maybe reading comprehension chops should come first.

    And the comment about amateur attorney hour? Priceless while you were in the middle of ignoring the entire point of multiple posts in an effort to impress with your expertise.

  129. What the fuck are you talking about? by flyinwhitey · · Score: 1

    "I find it more amazing that somebody asks for links to the studies that you claim to know about, and you point to a page with nothing."

    I posted a link to the APA's psychinfo database. Here's what you do, enter a search term and select from HUNDREDS OF THOUSANDS of studies. I find it to be a better way of discussing these issues than linking to some crap from google that only supports MY viewpoint, which seems to be SOP here.

    "So, please point out the studies or keep your ignorance to yourself."

    Kindly follow my previous instructions, select any of the THOUSANDS of studies (I found 3 thousand) that realate to the topic, and read them to educate YOURSELF.

    Then choke on a dick and die AC.

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
  130. No kidding by dazedNconfuzed · · Score: 1

    Agreed. Note that San Francisco solves only 20% of murders.

    --
    Can we get a "-1 Wrong" moderation option?
  131. Re:Perjury is a Crime by laffer1 · · Score: 1

    You were in the wrong degree program then. CS is NOT for people who want to do IS/IT work. If your goal is to be a sys admin, or get MCSE or some such crap, try a CIS degree from your local community college or a 4 year degree from a business college. They teach you how to run an IS department and a little about computers.. like what windows 2003 server does and how to get netware certified.

    Computer science is not about administration, or technical details of hardware. Its about learning how to program, how to learn, and some theory behind software design, architectures and the like. If you think programming is visual basic or perl you are mistaken. There are a lot of algorithms, patterns and methods to solve problems that you can put together. I really wish people would learn. Computer Science is NOT an envelope degree for every computer job. If you want 8 bucks an hour to put pcs together at best buy, its not for you. If you want to run an ISP its not for you. If you want to design a new file system for Linux, rewrite windows, design a new search algorthm for google, or research a new way to make the internet protocols 10 times faster and more reliable then its for you.

    The worst part is that CIS people often have to hire people into CS. You guys don't get our jobs or ideas. I started as an IS/IT person. I was a sys admin at an isp for several years before I went to college. Trust me, there is a big difference between using Windows NT4 to host websites for customers, writing a vbscript windows scripting host program and solving real problems with real programming languages.

  132. Re:Police Priorities? My friend got shot.... by asynchronous13 · · Score: 1

    A friend of mine got shot in the leg. It was a stray bullet from a gun fight that broke out down the street. They know exactly who shot the gun, and where he lives. The police said, "Well, he wasn't shooting at you, so you can't even get him for assault." They did absolutely nothing about the shooting. After ~1.5 years, my friend has recently started walking without a cane. The guy who shot him still lives down the street. yeah, priorities.

  133. Re:Perjury is a Crime by laffer1 · · Score: 2, Insightful

    Many computer science programs do offer network security courses. My university, for example, offers a course on hacking windows and linux machines. The class starts by installing windows and linux desktops and servers. Then 4 teams work on cracking the others using known and unknown exploits. The rule is you can only patch up to a certain level so that its fair for all involved. After so many exploits, you pass the class.

    My wife took the course and it certainly helped her a great deal. My friend stopped attempting to hack us after she demonstrated her knowledge on his server :)

    As for wireless security, rule number 1 is to assume you'll never secure it 100%. I don't care what technology you use, its possible to crack it given enough time. Remember we are talking about a network everyone has "physical" access too. I can sniff my neighbors networks. I know of programs to figure out keys. Watch traffic to find valid mac addresses and spoof one to get past mac address protection. There are ways to get into wireless networks. When i added a wireless router to my network, i put up firewalls on each of my hard wired machines. I'm even considering making a seperate interface in my main router (a freebsd machine) for that traffic to lock it out of my main network using firewall rules there. I'm using WPA2 personal and i don't feel all warm and cozy. Just remember, anything you do on a wireless network should be encrypted if its important with another layer of security. For example, my imap and smtp servers use ssl/tls encryption for logins. My websites have SSL enabled so that i can access them securely while using wireless. I use sftp to transfer files to wireless machines, etc. I also realize that any IM conversation i have can be read by others either on my end or on my friends end. Think about it this way, I can do everything right here, but he could be at a cafe with no encryption on at the other end.

    Finally, buy a copy of 2600 sometime and find out whats possible. It isn't the end all source, but most people with any computer background can get something out of those articles. Its a good read. Best Buy had a lot of wireless problems because they are idiots. :)

  134. Re:Perjury is a Crime by Pyrettablaze · · Score: 1

    My bad, I probably should have stated my reason for going for the CS was to learn how to program computers. The classes they had set out for us to learn was cobolt, pascal, and i think basic. I asked "What about C++ or visual C++" etc and I was told that I would have to pay extra for those types of classes and that is what turned me off to it. I do agree with the point about people getting hired into jobs that they are not qualified to run though. I see posts all the time looking for IT admins and MUST have a CS degree no acception. hehe oh well...

  135. Use a hammer and be done with it... by vinn01 · · Score: 1

    Oh come on, just use a hammer. One good whack on the hard drive, one second, and it's all over with. You'll crack the platter for sure. If you have enough time, give it a couple of more whacks.

    If you need a hint on where to whack, you could draw a nice bulls-eye on the case where the hardrive is located behind. You could hit the hard drive directly if you're like me and leave the case on loose.

    Only spooks in the deepest corners of spy world could get good data from the fragments and piece it back together.

    1. Re:Use a hammer and be done with it... by KarmaMB84 · · Score: 1

      And then they use whatever other evidence they had against you, charge you with destruction of evidence (whether something was there or not) and then take you to court for the original charge anyway and use the evidence destruction against you. That's if you don't get shot by an officer that comes in while you're holding the hammer...

    2. Re:Use a hammer and be done with it... by vinn01 · · Score: 1

      OK, if they catch you standing right there with a hammer in your hand, they might charge you with destruction of evidence. The same would hold true for a magnetic device. Hopefully you're at least 30 seconds ahead of them.

      Otherwise, all they will find is a bashed up computer. When the computer was bashed cannot be determined.

      You could say that it was running Windows, you lost your temper in frustration, and bashed it with a hammer. The police will just nod and move along...

  136. On The Topic of Secure Erasing by Nom+du+Keyboard · · Score: 1

    On the topic of secure erasing (I doubt that the MPAA disassembled his drive for the ultimate in recovery efforts, but one can never be sure), what is the best, preferable free, product for erasing PC drives. MPAA is not my concern here, but I'm thinking from an overall security standpoint when donating computers to charity.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:On The Topic of Secure Erasing by tuffy · · Score: 1

      Darik's Boot and Nuke should work nicely. Some contend that multiple drive overwrites are unnecessary with modern hard drives due to their density, but it couldn't hurt.

      --

      Ita erat quando hic adveni.

    2. Re:On The Topic of Secure Erasing by smoker2 · · Score: 1

      The ones provided by the drive manufacturers. I have some here.

  137. Re:Motive? dban--disk wipe good enough for /.'rs by Anonymous Coward · · Score: 0

    It's called dban and it's available for free (just punch it into google). It works by writing random numbers to the entire drive repeatedly, thus filling the entire drive with random noise.

    If you were to only write zeros, it'd still be possible to read the physical patterns on the drive and use statistical methods to recover what those zeros used to be, but a program like dban raises the noise floor to a point where it's just impossible to recover any information at all.

  138. Unsecured Wireless Connections... by aliensporebomb · · Score: 1

    It's not so big a stretch to think he had
    a neighbor or someone in a nearby
    neighborhood riding on his network
    coattails so to speak.

    My work laptop has wireless and as a
    traveling system administrator I see
    many, many unsecured wireless networks
    in the course of my duties.

    My neighborhood has probably half a
    dozen unsecured access points that I
    could help them secure if I had a clue
    whose networks they are (many of them
    have really great descriptive titles
    like "Linksys", very few actually have
    real identification as to their owners
    unlike many of the secured sites I see).

    My feeling: if it's not this guy, if he
    really had someone using his access it
    is likely a teen or twentysomething who
    was surfing using his facilities.

    In fact, a log could be set-up to
    detect the IP and/or mac address of
    whatever device was attempting to
    connect to it but then again that
    would require expertise.

    And that's presuming this guy isn't
    lying thru his teeth of which remains
    to be seen.

    A true computer forensics expert
    could look at the drive of the
    machine to truly determine whether
    or not he had shared this in all
    likelihood.

  139. Re:Tech Novice? What's screwed up about this is by Senzei · · Score: 2, Interesting

    What I am wondering is how a warrant to search your premesis for drugs could possibly also allow them to take your computer as well to "look for activity". That sounds like a judge who needs a swift kick in the pants.

    --
    Slashdot: Where anecdotes and generalizations can be freely substituted for facts, logic, or intelligence
  140. Definitely Something Fishy by MetallicPlastic · · Score: 1

    I call bullshit.

    Something seems odd about this whole story. First of all, it's very sketchy on the details. It's covered by one local news channel and nowhere else. You think this would be bigger news or at least be corroborated somewhere else. Secondly, the Slashdot summary mentions that the police seized his computers, while it's mentioned nowhere in TFA. Everything is wrong about this.

    I'm betting it's a ploy by the MPAA to make the public more aware of unsecured wireless networks. I think they know it's an excuse people could use if they're caught sharing files. I'm sure the MPAA wants government legislation requiring secured wireless networks just so this isn't an option for people. What's an easy way to do that? Slide in an inconspicuous news story and hope it gets picked up by bigger news organizations. Does anybody know if this alleged "federally filed lawsuit" is publicly accessible? I'm betting it doesn't exist.

    "If I can do anything to make people understand that please, if you're using wireless Internet, have somebody install it that knows what they're doing," he said. "Because if you don't, they could get in trouble just like me."

    Yeah, that sounds like something I would say if my computers got seized without a warrant by a gigantic corporation. I'd be fuming about the violations of my rights.

    MPAA, you sneaky bastids.

  141. Re:Tech Novice? What's screwed up about this is by Doobie+Dan · · Score: 1

    I work from home. When they seized my machines, my company lost 2 weeks of work right there.. I had to hire an attorney to get my PC's back, and in the end it was 4 months before I had my machines returned to me. I took them directly to the local computer shop so I would have a witness when I powered them on, and sure enough, one of them was completely hosed.

    Um... so tell me WHY you haven't brought a lawsuit against whatever police agency was responsible for this? It seems like you have lots of quantifiable monetary damage here, which is more than many valid wrongful search cases have.

  142. Re:Tech Novice? What's screwed up about this is by KarmaMB84 · · Score: 1

    You're lucky you didn't have any "threatening" looking animals. They have a tendency to start shooting the place up when they see dogs during a search.

  143. Broken Encryption by nurb432 · · Score: 1

    Even if you DO secure it, your wireless can still be broken into pretty easy, with zero evidence it happened.

    Personally i have my encryption turned off for this very reason, its breakable so why should i make it harder on myself for perceived security?

    Does that mean im now contributing? Remember it takes active intent to sit out side my house and steal my bandwidth. You cant do this by accident. Its not like if i left my firearms in the middle of a parking lot with a sign on them ' steal me '.

    --
    ---- Booth was a patriot ----
  144. Cake of Peace by Anonymous Coward · · Score: 0

    These aren't new words symbolizing new concepts or new ideas. These are bastardizations of words we already have.

    Did you mean to say that the previous poster was using the natural standard of language as known since the beginning of recorded time, or are you just mud?

  145. Re:Tech Novice? What's screwed up about this is by Achra · · Score: 1

    You're very right. I even live in Tennessee, the site of the infamous Dog Shooting..

    http://www.tennessean.com/local/archives/03/01/273 02745.shtml

    --
    Each processor would proceed sequentially as if it had been better for them not to rise against Saul.
  146. Re:Tech Novice? What's screwed up about this is by Achra · · Score: 1

    True. I really need to learn what the statute of limitations on such a suit would be, I'm still trying to dig myself out from the hole that they stuffed me into. I was flat broke by the time I was "left alone".
    They probably mostly grabbed the PC's because they were hoping they could end up in a "Seized Property Auction" and then bid on the items themselves..
    http://www.msnbc.msn.com/id/10350334/

    --
    Each processor would proceed sequentially as if it had been better for them not to rise against Saul.
  147. Re:Police Priorities? My friend got shot.... by Hognoxious · · Score: 1

    Doesn't your jurisdiction have a concept like transfer of malice?

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  148. Re:Tech Novice? What's screwed up about this is by Achra · · Score: 1

    At this point, they figure a PC can be used for anything. Who knows.. Just an excuse to take something, I guess. The first thing I thought afterwards was,
    "If I was actually going to be doing something illegal on my machine (like selling drugs or something), I'd use Knoppix!"

    --
    Each processor would proceed sequentially as if it had been better for them not to rise against Saul.
  149. Police Priorities? - PARTY PATROL by Weffs11 · · Score: 2, Interesting

    I attend VCU in Richmond VA. My girlfriends bike was stolen, and she saw the guy take it. The police said they were busy, someone would be out tomorrow. No one ever came. A friend had their moped jacked, they got someone out to take a report two days later, after the roomates moped got stolen as well.

    Then, we get an email from the Dean of Students, that said in part.

    This letter is to inform you that a Party Patrol, consisting of
    officers from the Richmond Police Department Third Precinct, the
    VCU Police Department and the Virginia Department of Alcohol
    Beverage Control, has been formed. The Party Patrol will patrol
    areas of the Fan on Thursday, Friday and Saturday nights during
    the month of December. The goal of the Party Patrol is to reduce
    the disorderly nature of parties that occur in that area.

    The Patrol will have the ability to arrest individuals who are
    publicly intoxicated, who provide alcohol to minors, or who are
    underage drinkers. Additionally, information on the owner of the
    residences where the parties are being held will be provided to
    neighbors so that warrants can be obtained.


    People call the police and they are "busy" and have to "prioritize the call volume." Those kids having a good time must be a threat to society. Police go where the money is.

  150. Re:Perjury is a Crime by Prophet+of+Nixon · · Score: 1

    Out of curiosity, how did Direct TV find out that he bought the programmer?

  151. Re:Perjury is a Crime by poodlehat · · Score: 1

    What school was this? Sounds like one to avoid when I'm recruiting...

  152. The Police State has arrived! by deesine · · Score: 2, Interesting

    Achra, last week I had my computers (and disks) seized by police officers with a warrant for the house I am renting a room in. I denied a consensual search and we all waited an extra 2.5 hours for them to have the judge expand the warrant to include my rented room.

    They were looking for child porn that supposedly my landlord possesed. They found nothing, but took everyone's computers and disks (and cameras, and scanners, and accessories). Turns out my landlord has an ex-girlfriend with one very vengeful and unstable mother. Well, that's his story, and I'm believing it for now.

    All the cops told me that four months was a standard turn around for seized items. The fact that I use those computers to make a living didn't seem to make the slightest difference. Did you ever have any luck expediting a return; by calling, calling the right person, etc.?

    Would you recommend the computer shop diagnostic routine again?

    Thanks for sharing that story, and any advice.

    -d

    --
    damaged by dogma
    1. Re:The Police State has arrived! by Achra · · Score: 1

      In this day and age, I'm beginning to think that if you're really going to be serious about working from home, you need to own a laptop and keep it someplace safe. (like the Bank!). What killed me was mostly the loss of so much work, and now I keep a weekly mirror on a hard-drive in my bank's safe deposit box. If anything like that happens again, I'll just toss together another machine, and be ready to go again. (shrug) I wish I had better news for you, but they absolutely don't give a shit. You can hire an attorney for $1500 or so to try and call the right people for you.. But I did that, and it still took 4 months. You could try calling the agent in charge of your case every day, but that will probably just cause you more hassle (he'll be feeling vengeful at that point). Just bend-over and take it, man. If you live in the US, you're a terrorist-suspect. Expect at least one of your machines to be broken on return. I would say definitely power them up in front of witness, take photos of the interior with a film camera, etc.. Especially if you _ever_ plan to sue for damages.

      --
      Each processor would proceed sequentially as if it had been better for them not to rise against Saul.
    2. Re:The Police State has arrived! by Drakkenfyre · · Score: 1

      Isn't it sad that the best we can all do, as innocent, law-abiding citizens, is bend over and take it when it comes to the police?

      And I know that it is the easiest thing to do, from experience with the police, again as a law-abiding citizen reporting a crime.

      Why do we put up with it? That's what I want to know.

    3. Re:The Police State has arrived! by Achra · · Score: 1

      Well, quite possibly because "Not taking it" would be Revolution.
      and then the Gallows for being a Traitor! Nah, I'll just emigrate to Canada.

      --
      Each processor would proceed sequentially as if it had been better for them not to rise against Saul.
    4. Re:The Police State has arrived! by Drakkenfyre · · Score: 2, Interesting

      No, no! I'm in Canada, and it's exactly the same crap.

      I may love Canada from the bottom of my heart, but I wish we had your free speech protections and the respect for the individual that I've seen many times from American culture.

      Computers are seized and not returned in this country, just as in yours. You need a lot of money to protect your rights, and even then you usually have to let it go, as a rich friend of mine found out a few years back. It's a disturbing trend.

    5. Re:The Police State has arrived! by Anonymous Coward · · Score: 0

      That makes me wonder if it ever happens where a person refuses a consensual search and they go away. If not, which from all the anecdotes I've ever seen they make you wait while they get an expanded warrant or they just go ahead anyways and make something up to support probable cause then it seems to me that in today's police state we don't have any meaningful protection against unlawful search other than years down the line possibly having a conviction overturned (but still having to suffer through all the misery inbetween).

    6. Re:The Police State has arrived! by Achra · · Score: 2, Insightful

      You have just completely disillusioned me, my friend.
      You have no idea how long "Well, I can always flee to Canada!" has kept me sane. Now, there is nothing. I weep for the good of mankind.

      --
      Each processor would proceed sequentially as if it had been better for them not to rise against Saul.
    7. Re:The Police State has arrived! by davidsyes · · Score: 1

      I wonder what would happen if you tell them that they can COPY the shit, but not take your originals.

      Well, they'll say, "We're not the forensics guys; we're here to retrieve items in or allowed by the warrant...."

      I think a weekly backup is not enough. You almost have to MIRROR your activities. But then they'll slap your ISP with a warrant to seize all of your mirrored stuff.

      Making live copies and them "beaming" to an off-site backup facility and then "forgetting" to tell them that you have archives which are older than but not different than the stuff on the disk they're carting away will only piss them off and you'll be the ball bouncing off a hard wall, so to speak. The judge might slap you with a fine for obstructing justice/investigation...

      It seems like we're getting to the point where all it takes is some vengeful/destructive asshole to purport (sane or deranged, but who is intent on falsifying information or setting you up) activities and then you get ensnared. Even WHEN the cops figure out they've been had, they'll likely take a WHILE getting your stuff back to you ...

      What the cops OUGHT to do is arrive forensically ready. They could run a dictionary scan against your machine for stuff the JUDGE said is OK to search for. If it fails, the cops should leave. If it's marginal, they should compromise with you to stay longer, provided you haven't booby-trapped the machine.

      But, then if it is your SOP to "bobby-trap" your machine, then how will you win except to keep untouchable archives offsite. Even so, a judge could toss you in jail just because he/she will be expecting cops votes for promotion.

      Ugggghhhh....

      This is soooo sickening a feeling.

      --
      Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
    8. Re:The Police State has arrived! by Anonymous Coward · · Score: 0

      The next best thing (if not better) is Mexico. They love Americans, especially Americans with money. You'll have no problems if you make friends with the local cops by taking them out to lunch and buying them beer and "loaning" them money.

  153. Multiculturalism by Simonetta · · Score: 3, Insightful

    And you were doing so well. Up to a point.

    "But they aren't Arabs, so instead of blowing people up..."

    Shame on you.


    Multiculturalism is a good thing. But it is basically an illusion because it assumes that all cultures are equal and that people are basically good.
        However, we owe it to the thousands of people who have been randomly murdered by the adherents of a specific culture that there is the possiblity that certain cultures may be disfunctional and therefore be unable to be able to understand and follow the ideals of multiculturalism.
        I deliberately chose to emphasize the fact that since the beginning of the modern age of terrorism, it has been the Arabs that have consistently and deliberately blown up random non-Arabs to bring world attention to their issues. No other people have done this to the extent that the Arabs have. I therefore am compelled in the memory of the people randomly and horribly murdered to call attention to the possiblity that it is the Arab culture that is unable to function within the ideals of multiculturalism. I should be ashamed and would be ashamed to say that this particular culture is disfunctional in the modern world, were it not for all the blood and body parts lying in the street whereever Arabs feel that they have been mistreated or slighted by either history or the modern world.

    1. Re:Multiculturalism by internic · · Score: 1

      First of all, in the "modern age of terrorism" there have been non-Arab terrorist groups, like the IRA or organizations that bomb abortion clinics. Also, note that persians in Iran are not arabs either, but I'm guessing you mean to include them in your generalization. Secondly, arab terrorists don't only target non-arabs. But the main problem with the argument you present is that you've more or less randomly chosen one group of people in to which many terrorists fit. You also could have chosen Muslims (Muslim != arab), religious fundementalists, or simply religious people. Indeed, if you chose religious fundementalists, then you could probably throw in the abortion clinic bombers too, and that would exclude a lot of the more moderate elements of the muslim world who disagree with terrorist tactics. Only a small proportion of arabs are terrorists, and most arabs don't support terrorism. There have been major non-arab terrorist organizations. To pick out being arab as the important characteristic is irrational.

      Also, in response to your statement, "we owe it to the thousands of people who have been randomly murdered by the adherents of a specific culture that there is the possiblity that certain cultures may be disfunctional" I might point out that going on sheer number of people killed, people of European decent would probably claim the prize for the most number of people killed in recent history. The Germans alone could claim the more than 10 million Russian casualties during WWII plus the 6 million people killed in the Holocaust. The Americans would have a reasonable toll from bombings in Europe and Japan during WWII, not to mention other wars of the 20th century. If you add in the civil war, then the American death toll goes even higher. Is American/European culture similarly (or more) disfunctional?

      Terrorists are people who follow a certain idiology or range of idiologies. Blame the terrorists themselves, blame the idiology, but don't pigeonhole an entire culture.

      --
      "You call it a new way of thinking; I call it regression to ignorance!" -- Operation Ivy
    2. Re:Multiculturalism by Anonymous Coward · · Score: 0

      who are you to judge an entire culture as disfunctional? You talk about "the thousands of people who have been randomly murdered" How many innocents died on September 11th, now compare that to the number of innocent people who have died in Iraq and Afganistan as a result of Americas military actions there. Your looking at it from the point of view of an American(or westerner) who sees Arabs as the enemy. Thats fine its as valid of point of view as any, but how about looking at it from the point of view of Arabs who have been opressed by the west and Isreal for centuries.

      Just let me give you this to think about after September 11th what did a young man or woman who was terribly outraged and wanted to avenge those who died do? They joined the US military and possible got to do overseas and fight. Now what recourse is there for an Arab who feels outraged about injustices commited upon his people? Lets say a young Palistian who is outraged at the opression by Isreal. What recourse does he have? He cant join the military and goto war because theres no nation waring with them.

      Whenever a people feel opressed and neglected there is backlash, it may be military, political, or come in the form of violence. One way or the other it will be expressed.

      Now I dont condone terrorism in anyway but Arabs aren't terrorist beause their culture is "defective" that is the most ethnocentric thing I've ever heard. Belive it or not terrorism isnt exclusivly an Arab phenomenon. It exists all over the world. In Fact al-Qaeda has terrorist cells in the phillipines, does that mean that Asians are "defective" as well?

      I apologize for this incredibly off topic post but I feel it had to be said.

  154. There should be a law by tfcdesign · · Score: 1

    That police can only hold the hard drives and storage media.

  155. Re:Not "death by mahi mahi", but... by whyde · · Score: 1

    I'd much rather face the RIAA if faced with death by Snu-snu!

  156. Changing the ratio by Anonymous Coward · · Score: 0

    We've made a small difference in the world.
    Between your post, and this one we've changed the ratio to 1:52.

    --
    Don't ever doubt that a small determined group of people can change the world. Indeed, it's the only thing that ever has.

  157. Re:Perjury is a Crime by Pyrettablaze · · Score: 1

    University of Akron

  158. Exactly the same fashion? by kumanopuusan · · Score: 1

    "But they both operate in exactly the same fashion!"

    Neither the RIAA or the MPAA has blown up buildings full of copyright infringers.

    --
    Use of the words "good", "bad" or "evil" is almost invariably the result of oversimplification.
  159. There's a fine line between... by unknownideal · · Score: 1

    ...four computers, one in each room, and four computers, all in one room. Yet it makes all the difference.

  160. Re:Perjury is a Crime by Carnildo · · Score: 1

    The first and most important step in making your network secure is taking a hammer to the wireless access point. Pretty much everything else after that is optional.

    --
    "They redundantly repeated themselves over and over again incessantly without end ad infinitum" -- ibid.
  161. Zeroing a drive by phorm · · Score: 1

    Just out of curiousity, what do you use to zero the free space, and do you have something that works on both FAT/NTFS and 'nix filesystems?

    1. Re:Zeroing a drive by TheLink · · Score: 1

      Something like:
      #!/usr/bin/perl -w
      use strict;
      my $fh;
      my $size=1000000;
      my $buf="\000" x $size;
      my $fname='00zeroes.000';
              open($fh,"> $fname") or die "cannot open file: $!";
              while(1) {
                      last unless (print $fh $buf);
              }
              close ($fh);
              unlink("$fname") or die "\a\a\aUnable to unlink $fname: $!";
              print "\a\aDone\n!";

      ---
      You probably might want to do a sync. But I'm not too bothered.

      Instead of a while(1) you could put a limit.

      --
  162. Re:Tech Novice? What's screwed up about this is by smoker2 · · Score: 1
    With digital content being wrung harder for profits and with the studios and others hell-bent to make examples of others, and with the police needing to show the public its money is being well spent, it's probably inevitable that more people will be pulled into the hollywood/content provider dragnet.
    Dragnet, there, you said it !

    My name's Friday, and I carry a badge !

  163. Re:Tech Novice? What's screwed up about this is by Drakkenfyre · · Score: 2, Insightful

    Because in this system, you need money to have your rights enforced. Does a guy who is upset because of lost work for lack of a computer sound like the kind of guy who can hire a lawyer for that sort of thing? No. Instead, he sounds like most of us, who don't have that option.

    Not being argumentative, but unless you or someone on this board can recommend a lawyer admitted to the bar in his state that would take the case on spec, he might be just as out of luck as the rest of us would be.

  164. Is it CLEAN? by Y2 · · Score: 1
    A question to all of you people that say, "I use tool X and I know my unwanted bits can't be recovered because it does Y and Z!" ...

    How do you justify your faith?

    --
    "But all your emitter and collector are belong to me!"
  165. Fight bullshit with bullshit. by Anonymous Coward · · Score: 0

    You know, it occurs that the definition of a computer is:
    A device that computes, especially a programmable electronic machine that performs high-speed mathematical or logical operations or that assembles, stores, correlates, or otherwise processes information.
    In other words, a computer = a processor. The processor controls the storing and correlating of files on a hard drive, this is true, but the drive itself is a pretty stupid device.
    Point? Store your drives in another location, physically. Run an extended cable through the wall, so it is just another wire for the tech savvy people in Ackron, Ohio to unplug from the wall. They'll probably call it "the DSL".
    If, parchance, the search warrant uses some terminology not exactly meaning "computer", but rather encompassing the CPU, hard drives, and the $500 video card that will mysteriously disappear and show up in a computer forensic specialist's Christmas stocking, at the very least you can run your OS off a small hard drive, and have the main disk storage in another physical location, as detailed above. Even if the search warrant uses a legally nebulous term, you can write off their failure to remove all preterint data as their failing, not yours, as you showed them "where the computer(s) are", because despite the wording of the search warrant, that is probably what the millicents are going to be asking for.
    Corporations are legal savvy, techs need to become acquainted with their rights and the various, ultimately unfortunate loopholes associated with most any law, if only to continue to be able to perform their jobs.

  166. cleanliness is next to feloniousness by mkcmkc · · Score: 1
    And what does cleaned mean, really?

    I dunno, but if I opened someone's computer and it wasn't filled with dust bunnies, I'd think that was pretty fucking suspicious...

    --
    "Not an actor, but he plays one on TV."
  167. Re:Tech Novice? What's screwed up about this is by NFN_NLN · · Score: 3, Insightful

    How thorough are the searches. I mean, if you had CAT5 running through your walls, and it just so happened that a V-Gear LanDisk was connected into that network and actually dry walled into the wall... would they ever find your data? They'd essentially be hauling away dumb terminals :)

  168. Re:Tech Novice? What's screwed up about this is by Achra · · Score: 1

    I think that's an awesome idea. Basically, you're dealing with idiots that love power. They were careful to take all of my "CPU's". (You're taking my CPU's?!? Why? I hope you brought something static sensitive to put them in!)
    They didn't take any optical media, they didn't take any thumbdrives, pda, etc. If I were actually going to be perpetrating illegal activity on my machines (and have absolute faith in my transport encryption), I'd use Knoppix and a thumbdrive.. Keep no HD in the machine at all. Wouldn't they feel like doofs when they tried to search the machine and there was nothing there at all!

    --
    Each processor would proceed sequentially as if it had been better for them not to rise against Saul.
  169. And how do you know? by phorm · · Score: 1

    I'm at work for >8h a day. I also have my wireless rig setup downstairs, though it is connected to a server through which I have a VPN for sensitive stuff.

    The point is, if the guy is using wireless at home then
    a) It's probably because his computer is not located conveniently near a network connection, thus his connection is not necessarily near where he might see das blinkenlights on the router as his bandwidth is being leeched (and how many people would notice anyhow). b) Even if he did have the router somewhere he can see it, what are the changes it would strike a chord that bandwidth is being used by others, and what's to say it wasn't when he was at work, etc?

  170. Re:Perjury is a Crime by hazah · · Score: 1

    Strange, I am taking programming, though it's more of a hobby at this point anyway. However I can't see myself NOT knowing as much as I can master in networking, os/network administration, and hardware. It just seems like the most logical topological understanding of how things 'should' be done. When I program, I want make an efficient use of the network, the graphics card, the browser, w/e. I can't exactly do that not having many of the same skillsets proffesionals in those fields have.

  171. TOO BAD by Geak · · Score: 0

    I think this person's excuse is lame. As far as I am concerned - you are responsible for your own computer security. Anything that happens on your network because you were too stupid to secure it - you should be liable. I hope this man loses. If I have never driven a vehicle before, then take a car for a joyride and kill someone in the process - I can't use, "I didn't know how to drive" as an excuse. Maybe this will send a message to all the morons out there that don't know how to use a computer that maybe they should learn before they go on the internet. This man deserves whatever he gets.

  172. New revenue model by Anonymous Coward · · Score: 0

    I think the industry has hit upon a new revenue model for mediocre films and CDs that have underperforming retail sales.

    Over last year's four-day MLK weekend, Coach Carter grossed $29 million on 2,524 screens.
    http://www.boxofficemojo.com/news/?id=1654&p=s.htm That comes to $11,569 per screen for the four day period. Now if you augment that with a few $100,000 infringement suits, then even bombs like Ishtar, Waterworld, and Gigli can turn profitable.

  173. Re:Perjury is a Crime by Luckster7 · · Score: 1

    Direct TV had a site selling the ISO-7816 programmers confiscated and they took posession of all data and sales history. The site had a lot of hacking content on it. Direct TV in one swoop obtained a list of people to sue and evidence in the form of posts which only they own, so they could just replace people's signatures and make the evidence say anything they wish.

    I guess the moral is if yuo're going to buy anything that can be used to copy another product, don't leave a paper trail. I wonder if I was to sue someone at Direct TV for buying paper (prove you didn't copy any of my copywritten articles) if I would either win or get a portion of the DMCA overturned.

    --
    Deuteronomy 13:06-9
  174. Not a conspiracy theorist but... by jgercken · · Score: 1

    Open, neighborhood wireless access points are becoming a hot topic. I just heard a story on NPR's All Things Considered talking about how they're great and easy to set up.

    ISPs don't like open access points (recall the Bellsouth-New Orleans story). This is likely because it increases circuit utilization, limits overselling, and ultimately affects their revenue stream. It's in their best interest to discourage sharing bandwidth with an open AP. They also have the ability to monitor everyone's traffic. Now, who do you think the tip came from?

    --
    Never ascribe to malice what can be adequately attributed to ignorance. -Napoleon
  175. Let the Flame Wars Begin! by notcreative · · Score: 1

    Funny comment, but not really relevant to the discussion. Modded up as Insightful, however.

  176. Slick Film Pirates by notcreative · · Score: 1

    Does that mean that anyone who is laughing is a slick film pirate? 'Cause there are a lot of laughs from the /. people here.

  177. The law works the same way by typical · · Score: 1

    The law works the same way as bin Laden and Paramount. This is why punitive damages exist -- because law enforcement can't catch every violation of the law.

    --
    Any program relying on (nontrivial) preemptive multithreading will be buggy.
  178. I'm not sure I want the guy clobbered by typical · · Score: 1

    Who's going to believe that a man with 4 networked computers (one recently "cleaned"), high speed internet, and a wifi setup (perhaps with security disabled for just such a defense) is a "computer novice" subjected to the attacks of a roving gang of drive-by internet pirates? I'm sure it looks good for his friends and family to hear him proclaim innocence to the claims, but he should be aware that perjury is a crime!

    Well, two points:

    (a) Let's say that, like many people, you live in an apartment complex or other reasonably dense residential environment. You want to run your peer-to-peer client all day. Most people are not going to be technically knowledgeable enough to configure their router to make this a background operation, and are going to have to resort to things like capping data rates. Like many people, you have a wireless laptop, and a neighbor with an Internet connection and a wireless hub. You simply use their network for your laptop, which keeps your own connection peppy.

    (b) If the guy does do this, is it a good thing for society to fine him $100K? I'm not saying that it necessarily isn't, but I'm very much not sure of this. Today, the only reason that waiters/waitresses can reasonably make a living is because of tips -- I could see musicians operating the same way. We just don't know what's feasible yet, but I'm not really worried that our society will become deprived of audio or video entertainment because we don't have life-crippling fines on those who copy them.

    --
    Any program relying on (nontrivial) preemptive multithreading will be buggy.
  179. 100.000$ for uploading a film? by Anonymous Coward · · Score: 0

    And even worse: Half of /. already so brainwashed that they think this guy must be guilty because of his four computers. What's next?

  180. The difference between Arabs and Americans by Simonetta · · Score: 0

    The difference between Arabs and Americans is not that one side is savage and the other benign, it's that one side has 10000 car bombs and the other side has 10000 hydrogen bombs.

        And one side is playing a rather dangerous game of seeing how many car bombs that they can toss at the other side before they retaliate in a more drastic way than drafting 45 year olds and giving away fat bogus defense contracts.

        Perhaps I am being too obscure. How's this for clarity: the Americans have enough hydrogen bombs and chemical weapons to decide one morning to kill every Arab on Earth, spend the morning planning it, the afternoon doing it, and still have plenty of time left to smoke some weed and watch cartoons before dinner.

        Two hundred years ago, native American tribes ruled most of North America. The Europeans came, saw, conquered. The natives fought back with terrorism. The Americans killed almost all of them and put the rest in reservations.

        Forty years ago, the Americans just woke up one morning and decided to kill a million Vietnamese. For no reason at all. Just go there and do it. The Vietnamese didn't send shaaheeds to any kindergartens or pizza delis.

        So if the Arabs don't put an end to this business of wrapping young people in plastique explosive and sending them out to blow up ordinary people, they run the serious risk of finding themselves, their history (the books will be rewritten so that they will have never existed), and their culture...seriously dead.

        Pushed too far, the Americans will accept that they must assume the burden of being thought of as the greatest mass murders in history. {Germany now holds the championship belt in this event, simply because they were so ...clean... when they killed the 10 million}. It will be worth it to them to have peace on their terms, and to have another 40 years of cheap gasoline. ....And listen there, bud, I didn't say 'defective culture', I said 'disfunctional culture'. Big difference. Ask your kid's school guidance counselor about the details. Don't change my words and call me a bigot.

        And, oh yes, one last thing...

        When people kill Americans, then those people deserve to die for what they did.

        When Americans kill people, then they were killed because they deserved to die.

        Is it justice? Possibly not. Justice only happens in individual cases involving small numbers of people. You won't find justice in international relations and war. Mass murder is the order of the day. But it keeps the peace and keeps the world humming.

        When you understand this, then you will know your place and will be able to have a long life and happy family. Which is more important than how many people were killed for what reason so long ago.

  181. (-1, Overrated)? by Anonymous Coward · · Score: 0
    Pirates are cowards who can't handle the truth. They'll ask questions they know the answers to perfectly well pretending ill-logic on the part of those trying to put an end to piracy.

    Fuck the DMCA. But fuck the pirates whose extremism lead to knee-jerk laws like the DMCA in the first place. If you bunch of shits hadn't decided to "fight the man" by copying "the man"'s music to as many people as possible via P2P, we wouldn't HAVE the fucking DMCA. The DMCA is YOUR FAULT you pirate fucks.

  182. Netflix is the real criminal by Anonymous Coward · · Score: 0

    Netflix is uploading copies of movies via the USPS. Bet a whole bunch of people are making perfect copies from them.

  183. Hah by Anonymous Coward · · Score: 0

    He'll need DNA evidence to get out of that one.

  184. Here's a real test: by Hosiah · · Score: 1

    Would the law's and Paramount's actions be justified if I ran into Walmart, dropped a recording of a movie on a cassette on a shelf there, and ran out, bothering no one and taking nothing? Would that be a $100,000 - dollar crime?

  185. Better idea by Thomas+Shaddack · · Score: 1

    Mount some shotgun shells at the top of the disc. Wire them to security system that blasts the discs at forced entry. Refuse to open the door to the cops, let them do the destruction job themselves.

    Alternatively, use an encrypted filesystem, with key stored in an EEPROM chip secured the same way. Destruction (and secure off-site backup) of 256 bits is easier than operating on whole discs. Also does not require entire shotgun shells and gun-like assemblies, likely to be problematic in some jurisdictions, as a teaspoon or two of thermite should do the job in a much safer way. Or use a microcontroller with a challenge-response scheme, in a tamperproof enclosure, which will destroy itself when mishandled (eg. physically moved without authorization).

  186. They'll email you or something.. by i8puppies · · Score: 0

    I was downloading stuff (porn, anime music videos, etc) on eDonkey once and accidentally started downloading a Paramount movie. Before I realized it and cancelled it, about 200kb had been uploaded back over the p2p network from my computer. The next week I got a phonecall from my ISP saying that Paramount was banging at their doors blabbing about getting a subpoena unless I delete the movie data.

    At that specific moment I didn't even remember the movie (nearly) passed through my belonging, so I did whatever any normal person would do when they feel they're wrongfully accused, I got pissed and denied the whole thing. I didn't hear back from them.

    Just goes to show you that eDonkey is a terrible and policed network. Don't use eDonkey/Kazaa. Use torrents for your needs.

    Just a quick comment on the ethics of Paramount doing this shit: if your movie has been out of theatres for a long time, and nobody is buying it on video or dvd anymore, you need to be fucking THANKFUL someone is trying to download it for free. I'd say more than 75% of the time I download a movie off the net (and like it), I go out and buy a copy the next week. If it weren't for people doing this, then movies like Se7en and Fight Club and The Matrix would have been that much less of a post box-office success. The same goes double for music.

  187. Re:Tech Novice? What's screwed up about this is by gronofer · · Score: 1
    I'm surprised they didn't take the accessories. That thumbdrive idea doesn't seem very reliable to me, since the next squad of the keystone cops you encounter may be more thorough.

    And I'd prefer to see a 200GB drive there filled with randomly generated files, just for the satisfaction that it will actually cost them something to copy images and analyse the "data".

  188. Re:Perjury is a Crime by laffer1 · · Score: 1

    Computer science has become quite specialized. Its good for companies and bad for us. If you pick the wrong thing to specialize in, you may find yourself out of a job.

    Programming as a hobby is a great thing, but remember most professionals don't write games, web browsers or operating systems. They don't need to know how to tune for best graphics or network performance because they are several levels away from the hardware. Most programs written now are business centric apps. An accounting app for example doesn't need to be a speed demon on the internet nor does it render opengl graphics for accounting figures. Now if a computer scientist is doing research in an area, they will learn everything they can about that area. People who like to wear many hats like me and you aren't appreciated anymore. Recruiters and companies often don't know where to put me. We are valuable to small businesses who can't afford 10 people, but its hard to break into big business with diversity.

  189. Re:Perjury is a Crime by laffer1 · · Score: 1

    I can tell you my experience. I first went to the university of michigan flint. They pushed cobol, pascal and basic and followed up with fortran. I dropped out of that program for similar reasons. It didn't seem practical and unlike a real cs program, they didn't focus on how to learn new languages either.

    I worked for a few years, and then went to a community college. I did basic, visual basic and C there. Two of the three were quite useful, although I had learned a bit of both in my own time. I earned a degree there and then went on for a bachelors at western michigan university. The intro class is C++ currently. You use C++ for the first two classes, then learn a little C and sparc assembly. Then you take a systems programming class taught entirely with C and another class tailored to C++ on data/file structures. Most of the classes were taught with linux or solaris. I recently finished a gui programming coarse using Gtk+/Gnome 2.6.

    The down side is that the program got "encouraged" by microsoft to switch to .NET 2.0 next fall for almost everything. All new classes will be C#, except for operating systems and system programming which will continue to use linux. They are still decideding on the sparc assembly class. Its a shame really as many students there learn C# on their own time and few get exposed to *nix like systems otherwise.

    Until recent events, the program was very good about allowing for multiple platform use on laptops and things. It was ok to have a mac or a linux based laptop in class. They don't plan on using mono either.

    There are two opinions one can take from the change. The good news is that its a more practical program which will appeal to people like myself that went to community college and the like. The bad news is that you won't learn how to learn and instead will be brainwashed into Microsoft is the only way rederic. I like .NET personally, but its not the solution to every programming problem. I had hoped the program would switch to java and then teach C/C++ later on.

    The CS degree requirement will change. Around here people explicitly ask for CIS degrees already. The logic in the past was that a CS person was taught to learn and so they can pick up the new stuff. With changes like the ones at my university, that will no longer be the case. I suspect the diversity is to help justify outsourcing. Most people agree its hard to outsource CIS type jobs overseas aside from helpdesk techs.

  190. Re:Perjury is a Crime by hazah · · Score: 1

    Most programs written now are business centric apps. Yeeeep... that's what I do for a job :).

  191. Re:Perjury is a Crime by Prophet+of+Nixon · · Score: 1

    Wow, that is really nasty.

    Makes me wonder how to order something like that securely (while assuming the site does keep records)... its easy enough to set up an email blind somewhere and negotiate with the site to pay/mail cash, but getting delivery is tricky if you assume they will keep the shipping address.

  192. You're being very selective with your examples by billstewart · · Score: 1
    Powerless pissed-off people blow things up with small bombs because they don't have big ones. Powerful power-hungry people blow things up with big bombs because they can, or sometimes because they're pissed off. The IRA used to regularly blow things up, killing people in pubs and shopping centres. Tim McVeigh blew up the OKC Fed building because he was pissed off about the Feds attacking a church for no good reason. Osama blows up western targets; Clinton responded by bombing Afghan camps and Sudanese medical factories. Radical leftists in the US used to make bombs, though it's not clear how many actually got used. Puerto Rican nationalists used to bomb US airport lockers. The Baader-Meinhof gang and Red Army Faction mostly used guns rather than bombs. The Philadelphia Police Force bombed the MOVE cult headquarters, burning down the rest of the block in the process. Very few anarchists actually bombed anybody, but we've been insulted about it ever since. GHW Bush started bombing Iraq by blowing up the phone company building; GW Bush's army went for "shock and awe". FDR's firebombed much of Germany, particularly Dresden. Arab Palestinians blow up Israeli targets; Israeli forces bulldoze houses and bomb Lebanon and assassinate people with missiles and repeatedly bombed Arafat's headquarters. India set off the Mahatma Gandhi memorial nuclear weapons tests to scare Pakistan; Pakistan did their own nuclear weapons tests to scare India. Saddam might have used US chemical weapons against the Kurds. Bush kept lying about how Saddam was building nuclear weapons and other weapons of mass destruction, while Scooter "Germ Boy" Libby kept hyping biological weapons. Japanese kamikazi pilots bombed US ships.

    The only real differences seem to be why somebody's pissed off and what resources they have to do something about it. The Arabs have done a lot of suicide bombing rather than simple car bombing, mainly because it really freaks people out, but they're hardly the only ones. US propagandists talk about US soldiers sacrificing themselves for their country as the highest good, while they talk about suicide bombers as bizarre cultists that Western culture can't understand. It's all a load of crap.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks