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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.'"
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.
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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
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.
If he keeps a lot of old machines around it's not that unreasonable.
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) 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.
Someone pirated the movie! That explains why it only made $67 million instead of being a hit!
Philip Sandifer's academic website
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.
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....
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.
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.
Sounds like you've convicted him already; I thought it was "innocent until proven guilty."
Sniff for IP addresses active during business hours, but essentially are unavailabe after hours .
.... priorities...
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
Rome...Bread and Circuses...
Ex-MislTech
google "32 trillion offshore needs IRS attention"
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.
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
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.
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."
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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..
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
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.
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.
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"
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.
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.
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.
MidnightBSD: The BSD for Everyone
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.
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.
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 :)
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.