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Is RIAA's Linares Affidavit Technically Valid?

NewYorkCountryLawyer writes "In support of its ex parte, 'John Doe,' discovery applications against college students, the RIAA has been using a declaration by its 'Anti-Piracy' Vice President Carlos Linares (PDF) to show the judge that it has a good copyright infringement case against the 'John Does.' A Boston University student has challenged the validity of Mr. Linares's declaration, and the RIAA is fighting back. Would appreciate the Slashdot community's take on the validity of Mr. Linares's 'science.'"

260 comments

  1. misleading slashdot headline by nomadic · · Score: 2, Insightful

    It's not a sworn statement, so it doesn't count as an affidavit. If Linares was really behind this document, it would be a sworn statement.

    1. Re:misleading slashdot headline by rtb61 · · Score: 5, Interesting
      Not necessarily, it allows a walk away statement ie. he can walk away from any distortions. One example is the exaggeration that the P2P users, have no connection with each other, or knowledge of each other.

      Of course P2P users can know each other really well and can know exactly with whom they are exchanging content they are fully legally entitled to, also in joining a specific P2P network, they are forming a new association, based upon shared expectations of what they mutually expect from this new relationship, an extension to that is the sharing of a part of their personal and private space i.e. a part of their hard disk drive storage space in their personal computer and their files that they have stored their, and upon a mutual understanding of not exploiting that trust and abusing that relationship by using it in a false, deceitful and fraudulent manner.

      The second major lie is of course that 'users' can be identified by their IP address, and hugely misleading fabrication, the only way one user, human being, can be identified by an IP address, is if that IP address was embedded in a device inserted in their body, even then it would be impossible to say that the IP address response was not being generated by another electronic device that had no association with that user at all. An IP address provides a temporary, non fixed, transitory, addressing protocol, so that electronic devices can effectively exchange data across a shared interconnected network. Many devices can exactly the same IP address, they can even connect at the same time, but that will cause network problems for those devices and problems for any other devices attempting to communicate with them. However it terms of routing network traffic, many millions of devices a currently connected to the Internet with exactly the same IP address beyond the default IP address of routers. The lie is again carried over to where Media Sentry, identifies the 'individual' what a crock, this lie is even extended to the ISP, that somehow the ISP can identify who is using the electronic device at the time.

      It would also seem that the RIAA claims copyright on file names, if heaven forbid, you have file names that in part, or whole, including misspellings, match with file names that the RIAA or Media Sentry might possibly association with works they are claiming protection for, you are somehow infringing copyright.

      That closing bit is most telling, we have no idea who is committing the copyright infringement, finally the truth, but we want to prosecute somebody, anybody and everybody based upon a, we say so basis, and a temporary IP address issued by an ISP that is of sufficient security and legal documentation and verification of identity as is necessary to manage a $25 a month Internet account (seriously how much technical effort and expense do you put in to manage and record and track that cheap an account especially hundreds of thousands of them).

      --
      Chaos - everything, everywhere, everywhen
    2. Re:misleading slashdot headline by TubeSteak · · Score: 4, Insightful

      Not necessarily, it allows a walk away statement ie. he can walk away from any distortions. Here's point 2 from his declaration:

      As Vice President Anti-Piracy Affairs I am responsible for evaluating to online strategies for the RIAA, including oversight of the investigations into online infringement of copyrighted sound recordings. As such, this Declaration is based on my personal knowledge, and if called upon to do so, I would be prepared to testify as to its truth and accuracy. "I am responsible for evaluating to online strategies for the RIAA"

      Is he an expert? In what? His credentials?

      Before anyone can discuss the content of his Declaration, it seems to me that it would be prudent to evaluate whether or not it should carry any weight at all. After skimming the Declaration, he seems to be making a lot of assertions that I think a Judge would normally expect to come from an expert.

      In other words:
      What qualifies him to testify as to [the Declaration's] truth and accuracy"?
      --
      [Fuck Beta]
      o0t!
    3. Re:misleading slashdot headline by Anonymous Coward · · Score: 1, Informative

      Old details from 2005: http://www.zoominfo.com/people/Linares_L._76047414 4.aspx

      L. Carlos Linares Jr. is Regional Counsel, Anti-Piracy and Legal Affairs, for the Recording Industry Association of America, Inc. (RIAA). Prior to working for the RIAA, Mr. Linares worked as an associate in the litigation departments of Conroy, Simberg & Ganon, and Moore & Peterson in Orlando, Florida. He received his Bachelor of Arts Degree in liberal arts and music performance from Louisiana State University in 1993, and his Juris Doctor Degree from the University of Florida College of Law in 1997. Mr. Linares is a member of the State Bar of Florida and the State Bar of Texas. Additionally, he belongs to the Intellectual Property, and Entertainment and Sports Law Sections of the Texas Bar, and the EASL Section of the Florida Bar. Beyond his career as an entertainment attorney, Carlos continues to work as a touring musician, recording artist, and writer. He has played in horn sections on countless stages throughout the U.S., Canada, and Europe, and has recently performed with James Brown. He is currently a voting member of the National Academy of Recording Arts and Sciences (NARAS), and serves as a volunteer with Big Brothers / Big Sisters of Arlington / Mansfield.

    4. Re:misleading slashdot headline by TigerNation · · Score: 2, Interesting

      NYCounty Lawyer: I'm a recovering lawyer who wants you to create an email address subject to attorney/client confidentiality, one that assures those techies who respond that their confidentiality can be firewalled from the inevitable subpoena to be served upon slashdot--I can hear the RIAA vipers salivating at this very moment! Get with the program, please!

    5. Re:misleading slashdot headline by nomadic · · Score: 1

      Not necessarily, it allows a walk away statement ie. he can walk away from any distortions.

      Well that's my point, if he was so sure of what he was saying, he could have sworn to it. I'm not sure why the defendant's motion didn't attack it on that basis.

    6. Re:misleading slashdot headline by Anonymous Coward · · Score: 0

      Don't forget that he's also been the trumpet player for DC-based ska band The Pietasters. Go and pirate all their music now!

    7. Re:misleading slashdot headline by slazzy · · Score: 1

      Yeah, the RIAA might be able to identify the IP address of coffee shop that I'm at for those few minutes... Have fun, you'll also find my mac address is a little different than when I purchased my laptop (with cash). Then again, I don't like mainstream music crap anyway so why would I bother to download it.

      --
      Website Just Down For Me? Find out
    8. Re:misleading slashdot headline by rtb61 · · Score: 1

      The point about identifying the IP address, is that they never ever identify the person, the user or the individual. That requires considerable evidence, like a video of the person using the device, that is singularly identified as being connected to the network (requires an additional implanted device), and is currently using the non permanent IP address, at the specific defined times, add to that the device should be obtained as soon as possible after that evidence is obtained to ensure no tampering with evidence (one way or the other).

      --
      Chaos - everything, everywhere, everywhen
  2. Is there really change happening? by The+Ancients · · Score: 1

    I was reading an article at The Register that almost had me start believing that there just might possibly be the start of a potential change of heart within the music industry.

    http://www.theregister.co.uk/2007/06/27/kristian sand/

    It's not April 1st, and I'm not on meds (at present - if this is true, well who knows...).

    Has anyone seen anything else of note regarding this historic coming together? (take that as you will)

  3. Re:Don't feed the lawyers by dosboot · · Score: 1

    So? I can only interpret your comment meaning Linares is 'against' us so if we were to examine the affidavit it would be helping him. If that is indeed what you meant then it is nonsense.

  4. screwed up link... by The+Ancients · · Score: 1

    at least I didn't think I was on meds... RIAA handholding

  5. The companies behind the RIAA... by Barkmullz · · Score: 4, Informative

    I do not feel particularly qualified to validate Mr. Linares's claims. However, over the years I have 'forgotten' that the RIAA is just a trade organization, comprised of many different companies. It was interesting to read through the list of plantiffs and put a face on who the RIAA really is. Here they are if you did not RTFA:
    • Arista Records, LLC
    • Warner Bros. Records, Inc.
    • Atlantic Recording Corporation
    • Virgin Records America, Inc.
    • UMG Recordings, Inc.
    • BMG Music
    • Capitol Records, Inc.
    • Sony BMG Music Entertainment
    • Motown Record Company, L.P.
    • Maverick Recording Company
    • Elektra Entertainment Group, Inc.
    • Laface Records, LLC.
    • Interscope Records
    This may not be a good thing, as my hatred will now be diluted
    --
    Ronald said nothing. He flung himself from the room, flung himself upon his horse, and rode madly off in all directions.
    1. Re:The companies behind the RIAA... by martin-boundary · · Score: 1
      With large international corporate conglomerates, lists of individual company names alone can be misleading for the overall picture. For example, a group might own both companies A and B, and only company B might be a plaintiff in a particular lawsuit, if the group decides it. So it might not be obvious that company A is effectively providing part of the funds for B's lawsuit.

      The only way to know which companies deserve your hate is to have a detailed corporate ownership structure for the owning conglomerates.

      For example, EMI owns Virgin Records, which is on your list, but this wikipedia entry shows that EMI also owns Manhattan Records, which is not on your list above.

      I think you can't go wrong if you remember the big four RIAA members EMI, Sony BMG, Universal and Warner.

      I don't know of any website which traces the exact company ownership structures for the holding companies of the RIAA (eg Universal Music Group is owned by Vivendi), but it would be a worth while project for someone to slog through the available public information sources around the world to build a company tree for each of the RIAA members.

    2. Re:The companies behind the RIAA... by PainKilleR-CE · · Score: 1
      Many times a simple trip through the pages of one of the main corporate sites will give you enough information. For example, http://www.sonybmg.com/ has a link to a list of labels (though it's not complete, or there are many sub-labels to the labels listed), which includes Arista Records, Burgundy Records, Columbia Records, Epic Records, J Records, Jive Records, LaFace Records, Legacy Recordings, Provident Music Group, RCA Records, and Verity Records (as well as several derivations of RCA, Sony, etc). The strange part is that Sony/ATV music publishing is the division that manages (possibly the largest part of) the copyrights that Sony holds for music, so it would be assumed that this particular division would be the most important one to list, and yet it's not listed.

      http://www.wmg.com/about/

      Warner Music Group is home to a collection of the best-known record labels in the music industry including Asylum, Atlantic, Bad Boy, Cordless, East West, Elektra, Lava, Maverick, Nonesuch, Reprise, Rhino, Roadrunner, Rykodisc, Sire, Warner Bros. and Word. Warner Music International, a leading company in national and international repertoire operates through numerous international affiliates and licensees in more than 50 countries. Warner Music Group also includes Warner/Chappell Music, one of the world's leading music publishers. http://www.emigroup.com/About/Overview/music.htm

      EMI's record labels, which include Angel, Astralwerks, Blue Note, Capitol,[...] EMI,[...] Manhattan, Mute, Narada, Parlophone, and Virgin http://new.umusic.com/Labels.aspx?Group=1 (Universal)

      Geffen Records, Interscope Geffen A&M, Island Def Jam Music Group, Lost Highway Records, MCA, Mercury, Motown Records, UNI Records, Universal Records, Verve Music Group This page is also helpful, though it lists only the individual labels, and not where they belong in the list of major labels:
      http://www.riaa.org/aboutus.php?content_selector=a boutus_members
      --
      -PainKilleR-[CE]
    3. Re:The companies behind the RIAA... by weinrich · · Score: 2, Interesting

      I find it disturbing that these companies, most of which are huge all by themselves, haven't been forced by the courts to fight their own battles by using their own individual resources to track down the infringers of their own copyrights.

      Therefore, as it stands, this basically represents a reverse-class-action suit, with many individual plaintiffs collectively suing a single defendent.

      --
      Error: .sig not found, using /etc/passwd instead
    4. Re:The companies behind the RIAA... by Citizen+of+Earth · · Score: 2, Insightful

      However, over the years I have 'forgotten' that the RIAA is just a trade organization, comprised of many different companies.

      How is it that this 'trade' organization isn't illegal? I can understand an industry organization that sets technical standards, but the RIAA goes much further than that and sets prices, colludes on market objectives, and prosecutes customers.

    5. Re:The companies behind the RIAA... by Belacgod · · Score: 1

      Therefore, as it stands, this basically represents a reverse-class-action suit, with many individual plaintiffs collectively suing a single defendent.
      That's what a normal class-action is.
  6. Bittorrent "Calitolizes" on piracy? by Anonymous Coward · · Score: 0

    See page 3, paragraph #6 of Linere's Declaration

    How exactly does Bittorrent "Capitolize" on anything? Its free software. No Ads, No fees, ect. Is the RIAA objection to pirates DONATING to open scource projects?

    That doesn't sound very pirate like.

    If that is what is happening, the RIAA should do the obvious thing: Compete for that market share. Give their own music away, ask for donations. Then sue their Customers. No... Wait.

    1. Re:Bittorrent "Calitolizes" on piracy? by megaditto · · Score: 1

      You cannot compete with 'free,' especially if it costs you money to produce the product while you competitor just steals it from you.

      --
      Obama likes poor people so much, he wants to make more of them.
    2. Re:Bittorrent "Calitolizes" on piracy? by shark72 · · Score: 3, Insightful

      "How exactly does Bittorrent "Capitolize" on anything? Its free software. No Ads, No fees, ect. Is the RIAA objection to pirates DONATING to open scource projects?"

      This is the quote to which you refer:

      Notwithstanding the court's decision enjoining Napster, similar online media distribution systems emerged and attempted to capitalize on the growing illegal market that Napster fostered. These include KaZaA, eDonkey, iMesh, Ares, BitTorrent, DirectConnect, and Gnutella, among others.

      If you're confused, it may be because you're reading it too literally. When you see "BitTorrent" in the above, mentally replace it with "BitTorrent tracker sites" (ie: The Pirate Bay). Many of them are commercial endeavors making thousands upon thousands of dollars in profit each month (just because they provide a free service does not mean that they don't have a profit motive). Facilitating piracy is a big business, and business is good.

      HTH.

      --
      Sitting in my day care, the art is decopainted.
    3. Re:Bittorrent "Calitolizes" on piracy? by Zephyr14z · · Score: 1
    4. Re:Bittorrent "Calitolizes" on piracy? by Anonymous Coward · · Score: 0

      The pedantry matters. It really does. Every time you repeat it, you win a convert to the ways of free entertainment.

    5. Re:Bittorrent "Calitolizes" on piracy? by Anonymous Coward · · Score: 0

      Maybe the RIAA should take out some ads on the pirate bay informing users of the evil they are about to commit? :-)

      "If you download that, you're supporting terrorists!"

    6. Re:Bittorrent "Calitolizes" on piracy? by timmarhy · · Score: 1

      right that's why linux is on every desktop. seriously, RIAA org's don't need to give away free music, just reasonibly priced and drm free. if they opened a website selling music for 50c a song drm free i'd be there in a flash. lots easier then messing around on torrents. they could win on convience alone

      --
      If you mod me down, I will become more powerful than you can imagine....
    7. Re:Bittorrent "Calitolizes" on piracy? by Hal_Porter · · Score: 1

      It's not stealing(http://www.lectlaw.com/def2/s074.htm) or piracy(http://www.lectlaw.com/def2/p050.htm)

      Spin: arrrr, pirates of the south west
      Spin: thar be large pipes o'bandwith near ye'ol univarsety.
      Pirate: yearg, ye may be an ta somethan thar.
      Spin: what say ye we pull yonder USB hard disk longside yonder NMSU puter and begin tha lutin and plunderin.
      Pirate: yearg. The master done gaved me a testin machine with a grand ol CDR.
      Pirate: Avast!
      Pirate: MP3s off the starboard bow!
      Spin: stere clear of ye porn pop ups rollin in from tha east.
      Pirate: I have mah trusty Opera browsa to help me fend em off.
      Spin: encrypt the data holds, batton down thar security patches, argh thar be spyware abound.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    8. Re:Bittorrent "Calitolizes" on piracy? by Kamots · · Score: 1

      Strange... jonathan coulton sells his music under the creative commons liscence... yet... he's still making a living off of his music.

      (In case you're not aware, the creative commons liscence allows his works to be reused, redistributed, modified, whatever, as long as it's for non-commercial use)

      So he's somehow managing to compete with 'free', and he's even made the free alternative legal!

    9. Re:Bittorrent "Calitolizes" on piracy? by megaditto · · Score: 1

      No, linux is not on every desktop since it is harder to use and cannot run most windows-only programs.
      But most desktops in China and Russia do in fact run pirated Windows (this would be true for any other country where there is little danger of getting caught). In countries without any kind of penalty for copyright violations, retail Windows just cannot compete with pirated ('free') Windows.

      My point is, we have no right to dictate to RIAA how and for what price they should sell their music, since it's THEIR music. If they wish to lose you or me as a customer, it's their right!

      And saying 'lower the prices or I will pirate it' is not a good argument either; that would be like a rapist saying to the victim 'put out or I will rape you anyways.'

      --
      Obama likes poor people so much, he wants to make more of them.
    10. Re:Bittorrent "Calitolizes" on piracy? by pintpusher · · Score: 1

      No, linux is not on every desktop since it is harder to use and cannot run most windows-only programs. (flame-mode) Gosh. That's just what I said about windows the other day. Its harder to use and you cannot run any linux-only programs. That makes it a deal breaker for me.(/flame-mode)

      just had to say it. you may now return to your regularly scheduled RIAA sludge fest.
      --
      man, I feel like mold.
    11. Re:Bittorrent "Calitolizes" on piracy? by Belacgod · · Score: 1
      Heh, better to take out an ad saying "RIAA is watching you. Your computer is broadcasting a IP address."

      Many casual users would be fooled and scared off of BT.

  7. Tagging Beta by dekkerdreyer · · Score: 1, Offtopic

    This question would be best answered by the early version of tagging beta being turned back on: yes, no, itsatrap

    --
    Dekker Dreyer
  8. "Individual"?? by paxundae · · Score: 5, Insightful

    The term "individual" isn't valid, but legally it may be close enough. IANAL. An IP address where files are available is identified, not an individual. That IP address may represent a single traditional computer system, a series of computers behind a router, or even an open wireless access point. The fact that you can trace activity to an IP address does not mean you can trace activity to an actual real person. You can figure out who pays for access to the internet using that IP address, but that doesn't necessarily mean that much. However, legally, it may, if the duty to ensure that an IP address is not used for illegal activities rests with the person who pays the subscription fee instead of the person who uses the address. This may be reasonable...those who pay for access are probably the least cost avoiders (actually, the ISPs may be the least cost avoiders, but we don't want them shutting down every service they can detect).

    1. Re:"Individual"?? by Anonymous Coward · · Score: 0

      The leap from violating one's terms of service (which no one reads) with one's ISP by running an open (or just poorly secured) access point/network to liability for whatever happens with a leased ip address seems pretty big to me. How can anyone be expected to insure an ip address isn't used for anything untoward given the truly vast sum of expertise that must be employed to prevent all such scenerios? Can everyone really be expected to secure a wireless access point when the recommendations on some software for connecting to one invlove resetting the device physically so it reverts to wide open (actually happened in a network I was responsible for)?

      In a criminal matter it seems very difficult to meet that burden of proof without siezing one of John Doe's computer, and ISP logs of an IP address might well constitute probable cause. Then the data can be examined, and indeed some intent might be infered given how the data was treated. In a civil matter the burden of proof seems much lower, but given the stakes, I'm not sure it should be. Honestly, if you lose and end up under crushing debt you've little hope of paying off, what's the point of being a good citizen and respecting the social covenant embodied in submittion to the Law.

  9. Re:Gee, what does this person expect to hear? by nomadic · · Score: 2, Funny

    I think the RIAA is really bad. Do I get my mod points now?

  10. RIAA NPO by Anonymous Coward · · Score: 0

    Just curious, if the RIAA is an Non-Profit organization, where is all the money that (is-to-be or has-been) collected from these cases gone? Some how corporate greed now seems to have hit NPOs. The RIAA is just one thing, a crook. What sort of dividends are the artists / composers receiving from these endless amount of court hearings? Is it just me or does it seem like something is out of line or wrong here?

    1. Re:RIAA NPO by GodInHell · · Score: 2, Insightful

      To answer this question:

      Recently there was a bit of a buzz on campus after word got out that some of our grads just starting at the top law firms were breaking the previous earning caps, and making as much as 135K a year in their first year. After hiring bonus, one of our kids will clear 200K by next June.

      Er.. that is to say.. it goes to the lawyers.

      -GiH

    2. Re:RIAA NPO by Anonymous Coward · · Score: 0

      So is any of this doing anyone any good or just lawyers making obscene amounts of money? I must be in the wrong market!

  11. It been done... by HaeMaker · · Score: 4, Informative
  12. Re:Gee, what does this person expect to hear? by WilliamSChips · · Score: 1

    I think I understand each word in that sentence individually, but as a sentence they make no sense.

    --
    Please, for the good of Humanity, vote Obama.
  13. Hey, I'll reply anyway. by khasim · · Score: 5, Informative

    The biggest mistake is that they're trying to imply that an IP address is tied to a specific person at a specific point in time.

    It is not.

    It may be tied to a specific computer. Or a specific router / firewall. Or even a specific UNSECURED wireless access point.

    But it is NOT tied to a specific person.

    Their second biggest mistake is claiming (without any evidence) that each file being "pirated" represents a lost sale. So the courts need to work REALLY REALLY FAST to stop the money being lost.

    Their third biggest mistake is that the machine with the IP address, that is associated with the "piracy" is 100% under the conscious, knowing control of the person who is being charged. As opposed to your neighbor using your unprotected wireless access point to download files without your knowledge.

    Anyone have any others?

    1. Re:Hey, I'll reply anyway. by banuk · · Score: 5, Insightful

      As opposed to your neighbor using your unprotected wireless access point to download files without your knowledge.

      Why does it have to be unsecured wireless? We all know how insecure WEP is and isn't it plausible that someone hacked your WEP? The key thing I'm trying to say is that you have to prove guilt. How can they prove it was my computer it could have been a hacked WEP and the only way they'd have access to my router is for them to hack ME.

    2. Re:Hey, I'll reply anyway. by dosboot · · Score: 2, Insightful

      Well you do have points, but slowdown. There's no need to make such a big commotion about being on the anti-RIAA bandwagon. For example copyright infringement is infringement regardless of whether it represents a lost sale, and the thing about acting quickly was argued because ISPs delete their logs periodically. Now, the comment about IP addresses is indeed a big issue. What needs to happen is either a change in law or a legal precedent establishing that whoever 'owns' the IP address must either take legal responsibility or be responsible for making sure those who use the address can be identified. Think about the protection an ISP has as a common carrier. They shoulder no responsibility for crimes their users commit, but in exchange they have to reveal IP addresses. The same logic says that we should somehow legal codify that either owners of an IP address must take responsibility or balance their immunity with adequate identification of their users.

    3. Re:Hey, I'll reply anyway. by weicco · · Score: 2, Insightful

      Yes but you, as a client of some ISP, are responsible of what goes through your internet line. I'm not sure how far that responsibility goes, that's some judge to find out I think. It would be silly if I was doing something illegal using my internet line and then getting away with it just by blaming "maybe someone hacked my wlan."

      --
      You don't know what you don't know.
    4. Re:Hey, I'll reply anyway. by Wavicle · · Score: 4, Insightful

      It may be tied to a specific computer. Or a specific router / firewall. Or even a specific UNSECURED wireless access point.

      Agreed.

      Furthermore Mr. Linares knows, or should have known this is true. It would have been completely negligent for him not to do so. Wireless routers for home users which allow a single IP address to service 20+ individual computers and ship unsecured by default can be purchased at any electronics dealer, including Walmart, for less than $70.

      Furthermore Mr. Linares knows, or should have known, that IP redirector (or "bounce") programs have been a staple of internet anonymity for at least two decades. These packet bouncers were commonly used to anonymise IRC connections and were often illegally installed on other computers without the computer operators knowledge. Therefore these computers which have been identified could have been hijacked using an internet tool that is at least 20 years old. Mr. Linares could not reasonably be ignorant of them.

      Mr. Linares must have known that his statements regarding the reliability of IP addresses were false and self-serving, and he intentionally misrepresented this to the court under penalty of perjury.

      I'm just sayin' that I think there should be a law against intentional misrepresentation to the court, and maybe some penalties as well.

      --
      Education is a better safeguard of liberty than a standing army.
      Edward Everett (1794 - 1865)
    5. Re:Hey, I'll reply anyway. by corsec67 · · Score: 1

      Even then, they can usually only get an IP down to a MAC address, and if it is spoffed, that MAC doesn't necessairly go to a specific computer at all, just to a specific network and all devices that could be on that network.

      --
      If I have nothing to hide, don't search me
    6. Re:Hey, I'll reply anyway. by kennygraham · · Score: 5, Insightful

      The key thing I'm trying to say is that you have to prove guilt.

      They don't have to prove guilt. It's not criminal court."

    7. Re:Hey, I'll reply anyway. by DingerX · · Score: 1

      ...any many routers support MAC spoofing. Heck, to use our laptops at work, we have to spoof the MAC of the desktop plugged in. In the course of a day, we can be hot swapping (and do) several different PCs through the same IP/MAC. And this is on a university network. Oh yeah, and you can't underestimate the scope of infringement. The only way you cannot underestimate the scope, is if that scope is zero.

    8. Re:Hey, I'll reply anyway. by PavementPizza · · Score: 2, Interesting

      The standard of proof is a lot lower in civil cases, such as those the RIAA is filing.

      --
      Viper is the preferred editor of the Emacs operating system.
    9. Re:Hey, I'll reply anyway. by mrsteveman1 · · Score: 4, Insightful

      What you suggest is unreasonable and probably illegal. WEP is broken to a few minutes, and you can't demand users trash WEP only equipment.

      I'm all for authenticated wireless but it is nearly impossible to implement on a scale like this unless we use verisign certificates and a public auth server that is free. Most APs can't do it anyway at the moment, and neither can many consumer devices, most can't even do WPA. Linksys has a for-pay auth setup they provide but this is nowhere near being universally compatible.

      I would argue it is not the consumers problem anyway and most consumers barely understand how Wi-Fi works, much less an integrated 802.1x wireless authentication system using public servers. Not only will it fail to accomplish its goals, going after individual users does not help the situation in any way.

    10. Re:Hey, I'll reply anyway. by Spazmania · · Score: 2, Interesting

      It may be tied to a specific computer. Or a specific router / firewall. Or even a specific UNSECURED wireless access point. But it is NOT tied to a specific person.

      This is a valid point. If they have not demonstrated that a particular IP address was assigned to a particular student then the subpoena should be quashed in favor of a subpoena asking the university to identify the character of the system associated with the IP address (student, shared server, etc.) Once the university specifies that a particular address was assigned to a single individual, they may proceed with the original subpoena.

      Their second biggest mistake is claiming (without any evidence) that each file being "pirated" represents a lost sale.

      That is irrelevant to the motion to quash the subpoena. That will be proven or not in the course of the case. For now its sufficient that they claim damage has occured. They don't have to try the case during the discovery phase; trying the case happens later after all the facts have been discovered.

      Their third biggest mistake is that the machine with the IP address, that is associated with the "piracy" is 100% under the conscious, knowing control of the person who is being charged.

      This is also irrelevant. For a subpoena its sufficient that it be assigned to a particular individual. There will be time later to argue whether or not the assigned user was in control of the equipment using that IP address, though this is certainly a worthwhile avenue to explore for the defense.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    11. Re:Hey, I'll reply anyway. by Yetihehe · · Score: 1

      My campus network will be accessible only on login, so theoretically there will be way to identifi person using address. But only inside network, because it is behind nat, so anyone using internet (some 3k people) will have same ip.

      --
      Extreme Programming - Redundant Array of Inexpensive Developers
    12. Re:Hey, I'll reply anyway. by Pofy · · Score: 1, Insightful

      >Yes but you, as a client of some ISP, are responsible
      >of what goes through your internet line.

      Why would you be responsible (for the legal point of view) for what someone else do just because you are a client of some ISP? YOu could be responsible towards the ISP, sure, but not towards anyone else.

    13. Re:Hey, I'll reply anyway. by Wavicle · · Score: 2, Insightful

      This is also irrelevant. For a subpoena its sufficient that it be assigned to a particular individual. There will be time later to argue whether or not the assigned user was in control of the equipment using that IP address, though this is certainly a worthwhile avenue to explore for the defense.

      This is true.

      Unfortunately the Modus Operandi of the RIAA is to send the assigned user a settlement statement to the effect of "pay us $3,000 or we'll sue you." This is what has the community screaming. They are perfectly happy to bully the innocent. Many people, even if they were the victim of mistaken identification, will pay up rather than risk an expensive legal battle. Having done so, the RIAA now has another notch in its belt when it goes to congress to ask for even more draconian legislation.

      --
      Education is a better safeguard of liberty than a standing army.
      Edward Everett (1794 - 1865)
    14. Re:Hey, I'll reply anyway. by colmore · · Score: 1

      "Consumers don't understand how it works." Isn't really a valid legal defense of anything. Ignorance of the law is never an alibi. Furthermore, while only a minority of drivers understand how their car works, all are expected to be responsible for sufficient knowledge of maintenance and operation to be able to operate the vehicle within the law. If the law were to state that due diligence requires that your wireless be safeguarded by some standardized means, ignorance of your hardware wouldn't protect you from breaking that law.

      Of course I'm an anarchist at heart, and I don't really believe that legal arguments such as these translate into moral arguments. You can start with perfectly well-considered laws, and by way of logical extrapolation, arrive at a police state. If a big chunk of your population is violating "property" rights in your society, it's more likely that the definition of property is flawed rather than that you've suddenly spawned millions of otherwise well-meaning criminals.

      --
      In Capitalist America, bank robs you!
    15. Re:Hey, I'll reply anyway. by Nullav · · Score: 1

      Think about the protection an ISP has as a common carrier.
      Too bad they're not considered common carriers (unfortunately).
      --
      I just read Slashdot for the articles.
    16. Re:Hey, I'll reply anyway. by Nullav · · Score: 1

      Not trying to troll, but don't people have to prove something (without a settlement) in order to take several thousand from someone?

      Also, slightly off topic, but isn't it legally required to send a C&D letter before threatening litigation? From what I've read they're apparently just passing out settlement notices like candy. (I'm apparently wrong one one of these, but I'm still rather curious about it.)

      --
      I just read Slashdot for the articles.
    17. Re:Hey, I'll reply anyway. by Jafafa+Hots · · Score: 1

      If someone steals your car and uses it to commit a crime, are you responsible?

      --
      This space available.
    18. Re:Hey, I'll reply anyway. by weicco · · Score: 1

      Don't be childish. Of course not. But if someone steals my car, when I'm sitting at the back seat, to commit a crime, I would have hard time to explain why I wouldn't to be considered part of the crime. Of course you are guilty until proven otherwise, but if there's 1000 hacking attemps coming from your computer I think you have to assure at least your ISP that you have nothing to do with it, maybe the police too.

      --
      You don't know what you don't know.
    19. Re:Hey, I'll reply anyway. by iainl · · Score: 3, Insightful

      "Consumers don't understand how it works" is a perfectly valid defence if you're trying to sue me for what a joyrider got up to in my car after stealing it, and my excuse is that I thought a basic lock would be enough.

      --
      "I Know You Are But What Am I?"
    20. Re:Hey, I'll reply anyway. by Anonymous Coward · · Score: 0

      "They don't have to prove guilt. It's not criminal court."

      That's insane. There are different STANDARDS for guilt, but guilt still must be proven.

    21. Re:Hey, I'll reply anyway. by Anonymous Coward · · Score: 0

      If you parked it outside a bank with the keys in it and the engine running, yes.

    22. Re:Hey, I'll reply anyway. by Anonymous Coward · · Score: 1, Interesting

      Bullshit. The persons whose name shows up on the internet bill is the start of finding out who they can sue.
      For the RIAA mass sweeping program to be cost effective or efficient, it has to make some assumptions. These same assumptions are what people are up in arms about and what most people that actually fight them are raising issues with. Of course the RIAA does not want to actually test these assumptions in a court because it blows apart the whole scam.
      The assumptions are:
      1) A screen shot of IP addresses and file names is 100% proof that you were distributing actual copyrighted material owned by them.
      2) The IP address they see in a P2P list is 100% traceable through the ISP and your ISP is 100% accurate when it supplies a name of that account holder that had that address at the time.
      3) The owner of ISP account of that IP identified in step 2 was the same person that was actually sitting at the computer that had that IP address at that time and was the person actively involved in the alleged copyright violation.

      Now these are not criminal cases so the there has to be a reasonable amount of evidence to show you are the person and you were distributing copyrighted content without permission.

      Here are the problems with those assumptions. Files name are not the copyrighted content they are claiming you distributed. A file name could represent anything and there have been stories about the RIAA promoting or at least knowing about people and companies posting bogus and mislabeled files to P2P networks. A file name is just a name, there is nothing technical that makes the name a representation of the actual content. The ability to present any file with any name to a P2P network is possible by any one in the world. IMO, the RIAA should have to actually download the file from you and you only in a traceable and auditable manner before it can be presented as evidence of an infringement and then the file inspected to ensure it is something they own the copyright on. This would show two things, that your IP address actually distributed a work that they own the copyright to that work. Someone may claim that there are hashes and cross checks built into some P2P clients but are these cross checks built into the client that these sweeping companies hired by the RIAA to look for these things? Is a hash good enough to assume you are actually distributing the file? What if you have a hacked client on your end and are just providing dead links? What if your computer shows the file but when the company attempts to get the file, they get no actual data from your IP address? None of this appears to play a role in the evidence that the RIAA presents.

      I have no real argument for the accuracy of the IP address, I assume timestamps may play a role but who knows.

      Again, the RIAA wants this process to go quick and smooth. If their practices or evidence is put through a test in court, the efficiency of the mass lawsuits drops significantly and the program will be even more of a waste of time for them. They will fight or drop suits that challenge these practices and I think we all know why. Of course the RIAA knows this is on shaky ground as well and my guess is they are milking it out as long as possible until laws can be tailored to make they sweeping more efficient or the government can take over the lawsuits by making these criminal cases. Look Mr Representative, we can not keep up, here is some campaign money, modify the rules for us. I don't know if criminal cases would be better or not, one I think as the laws are now, it would require a lot more solid evidence but those laws could change or an opinion of what "solid" is pertaining to P2P could be redefined.

    23. Re:Hey, I'll reply anyway. by Anonymous Coward · · Score: 0

      Of course you are guilty until proven otherwise, Freudian slip?
    24. Re:Hey, I'll reply anyway. by Calinous · · Score: 3, Interesting

      They don't have to prove guilt without the shadow of a doubt. They just need to prove the most probable guilt.

            But they do need to prove you guilty beyond circumstantial evidence

    25. Re:Hey, I'll reply anyway. by Anonymous Coward · · Score: 0

      That is not being childish. It is NOT automatically your responsibility. If you use my car and get in an accident, I am not automatically responsible for any claims from that accident. There maybe some question of judgement if you were drunk and I knew it, if you have a license, and similar but even those do not automatically role back to me, the registered owner of the car. Car accidents are a little different because they involve both civil and criminal charges. As far as criminal charges, I'd be in the clear. For civil damages case? Who knows but it would take a court and jury to decide. Remember, you can sue anyone for anything, that does not mean you will win anything though. I could sue you because of the emotional stress I suffer because you have a red brick house.

      If you come over my house and call in a bomb threat, I am not responsible either. The call will be most likely tracked back to my house and I definitely will be questioned but without evidence that I was the actual caller, I will not be charged. If I knew about you doing it and when on the stand I claimed no knowledge of it, I could be charged with contempt of court or lying under oath if they could prove via another method that I was lying but I still would not be convicted of calling the threat in just because the phone is in my name.

    26. Re:Hey, I'll reply anyway. by number11 · · Score: 1

      the RIAA should have to actually download the file from you and you only in a traceable and auditable manner before it can be presented as evidence of an infringement and then the file inspected to ensure it is something they own the copyright on.

      They are claiming that they do, and listen to it to ensure that it is infringing.

      Of course, if they do in fact listen to each, they should be able to provide a sworn statement from the person who listened to that particular file. Maybe even make them available for cross-examination. I don't believe they do that, so I don't see any reason to believe that it is true.

    27. Re:Hey, I'll reply anyway. by kennygraham · · Score: 1

      I suppose I don't consider "it's more likely than not" to be "proven".

    28. Re:Hey, I'll reply anyway. by Anonymous Coward · · Score: 0

      I did not know they were claiming that. They actually claim that they downloaded X number of songs from a single IP? I've heard of them suing people for having hundreds of songs. If they actually retrieve all of those specific files from that single IP address and have some accountability to back that up, then I would say they have decent evidence to move forward.

    29. Re:Hey, I'll reply anyway. by westlake · · Score: 1
      The key thing I'm trying to say is that you have to prove guilt. How can they prove it was my computer it could have been a hacked WEP and the only way they'd have access to my router is for them to hack ME.

      In a civil case you do not have to prove "guilt."

      To win you only have to persuade a jury that you have the simpler, more reasonable explanation.

      In discovery, you only have to ask for permission to dig deeper.

      The fundamental problem with the arguments being made here is that the RIAA probably isn't asking a judge to look at a single incident but many. Hundreds. Thousands.

    30. Re:Hey, I'll reply anyway. by utopianfiat · · Score: 1

      Furthermore, even if you can prove the IP address, MAC address, account name, et cetera et cetera all belong to the same person, there's certainly not sufficient evidence to show that they were using their computer at that time, certainly if they were hosting an IRC server they'd have a high potential to being hacked (which a lot of college students do).

      --
      +5, Truth
    31. Re:Hey, I'll reply anyway. by LilBlackDemon · · Score: 1

      It's my understanding that the settlement notice isn't legally binding and acts also as a C&D. It alerts you that you've done something wrong and gives you a clear impetus to stop and revise your means. What I don't understand is how one can actually receive such a statement in a John Doe suit, and therefore know their current standing.

      Also, the only thing that needs to be served is the actual lawsuit. Usually sending a C&D or settlement notice isn't binding, like I mentioned above, but if you revise your ways or otherwise comply and a suit is still filed, the suit can be challenged as being in bad faith (i.e.: you made all the proper actions to avoid such a suit and at this point it's obvious the plaintiff just wants the court date).

      As always, IANAL (but I am going to be going to law school in September, eventually into a consumer-rights position O:-).

    32. Re:Hey, I'll reply anyway. by brassman · · Score: 1

      "What you suggest is unreasonable and probably illegal. WEP is broken to a few minutes, and you can't demand users trash WEP only equipment."

      (mode="devil's advocate") Why not? If "they" can force manufacturers to put chips into DAT drives, and tell consumers that their perfectly fine analog OTA televisions are about to become paperweights, what's so hard about having a big WEP-router bonfire on the sidewalk in front of City Hall? (/mode)

      Common sense left the debate several years ago, when that judge ruled that even though you could prove that you had physical possession of a CD, you still were not allowed to check out a copy from an online library. That was the day I lost all sympathy for the *AA position.

      --
      "Ain't no right way to do a wrong thing."
    33. Re:Hey, I'll reply anyway. by weicco · · Score: 1

      Heh. Well, english isn't my first language :)

      --
      You don't know what you don't know.
    34. Re:Hey, I'll reply anyway. by Danse · · Score: 1

      Ignorance of the law is never an alibi. First of all, it isn't the law right now. Second, we're not talking about ignorance of the law, but ignorance of technology, which is something that the courts share with most people. Third, most consumer-level devices aren't even capable of the kind of security you're talking about. So your ideas here are completely unworkable in the near to mid term. I'm not really sure that they're desirable either, as they would probably be expensive and further erode people's privacy.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    35. Re:Hey, I'll reply anyway. by MightyMartian · · Score: 1

      Indeed. In many cases, the only way to learn what computer was involved would be to get router logs, and that means the user has to own a router that even keeps logs.

      The whole thing could be trivially falsified by anyone with a first year in any college degree involving networking. If things were as easy as RIAA and its crappy little shill said, we would have got rid of a lot major security woes a looooong time ago. The fact is that what RIAA is actually claiming as an identification method is utterly unreliable. I can't imagine how such a method could ever stand up in court, but then again, judges don't have the expertise in most cases to understand the nature and flaws of packet routing.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    36. Re:Hey, I'll reply anyway. by druxton · · Score: 1

      In Canada, if someone steals your firearm and you haven't met certain storage requirements you can be charged with a crime (although I don't think you can be held responsible for the crime they commit with it).

    37. Re:Hey, I'll reply anyway. by MoHaG · · Score: 1

      My campus network will be accessible only on login, so theoretically there will be way to identifi person using address. But only inside network, because it is behind nat, so anyone using internet (some 3k people) will have same ip. However, I'm sure not everyone l;ogs out when they leave their computers and that they might have installed software that redirects connections... (Such as proxy server, tor, port forwarding, etc...)
  14. Re:Gee, what does this person expect to hear? by Actually,+I+do+RTFA · · Score: 2, Funny

    The person is NewYorkCountryLawyer. Therefore, I think he expects people who think the RIAA's tactics are horrible to give him technical arguements he may use.

    Now, given the prevaling sttitude on slashdot about the compensation accorded all intellectual property, I don't think I'm alone in saying my technical expertise is for sale only. Please paypal $$ to my account for me to comment on this story.

    --
    Your ad here. Ask me how!
  15. Know your audience by Anonymous Coward · · Score: 1

    WTF 'John Doe,' 'John Does.' 'science.'
    Put the punctuations *outside* of the quotations, this is a programmer website for Turing's sake.

    1. Re:Know your audience by H_Fisher · · Score: 1
      Actually, that's correct usage - at least in the U.S.

      Check any guide that lists Modern Language Association (MLA) style for written English, which is the set of guidelines for formal writing that a large percentage of humanities students in the United States (supposedly) are taught in high school and college.

      Of course, this is a programmers' website, so YMMV. ;-)

    2. Re:Know your audience by Anonymous Coward · · Score: 0

      Right, and in the programming world you don't include a period inside of a quoted string unless it is really supposed to be part of the quoted string. An "end of statement" token usually doesn't belong inside of the quotes. If it does, you still need one *outside* the quotes to properly end the statement. That would look really weird in english.

      For example:

      In support of its ex parte, 'John Doe,', ....

    3. Re:Know your audience by Punko · · Score: 0

      Actually, that's correct usage - at least in the U.S.

      If they can't spell honour correctly, why should I trust "them" ?

      --
      If only we could fall into a woman's arms without falling into her hands
    4. Re:Know your audience by moderatorrater · · Score: 1

      Because if you don't...*fist shaking*

    5. Re:Know your audience by KingKiki217 · · Score: 1

      While you are correct, what he means is that putting punctuation inside the quotes, like 'John Does,' makes it seem like the comma is a part of the string literal, and not a part of the syntax of the sentence.

    6. Re:Know your audience by djasbestos · · Score: 1

      While syntactically correct in other contexts, it is not appropriate in this one. Punctuation should only appear inside quotation marks when quoting a speaking person, whose sentence (with terminators like commas and periods) is the subject of quotation. Reference to a name or song title or other distinct entity (as opposed to a statement by that entity) does not include quotation, unless the punctuation mark is part of it (such as "P.R.E.S.S." by Atari Teenage Riot).

      So basically, spell check might allow it, but we all know THAT isn't perfect, as it is not aware of semantics or context...it's probably just matching a regex somewhere.

  16. Freakin' PDFs by Actually,+I+do+RTFA · · Score: 0, Redundant

    PDFs ruined the web. They eat up 800% of my system resources, and my machine can even run Vista without a problem!

    --
    Your ad here. Ask me how!
    1. Re:Freakin' PDFs by mythar · · Score: 1

      try this.

      some of the comments are interesting, too.

    2. Re:Freakin' PDFs by Actually,+I+do+RTFA · · Score: 1

      Thank you sir. I had been hoping for both +5 Funny and someone to point me in the direction of a good PDF reader. I suppose getting 1/2 of what you want is good enough.

      --
      Your ad here. Ask me how!
  17. Inaccurate statements by Sparr0 · · Score: 4, Insightful

    In point 12, an IP network is compared to the phone network, and it is stated that only one computer can use each [implied: visible] IP at a time. Given the prevalence of NAT, this is not only technically untrue but also quite reliably false.

    In point 12, it is stated that an ISP or college can identify the user of an IP address. This is untrue as the "user" could be no more than a MAC address, which can change. And even if true, the context seems to imply that this remains true in hindsight, which is false unless logs are kept.

    Point 15 states that human review is involved in the case of EACH infringer, which is blatantly untrue given the history of automated (and wrong) cease and desist letters.

    1. Re:Inaccurate statements by Anonymous Coward · · Score: 0

      In point 12, it is stated that an ISP or college can identify the user of an IP address. This is untrue as the "user" could be no more than a MAC address, which can change. And even if true, the context seems to imply that this remains true in hindsight, which is false unless logs are kept.

      This is a great point -- I'm surprised that it didn't occur to me before, so I'm going to reiterate it and attempt to explain its significance. An IP address is assigned to a MAC address, but MAC addresses can be easily spoofed as well. I do not believe it would be out of the question for any smart sophomore in a Comp. Sci. program to spoof the MAC address of anyone on the same network segment, meaning he or she could be impersonating anyone else using the same wireless access point. (The kids are all using Wi-Fi these days, you know =)

      This, of course, makes such an IP address identification from a university network administration even less reliable than it might be from a commercial ISP. At least an ISP is running a large, switched network that won't (or shouldn't) allow you to sniff your neighbor's MAC address. That means that you have at least a reasonable degree of confidence that a given IP address actually belongs to some device near the household indicated in the logs.

      But any computer on a wireless LAN (for example, at a university campus) can steal the IP address of another machine nearby, when that original machine goes off-line even just temporarily. So these IP address logs are about as reliable than those of a third-rate ISP (unless the university uses some more sophisticated authentication mechanism like RADIUS on top).

    2. Re:Inaccurate statements by MechaBlue · · Score: 5, Insightful

      The last sentence of point 7 is false. In the days before Napster, a variety of other means were used. One was to submit a list of files to a centralized search engine, which would allow users to find materials on the computers of others. Modern P2P programs provide substantial improvements around usability and performance; however, the functionality that they provide was available and in common use pre-P2P boom.

      Item 8 states that the majority of the traffic on P2P is pirated material and also implies that the "vast majority" of content shared via P2P is pirated audio. Is there data to back this up? I suspect that video, photos, and programs (e.g., games) makes up a large amount of illegal P2P traffic. It feels like a rhetorical device used to paint the RIAA as a tragic victim.

      Item 9 is incorrect. The ISP can not know who the infringers are. They can only know whose account is attached to that IP number. NAT routers are a possible workaround. Also, some services allow for multiple simultaneous IP addresses. For example, Telus requires that visible MAC addresses be registered.

      By registering 2 MAC addresses, Telus will let users have two IPs at once. If Alan has a single NAT router connected, that leaves 1 free registration slot. If Bob, someone completely unknown to Alan, were to get the username and password for Alan's account, it would be possible for Bob to register his NAT router to Alan's account. If Alan only uses 1 device (i.e., 1 IP), there is a good chance that he'll never discover that Bob was piggybacking his account. If Alan needs the second IP, then he'll probably overwrite Bob's MAC without noticing there is a problem. Even if Alan notes that there is a problem, it's unlikely the MAC address could be traced to Bob because Bob could change the MAC address on his device and because of the difficulties of tracking the MAC address of a device from manufacturer to end user.

      Item 9 also feels like a rhetorical device used to paint the RIAA as a tragic victim. The scope and value of piracy is hotly debated. http://arstechnica.com/news.ars/post/20070212-8813 .html

      Item 11 implies that searching is sufficient to tell if a file is a copyrighted song. This is not always the case; unless the file is downloaded, its contents can not be known. I think that "examines" needs to be rigorously defined. (This ties in with the parent's comments on item 15.)

      Item 12 assumes that computers are single user. This is not the case with most modern OSes. It would be possible for someone to log into an unsecured computer and use it for sharing files over P2P. The IP of the computer used to share via P2P may be known but the user can not be. It also assumes that the computer has not been compromised via malware.

      Item 14 states that files are downloaded. However, it does not provide any methodology for determining if the files contain copyrighted audio. Metadata can be falsified. How are logs created and handled? Are they screenshots? (This ties in with the parent's comments on item 15 again.)

      Item 16 states that "...the infringer's ISP quickly and easily can identify the computer from which the infringement occured...". It may be able to provide an IP address but that's not a sure thing (there have been past incidents where the wrong person was identified). They definitely can't prove that a MAC address belongs to a computer that is owned and controlled by the identified account holder. The MAC address is configurable. It's not possible for an IP address alone to be capable of identifying a computer, even if the IP is static.

      Adam decides to open his own business selling socks online and decides to house the server in his home. He upgrades his account to a server account with 1 static IP and sets up his business on that IP. After 3 months with no sales, Adam packs it in and downgrades his account after downloading the complete discography of NKOTB

    3. Re:Inaccurate statements by arth1 · · Score: 3, Interesting

      Also, further to point 11. The copyrights are for the particular performance. There may be many performances of one work, even by the same artist, and the copyrights held by different people. I have downloaded songs directly from an artist's site, where the song also exists on RIAA labels. A search matching the artist and title won't prove that it was a performance their clients hold copyrights to. They may not even know whether other copies exist, who holds the copyright to them, and what the distribution rights are. And if they do, they're showing willful neglect if they prosecute without establishing and documenting this first!

    4. Re:Inaccurate statements by bzipitidoo · · Score: 2, Insightful

      Pretty much every sentence in that Linares document has problems. As it's late, I'll pick on just one:

      6. "... millions of people illegally use online media distribution systems to upload or dowload copyrighted material."

      Let's see... "media", means what? Audio and video data? Which can be hard or impossible to tell from any other sort of data. No, none of these "distribution systems" do have or can have an inherent specialization in "media". They just move data. Such specialization that they might have might be something like only handling certain file name extensions such as .mp3, and that's trivially easy to work around. And besides such measures weren't meant to enforce any specialization, just make it easier for users to indulge in specialization if they choose.

      And look where that word "illegally" was used. Using an "online data distribution system", such as the Internet, is not illegal. That word should have been applied to the phrase about copyrighted material, not the phrase about distribution systems.

      Next, since when should downloading be illegal? Uploading, perhaps. But downloading?! No one can know before they have an opportunity to examine data whether someone's copyright has been infringed. Even after an opportunity to examine the data, one can't always be certain. Sometimes "media" is released under a permissive copyright that does allow (gasp!) downloading. And also, too rare though it is, copyrights have been known to expire. I feel downloading is an important point. Otherwise entrapment would be way too easy. If downloading is really illegal then anyone, such as anonymous Youtube contributors, Internet radio stations, anonymous Usenet posters, web site designers, or the RIAA themselves could offer up copyrighted material on the sly, and then any sucker who so much as visits a web site (and thus downloads a page which could contain some audio or video) could be in trouble with the RIAA because those downloaders should've known beforehand those were copyrighted works!

      So there you have it. At least 3 problems in that 1 sentence. The rest of the document is of similar quality. The defect rate of those lines is so high these guys could never pass even a high school BASIC programming class. None of their stuff would even compile let alone run.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    5. Re:Inaccurate statements by NewYorkCountryLawyer · · Score: 1

      Thanks very much, MechaBlue.

      --
      Ray Beckerman +5 Insightful
    6. Re:Inaccurate statements by kwandar · · Score: 1

      I wish I had mod points to mod this comment up, MechaBlue

    7. Re:Inaccurate statements by kwandar · · Score: 1

      I'm not sure if this helps, but to add to this comment, I'd point out that what may be illegal in the US, may not be illegal in other countries. They can keep trying to say uploading and downloading is copyright infringement in Canada for instance, but downloading clearly isn't under the Copyright Act, and uploading would be copyright infringement ONLY if it is "distribution".

      "The Court denied the order based in part on its opinion that file sharing did not infringe Canadian copyright laws. It held that downloading a song for personal use was not an infringement because private copying sections of the Copyright Act expressly permitted the making of such copies. Furthermore, the Court found that simply placing those copies onto shared directories, which other computer users could access through a P2P service, did not amount to authorizing infringement. There was no evidence that these individuals took any positive step to facilitate further distribution of the copies, such as sending out further copies or advertising that the files were available for copying. Relying on the recent Supreme Court of Canada decision in CCH v. The Law Society of Upper Canada, the Federal Court found that merely providing facilities for copying (i.e. the shared directories) did not amount to an authorization to make infringing copies any more than providing a photocopier, which could be used to make illegal copies, was an authorization to infringe in the Law Society case."

      On appeal, while the court found lower court should not have commented on the infringement issue, but that doesn't make the comments in the least inaccurate.

      I'm quite sure Canada isn't the only country where file sharing is legal or where the issue hasn't been decided.

    8. Re:Inaccurate statements by Sancho · · Score: 2, Informative

      By registering 2 MAC addresses, Telus will let users have two IPs at once. ... If Bob, someone completely unknown to Alan, were to get the username and password for Alan's account, it would be possible for Bob to register his NAT router to Alan's account. This is a highly fringe case, and Telus isn't even in the US (as far as I know). Most people will be tied to a wire, but in the case of a wireless ISP in the US where multiple devices are allowed and the user let slip his username and password, it certainly would be an issue.

      If the ISP receives the subpoena with only an IP and responds with the account info for the current holder, then Bob takes it in the shorts for Adam's actions. This never happens. We receive notifications from the MPAA and RIAA on a daily basis. They always include a date and timestamp. Regardless, if one happened to omit it, the subpoena would be invalid. This is a strawman argument.

      If Mark starts poking around at 21:32, downloads the files and disconnects at 21:45, finishes the paperwork at 21:59 and timestampts it when he finished the paperwork, it's possible that the IP address would have been reassigned to a different user in the intervening 14 mintues. My understanding is that the software handles all of this, and what goes on the paperwork is the time that the software reports. I can't find the link that originally conveyed this, however. Human error is certainly a possibility, but does that somehow remove the legal rights of the copyright holder? Ostensibly, this is why an investigation occurs at all, and why creating images of the alleged infringer's hard drive is necessary.

      As for clock accuracy, that's such a border case as to be almost irrelevant. My suspicion (based solely on my own experience with the DHCP logs and these types of requests) is that they watch for several minutes to see that the files remain attached to that IP address. I've never seen a request that was less than 10 minutes from the beginning or end of a DHCP lease, and they're almost always in the middle of a multi-day string of renewals by the same user.

      You have a lot of really valid points, but you've muddied the waters with spots of pedantry.

      You also left out (or I missed it in your write-up) IP address spoofing as a flaw. It's rare, but it happens. Probably more often on campus networks or corporate networks than on cable or DSL, where the modem itself limits spoofing quite a bit.
    9. Re:Inaccurate statements by click2005 · · Score: 1

      Item 12 assumes that computers are single user. This is not the case with most modern OSes. It would be possible for someone to log into an unsecured computer and use it for sharing files over P2P. The IP of the computer used to share via P2P may be known but the user can not be. It also assumes that the computer has not been compromised via malware.

      The computer might even be secured. All you need is for the PC to be bootable from removable media. Insert an Ubuntu LiveCD (or any other OS that boots off removable media), reboot the PC, do your stuff, reboot again back into the installed OS.

      Or.. if the person uses DHCP.. disconnect the PC from the internet, connect it to a laptop running a DHCP server. Grab the MAC address. Change the MAC address on the laptop to match the original PC's MAC then plug it into the internet.

      --
      I am a free slashdotter. I will not be modded, blogged, DRM'd, patented, podcasted or RFID'd. My life is my own.
    10. Re:Inaccurate statements by MechaBlue · · Score: 1

      You also left out (or I missed it in your write-up) IP address spoofing as a flaw. It's rare, but it happens. Probably more often on campus networks or corporate networks than on cable or DSL, where the modem itself limits spoofing quite a bit.

      An excellent point and very important for this case.

      You have a lot of really valid points, but you've muddied the waters with spots of pedantry.

      The devil is in the details. The points that I bring up are not based on what the RIAA does, as I don't know their exact methodology. Rather, they are based on the declaration of Carlos Linares and my imperfect understanding of the ISP involved in this case and my imperfect understanding of Telus' practices (I'm a Telus DSL subscriber). Some of the flaws in my post are due to my limited understanding and many are due to errors or omissions in the declaration.

      Pedantic does not mean incorrect. Corner cases are not as likely to apply as general cases but it needs to be determined if the corner cases apply, especially if the corner case could have a major impact on the outcome.

      If the ISP receives the subpoena with only an IP and responds with the account info for the current holder, then Bob takes it in the shorts for Adam's actions.

      This never happens. We receive notifications from the MPAA and RIAA on a daily basis. They always include a date and timestamp. Regardless, if one happened to omit it, the subpoena would be invalid. This is a strawman argument.

      From item 16 of the declaration: "In some instance, providing the IP address alone to the ISP has been enough to enable the ISP to identify the infringer." You may never have seen a subpoena without a date and timestamp; however, Carlos Linares has gone on record strongly implying that such does happen. Also, "The RIAA typically has included... a date and time...". Note the use of the weasel word "typically". Even the RIAA isn't willing to claim that this never happens.

      As for clock accuracy, that's such a border case as to be almost irrelevant. My suspicion (based solely on my own experience with the DHCP logs and these types of requests) is that they watch for several minutes to see that the files remain attached to that IP address. I've never seen a request that was less than 10 minutes from the beginning or end of a DHCP lease, and they're almost always in the middle of a multi-day string of renewals by the same user.

      Can time-based information be considered reliable, especially if there is only a 10 minute allowance for error?

      I've had computers that would gain or lose 5 minutes per month unless they had a SNTP client installed. This is potential source of error that could lead to the misidentification of a subscriber. Is there any guarantee that the ISP logger and the MediaSentry computers were both reasonably accurate? Is there third-party verification (e.g., a certificate of calibration)?

      The changes to daylight savings are another potential source of inaccuracy. The investigating computer and the logger would both need DLS patches installed. AFAIK, there was no official DLS patch for Win2k and I could see some ISPs having one tucked away in the back corner, quietly logging, forgotten, until data was needed from it.

      A server restart (due to a power failure or somesuch) may result in the time being reset. Can it be reasonably guaranteed that this didn't happen?

      If Mark starts poking around at 21:32, downloads the files and disconnects at 21:45, finishes the paperwork at 21:59 and timestampts it when he finished the paperwork, it's possible that the IP address would have been reassigned to a different user in the intervening 14 mintues.

      My understanding is that the software handles all of this, and what goes on the paperwork is the time that the software reports.

    11. Re:Inaccurate statements by jimbogun · · Score: 1

      Just adding my two cents.

      9. Just because people download illegal songs, does not mean that people would pay for those songs if they didn't have access to pirating.

      12. Has he never heard of DHCP or NAT?

      13. Couldn't Media Sentry be seen as entrapment? It downloads copyrighted works from people, that if Media Sentry wasn't there, might not have been downloaded at all.

      What additional data tracks the movement of these files through the Internet? Does Media Sentry put watermarks in the files that they inject into the P2P stream, which files wouldn't be in the P2P network if the Media Sentry hadn't put there?

      15. What other evidence is collected by MediaSentry? Is this exculpatory evidence? Can it prove that the file passed started with MediaSentry, and wouldn't have been in the P2P stream if it wasn't for MediaSentry?

      16. How do you go from IP to computer if they are behind a router using NAT?

      21. Taking one P2P user out of the loop doesn't remove the files from the P2P network. The files are still being shared by other users. The copyright owner is still economically harmed.

    12. Re:Inaccurate statements by Merk · · Score: 1

      Point 8 says "The major record companies have generally not authorized their copyrighted sound recordings to be copied in unsecured formats by means of P2P networks. Thus, the vast majority of content that is copied and distributed on P2P networks is unauthorized by the copyright owner -- that is, the distribution violates the copyright laws."

      For sentence B to be a logical result of sentence A, the following must also be true:

      • the vast majority of P2P traffic must be sound recordings
      • the vast majority of sound recordings distributed on P2P networks must be sound recordings for which a major record company holds the copyright
      • the vast majority of sound recordings distributed via P2P networks must be in an unsecured format
      • the vast majority of sound recordings distributed via P2P networks must be unauthorized for distribution this way by their copyright holders

      I doubt even the first point is true. My guess is that movies take the majority of the bandwidth, and music recordings are less.

    13. Re:Inaccurate statements by Sancho · · Score: 1
      Valid points, and I'm aware of the definition of pedantic :) The problem is that civil cases are based upon a preponderance of the evidence, and because of that, corner cases aren't likely to be an issue (as you state.) When they are issues, the court gets presented with this information and makes an informed decision. Otherwise, courts would largely be unnecessary.

      Certainly, the PDF is strongly worded. To be perfectly accurate, absolute words such as "always" and "never" should be avoided, however the exaggerations made in the PDF are slight. I'll address some of the finer points below:

      From item 16 of the declaration: "In some instance, providing the IP address alone to the ISP has been enough to enable the ISP to identify the infringer." You may never have seen a subpoena without a date and timestamp; however, Carlos Linares has gone on record strongly implying that such does happen. Also, "The RIAA typically has included... a date and time...". Note the use of the weasel word "typically". Even the RIAA isn't willing to claim that this never happens. I missed that in the document somehow. It's rather unfortunate, and I guess it means that we've been fairly lucky. I may have been mistaken on the date being a requirement--though the rules are vague enough that it could be interpreted that way. Since the law requires "sufficient evidence to identify the infringing works", I would argue that the date is absolutely required for transient IP addresses.

      Can time-based information be considered reliable, especially if there is only a 10 minute allowance for error? The example I cited was, itself, an edge case. Is it reliable? That is for the court to decide.
      The same answer applies to your other positions on time. Can the DST change affect results? Of course. Does the RIAA have anything else to go on? Not really. It's certainly a chink in the armor of their argument, and a place when searching for flaws in their methods, but it's not (and shouldn't be) a guaranteed "get out of court free" card for the defendant.

      Is 10 minutes enough room for error? Did this particular case have 10 or more minutes? Does the methodology support 10 minutes of error? It's also an issue of protocol. With Gnutella, I believe that search results may be cached for longer than 10 minutes. I'm not sure about BitTorrent trackers. But it's impossible to begin an investigation without knowing who the alleged infringer is.

      The plaintiff needs to reasonably prove that the defendent is guilty before confiscating hardware, especially if the loss of hardware causes hardship. You're asking for something that's impossible. If they could prove guilt, they wouldn't need to confiscate the hardware. They're trying to gather proof, and they're using the best information they have.

      Look at it this way. If the RIAA (or an agent thereof) logs on to a filesharing network and finds infringing content, what information do they have? They have an IP address, the network name, a filename, and possibly a URL. It would be reasonable to require that they download the file and verify that it is infringing, however current law does not seem to require this (what exactly constitutes a "good faith belief" that the work is infringing?), and I'm not sure that it's been challenged in court. With only that to go on, how does one prove that the defendant is guilty? Some of the statements you are making seem to imply (rightly) that this isn't enough to prove guilt. But really, it's all you can get from a single infringement. Multiple infringements by the same person would certainly make for a stronger case, but to get that, they need the name (and hopefully more identifying information, as there are many Joe Smiths in the country.) Even without multiple infringements, the company should have a reasonable right to protect their copyrights, and the individual should have a reasonable right to privacy (though there may not be a law requiring that the ISP respect this right), so what's the solution?

      It's certainly not a simple situation.
    14. Re:Inaccurate statements by Merk · · Score: 1

      Point 9:

      The RIAA member companies lose significant revenues...

      Do they really? What fraction of songs acquired via P2P would otherwise have been purchased had the P2P option not been available? How does that compare to the increased revenue from people who sample via P2P and then decide to purchase?

    15. Re:Inaccurate statements by Merk · · Score: 1

      Point 15.

      The RIAA also listens to the downloaded music files from these users in order to confirm that they are, indeed, illegal copies of sound recordings whose copyrights are owned by RIAA members.

      Are the people who make these judgements qualified to do so? Can they distinguish a cover band from the original in all cases? What degree of certainty do they have that what they've heard is indeed a copyrighted work, where the RIAA member company holds the copyright? Do they listen to the entire song, or just a section? Do they listen to it more than once to confirm their suspicion? Do other people confirm it? Do they do any kind of statistical / musical analysis to confirm that the song is indeed a perfect match?

    16. Re:Inaccurate statements by Stinky+Cheese+Man · · Score: 1

      ...the infringer's ISP quickly and easily can identify the computer from which the infringement occurred...

      There is another weakness in this statement that I have not yet seen mentioned...

      I have an account with my ISP where I am allocated a range of "fixed IP addresses". In other words, there are a number of IP addresses that are permanently assigned to me. This is opposed to "dynamic IP addresses" where a user is assigned a different IP address every time they log in.

      However, the way that my ISP's network is configured, I am able to take any unused IP address on their network for myself, simply by making a minor change in my computer's network configuration. For example, say that I am assigned fixed IP addresses 101.1.1.10 through 101.1.1.20. I can just reconfigure my computer to be IP address 101.1.1.50, and if this address is not currently being used by someone else, I can get it for myself. Similarly, someone else could take one of my assigned IP addresses if it is not currently in use.

      Any internet connection coming from one of my assigned IP addresses would be assumed by my ISP (and by the RIAA) to be coming from me. But it is almost trivial for someone else on my ISP's network to hijack any of these addresses (if they are not currently in use). Someone could hijack one of my assigned IP addresses, and any illegal activity that they do would be traced to me.

      I don't know how widespread this vulnerability is, but it does cast doubt on the generally unquestioned assumption that a specified IP address can be infallibly linked to a particular individual.

    17. Re:Inaccurate statements by Merk · · Score: 1

      Point 19.

      For any calculation of economic damage, there must be a distinction made between files made available, and files actually transmitted. A particular user may offer thousands of MP3 files, but may never once have transmitted any. If the only person the RIAA can prove downloaded these files is MediaSentry, there are actually no economic damages done to the plaintiffs because no unauthorized end-users downloaded any copyrighted files.

      Point 21.

      Once again, to claim economic damage, the burden is on the plaintiffs to prove that the net economic impact of files being shared is harmful rather than beneficial. Not every file shared is a lost sale. Sometimes the end-user would never have bought the file if they had no option to download it, in addition, sometimes file sharing promotes awareness of the song and artist and ends up increasing purchases.

      Point 22.

      If sound recordings haven't been released publicly, how does the file-sharing general public get them?

    18. Re:Inaccurate statements by cswiger · · Score: 1

      However, the way that my ISP's network is configured, I am able to take any unused IP address on their network for myself, simply by making a minor change in my computer's network configuration. For example, say that I am assigned fixed IP addresses 101.1.1.10 through 101.1.1.20. I can just reconfigure my computer to be IP address 101.1.1.50, and if this address is not currently being used by someone else, I can get it for myself. Similarly, someone else could take one of my assigned IP addresses if it is not currently in use.

      This is a good thing to notice and be aware of, but it is fairly normal for ISPs to not put a firewall in place between business-class service at the colo level to verify source addresses and filter out spoofed traffic from other netblocks owned by that ISP.

      The trick for this to be useable for anything beyond a mildly cloaked DoS is that you either have to use source routing so that the answers come back to you, or you have to be close enough to the subnet being spoofed that you can fiddle with the router which sends it to that subnet or to yours.

      Think of ARP spoofing, think of using ICMP router redirects, think of RIP or BGP advertisements, think of spoofing a VLAN header and waving the magic wand at the switch and claim that your connection is really a trunk port (and then repeat with the ARP spoofing :-).

      (hums a banal Woody Guthrie tune)
      "This route is YOUR route, this route is MY route, this route is OUR route..."

      In Cisco ISO-speak, to do such checking is called "Reverse Path Forwarding". See RFCs 1812 and 2267 and perhaps you can give your ISP a security clue, or take advantage of the opportunities to experiment, depending. :-)

      http://www.cisco.com/univercd/cc/td/doc/product/so ftware/ios111/cc111/uni_rpf.htm

      --
      "The human race's favorite method for being in control of the facts is to ignore them." -Celia Green
    19. Re:Inaccurate statements by jonbryce · · Score: 1

      Also, I think I'm right in saying that if I access the internet through my cell phone using WAP, I share the IP address with every other customer on my provider's network. Of course, I'm unlikely to start sharing music that way, it is way too slow, and at £2.35/MB way to expensive.

  18. Re:Gee, what does this person expect to hear? by poopdeville · · Score: 0

    Yes. How about me? My karma took a nose dive over the weekend.

    --
    After all, I am strangely colored.
  19. Stupid question time... by HotNeedleOfInquiry · · Score: 1

    I don't see EMI on the list. Are they there under a different name? Or do they deserve our business because they *don't* belong to the pigopolists?

    --
    "Eve of Destruction", it's not just for old hippies anymore...
    1. Re:Stupid question time... by fohat · · Score: 2, Informative

      According to the wikipedia, EMI is part of the BPI (Britains version of RIAA)

      However so are some of the companies that are also part of the RIAA...

      --
      Is there heaven? Is there Hell? Is that a Tuna Melt I smell?-Primus
    2. Re:Stupid question time... by dosius · · Score: 2, Informative

      They're there as Capitol Records.

      -uso.

      --
      What you hear in the ear, preach from the rooftop Matthew 10.27b
    3. Re:Stupid question time... by Alter_Fritz · · Score: 1

      at least Capitol is EMI.

      So just because you don't see "EMI" itself on the list does not mean Mr. "Nice Guy DRM free downloads" is any better then the others.
      It might be only PR if one or 2 names aren't mentioned in some cases.
      In the end, it's always only the "Big Four"

      http://en.wikipedia.org/wiki/List_of_EMI_labels

  20. Purging logs? by pathological+liar · · Score: 1

    Reading through this, I stalled for a second on section 12, specifically the bit about how an IP is a uniquely identifying number. What about NATed connections, gateways, proxy servers, open routers, compromised or otherwise hijacked machines? I'm a professional sysadmin but my router at home is using WEP, and I sure as hell don't monitor what's happening with it. I wouldn't expect any more from an average user.

    It's somewhat comforting to know that someone actually LISTENS to the files that they download though, rather than the good old fashioned "you were listing a file with the word 'madonna' in it, your ass is ours."

    Section 24 is interesting too, about how the expedited discovery is key because ISPs might purge logs before they get a chance to respond. Why is that an issue? I'm no lawyer, but I would assume that destroying documents that are the subject of a discovery motion would be... uh... frowned upon by judges.

    1. Re:Purging logs? by The+Rizz · · Score: 1

      Section 24 is interesting too, about how the expedited discovery is key because ISPs might purge logs before they get a chance to respond. Why is that an issue? I'm no lawyer, but I would assume that destroying documents that are the subject of a discovery motion would be... uh... frowned upon by judges. But what if the logs were deleted on a regular basis after a set period of time? In that case, if the discovery motion was given to the ISP after said period of time, there are no logs remaining. When they were destroyed they were not yet being requested, so there is no crime (unless that deletion itself was against some other, such as one requiring records to be kept for X time).

      As much as I am loathe to admit it, they do have a point on this one ... however, the expedited discovery motion needs to be balanced against privacy and other legal concerns. (NYCL or another lawyer can probably shed more light on the details and applicable laws here - IANAL.)
    2. Re:Purging logs? by NewYorkCountryLawyer · · Score: 1

      Thanks, pathologoical.

      --
      Ray Beckerman +5 Insightful
  21. Re:Provable ID problem by Technician · · Score: 3, Insightful

    The fact that you can trace activity to an IP address does not mean you can trace activity to an actual real person.

    That is the blaring hole in the arguement in the PDF on Paragraph 12 where they compare IP addresses to telephone numbers. They claim that phones sharing one line are like a party line. Only one can make a call from one number at a time. They missed entirely using ports on a router so multiple users behind a router can make a call all at once from the same phone number. The number does not identify the individual any more than call from the political campaign center identifies the individual making the call. You may try to call them back and sue the individual for harrassment, but identifying the individual by the phone number is a problem.

    His declaration under penalty of purgery under the laws of the United States that the foregoing are true and correct should have had peer review so they would indeed be true and correct. They are not and is easly proven so. The following is easly proven. Not all IP address have a direct connected single user computer just like not all phone numbers are to a single person renting an apartment. Enter routers and trunked/ISDN lines and his example falls apart. He should be careful what he signs as true and correct. It could cost him.

    --
    The truth shall set you free!
  22. Ok, let's break it down. by spotter · · Score: 4, Insightful

    IANAL or a law student, just a future CS phd (hopefully RSN).

    1) First Linares acknowledges that a route can have an IP address, then he says "Two computers cannot effectivly function if they are connected to the Internet with the same IP address".

    This is not true. i.e. routers and NAT. Multiple Computers can have the same effective IP address to the internet. While they can track it down to the NAT device, they cant go further.

    2) They assume the network provider maintains a log of IP addresses. This is not a given. A Good guess perhaps, but not a fact.

    3) While its good practice that they download files and humanly verify the contents, the list of files can't be verified to be all infringing content. Unless they actually downloaded said file themselves, its an assumption that the file is named/labeled correctly. He says this later when he says that it only "suggests" that there were many copyright files. (Not being a lawyer, don't know the implication).

    4) They claim an ISP can identify the computer being used. This is inaccurate. They can identify the customer, but most customers are behind routers (aka NAT) so they have no ability to identify which computer.

    5) They claim expedited discovery is "critical" to stopping piracy. I can't believe they believe that expiding discovery will have any dent on piracy.

    6) They claim that infringment of non public works greatly harms it when released, I believe there's evidence to the contrary (i.e. widely distributed albums have debuted at number 1 or other times higher then anyone expected).

    7) unsure why expidited discovery impacts if they can serve defendants. If it happens quickly or over a long period of time, what difference does it make?

    8) They now claim ISPs destroy logs, but if discovery is going on, are they allowed to?

    1. Re:Ok, let's break it down. by Anonymous Coward · · Score: 0

      "3) While its good practice that they download files and humanly verify the contents, the list of files can't be verified to be all infringing content. Unless they actually downloaded said file themselves, its an assumption that the file is named/labeled correctly. He says this later when he says that it only "suggests" that there were many copyright files. (Not being a lawyer, don't know the implication)."

      They said very clearly that they do verify several files. At 150k damages a pop there isnt really much reason to verify by hand that more than a couple are infringing.

    2. Re:Ok, let's break it down. by spotter · · Score: 1

      I agree, but they also indicate that they consider all the files they have listed as potential damages. It goes towards the fact that this statement might not be made in good faith.

    3. Re:Ok, let's break it down. by mjjw · · Score: 1

      Additionaly - I have previously been connected behind NAT to my ISP when they had a problem with some equipment and were unable to use all of their allocated ISP addresses.

      Also the fact that the alledged activities were happening at a certain IP adress is no proof of anything. That machine could be running a proxy service or a port redirection service - possibly unknowingly due being compromised by a worm or virus.

      --
      If you aren't far left by the age of 18 you have no heart. If you aren't far right by 30 you have no brain.
    4. Re:Ok, let's break it down. by NewYorkCountryLawyer · · Score: 1

      Thanks, mjjw.

      --
      Ray Beckerman +5 Insightful
    5. Re:Ok, let's break it down. by NewYorkCountryLawyer · · Score: 1

      Good points.

      --
      Ray Beckerman +5 Insightful
    6. Re:Ok, let's break it down. by L7_ · · Score: 1

      They also have to show that if they have hundreds of infringing files, then how long would it take to download them all? meaning, assuming they get X kb/second how long would it take to download all of the files from the sharer in question? they should also specify when they considered all the files, what thier average download speed is. if it sucks, then for large collections, it could take *lifetimes* for the RIAA to download all of the infringing material. Lifetimes!

      You just need to get the average download speed of thier connections, which should be in the logs of thier download verification for all of the music that they are claiming is infringing. then see how long it took them to verify the subset, then do the calculation.

  23. Re:Gee, what does this person expect to hear? by Omnifarious · · Score: 1, Offtopic

    I'm basically trying to make the point that coming here and asking about the technical merits of a technique RIAA uses to identify its victims is almost as bad as going into a fundamentalist Christian forum and asking them what they think of evolution.

  24. Re:Gee, what does this person expect to hear? by Anonymous Coward · · Score: 3, Funny

    Seeing as we're not paying you, could you please not comment?

  25. Are there any literate people left on the planet? by DogDude · · Score: 0, Troll

    Would appreciate the Slashdot community's take on the validity of Mr. Linares's 'science.'

    What the hell is that? That's not even a sentence. It's not even a complete idea! What in the hell?

    --
    I don't respond to AC's.
  26. Re:Don't feed the lawyers by mshurpik · · Score: 1

    >So? I can only interpret your comment meaning Linares is 'against' us

    Well, there was an article last week claiming that RIAA is guilty of RICO (aka Mafia) fraud. As far as I could tell, the article made a good case for secrecy, collusion, and extortion.

    So, any analysis of RIAA's documents potentially gives RICO defendants a heads-up on technical matters. Whom you choose to defend is up to you.

  27. Spoofing? by squarefish · · Score: 3, Interesting

    It is possible to spoof email, MAC, and IP addresses, but I don't know the likelihood of being able to spoof the IP while participating in file sharing with bit torrent or limewire.
    It is also very possible to spoof caller id.
    Are these good arguments?
    I think there are enough holes in their statements to bring it into question, but this stuff is very technical and may be difficult to explain in court, although the MPAA is trying to do the same, albeit poorly.

    --
    Creationists are a lot like zombies. Slow, but powerful and numerous. And they all want to eat our brains.
    1. Re:Spoofing? by jorghis · · Score: 1

      These corner cases are starting to seem a little outlandish. Yes, if someone on the same subnet as you is spoofing your mac/ip address you can be incorrectly identified. Does anyone honestly believe this would ever happen? I mean really? This has gotta be equivalent to the one out of a billion type odds that they give on dna tests. I cant imagine that address spoofing to share copyrighted files is in any way something worth worrying about. Thats like saying that just because the police traced a call back to your house it doesnt mean anything because someone could have spliced the wires leading into your house and and made a phone call that way. Technically true, but not really very realistic.

      The only realistic argument I can see is someone downloading stuff through your unsecured wireless router, the other stuff just seems like a huge reach. Even that seems like it would account for probably around .000001% of all copyrighted files being shared online though.

    2. Re:Spoofing? by cyphercell · · Score: 2, Insightful
      1. The RIAA may not ever find an IP address or MAC address on a SUBNET, because it may be classless.
      2. "I cant imagine that address spoofing to share copyrighted files is in any way something worth worrying about." That's like saying "I don't think getting busted by the RIAA is something to worry about." When you add the two comments together it stands to reason that someone interested in downloading protected files would also be concerned with covering the thin skin on their ass. Just because your grandma can buy stuff online doesn't mean she's the only one doing it.
      3. Spliced wires leave physical evidence, require access, and a certain level of concealment (involves criminal trespassing). Internet crimes are more prevalent than their former physical counterparts primarily because of anonymity (see file-sharing, cracking, hacking, phreaking, and identity theft/online fraud).
      4. The issues you apply to a wireless router apply to ALL routers. Especially, in a campus setting where tracing access back to a MAC address, even if reliable, may mean absolutely nothing because the precious resource is quite often shared.
      --
      Under the influence of Post-Cyberpunk Gonzo Journalism
    3. Re:Spoofing? by NewYorkCountryLawyer · · Score: 1

      Appreciate the insight, cypercell.

      --
      Ray Beckerman +5 Insightful
  28. Feedback by wrook · · Score: 5, Insightful

    Free advice from a non-lawyer. Not only that, but I only have time to scan the document quickly, however here are some points that I think might be relevant:

    1. The word "piracy" is repeatedly used. I don't believe this is a standard legal term (outside of naval encounters). The word is not defined in the document. I think the intent is to equate the term "piracy" with "copyright infringement", but to spin it imply other things. One could probably attack this term successfully.

    2. Point 8 is a logical fallacy. Whether or not record companies authorize P2P distribution of music is completely unrelated to the conclusion that P2P networks are used primarily for copyright infringement. One would first have to show that the vast majority of content falls under the record companies' copyrights.

    3. "Distribution" has a specific legal definition in copyright law (or it does in my country, anyway). P2P copying may or may not fall under that definition. This is extremely important. They are trying to imply that P2P copying is a more serious offense than copying in other ways.

    4. Points 9 an 10 bother me slightly, but I can't put my finger on why. They are implying that the P2P users are anonymous and thus can escape lawsuits from copyright holders. This is probably an important point in their case. I suspect they are trying to show that P2P users are intentionally hiding because they are doing something they know is wrong. This is why it is OK to remove that anonymity. It is important to stress that whatever the motives of the defendant, it is the plaintif's job to show that an infringement occurred *and* that the defendant was involved before an injunction is granted. The anonymity of the defendant is immaterial to that point.

    5. Point 11 states that Media Sentry can identify files being offered. It can not. It can only identify the *names* of the files being offered. The name of a file does not constitute anything more than circumstantial evidence that the file contains what they think it contains.

    6. As has been stated numerous times before Point 12 is just false. An IP address identifies a machine, not a user. Any number of users may access that machine. Other machines may route through that machine and masquerade as it. The owner of the machine may not even be aware that someone else is using it for this purpose.

    7. Point 13 doesn't make any sense at all. They indicate no mechanism for Media Sentry to identify copyrighted works. Or even if one assumes that all the works available through the P2P network are copyrighted, there is no mechanism for determining who the owner of that copyright is. The document seems to imply that all users of the P2P network can do this and since Media Sentry uses the same mechanisms, it can do it too. But users can not generally do this. They would have to provide some explanation for the mechanism they are using.

    8. Point 16 states that the IP address can identify where the infringement occurred. This is incorrect. It merely shows one step of the way. In order to identify where the infringement occurred, they would also have to show that the packets were not then transferred to a third party. This information is not actually stored anywhere on the computer, so it might be impossible in practice to say for sure where the infringement occurred.

    9. Point 17: How is Verizon's concession in any way relevant to a judges decision? Does Verizon get to make precedent?

    10. In point 18, they use the terms "distribute" and "make available". Again, these have very specific legal meanings. They have not described how the alleged actions of the defendants are equivalent to these legal terms. Even if they have documented copying, this is different than the above terms (at least in my country).

    11. Again point 18, they have stated that the Defendant made illegal copies available. They have no way of determining this. They merely suspect that the Defendant's computer was used to *relay* copies (or pa

    1. Re:Feedback by shark72 · · Score: 1

      "The word "piracy" is repeatedly used. I don't believe this is a standard legal term (outside of naval encounters). The word is not defined in the document. I think the intent is to equate the term "piracy" with "copyright infringement", but to spin it imply other things. One could probably attack this term successfully."

      Not hardly. Everybody knows what it means. It's held that meaning for hundreds of years. You're a smart person, and if a buddy tells you that they have a pirated version of a DVD, you'll know exactly what they mean. The courts are full of smart people, too.

      "One would first have to show that the vast majority of content falls under the record companies' copyrights."

      Been shown many times, in many cases. UMG vs. Napster, whomever vs. Kazaa, etc. It's one of those prima facie things that the court need not waste time on. You, me, your little brother, and most other people on the planet know that most P2P content is infringing.

      "The name of a file does not constitute anything more than circumstantial evidence that the file contains what they think it contains."

      In many cases, circumstantial is good enough. If you were to try the "my client likes to share photos of his cats by naming them after MP3 files of top-selling artists" approach, it wouldn't even pass the laugh test. Courts are surprisingly good bullshit detectors. If an argument would seem contrived to you, it likely will to the court.

      "Point 21 - This may actually be true, but they have done nothing to demonstrate it. In many cases copyright infringement may actually spur sales. Saying they are harmed with no supporting evidence is not a valid argument."

      They don't need to demonstrate it -- prima facie, again -- and enforcing copyright law doesn't require proof of economic harm. Remember, the record labels are going for statutory damages here.

      "Has [leaking of new CDs before they're released] occurred? This looks like a big non-sequitor to me."

      All the time.

      --
      Sitting in my day care, the art is decopainted.
    2. Re:Feedback by nonsequitor · · Score: 1

      I am not a bullet point. I think the word you were looking for was non-sequitur. *I am a spelling nazi though*

    3. Re:Feedback by Anonymous Coward · · Score: 0

      6. As has been stated numerous times before Point 12 is just false. An IP address identifies a machine, not a user. Any number of users may access that machine. Other machines may route through that machine and masquerade as it. The owner of the machine may not even be aware that someone else is using it for this purpose.

      An IP address doesn't even identify a machine, only an interface. An interface could have multiple IP addresses, and multiple machines could share an interface (and consequently an IP address).

    4. Re:Feedback by AigariusDebian · · Score: 2, Insightful

      Not hardly. Everybody knows what it means. It's held that meaning for hundreds of years. You're a smart person, and if a buddy tells you that they have a pirated version of a DVD, you'll know exactly what they mean. The courts are full of smart people, too. Yes, "piracy" has its meaning that has been there for hundreds of years and no, "making a copy of a CD" is NOT it. "To pirate" is to be part of organised para-military criminal unit that sails the seas and destroys all other ships in sight killing the crew and passengers, raping female passengers or crew members and plundering or destroying all the goods aboard. Pillaging raids on coastal territories also comes under the term.

      The very attempt to equate such horrendous criminal activity with copying a CD is outrageous and should be prosecuted as slander.
    5. Re:Feedback by TheoMurpse · · Score: 1

      Not to mention the accusation in (6) that BitTorrent and DirectConnect (both libre, open source projects) were created to capitalize on piracy. I think the same goes for Gnutella, but I'm not really familiar with the system. I think there have been about a bajillion interviews over the years where Bram Cohen said he invented BitTorrent to help large file transfer, but not to help the "piracy" efforts (ARR MATEYS and all that).

      If you remove the accusation in (6), you're left with a statement which condemns all of the internet (since the internet is one massive P2P system, after all). I'm sure the judges would die laughing if this accusation was put forth.

      Also this guy has very poor writing skills. (7) was the first to really jump out at me as poorly written.

      (8) I agree with your assertion that (8) is a logical fallacy.

      (9) Let's all have a laugh at the word choice here as an example of poor writing: "[Infringers] . . . have the ability to maintain their anonymity to all but the [ISP] they use to supply them with access to the internet." Legal documents must be precise, and this sentence fails beautifully. It states that infringers supply internet access to ISPs.

      I know attacking grammar isn't going to win any court cases. I just wanted to point out what I meant when I said this guy can't really write. I think I'm writing better than him right now, and it's 3am where I am! Speaking of which, I need to go to bed now.

    6. Re:Feedback by pavera · · Score: 2, Insightful

      You seriously think that hundreds of years ago (say the 1800's) people said "Watch out for pirates!" and meant "People copying CDs"?!?

      That is the funniest thing I've ever heard.

    7. Re:Feedback by mr_matticus · · Score: 1

      Actually, both Black's Law and the Merriam-Webster legal dictionaries both include entries in "piracy" to cover the electronic version. It is an established meaning in cases relating to this sort of litigation. Even the FindLaw dictionary (which is easily available to the public, unlike my Black's 8th edition) online includes this brief definition:

      "the unauthorized copying, distribution, or use of another's production (as a film) esp. in infringement of a copyright"

      I am too lazy to go get my Black's Law and transcribe it, but it's certainly in there. Additionally, Black's has included, at least since 1990, a definition in the "piracy" entry to reflect 'programming piracy' (that is, stealing cable/satellite TV).

    8. Re:Feedback by DMoylan · · Score: 1

      > 1. The word "piracy" is repeatedly used. I don't believe this is a standard legal term (outside of naval encounters).

      i was going to make a smart alec remark that on land piracy is called 'brigandage'

      then i looked it up on wikipedia.

      http://en.wikipedia.org/wiki/Brigandage#Causes_of_ brigandage

      what caught my eye was the first line in causes of brigandage.

      'Causes of brigandage:The conditions which favour the development of brigandage may be easily summed up. They are first bad administration, and then, in a less degree, the possession of convenient hiding-places.'

      bad administration goes without saying when it comes to the policing and defence of peoples rights. the kicker was the refering to the convenient hiding place. i always picture the riaa and their ilk as hiding behind the law using their deeper pockets to win.

    9. Re:Feedback by wrook · · Score: 1

      Ha ha!!! Thanks! I knew it was spelled wrong, but I couldn't figure out how to spell it. There was another word in there too that I thought I spelled wrong, but I can't remember what it was.

    10. Re:Feedback by Anonymous Coward · · Score: 1, Insightful

      Piracy in the terms of Copyright Infringement have been around at least since the days of the Founding Fathers in the US, where a good deal were actively involved in printing (or closely associated with someone that was...why do you think the freedom of press is so encoded into the constitution).

      But piracy has been used to mean copyright infringement for at least a few hundred years. As fluid as English is as a language, and as easily as we pick up and drop words, this is a term that is embedded deeply and not used incorrectly simply because a bunch of fucking idiot nerds want to pretend the term is only valid when prepending 'Of The Caribbean'.

      This is the worst part about the RMS influences...his insistent need to convince others words do not mean what they actually mean so that in an Orwellian sense, change language towards his own belief:

      http://www.gnu.org/philosophy/words-to-avoid.html

      There use to be a page around this word by RMS that goes into further FUD, but I cannot find it right now.

      Don't get me wrong, I believe the RIAA has overstepped their bounds on most of their lawsuits. I am a former signed artist to one of the signatory labels to this organization and do not believe in suing the people that love my music. At the same time, there needs to be some stop to wholesale give aways of other peoples properties. It isn't just about MP3s, I've found one of my best friends albums, one that I contributed significantly to on tune, available in FLAC with full album art. People seem to know no bounds...its the internet asshole syndrome...anonymity allows people to do what they wouldn't do in public simply because they can't be seen, and thus it's right. Fuck that.

      And to get back from my rant...Berne Convention, 1886 -- codified Piracy as a legal term worldwide for over 100 years for copyright infringement. Tennyson complained of piracy of work 10 years earlier. Oxford listed it much earlier.

      Still, I have no doubt that any of these facts will keep the same idiots from throwing out the Copyright Infringement Is Not Piracy arguments.

    11. Re:Feedback by Anonymous Coward · · Score: 0

      5. Point 11 states that Media Sentry can identify files being offered. It can not. It can only identify the *names* of the files being offered. The name of a file does not constitute anything more than circumstantial evidence that the file contains what they think it contains.
      As evidenced by the millions of decoy files placed on various P2P sites by Media Sentry (as part of their advertised services) whose file names do not reflect their file contents.
    12. Re:Feedback by gsslay · · Score: 1, Troll

      Got to love slashdot. Someone asks for a technical view and they get offered totally unqualified, free, legal commentary from someone who has 'scanned' TFA, and it's marked 'Insightful'.

      There should be lots to argue about.

      I believe that's what lawyers do.

    13. Re:Feedback by shark72 · · Score: 1

      "You seriously think that hundreds of years ago (say the 1800's) people said "Watch out for pirates!" and meant "People copying CDs"?!? That is the funniest thing I've ever heard."

      Of course not. I am not sure how you came to that conclusion. Please explain. I think it may be a reading comprehension problem on your part, but I would like to understand what your thought process was that led you to this mistake.

      --
      Sitting in my day care, the art is decopainted.
    14. Re:Feedback by shark72 · · Score: 1

      "Yes, "piracy" has its meaning that has been there for hundreds of years and no, "making a copy of a CD" is NOT it."

      Sheesh. Who on earth modded this insightful?!

      The word "piracy" is a homonym (or, if you prefer, a homophone), like the word "bark." Learning the various meanings is as easy as checking a dictionary. This is why The Pirate Bay's logo is a pirate ship with a cassette... they're referencing the play on words.

      I'm curious: were you really not aware of this? I have a feeling that you're simply being disingenuous, but then again, some poor soul marked your post "insightful," so maybe there really is a knowledge gap here. Can you explain?

      "The very attempt to equate such horrendous criminal activity with copying a CD is outrageous and should be prosecuted as slander."

      That ship sailed three centuries ago. Again, it's hard to tell if you're trying to be serious.

      --
      Sitting in my day care, the art is decopainted.
    15. Re:Feedback by Just+Some+Guy · · Score: 1

      You seriously think that hundreds of years ago (say the 1800's) people said "Watch out for pirates!" and meant "People copying CDs"?!?

      Yes.

      Except that they actually meant books at the time. From Wikipedia:

      For electronic and audio-visual media, unauthorized reproduction and distribution is occasionally referred to as piracy or theft (an early reference was made by Alfred Tennyson in the preface to his poem "The Lover's Tale" in 1879 where he mentions that sections of this work "have of late been mercilessly pirated"). The legal basis for this usage dates from the same era, and has been consistently applied until the present time.

      Also:

      See Berne Copyright Convention, 1886: "Pirated works may be seized on importation into those countries of the Union where the original work enjoys legal protection." (Art. 12).

      So, yeah, some people in the 1800s very definitely meant copyright infringement. This is a dead horse. Move on.

      P.S. I am in no way defending the RIAA et al. Still, this point is ancient and long decided and continually bringing it up just makes us look like a bunch petulant whiners.

      --
      Dewey, what part of this looks like authorities should be involved?
    16. Re:Feedback by Anonymous Coward · · Score: 0

      WRONG:
      6. As has been stated numerous times before Point 12 is just false. An IP address identifies a machine, not a user. Any number of users may access that machine. Other machines may route through that machine and masquerade as it. The owner of the machine may not even be aware that someone else is using it for this purpose.

      An IP address represents a "logical endpoint" - it DOES NOT IN GENERAL IDENTIFY A PARTICULAR MACHINE. A MAC address would, in theory identify a particular bit of hardware. An IP address almost never does. This is good.

  29. Re:Gee, what does this person expect to hear? by dosboot · · Score: 1

    We are all intelligent people here, the subject does have relevance to our little tech-news discussion community and not everyone in this community follows the group think. The submitter probably though that having a little faith in those people is better than letting the Slashdot bandwagons run wild and so decided to ask the question anyway.

  30. Not a transatlantic evil, then? by The+Rizz · · Score: 1

    So in other words, they're only evil in Britain. In the good ole' USA they're AOK!

    1. Re:Not a transatlantic evil, then? by Puff+of+Logic · · Score: 1

      So in other words, they're only evil in Britain. In the good ole' USA they're AOK! Well, they're giving non-DRM stuff a shot, so their evil rating has declined somewhat in my view.

      On an unrelated note, does anyone else think that the Preview, Submit, Quote buttons are in the wrong order? They should be in order of use...I keep accidentally clicking on Preview instead of Quote. Some man-machine interface this is!
      --
      P.P.S. I'm doing Science and I'm still alive.
  31. Specific Court Response by Pugio · · Score: 1

    In the statement, Mr. Linares claims that it is possible for an ISP (or college) to determine the identity of an individual connected to the internet based on a given IP address. This is false, as it is only possible for an ISP to release information detailing who a specific IP address is supposedly registered to at a specific date/time. It is not possible to ascertain whether the individual the IP is registered to was, in fact, the person actually using the IP address at the time (provided by the RIAA) at which the "illegal file sharing" occurred. The impossibility of verifiably linking an individual to an IP address is due to the following concerns: 1. An IP address can easily be set up to represent an entire network of computers all situated behind a network router device. Any of a virtually unlimited number of computers, and users, could have been connected to a network with only a single public IP. An analogy is that of an apartment complex with a single address. Incoming mail is sent to the apartment's mail room and is then distributed internally by the local mail staff. Knowing the apartment complex's address does not mean you know who lives in the apartments therein. It is thus impossible to determine the specific individual who was sharing the files within that network. 2. It is possible for another user to steal or "borrow" another user's IP address. By correctly configuring one's computer, it is possible to utilize almost any IP address provided by an a college ISP that is not already in use. It is quite possible for the defendants to have been offline at the time, while another user utilizes their IP address to browse the internet. Thus, almost any person in the college at that time could be responsible for the shared files. Furthermore, using someone else's IP address to access the internet is a very simple process that can be accomplished by anyone with a small bit of technical knowledge. The key point is that, while an ISP or college provider is capable of stating who a given IP address is registered to at a specific time, it is impossible to determine who is ACTUALLY using the IP address at any given time.

  32. Hardly valid at all! by Anonymous Coward · · Score: 0

    Here's my point-by-point rebuttal, with the numbers referring to paragraphs of the original:

    9) "Can't be underestimated"? It can certainly be OVERestimated.

    11) MediaSentry, or SafeNet as they call themselves now, uses customized clients. Even if they use the same features of the client or protocol, they've clearly been tampered with in at least the case of BitTorrent where they appear to use modified versions of Azerus and LibTorrent, both open source. I know that others have looked into this and said that, for BitTorrent, you see ratio hackers (people who have "uploaded" far more data than is even possible) often sitting at 0%. They also spam the hell out of your connection, even if it's disconnected or you block them if your IP was ever once seen by them. They like to send batches of 10 connections in a single second, which is highly unnatural. This may well be part of a Denial of Service attack. They will NOT desist, even if blocked at the firewall and even if the connection is down for a long time. In DHCP situations, it is hard to believe they never end up attacking innocent people, although the connections won't do much harm unless there's a BitTorrent client to process them. They send the batches of connections every 30 minutes to 1 hour randomly according to my logs. I wish I knew more, but I don't have any idea how to capture and analyze whatever data they're sending me, I just block it. In any event, absolutely no normal BT clients do that, so it's pretty clearly nefarious and almost certainly intended as a DoS attack. The irony is, I think I know what started their attack and I'm not even a member of the BT swarm they want nor did I download what they're trying to protect.

    12) IPs are NOT unique. Look up NAT (Network Address Translation). Yeah, it can lead them back to an ISP who probably has records, but just how good are those? It's not like they establish any kind of chain of evidence. And the part about "two computers cannot effectively function"? That is COMPLETELY wrong! Hell, at work we have hundreds of computers on private subnets by plant, each one has a unique private IP in the private subnet, but if you look at us from the outside, all connections to the internet are through a single routable IP (not many are allowed internet access, mind you). That single IP is the ONLY thing they'd see from the outside unless the protocol embedded my non-routable IP (192.168.x.x) for some reason. Not that it'd do the least bit of good, because you can't route anything to it. Our gateway knows that IP, but there's no reason for anyone outside the WAN to care about it. Similarly, pretty much all WAPs (Wireless Access Points) do a similar thing. You get a private non-routable IP and the device itself has a routable IP from your ISP. Then many people can connect to the WAP and everyone appears to share the same non-routable IP. Yes, two computers on the *same* network cannot share an IP, but just how many 192.168.1.1s do you think are out there? The private ranges are VERY widely used, ESPECIALLY for anyone with a WAP. Around here, the cable company sells Linsys wireless routers to pretty much everyone who gets cable access and I can see almost 20 networks likely using the exact same setup.

    Also, they claim that the organization the IP is assigned to can trace it back to a single user. This is almost invariably false. They can give you the *subscriber* who pays them for the account. They almost never have evidence of which *person* was in control of that PC, let alone which *PC* was actually connected to them when it goes through NAT or any kind of gateway like the WAPs I discussed before. That's not at all a trivial distinction, they're trying to pull the wool over people's eyes with that one.

    13) Yeah, they can get IPs, I understand that. But especially on networks like Kazaa, I've heard many reports of "noise" killing DSL lines. That is, when the DHCP lease renews, they get the IP of someone who used to be sharing files, and they get lots of

  33. Re:Specific Court Response - Correctly Formatted by Pugio · · Score: 1

    Forgive my midnight posting:

    In the statement, Mr. Linares claims that it is possible for an ISP (or college) to determine the identity of an individual connected to the internet based on a given IP address. This is false, as it is only possible for an ISP to release information detailing who a specific IP address is supposedly registered to at a specific date/time. It is not possible to ascertain whether the individual the IP is registered to was, in fact, the person actually using the IP address at the time (provided by the RIAA) at which the "illegal file sharing" occurred.

    The impossibility of verifiably linking an individual to an IP address is due to the following concerns:

    1. An IP address can easily be set up to represent an entire network of computers all situated behind a network router device. Any of a virtually unlimited number of computers, and users, could have been connected to a network with only a single public IP. An analogy is that of an apartment complex with a single address. Incoming mail is sent to the apartment's mail room and is then distributed internally by the local mail staff. Knowing the apartment complex's address does not mean you know who lives in the apartments therein. It is thus impossible to determine the specific individual who was sharing the files within that network.

    2. It is possible for another user to steal or "borrow" another user's IP address. By correctly configuring one's computer, it is possible to utilize almost any IP address provided by an a college ISP that is not already in use. It is quite possible for the defendants to have been offline at the time, while another user utilizes their IP address to browse the internet. Thus, almost any person in the college at that time could be responsible for the shared files. Furthermore, using someone else's IP address to access the internet is a very simple process that can be accomplished by anyone with a small bit of technical knowledge.

    The key point is that, while an ISP or college provider is capable of stating who a given IP address is registered to at a specific time, it is impossible to determine who is ACTUALLY using the IP address at any given time.

  34. Re:Don't feed the lawyers by sconeu · · Score: 4, Informative

    It wasn't Linares. It's Ray Beckerman, aka NewYorkCountryLawyer.

    Sheesh, if you won't RTFA, at least click the submitter's name before you go all conspiracy.

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  35. Re:Provable ID problem by The+Rizz · · Score: 3, Insightful

    Only one can make a call from one number at a time. They missed entirely using ports on a router so multiple users behind a router can make a call all at once from the same phone number. The number does not identify the individual any more than call from the political campaign center identifies the individual making the call. You may try to call them back and sue the individual for harrassment, but identifying the individual by the phone number is a problem. Actually, I would say IP = phone number is a perfect analogy, and fits precisely with your logic. How? Look at any company with a large phone system, such as corporate offices, call centers, or (most familiar to most people) hotels. There are dozens if not hundreds of calls coming and going simultaneously - all of which connect through the same phone number. If you receive a call from someone inside one of these systems, you (usually) get the same number on caller ID regardless of who called you, or from what internal location. You can trace it back to the building's switchboard, but from there it is impossible to trace further from outside the system. Likewise, when you call to one of these systems, you call a general number and any further routing is done by the system on the other end by giving either a name or extension number (analogous to a port number).
  36. Re:Gee, what does this person expect to hear? by wellingj · · Score: 1

    I would mod up that comment ... but what's the point in modding an AC =P
    Instead I'll just say: good job.

  37. perspective by waferthinmint · · Score: 1

    I agree with most slashdotties that RIAA is evil. However, I wanted to offer a thought problem to see if we are not over reacting:

    If a John/Jane Doe were accused of some other, more serious and more REAL crime, such as downloading & distributing kiddie porn or sending ransom notes, what burdens would we put on the prosecution for tying the IP to the PC, PC to the owner, Owner to user?

    Would we accept the WLAN and WEP breach defenses?

    I am not asking a question of Point of Law. I am asking what our collective opinion would be for acceptability of defenses from a technical and emotional POV. Would we be satisfied that justice had been served if those defenses were used to avoid prosecution in such cases? I realize that criminal cases have greater burden of proof, etc., but that is not my point.

    BTW this may become germane to RIAA: if they are convicted of RICO, we may be seeing them quite successfully claiming in court that "the extortion letters may have come from my IP# but I don't know how they got out. I never saw them before."

    Before flaming, NB I agree that this is not Kiddie porn and the RIAA is made up of egg-sucking curs.

    1. Re:perspective by suresk · · Score: 2, Insightful

      1) Possession of child porn is a pretty serious crime, and like any crime, I'd expect the evidence to meet a high standard of proof. How would you feel if someone cracked your WEP key, used your wifi to download child porn, and got you sent to prison for years? Should this be an absolute defense? No. But I think we are in a pretty scary state if you can be sent to prison for years based off your IP showing up in logs somewhere. There are too many ways that can be wrong.

      2) I don't get your point about the extortion letters coming from the RIAA's "IP" - they send them via snail mail. And they file court cases. And they collect the money. There is no possible way they could claim it wasn't them.

    2. Re:perspective by waferthinmint · · Score: 1

      1) I think you see where I am coming from. If it is a strong defense, can we live with the possible consequences; and the same question if we decide it is a weak defense.

      2) ah, that was a joke. someone suggested in a .sig that it was wrong to be both informative and funny in one post. I was trying to show that, for me at least, it may not even be possible. mission accomplished!

    3. Re:perspective by MechaBlue · · Score: 1

      We should expect an even higher burden of proof, especially since the crime is more serious. If there is a lower burden of proof, then we are more likely to let a criminal roam free and ruin the life of an innocent man.

    4. Re:perspective by swilver · · Score: 1
      I see no real difference. The magnitude of a crime makes no difference, unless you allow yourself to be blinded by it. The simple fact is that you have to proof who comitted the crime beyond any doubt -- unless you think it is acceptable that sometimes you put away innocent people for life. The simple fact is, an IP address tells you absolutely nothing about who is sitting behind the computer at the time. It could be me, it could be my gf, it could be my neighbour who has the keys to my house, or it could be the kid on the other side of the street who hacked my router.

      For the REAL crimes, there are other ways of getting decent proof (like installing surveillance devices in the houses of suspected criminals, keyboard loggers, camera's, that sort of stuff). The RIAA however is not allowed to do this, nor could it justify it for such a minor crime (if it even is a crime in your country of origin, it isn't in mine), so they have to rely on circumstancial evidence that basically proofs nothing about who actually perpetrated the crime.

    5. Re:perspective by Budenny · · Score: 1

      I don't think we'd accept the WLAN and WEP breach defenses as reasons for not using IP evidence as grounds for investigation, search warrants and so on.

      We probably would accept it, at least in some circumstances, with more evidence of WLAN and WEP breaches than the mere possibility, as constituting reasonable doubt about whether a crime had been committed. We'd require more evidence than the IP evidence - for instance, material on disk.

      The difficulty you have with the RIAA is really four things. One, people think its a desperate defence of a dead business model. Two they think its trying to reduce rights which buyers had below what they had for physical media. Three they see evidence with potential technical holes in it being used. Four, they see the evidence which should only be grounds for investigation being used as if it would support the weight of prosecution without any more supporting material evidence.

      The last point would probably be felt to apply regardless of the crime being investigated.

      I do advise my friends who are renting out property with a built in wireless broadband connection to have a clause in the lease to the effect that WPA security is implemented on the router and may not be turned off, and not to give the strong admin password on the router. Of course, your tenants can reset and leave it open, but at least you will know its happened, and you have taken just about all the precautions you reasonably can other than putting the thing in a locked closet. But pity anyone who rents out a room in his main house, gives access to the broadband connection, maybe even wired rather than wireless access, and finds the front door being broken down at three in the morning. I guess its a case of 'know your customer'!

    6. Re:perspective by waferthinmint · · Score: 1

      The difficulty you have with the RIAA is really four things. One, people think its a desperate defence of a dead business model. Two they think its trying to reduce rights which buyers had below what they had for physical media. Three they see evidence with potential technical holes in it being used. Four, they see the evidence which should only be grounds for investigation being used as if it would support the weight of prosecution without any more supporting material evidence.

      Thank you. I very much appreciate being told what I think. I often have trouble figuring it out on my own. (this is sarcasm with a smile; my daughter also likes to tell me what I think, and better still: what I should think!)

      Actually MY problem with the RIAA is that their abuse of the legal system is extortion and it cheapens the quality of the courts while raising the costs of the courts.

      As the law stands now -- and I believe it to be wrong and unenforceable in practice -- it is illegal for me to take a cd I own and share it with a few thousand strangers. it is also illegal for me to make a massive collection of music on my HDD by downloading copyrighted material off of the net.

      We can argue that the law is bad -- it is;
      we can argue that the current prosecution of the law is flawed in the manner it is being handled;
      we can argue that RIAA are IT Ignoratti;

      We Slashdotties often seem to be muddling these arguments and confusing the RIAA's lack of moral right to go after people who are infringing on their distribution rights with the RIAA's quite strong legal right. (never-mind that the RIAA has overstepped their legal authority with the collusion of prosecutors and law enforcement on many occasions.)

      What is making me uncomfortable about this is that we are starting to act as if "Since the RIAA is wrong in this matter they must be wrong in that matter as well." It's a logical fallacy and if we a precedent is set with the courts to mistrust all IP information by default we lose a good indication of possible guilt in more serious criminal investigations.

      I agree that IP evidence ALONE should not convict, but it should be considered as strong circumstantial evidence and be considered as such.
    7. Re:perspective by waferthinmint · · Score: 1

      Somehow EVERYTHING got quoted, even my original text. sorry.

    8. Re:perspective by Anonymous Coward · · Score: 0

      You seem to think that the WLAN breach defense is purely of theoretical interest, it is not. I currently rent the second floor of my parents house, and the wireless access-point is at the other end of the house (through a brick wall, etc. moving it was met with underwhelming enthusiasm). The neighbors house is less than 20 ft away, and they've got an unsecured access-point, with a stronger signal than ours. To top it off, they have the super-duper-deluxe plan with close to five times the download speed.

      When they go to bed, and turn off their lights -- usually right around 9p.m. -- I switch networks and start my nightly downloads (about 1Gb/night, not much of it is music, but e.g. I just had to have the Wham discography :-)

      If you were my neighbor, and if I was downloading kiddie porn (instead of the latest episode of Painkiller Jane), what protections would you like to have from connecting the the act to the person paying for the IP?

      anonymously-y'rs

    9. Re:perspective by waferthinmint · · Score: 1

      I don't doubt that this happens. I just think that IP should not be discounted as a source of circumstantial evidence. it is a reasonable place for an investigation to begin. I agree that it is a damn poor place to end it.

    10. Re:perspective by Budenny · · Score: 1

      Sorry, I meant to use 'you' in the sense of 'one' - not you personally. In fact I'm basically agreeing. I think many of the arguments used against the RIAA are because of peoples dislike of them, and that they would not be used or thought legitimate in a different context.

  38. Grammar Police by saxoholic · · Score: 1

    yes. is missing a subject. At least didn't hang a preposition if.

    1. Re: Grammar police by H_Fisher · · Score: 1
      I don't think the point is whether or not you or anyone else could figure out the meaning. It dsn't tk mch wrtn nfo 2 gt th pt of a sntnce.

      I can understand this poster's frustration. Those of us who read between the lines in such matters (and, as a college English teacher, it's my job) would say that it smacks of laziness to use poor grammar, especially when attempting to come across as a professional in what is supposed to be a forum for professionals (despite the fact that the noobs and grammar police are here, too).

    2. Re: Grammar police by Paradise+Pete · · Score: 1

      All he did was drop the I, which is a reasonably common thing to do in casual conversation where one wants to make the statement or request feel less "selfish."

  39. Why IP can't be trusted by Anonymous Coward · · Score: 0

    Everyone in the security industry knows you simply do not rely on host address based security because IP and MAC addressing by themselves are not trustworthy. Either can be trivially intercepted, spoofed or changed at will in many settings. The security and repudation is why the IETF has worked so hard on IPSec.

    There are by many estimates on the order of *millions* of computers infected with remote control software which enables your average joes computers to be used to launch attacks or cloak the origin of activities without the owners knowledge.

    For this reason noone in the security industry would rely on IP information *alone* to make a determination of the true origin of attacks. Even medicore crackers know better than to expose their true address to their victims.

    IP addresses may be shared by wireless networks and other individuals on wired networks in the same location by guests...etc any of whom may be an unwitting participant in a bot net.

    An access account can be hacked and used by a third party or the account information simply shared with one too many "friends". This happens with some frequency and is precisely why ISPs tend to enforce concurrent access limits to prevent such abuses of their network.

    Some UDP based protocols used in p2p networks can have their source addresses trivially spoofed from anywhere on the network in much the same way you can send an email over the Internet with any "from" address you want. Other TCP based protocols are somewhat protected from this due to the difficulty in guessing sequence numbers required to establish phantom connections.

    Although rare its possible for others to launch attacks on network infustructure using route table poisioning techniques.

    IP information is often a good input or stepping stone in an investigation however by itself it would be irresponsible to use IP as a sole source in identifying the person behind the machine.

  40. What is said VS. what is meant. by mrscotty99 · · Score: 1

    when is every one gonna get it strait? copyright infringement is when i make a product that has less than 10% change than another product. OR i steal your product, erase your name off of it and put my name on it... if they're gonna call music file sharing something..it would be intellectual property theft by distribution..(kinda like what bootlegging a concert and selling copies of the tape you made, was a long time ago...). So please tell whoever you need to, to the correct the line of thinking (FUD) the riaa has put in everyones head...thank you for your attention to this matter... mrscotty99

    --
    mister scott
    1. Re:What is said VS. what is meant. by vbjay · · Score: 0

      A strait is a narrow channel of water that connects two larger bodies of water, and thus lies between two land masses. Straight is not crooked.

  41. Room mates by Anonymous Coward · · Score: 0

    The possibilities that a room mate could have even used the person's "ip address" are boundless and includes using their computer. It is not unimaginable that someone would rather their room mate get credit for their activities then for them to get credit for them. Normal problems with ip addreses have already been covered quite a bit, but perhaps problems related to others having direct physical access to the "suspect's" computer, personal router, wall outlet, usb ports, etc, etc should be listed in a seperate thread. ( think of Groklaw's "list 'x' here" thread starters )

  42. Read the final sentence in article 14. by macraig · · Score: 3, Informative

    "... and additional data that track the movement of the files through the Internet."


    Note that, throughout his statements up to this point, Linares has repeatedly reasserted that MediaSentry doesn't use any techniques not enabled by the software and medium and not available to any other user of the system. It's obvious he wants to preserve for MediaSentry and, by extension the RIAA, that no "illegal" or unethical techniques were employed to gather data.

    Right here, with this sentence, he contradicts himself. I think it's rather obvious that this sentence describes an activity that other P2P users cannot do, even if they chose to try. The very ambiguity of it, and his failure to clarify it, is noteworthy.

    Dig deeper right there; "X" marks the spot, as Blackbeard might say.
  43. data != proof by Anonymous Coward · · Score: 0

    Couldn't read the PDF, so sorry if this was already covered:

    Even if you could tie an IP address to a person, the existence of data on a computer's hard drive does not prove that the computer owner's actions created the data there. A P2P filesharing application could be installed without an owner's knowledge, and instructed to share files automatically, also without the owner's knowledge. It could also automatically remove itself, but leave shared data behind, after running long enough to gain law enforcement attention. Imagine a "zombie" computer whose instructions are to go download Spice Girls, rather than attack some target. There would need to be some other corroborating evidence, like maybe a recording of the owner, bragging to someone about how they downloaded Spice Girls.

  44. Side question: why Delaware? by macraig · · Score: 1

    What is so special about Delaware, that so many of the music corporations are incorporated there? What is it about Delaware (and California) that makes it so damned friendly to these monsters? Clearly there's some aspect of tax, tort, or corporate law or the CODB there that makes them all want to flock there. What's the deal?

    1. Re:Side question: why Delaware? by Detritus · · Score: 1

      Delaware's laws are "corporation friendly". It's a major source of income for the state. It's similar to how ships are often registered under "flags of convenience" to avoid having to comply with the laws and regulations of their home country.

      --
      Mea navis aericumbens anguillis abundat
    2. Re:Side question: why Delaware? by mr_matticus · · Score: 1

      California law is decidedly NOT friendly to these organizations. What it is, however, is sufficiently unfriendly to *all* parties and sufficiently Byzantine in its complexity that it affords some protection to defendants.

      It's not all bad--emissions standards have been raised across the country as a result of California law. That's just one of the obvious examples. California does the dirty work and is more than happy to be the bad guy while everyone secretly thanks them for doing something. It's far from a 100% success rate, though.

    3. Re:Side question: why Delaware? by Anonymous Coward · · Score: 0

      The reason most of these companies are in Delaware is because it is relatively cheap to incorporate here. Also Delaware law (last time I checked) does not require the company to maintain a significant presance in the state. The law is not intended to make it friendly to "these monsters"(bastards would be a better choice) but rather all corporations. The northern part of the state is evidence to that as many have opted to set up their business there.

    4. Re:Side question: why Delaware? by Overzeetop · · Score: 1

      It also allows officers information to remain private, iirc, along with some preferential tax treatment.

      Actually, its relatively cheap to incorporate anywhere, and normally more expensive to incorporate outside of a state where you have a physical presence since you need a local address of record in most cases, and have to pay for that in addition to the fees.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    5. Re:Side question: why Delaware? by photomonkey · · Score: 1

      Tons and tons of businesses are based in Delaware and Virgina to enjoy certain tax benefits, as well as ease of incorporation in those states. In my state of Arizona, you better be prepared to do a lot of hoop-jumping to get your business of the ground legally.

      As for California, I can only surmise that many of them are based in California, because Los Angeles is a, ahem, a hub of American Culture producers and sellers.

      --
      Message contains 1 attachment: spam.gif
  45. Re:Gee, what does this person expect to hear? by Anonymous Coward · · Score: 0

    hey, how much do you think mod points will go for?

  46. one glaring error... by Sfing_ter · · Score: 1

    It seems that all the "sound recordings" they refer to are "MP3"s (section 19), so i guess if you are getting ogg and flac you are not breaking copyright according to Mr. Carlos Linares, Vice-President of Anti-Piracy Legal Affairs' "Delcaration". :)

    But... wait a minute, if the RIAA represented companies did not sell mp3 files to these people then these "Johns Doe" "created" the said mp3 files in question on their computers, which means either:
    "Johns Doe" own the files they created, or they are due production costs for creating said files.

    Why oh why do buggy-whip makers never just die... you always have to beat them into submission.

    --
    A computer once beat me at chess, but it was no match for me at kick boxing. Emo Philips
  47. The biggest fault I see.. by benow · · Score: 1

    is that is prevents the obvious. Data _is_ going to be interchaged. It is going to marked-up it is going to be indexed, it is going to be re-represented and that is the way that it is going to be. To stand up and say 'no' is not only counter-intuititive but it is counter the 'let's make something that is advancing, interesting and understood' modivation of good hollywood. Going against that is a make-work project for lawyers and offers little progression to the art of expression. If you're going to sit back and wait for the answer to emerge, you can't piss on it when it does.

  48. Re:Gee, what does this person expect to hear? by Kokuyo · · Score: 4, Insightful

    'This person' just happens to be one of those lawyers who's constantly trying to put the RIAA in its place and takes the time to keep us informed. He also takes the time to explain the relevant processes of law to us nerds.

    Don't you think it's a hilariously good idea to come to us when he doesn't understand 100% how P2P networks work? Aren't we exactly the ones who know best why RIAA's claims are stupid? So let's think this through: A lawyer who happens to understand law (gee, what a coincidence...) asks techies whether the technical interpretation of the 'bad guy' holds true or not.

    I don't see your problem. Would you rather he pull a Matlock on the judge and try to get the jury to shed a tear for the poor victim? That guy is doing a hell of a job.

  49. Just say "NAT" by viking80 · · Score: 1

    12.
    IP adresses of computers on the internet is not unique. A home user typically have one IP address, and typically have a network and a wireless network with multiple computers, including, unknowingly, possibly a neighbors PC as well as a laptop in a car parked in the street outside. All behind the NAT router.

    All these computers typically share 1 IP address behind the NAT router.

    IP addresses are changed on the fly, and it may be hard to document who had which at what time while maintaining evidence standards. (example: how is time zone set?, is daylight saving time settings etc documented?, how is Mediasentry's clock synchronized relative to the ISP and to real time?)

    12,13,14. IP addresses can be spoofed, and protocols such as the 'Onion router' will make it appear as someone else's IP address. This is just a click away in many P2P interfaces.

    15. There is no way to determine that these songs are "Illegal copies" or the users legal property.
    15. There is no record that the songs available for download was actually downloaded.

    Also, an IP network is exactly the opposite of a phone network: there are two kinds of networks: Switched networks, and circuit networks. The phone network is of the latter type, and the internet is of the other. The only (somewhat) unique device number in a TCP/IP network is the Ethernet MAC address, and that is not even part of the routed package.

    --
    don't cut it off www.mgmbill.org
    1. Re:Just say "NAT" by NewYorkCountryLawyer · · Score: 1

      All good viking80.

      --
      Ray Beckerman +5 Insightful
  50. Re:Are there any literate people left on the plane by Paradise+Pete · · Score: 1
    What the hell is that? That's not even a sentence. It's not even a complete idea!

    Sheesh Man. Just put the word I at the front of it and it all makes sense. Surely you could have figured that out.

  51. Entertainment value by Anonymous Coward · · Score: 0

    If you sell a Van Gogh for 50 million, does that mean that all Vn Gogh paintings are worth 50 million? No, so why is every song worth £12 per CD?

    If someone isn't willing to pay for your entertainment, is it a loss if people get it for free? It's unjusr enrichment (if you enjoy the free entertainment) but it is no loss to the seller because it was beyond the cost barrier. So no loss. Any loss is incurred because the seller decided not to play in that market. E.g. it may be sold somewhat at £10, sell more at £8 and sell like hot cakes at £5. But they don't want to play at those levels, they want £15. The seller has caused the loss by pricing themselves out of the market.

  52. Point by point rebuttal by Anonymous Coward · · Score: 0

    P2P is effectively a nebulous collective noun, like "society". Just as you cannot put your finger on "society"
    you cannot put your finger on a P2P network as an entity.

    7(3) is recursive. The Internet is a P2P system. therefore they are defining
    P2P networks to transfer over P2P systems, which is circular nonsense.

    8. False. An unfounded assertion. Most of the traffic on P2P networks is free software. Examples:
    Debian (many gigabytes), Ubuntu (many gigabytes), The Open CD, DVD data images, CD ISO images....
    One Ubuntu DVD download generates as much traffic as 2000 RIAA songs. Most of the P2P traffic is legitimate
    trafic.

    9. Unfounded assertion. The music business is growing. RIAA members traditional discs
    are being hammered by market forces, sales of online music and artits (eg Prince)
    cuttig out the middle man (RIAA members) and going direct to the public.

    12. False. IP Address is not associarted with a particular computer, person or computer account.
    False Network Address Translation (NAT) means IP addresses are not unique. Note the weasel words
    "at the same time" inserted then ignored.

    The telphone analogy is false, as phone numbers do not change between calls.

    14. Contradictory. P2P means peer-to-peer. You cannot really see who is offering a particular
    download as you are probably only talking to their peers, not the offerer themself. Hint: That's
    why it is called PEER to PEER. All metadata except IP address can be faked. eg. filename is
    not related to contents fo a file. IP Address is meaningless because of 14 and 12.

      15. Painstaking review is meaningless if the evidence just isn't contained in the raw data gathered.
    12. and 14. show that the inputs to teh "painstaking" analysis cannot be relied upon as evidence, so the results
    of the analysis can't be either.

    What happens if the RIAA has downloaded a file, which turns out to be music pirated from a non RIAA member?
    The RIAA are now pirates!

    16. IP address does not identify a person or computer. It identifies a connection to the internet, which may
    or may not correspond to a person or computer. IP address says nothing about who is controlling the connection to the internet (not necessarily the sucscriber: see worms, viruses, trojans)

    18. RIAA admits filenames are user defined. Link between filename and contents is tenuous.

    19. Are all P2P networks "Real time"? Perhaps Media sentry is only observing things after the event,
    when the onservation has had time to propagate though the network, and have no way of knowing when things really happened?

  53. Re:Inaccurate statements - a bunch more by TheMCP · · Score: 1

    Point 6 claims that a number of systems "attempted to capitalize on the growing illegal market that Napster fostered", and lists several, including BitTorrent. To my knowledge this is false about BitTorrent; I believe they distributed their software for free and have only attempted to capitalize on their software in lawful ways. Someone might want to contact them about this and ask if they might like to file some kind of statement with courts objecting to this attack on their reputation.

    Point 11 claims that determining what "infringing" files are available is as simple as searching a network to see what files are available. However, this is false: if I am offering a file called "madonna_holiday.mp3" that could be Madonna's song, it could be a recording of me commenting on Madonna's song, or it could be an audio ad encouraging listeners to visit a shrine, and there's no way to know without actually copying it to examine its contents... which could constitute copyright infringement on the part of MediaSentry if it is the song and they don't have permission from the copyright holder of the song to make a copy.

    Point 12, to clarify, falsely claims that an IP address uniquely identifies an individual computer while in fact it could be merely a sort of proxy address for any number of computers. To use their analogy, it's like the main phone number of a large company: there's only one number, but once you call it, the receptionist could direct your call to any number of internal phone numbers, which you won't necessarily ever know.

    To further clarify, Point 12 also falsely claims "The network provider maintains a log of IP address allocations." Many don't. Indeed, if the addresses are being allocated by DHCP, the provider has no particular incentive to maintain this information. If I'm an ISP, corporation, or college, what do I care who was using a particular number 6 weeks ago on thursday at 4:23am?

    Point 13 claims "MediaSentry finds individuals using P2P networks to share music files over the Internet." That's not what the earlier points say: the earlier points say that it finds listed files with names that imply that they might contain copyrighted works. It further claims "Just as any other user on the same P2P networks as these individuals would be able to do, MediaSentry is able to detect the infringement of copyrighted works and identify the users' IP addresses because the P2P software being used by those individuals has file-sharing features enabled." I have several issues with that. First, "infringement" constitutes actual copying, doesn't it? So, in order to "detect infringement", you'd have to be able to observe the act of a copy process being performed. If MediaSentry is the one doing the acual copying, then I'd ask a lawyer if that's entrapment. If MediaSentry is not the one doing the actual copying, I'd demand to know what evidence they have to show that an actual copying process occurred, as it would presumably have happened between the theoretically identified party and some third party as yet unnamed, and I doubt most P2P software facilitates third parties to observe transfer interactions between others. In other words, I'm saying that the fact that a file is copyable doesn't mean that it was in fact copied, and if being copied is what actually constitutes violation of the law, the file being copyable then presumably doesn't. A book is copyable, but owning a book doesn't mean I copied it.

    Further, the party that MediaSentry claims is offering the files may or may not be aware the files are being shared: it may be that the law might view the infringer as the person who requested and received the file, as it could be claimed that they did the copying, and that the person whose computer was "sharing" files may be no more guilty than someone who left a book laying around and unknowingly permitted someone to photocopy its pages while they weren't in the room.

    Point 14 clarifies that MediaSentry does actually download files. It doesn't clarify if they have a lawful right to d

  54. Line by line analysis of paragraph 12 by Anonymous Coward · · Score: 0
    I found this interesting and worth working through as an exercise in preparation for writing similar things. I hope that if I have to write something similar I do a better job than this :-)

    Users of P2P networks who distribute files over a network can be identified by using Inernet Protocol ("IP") addresses....

    this is incorrect as we will see; a there are many reasons why a user will not map to a particular IP address including the fact that most modern computers allow more than one user at a time (e.g. Windows and Macintosh "fast user switching" which was copied from FreeBSD via Linux)

    because the unique IP address of the computer offering the files for distribution can be captured by another user during a search or file transfer.

    some peer to peer systems, such as tor, sponsored by the US gouvernment and designed to allow freedom of speech in oppressive countries deliberately ensure that the IP address of the system connecting is different from the IP address of the system actually providing content. That is also true of freenet.

    Users of P2P networks can be identifyed by their IP addresses because each computer or network device (such as a router) that connects to a P2P network

    a router, almost by definition, does not directly connect to a P2P network.

    must have a unique IP address within the Internet to deliver files from one computer or network device to another

    This is an attempt to worm around the existence of NAT by claiming that it is the NAT device which is making the connnection to the network. Probably the intent is to say that the owner of the NAT device is responsible, however, it is not practical or possible to track connections on a NAT device simply because the level of logging generated is massive since it can be as many as several log writings per second per user when the user is e.g. downloading an HTTP page containing links to many images.

    Two computers cannot effectively function if they are connected to the Internet with the same IP address at the same time.

    Apart from NAT, there is another way in which a device can share an IP address with another system. Special software such as ettercap exists which is designed to allow a system to use the IP address of another system and even modify outgoing connections from the address of the other system. There is no practical way for any normal organisation to guarantee that this is not going on and even a government level organisation would require considerable resources to do so.

    This is analogous to the telephone system where each location has a unique number

    This analogy is very good. In the phone system we have things like "call centres" where many people have the same number (NAT) and we are also able to use someone elses number by connecting our phone to their line outside their house. In the phone system I could even create a phone which rings with your number with very little difficulty. That is exactly like IP.

    For example in a particular home, there may be three or four different telephones, but only one call can be placed at the same time to or from this phone

    Not only is this wrong since ISDN phones support multiple lines (two is standard) but this is a point where the telephone to IP analogy breaks down since there are special numbers (TCP and UDP port numbers) which allow multiple connections to be connected to the same IP address. A typical example of this is that you can download two files at the same time. These port numbers can be used by tools such as ettercap to initiate connections which use another computers IP address but will (almost) never interfere with the normal operation of that other computer. Each computer or network device is connect to a network that is administered by an organisa

  55. Re:Gee, what does this person expect to hear? by hoffmang · · Score: 0

    It's always amusing to see engineers try to apply their logic to the law.

    Good enough is not a standard for QA as binary doesn't like failure cases.

    In civil law (less criminal) the standards are a preponderance of the evidence. Its why OJ walked on murder but lost on wrongful death.

    Does an IP address identify a unique person? No. Does the DHCPd.leases file at the University lead you to the right machine on campus by MAC address? Yes. Does ownership of that machine often resolve down to one person? Generally excepting someone running a WAP, but even there there may be logs of MAC addresses connected. Good luck claiming that its your roomate's machine when your term papers are on it and it matches the MAC address hand out. You can choose a copyright civil case or a plagiarism violation.

    The burden of proof to get discovery to figure out who a copyright owner is suing is pretty darn low. If you don't want to be a Doe in this case then you should only mooch off of P2P networks. It is a stretch for the RIAA to claim that you neccessarily copied the file illegally - you could have ripped it from your own collection. However, its not a stretch at all to accuse you and recover damages from you for publishing those files publicly - whether you understood it or not. Copyright infringement does not take scienter.

  56. Lenares by Anonymous Coward · · Score: 0

    Rebeca Lenares, nice pussy.

  57. Line by line analysis of paragraph 12 - fmt fix by Anonymous Coward · · Score: 0
    I found this interesting and worth working through as an exercise in preparation for writing similar things. I hope that if I have to write something similar I do a better job than this :-)

    Users of P2P networks who distribute files over a network can be identified by using Inernet Protocol ("IP") addresses....

    this is incorrect as we will see; a there are many reasons why a user will not map to a particular IP address including the fact that most modern computers allow more than one user at a time (e.g. Windows and Macintosh "fast user switching" which was copied from FreeBSD via Linux)

    because the unique IP address of the computer offering the files for distribution can be captured by another user during a search or file transfer.

    some peer to peer systems, such as tor, sponsored by the US gouvernment and designed to allow freedom of speech in oppressive countries deliberately ensure that the IP address of the system connecting is different from the IP address of the system actually providing content. That is also true of freenet.

    Users of P2P networks can be identifyed by their IP addresses because each computer or network device (such as a router) that connects to a P2P network

    a router, almost by definition, does not directly connect to a P2P network.

    must have a unique IP address within the Internet to deliver files from one computer or network device to another

    This is an attempt to worm around the existence of NAT by claiming that it is the NAT device which is making the connnection to the network. Probably the intent is to say that the owner of the NAT device is responsible, however, it is not practical or possible to track connections on a NAT device simply because the level of logging generated is massive since it can be as many as several log writings per second per user when the user is e.g. downloading an HTTP page containing links to many images.

    Two computers cannot effectively function if they are connected to the Internet with the same IP address at the same time.

    Apart from NAT, there is another way in which a device can share an IP address with another system. Special software such as ettercap exists which is designed to allow a system to use the IP address of another system and even modify outgoing connections from the address of the other system. There is no practical way for any normal organisation to guarantee that this is not going on and even a government level organisation would require considerable resources to do so.

    This is analogous to the telephone system where each location has a unique number

    This analogy is very good. In the phone system we have things like "call centres" where many people have the same number (NAT) and we are also able to use someone elses number by connecting our phone to their line outside their house. In the phone system I could even create a phone which rings with your number with very little difficulty. That is exactly like IP.

    For example in a particular home, there may be three or four different telephones, but only one call can be placed at the same time to or from this phone

    Not only is this wrong since ISDN phones support multiple lines (two is standard) but this is a point where the telephone to IP analogy breaks down since there are special numbers (TCP and UDP port numbers) which allow multiple connections to be connected to the same IP address. A typical example of this is that you can download two files at the same time.

    These port numbers can be used by tools such as ettercap to initiate connections which use another computers IP address but will (almost) never interfere with the normal operation of that other computer.

    Each computer or n

  58. NAT by Anonymous Coward · · Score: 0

    NAT gets worse than that. Since Network Address translation stacks. I have a router using DHCP and NAT which I turn off thus having a continually shifting IP address. Yet this proxy router is behind another router using DHCP and NAT which has it's own address. So each shift moves things down. Then we have to add in the ease of hacking unsecured wireless...

  59. RIAA is also breaking the copyright law! by xenobyte · · Score: 2, Interesting

    They download files suspected of violating their clients rights, but they have no idea whether the file really is what it claims to be, nor whether the copyright owner actually has licensed the work to be shared by P2P networks but only to be used for personal enjoyment, not for law enforcement purposes and similar. Remember, the copyright owner can make such limitations, which actually are tame compared to some of the limitations RIAA routinely puts on their 'property'.

    In my opinion just one file illegally downloaded by RIAA invalidates their entire legal process. In civilian law there are no loopholes that allow for breaking some laws in order to enforce others - and that's a very good thing.

    --
    "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
  60. Okie by Sycraft-fu · · Score: 2, Interesting
    Here are the things I'd point out as grossly wrong in the document.

    #6 claims that "similar online media distribution systems emerged and attempted to capitalize on the growing illegal market Napster fostered," followed by examples. This statement is provably incorrect in two ways. The first is that most, probably all, of these networks are not designed for media sharing, they are designed for file sharing. I only personally have knowledge of Bittorrent, eDonkey and DirectConnect but in all those cases the software is designed to share any and all files a user wishes, with no special exclusivity for media. Some, like the eDonkey variant eMule can restrict searches to various types of files (such as just video or music) but it does so only via the extension of the file. Others, like Bittorrent, have no such capability at all since search isn't an included part of the protocol. Bittorrent is just a distributed HTTP mechanism, searching is added through other means.

    The second is that they are designed and/or primarily utilized for illegal purposes. Bittorrent, being highly popular, is the best example. It was designed simply to allow peer-to-peer downloading of files from websites to take the load off of a single server. It is currently extremely widely used for legitimate purposes. One of the largest would be the patch mechanism for Blizzard Entertainment's (a subsidiary of Vivendi Games) MMORPG World of Warcraft. The official patch mechanism form Blizzard uses Bittorrent so as to lessen the load on Blizzard's own servers. Another high profile use would be Linux distribution, nearly every Linux distro's preferred method of distribution is Bittorrent.

    #9 claims that the RIAA members lose massive amounts of revenue to P2P copying. However there is no proof of this offered, and indeed I am aware of no proof out there. The only empirically valid, peer reviewed study I am aware of at this point is a 2005 study conducted by UNC Chapel Hill and Harvard (found here) which found: "Using detailed records of transfers of digital music files, we find that file sharing has no statistically significant effect on purchases of the average album in our sample. In specifications that identify the effect of file sharing on sales relatively precisely, we reject the hypothesis that file sharing is responsible for the majority of lost sales." To the extent the RIAA has offered any figures at all it is based off of the assumption that every copy made is money lost, at full retail value. This is of course false because it fails to take in to account several factors:

    1) The music producers do not receive the full retail price for each album.
    2) Some people who made a copy of the music, never would have purchased it had it not been available for free. They simply were unwilling or unable to spend the money, and as such nothing has been lost.
    3) Some people may have bought some of the music they had downloaded, had they been unable to get it for free, but not all of it. For example a university student with a disposable income of less than $100 per month would clearly not purchase 100 albums costing in excess of $10 each, even if they downloaded that many. Thus while some sales may have been lost, not all of them have.
    4) Some people may have bought more as a result of their downloading. They download songs as a sort of "virtual window shopping" and when they find ones they like, they purchase the CD. Thus sales are actually gained.

    The RIAA's model for calculation could be mathematically stated as L = D * R where L is the amount of loss in dollars, D is the number of downloads presumed to have taken place and R is the average retail price. This is clearly overly simplistic and thus incorrect. A real formula would look more like L = D * P1 * W - D * P2 * W where L is the amount of loss in dollars, D is the number of downloads presumed to have taken place, P1 is the percentage of the time people did NOT bu

  61. Point 12 is false, without it the rest is moot by Joce640k · · Score: 3, Informative

    IP addresses don't identify a person, only a junction point in the network (router).

    To use their telephone analogy: If you dial a "1-800" there isn't a single telephone and single person answering it, there's a whole network of telephones and many operators to answer them. The Internet works exactly the same way, if anything this "routing" of connections is even more common than in the telephone network.

    IP addresses are actually in short supply (there's only a few hundred million of them...) so most people don't even have the option of having single IP address = single computer.

    Then there's WiFi.... most home broadband connections are supplied with a wireless router and these routers are unsecured by default. Anybody within a half mile radius can connect and use the internet connection. These people will have the same IP address as the legitimate owner of the router. This practice of using other people's connections is very common in highly populated areas (I personally know two people who do it...)

    Even if password access is enabled, the standard "WEP" encryption can be broken in a matter of minutes using freely downloadable software (type "wep cracker" into google and you'll get you a whole list of them).

    So...premise 12 is wrong. Without it the rest of the document is moot.

    --
    No sig today...
    1. Re:Point 12 is false, without it the rest is moot by NewYorkCountryLawyer · · Score: 1

      Thanks, joce640k.

      --
      Ray Beckerman +5 Insightful
  62. Re:Inaccurate statements - a bunch more by Anonymous Coward · · Score: 0

    The police based a case on point 12 against me, while I could prove quite reliably that the logs weren't in any way correct, or verifiable. (They dropped the case when I had a chat with their experts).

  63. A way to explain all the technical problems... by Kiuas · · Score: 2, Funny

    I think there are enough holes in their statements to bring it into question, but this stuff is very technical and may be difficult to explain in court, although the MPAA is trying to do the same, albeit poorly.
    One could always explain it in court using the defensive strategy that never fails:
    "Ladies and gentlemen, this is Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk. But Chewbacca lives on the planet Endor. Now think about it; that does not make sense! Why would a Wookiee, an eight-foot tall Wookiee, 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! None of this makes sense! And so you have to remember, when you're in that jury room deliberatin' and conjugatin' the Emancipation Proclamation, 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."
    --
    "It is the business of the future to be dangerous" -Alfred North Whitehead
  64. Re:Inaccurate statements - a bunch more by NewYorkCountryLawyer · · Score: 1

    Thanks, TheMCP.

    --
    Ray Beckerman +5 Insightful
  65. Re:Gee, what does this person expect to hear? by NewYorkCountryLawyer · · Score: 1

    Thank you, Kokuyo.

    --
    Ray Beckerman +5 Insightful
  66. even if ip = machine = user by tsee · · Score: 1

    Even if you allow (which i don't) that the ip address corresponds to 1 machine and 1 user it means nothing. How do you know that the machine isn't acting as a proxy for someone else who is downloading? Point 12 ignores the fact that there is software between the ip address and the keyboard/display. It wouldn't be that hard ( especially in a college environment) to use someone elses machine without their knowledge or consent, as a proxy for downloading. It might be worth thinking about the "other end of the spectrum" which is electronic signatures. There are places today where people and organizations agree that electronic signatures are valid. The only way electronic signatures are valid is when you have a closed loop between the thing being signed, the software signing it, and the user at the keyboard/display.

  67. NAT, DHCP , routing by Anonymous Coward · · Score: 0

    a) An IP address can crrespond to more than one computer. NAT (Network Adress Translation) is very common and used by comercial as well as private users across the globe. It is also common in universities.

    b) A single computer can have more than one IP address.

    c) Which computer(s) an IP adress corresponds to can ( and commonly does ) change with time. On any network that uses DHCP (Dynamic Host Configuration Protocol) clients are assigned a new IP address whenever they reset their connection. This may or may not be the same IP address as they had the last time they connected.

    d)Many wireless networks are poorly secured and it is thus easy ( easy as in I could teach my mother how to do it ) to use someone else's connection.

    Basically, unless the ISP logs every DHCP request they can't tell which subscriber used what IP adress at any point in the past, and even if they can tell what subscriber used a particular IP adress, it is still very possible ( and common ) that the same conection was shared by a large number of computers. Furthermore, if there is a wireless connection at any point along the network it may be impossible to even tell how many computers used the particular IP at any given time.

  68. NOT...EVEN....CLOSE by tacokill · · Score: 1

    No, its not the same.

    Here's why: Slashdot tends to focus on technical and scientific discussions about various things. Many times, the things in these articles can be quantified and understood as to how they work and operate. That is very different from any discussion on evolution because there is more objectivity available to understand it. In simplest terms: there are right answers when it comes to science and technology, and especially computers. And by "right", I mean -- they can be verified or not.

    Slashdot is an excellent forum to learn about these things. There are lots of smart people here so overall, this is an excellent place to study something like this. A highly educated readership with a very firm understanding of how the internet system works is exactly who should be discussing "holes" in this case. Once you get outside the trite "RIAA suxors" comments, I can think of few places that have a higher signal to noise ratio on this subject than Slashdot.

    Funny enough, I remember wondering about the IP address = person since the very first court case I read about. Not surprisingly, I am not the only one who saw that issue --- Slashdot folks were all over it. That is just one example of thousands I can think of where the discussions on Slashdot identified serious issues with whatever story was being reported. In almost all of the cases, the information was important but not necessarily understood by the general public or mainstream media so the discussion on Slashdot was invaluable to understanding what was really going on.

    1. Re:NOT...EVEN....CLOSE by Omnifarious · · Score: 1

      This is definitely true. But even among the technically literate posts I would expect to see more posts about how the technique didn't work than about how it did, regardless of how good it actually was. It has also struck me that narrowing things down by IP address is only a mediocre way to go about this.

  69. Re:Gee, what does this person expect to hear? by Omnifarious · · Score: 0, Offtopic

    Then, perhaps instead of calling for an impartial "Does this technique have merit?" a more honest "I would like to know all the ways this technique doesn't work, and in order to build a good defense it would also be helpful if you would all play devil's advocate and tell me all the ways in which it does.". That would've left me scratching my head a little less.

    Of course, well written summaries has never really been Slashdot's strong suite.

  70. he's wrong by mr_musan · · Score: 1

    He can't possibly have enough money to be right, so there for he must be wrong

    Whats more he is guilty of not being right and for changing the people who have the most money... i mean who are right

    Suggested punishment a life time of RIAA's greatest "hits", with no shuffle

  71. Re:Provable ID problem by Anonymous Coward · · Score: 0

    His declaration under penalty of purgery under the laws of the United States...

    If you are that unfamiliar with the laws of the United States that you don't even know how to spell perjury, then why should anybody take your claims about USA law seriously? Would you trust a brain surgeon who thought your "brane" was inside your "scull"? Or would you think "Hang on, this guy can't have ever read a biology textbook in his life"?

  72. Comments on the affidavit by bbernard · · Score: 2, Interesting

    In my opinion as a network and network security professional, the affidavit takes some liberties with the truth of IP networking. Most blatantly it ignores the technologies of NAT and PAT, and assumes that the IP address presented to the Internet belongs to a single computer, and that this computer is owned and operated by the person who the IP address was assigned to. To me, this is the crux of the whole argument: You simply can NOT determine the identity of a USER by the IP address shown to the Internet. You can only identify the owner/subscriber of the connection to the Internet. You MUST do further evidence gathering to complete the discovery process and identify a person.

    Here are my thoughts paragraph by paragraph. I hope they're helpful. If not, I hope they're at least not dry. FULL DISCLOSURE: I've never actually used any P2P network software, but then again when I was in college "gopher" was a cool utility.

    6. "At any given moment, millions of people illegally use online media distribution systems to upload or download copyrighted material." By who's count? Where did this number come from? How many millions of people are on the Internet? Is he saying that such a huge percentage of the users of the Internet are "at any given time" ALL illegally sharing files?

    8. "Thus, the vast majority of the content that is copied and distributed on P2P networks is unauthorized by the copyright owner" This statement is far too broad. Again, what evidence does he have? Is he further stating that the vast majority of the files on P2P networks are music files? Again, by what evidence?

    12. "Users of P2P networks...can be identified by using Internet Protocol ("IP") addresses because the unique IP address of the computer offering the files for distribution can be captured..." This is factually incorrect. While the IP address being presented to the Internet can be determined, this IP address may represent any number of distinct computers due to technologies such as Network Address Translation (NAT) and Port Address Translation (PAT). If the "unique IP address" of the actual computer can still be identified by the P2P client (which I can not speak to having never actually used P2P software) that addresses is not necessarily permanent either. The technology of Dynamic Host Control Protocol (DHCP) allows for the temporary assignment of IP addresses to computers. This means that the IP address of the computer in question may have changed between the time of the alleged distribution of copyrighted materials and the time of the investigation of that. Further still, and IP address is assigned to a computer, not to a person. This argument does not, in any way, indicate any correlation between IP address and person. It is more akin to identifying a driver based on a photograph of the license plate of the car. Yes, you may know who owns the car, but you don't know who was driving. For that matter, you don't know if somebody lifted the license plate and put it on a different car.

    12. "Two computes cannot effectively function if they are connected to the Internet with the same IP address at the same time." This does not account for methods of hijacking an IP address, nor does it account for the NAT or PAT technologies discussed earlier.

    12. "This is analogous to the telephone system where each location has a unique number." In so far as you can identify the "owner" of the telephone number, but you still haven't identified who placed the call.

    16. "Once provided with the IP address, plus the date and time of the infringing activity...can identify the computer from which the infringement occurred (and the name and address of the subscriber that controls that computer)." There is an assumption here that there is no NAT or PAT occurring on the network. More correctly, what can be identified is the subscriber to whom the IP has been assigned. That IP may represent a single computer or a network of computers. That network may include publicly accessible connections, and unless the RIAA has done the due-diligence to determine that the subscriber who had the IP address at that time has a secure and locked-down network, they still have not even identified an actual computer yet.

    --
    ----- Connection reset by beer
    1. Re:Comments on the affidavit by NewYorkCountryLawyer · · Score: 1

      Thanks, bbernard. Excellent post.

      --
      Ray Beckerman +5 Insightful
  73. There are the radicals among us.... by manowar821 · · Score: 1

    There are those of us who believe that piracy is an appropriate way of obtaining software, music, and other files, depending on the situation.

    For myself, it's not so much that I believe stealing is acceptable, because I don't. It's a form of disrespect, showing my complete disgust for companies who dare to charge money for their crappy products, or for companies who hold monopolies on certain markets.

    I paid for vista upgrade, and did a full install with it. It'll be a cold day in hell that I'll pay extra to get the same thing. I paid for some of my music CDs, the one's that are worth it (they actually need my money), and the ones I could actually find at stores. If they're only mediocre, or they're completely not existent in record stores, I download it. If the software is crappy, but I need it because of a monopoly, I pirate it. If there is any reason why I believe the company is inherently evil, I pirate their products. If they charge 400 dollars for a simple photo editing suit, I pirate it.

    Stop shitty business practices, and the piracy will slow, I guarantee it. It won't stop, because there are greedy people out there, but I'm sure it will slow down.

    I'm lucky that I don't download any music that is actually under the RIAAs thumb. I tend to stick to electronic artists and punk artists who literally want you to copy and share their music. That's a true musician anyway, IMO. Ironically, I give these people money for their products if possible.

    I'm not one to be muscled out of my money, not by a mugger, and not by a corporation. I'd rather go down fighting and stabbing back.



    - A Pirate. ARRRRRRRRRRR!

    --
    Internet: Serious Business
  74. Identifiying somebody by IP address is dumb by guruevi · · Score: 1

    Let me take you back to the olden days when ISP's didn't care what you did with your internet, back when I was hacking (as in the white hat/programming scene) something back in the day with my 14k4 Telindus hardware-based modem (you could key in the phone number on the modem, that type of old).

    I noticed that it is perfectly possible for different boxes to have the same public IP for a long time without noticeable problems. You could get to servers and gopher around and although it would seem that you'd have problems with mismatched packets, the routers on the backbone seemed to get around (they remember your original route for a while) unless of course you tried going to the same server. Now if you had a private network (or a tunnel on another IP/connection) and the skillset to code you could use that to route around those problems too and I found out that it was relatively easy to have a sort of redundant client/server system spread out on the net and each router would route the data for that IP to it's cheapest destination and I had a few systems all over the world which were accessible on the same IP.

    A few years later in a more professional setting we used the same type of workaround in a datacenter (also public IP) to load balance a cluster. Give all servers the same public IP and just let the routers/switches route around any type of malfunction whether it was on the net or local. It would generate a lot of broadcasting and duplicate packets (it's thus quite expensive) and required it's own VLAN to not bring down the rest of the datacenter but it's cheap and it works and if you have the right daemons to handle your request, you could be quite efficient.

    I would definitely use it for anonymizing myself somewhat or if I'd have a botnet. Of course these days routers and firewalls have this thing that it won't route out data that isn't from it's own network range, but there are enough less-than-perfect ISP's that don't check for that.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  75. One more point about WiFi.... by Joce640k · · Score: 2, Insightful

    If there are several WiFi access points available, Windows will pick one almost at random unless you tell it otherwise (which not everybody knows how to do...)

    This leads to people install WiFi in their house via "home installation kits" but they're really using their neighbor's WiFi without knowing it.

    This isn't a contrived example, it really happens. I've personally seen people using P2P software on their neighbor's WiFi connection even though they have their own access point. They're not doing this maliciously, they're doing it out of pure ignorance because they don't know what router they're connected to (and don't really care).

    Even if you look at the list of available networks, chances are that all you see is a bunch of things labeled "Motorola", "Linksys", "Comtrend", etc. - nothing which really indicates which is your router.
    If both you and your neighbour have Motorola modems then which do you pick? You have 50:50 chance of using your own connection as there's no way to tell them apart without reconfiguring your own modem to something other than "Motorola" (change the "SSID").

    Changing the SSID isn't trivial for the average user so many won't bother - they're connected, they're happy.

    Just to emphasise: I'm not talking about extreme cases here, this is quite common in my experience.

    --
    No sig today...
  76. NAT not the only issue by Anonymous Coward · · Score: 0

    Depending on the network architechture and technology, it is usually possible to use an IP assigned to another machine. With some it is a simple as guessing based on the IP address a device is assigned to guess the address of another device connected to the same point, such as a LAN. If that device is not connected then it is trivial to use that devices IP address instead of the one assigned. As for the notion that a MAC address identifies a device that is completely false. It is effectively true, that every device is assigned unique MAC address by the manufacturer. It is also a feature of every device that I know of that the MAC address can be reprogrammed as frequently as desired. So the notion that either or both, an IP or MAC address are reliable identifiers of a device, much less a person is false.

  77. Re:Provable ID problem by moderatorrater · · Score: 1

    Let's not forget in this analogy that someone in their suburban home in Los Angeles can make the phone number on your caller id look like it was from the Four Seasons in New York.

  78. ISPs Are Not The Same by Anonymous Coward · · Score: 0

    I work at a mid-sized cable company on the business side of the Internet division. As you will see, its better I remain anonymous

    The discussion so-far has revolved around technical and legal analysis. There is a far more important point that has to be considered. Each ISP has its own set of policies and procedures for running the network. These vary based on the different types of network hardware installed, software versions, legacy constraints, contractual and regulatory peculiarities, maintenance budgets, business strategy and the competence of the employees. No two ISPs run things exactly the same way.

    For example, my company is planning to charge customers for some types of usage. Implementing has been a nightmare. We found in one area with 350k subscribers that 18,000 had given themselves static IPs. 18,000! It wasn't supposed to be possible, so we never looked for it. In another case, because accurate assigning of use had never been an issue, we had no measures to prevent MAC spoofing. It turned out there was a LOT of MAC spoofing going on. We turned on some previously unused DOCSIS features that eliminated 99% of the spoofing. But the point is we simply hadn't bothered because it was not a problem for us or the customers. Until a recent update of a particular platform, the accuracy of the IP to MAC match was so shaky we couldn't send anyone a bill.

    My company is actually well run. It does 5,000 things right and 50 things wrong. Its a big complicated business. You fix the problems that most impact the customers. We do it well and can still turn up stupid things like I described. Every ISP or big network has problems. Without specific knowledge of how a particular ISP runs its business, there is no way to know how accurate a particular bit of remotely captured information may be. The only experts are the people who work at the ISP.

  79. Only the beginning by moxley · · Score: 1

    What really freaks me out is what will happen if the RIAA gets it's way? The implications for music, file sharing, and privacy are very, very bad - but that's not even the half of it..

    It's what would follow this precedent being set in regard to other industries and government intrusion into the home that makes it even scarier...What other industries and government agencies would like to be able to control what you do and use these sorts of tactics and intimidation to do so?

    Look at how corrupt our system in the US is. I am not saying that every court or gov. official is corrupt - but it is apparent that when there is a particular precedence that the 'powers that be' would like to have set, they usually find a way to do it. If they lose or get stopped on one front, they proceed on another.

    This is why I think even people who think this doesn't affect them because they never downloaded anything, or people who claim to agree with the RIAA (which, for the record, treats artists like shit - they are friends of the big business record labels, NOT the artists) should be concerned - because if they get their way with any of this stuff it is only the beginning.

  80. Re:Gee, what does this person expect to hear? by dlim · · Score: 2, Interesting

    I was under the impression that the point of modding a post is to show that you appreciated the content of the post and to make it more visible to others who may not read every post in the discussion (or TFA), thus contributing to the community. Does it really matter if you can increase someone's karma?

  81. Can RIAA detect file is illegal by listening? by Ms.+Doe · · Score: 2, Interesting

    No one has yet addressed the question of how RIAA can tell whether files on my computer are licensed or unlicensed by listening. Lineres' said *** The RIAA also listens to the downloaded music files from these users in order to confirm that they are, indeed, illegal copies of sound recordings whose copyrights are owned RIAA members.*** (para. 15) and ***The RIAA downloaded and listened to a representative sample of the music files being offered for download by each Defendant and was able to confirm that the files each Defendant was offering for distribution were illegal copies of sound recordings whose copyrights are owned by RIAA members. *** (para. 18) Is there anyone with technical credentials who can say that Lineres was lying since it is impossible to distinguish between licensed sound files and unlicensed ("illegal") copies by listening?

  82. Re:Provable ID problem by bidule · · Score: 1

    His declaration under penalty of purgery under the laws of the United States that the foregoing are true and correct should have had peer review so they would indeed be true and correct. They are not and is easly proven so.


    So, who will be giving the enema if he is full of shit?
    --
    ID: the nose did not occur naturally, how would we wear glasses otherwise? (apologies to Voltaire)
  83. Does this analogy work? by Anonymous Coward · · Score: 0

    Can my IP address logically be compared to the license plates on my car? Just because my car (or a car bearing my license plates or a facsimile of them) might be alleged by a third party to have been used in the commission of a crime doesn't mean that I'm guilty.
    The motor vehicle agency has a record that I own a particular vehicle that plate number is assigned to. If a third party claims a crime was committed using a vehicle identified with plates bearing the same number as mine, how much of my information can the motor vehicle agency divulge to a third party who would like to sue me? Could they get access to my vehicle's GPS system history that shows every place I've ever been in that car?
    My car can be stolen (hotwired, keys stolen, etc.), my license plates can be removed from the car and put on a different car (even one of the same make-model and year), or fake plates can be created that bear the same license number as my plates and used in the commission of a crime. My car's license plate number is not ME.

  84. Re:Provable ID problem by janrinok · · Score: 1

    I agree with the point that you make. However, if you discount the replies which contain incorrect spelling or non-existent words there will not be much left to read. E.g. from this topic alone: convience, gonna, and of course purgery. On the other hand, that might not be such a bad idea....

    --
    Have a look at soylentnews.org for a different view
  85. "Circumstantial Evidence" by westlake · · Score: 1
    But they do need to prove you guilty beyond circumstantial evidence

    This is flat-out wrong.

    In a civil case there is a simple "finding" of fact for the plaintiff or defendant.

    Circumstantial evidence is evidence. Most of the time, it is the only evidence a jury will ever see.

    In practice, circumstantial evidence often has an advantage over direct evidence in that it is more difficult to suppress or fabricate.
    Much of the evidence against Timothy McVeigh was circumstantial, for example. Speaking about McVeigh's trial, University of Michigan law professor Robert Precht said, "Circumstantial evidence can be, and often is much more powerful than direct evidence." Circumstantial evidence

  86. Welcome to your Nightmare by Nom+du+Keyboard · · Score: 1
    Carlos Linares, welcome to your Slashdot nightmare!

    You saying you're right, and a thousand smarter people shouting that you're wrong!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  87. BREAKING NEWS -- RIAA Violates Copyrights by bratwiz · · Score: 1


    The RIAA itself violates copyrights in its search for alleged violators. They claim they have investigators who snooop through potential violators systems and actually LISTEN to music / media files found on that system. THEY THEMSELVES are guilty of copyright violation for EVERY INSTANCE of viewing or listening to a song or media file they do NOT have copy rights (ownership or stewardship) over. If they listen to ONE family sing-along, or watch ONE family vacation outing, the RIAA and its investigators are IMMEDIATELY guilty of what they are alledging of others. One wonders if it would be possible to tell the RIAA to go SUE itself...??

  88. Re:Provable ID problem by Anonymous Coward · · Score: 0

    However, if you discount the replies which contain incorrect spelling or non-existent words there will not be much left to read.

    Sure. But I don't read things for the sake of reading. I like to read useful information. Informed opinions are useful information. Opinions based on guesswork from laymen are not. So a big mix of the two is just a waste of time; you need to sort the wheat from the chaff, the signal from the noise. Saying that "there isn't much left" is basically saying that the comments are mostly noise with little actual useful information. That's the real problem, not that there isn't much left to read after you are done throwing away the noise.

    E.g. from this topic alone: convience, gonna, and of course purgery.

    No, I'm not complaining about bad spelling. Look, if you've got the slightest familiarity with the law, you will have read the word "perjury" thousands of times. Being unable to spell it is a sign that a) you don't have the slightest familiarity with the law, or b) you're an idiot. And just because somebody always brings it up, no dyslexia doesn't matter. If you are dyslexic, there was something invented decades ago called a spelling checker, and if you are dyslexic and you don't use one, you fall into the second category.

  89. normal rate by tomclntn2 · · Score: 1

    at the normal 60 - 80 hour work week that most associates are supposed to put in, that's about $50 - $67 per hour that each associate makes -- after at least 7 years of college, with its requisite college loans of probably $300,000 that they have to pay out. Anyone want to trade places?

    1. Re:normal rate by GodInHell · · Score: 1

      $300,000 is a bit high... but your math is otherwise right on.

      -GiH

  90. Updated list for RIAA associated labels by idleminds · · Score: 1
    You can find an updated RIAA list of labels here - http://www.riaaradar.com/ The website looks like they try and stay current. The website also offers a tool that will tell you if that label is RIAA associated. I've been using Riaa Radar's tool to find similar non-RIAA associated music for several years now and I'm extremely happy with the music I probably would have never known about otherwise.

    A couple of things that have made the issue more complex: the RIAA has been known to inflate their membership roster and require Indie labels to sue inorder to be removed (the indies were afraid RIAA association would hurt their sales). Inflating the RIAA roster helps them claim they represent "90% of the music sold in the United States" (which most of congress seem to believe). Secondly, the RIAA has known it's been unpopular for years and that people were avoiding buying their members labels. So larger labels began to dividing off and renaming smaller labels to seem independent.

    There's rarely a good reason why a trade organization feels so compeled to keep their membership secret. Do you think RIAA knows that downloading hasn't caused their loss in sales?

  91. I think we need to say more about NAT by maird · · Score: 2, Informative

    Late arrival, sorry. I agree with all of the comments about the existence of NAT demonstrating point 12 is not true but none closed the circle for me.

    It is a fact that IP addresses do not have to be unique across the entire Internet in order for IP routing to function. Translating routers permit this to be the case and, therefore, the declaration is factually incorrect in its attempt to characterize IP routing in point 12. But I think that you need to say more in order to truly debunk point 12. NAT is a border technology but at some point IP addresses do have to be unique for much of what people use the Internet for and that is why I think you need to say more than just that NAT means IP addresses don't have to be and frequently aren't unique.

    Consider a case where my node address is 192.168.1.1 (a RFC 1918 private IP address commonly used on a translated network). Assume I use a NAT router. Assume you also use a NAT router but we are not using the same NAT router. Let your IP address also be 192.168.1.1 then. This configuration will function to your and my satisfaction. But, in this scenario I cannot send IP packets to your computer, there is no IP route to it from my host. Yet, despite this undeniable fact, we can share files with each other using most P2P technologies. Therefore, uniqueness of IP addresses appears irrelevant to the functionality of P2P technologies making much of point 12, as written, irrelevant - in addition to just being wrong. Nevertheless, in order for MediaSentry to even have a list of IP addresses for the RIAA to ask the identity of then they must be observing P2P clients that ultimately have had packets reach the public, routable Internet. Therefore, you still need to say more about point 12 since it is end-user identity that is at issue.

    Point 12 is attempting to assert that an IP address is a suitable proxy for end-user identity. Plainly my true identity in the IP arena is 192.168.1.1, as is yours. So, 192.168.1.1 is ambiguous as an identity. There has to be a disambiguation that happens somewhere since we are successfully sharing files even though we have the same ultimate identity. Therefore, even though the existence of NAT demonstrates that much of point 12 simply isn't true and irrelevant, that isn't really the point. Can the IP addresses that you do see on the outside (i.e. the one MediaSentry must see) uniquely identify someone. The IP addresses observed by MediaSentry are undeniably unique IP addresses.

    Ironically, point 12 appears to address this by shooting itself in the foot with phone analogy: "in a particular home there may be three or four different telephones, but only one call can be placed at a time to or from that home". Absolutely true, but there may also be three or four people living in that home and knowledge that a call was placed from that number to another number, or vice-versa indicates nothing about which individual placed that call. Further, someone may be visiting and ask to use my phone. I may receive a call for a neighbour and go get them to take the call at my home. There may even be a burglar that makes a call while present in my home. IOW, the number itself is a point where multiplexing takes place and the target of the multiplexing is transparent/invisible to the network. NAT does the same thing for IP networks but can do an additional thing the phone can't. A NAT router can (metaphorically) take multiple calls at the same time (potentially more than sixty thousand) and each one has the same multiplexing potential as the phone example.

    The point where multiplexing takes place, the phone number, does not identify a user (it identifies a subscriber). The phone company cannot sell service to a specific user, only to a specific subscriber (for the family, visitors and burglar reasons above). The IP address as seen by MediaSentry does not identify a user, it identifies a subscriber (for the same reasons as for the phone). Therefore, point 12 actually uses the phone analogy to conclusively demonstrate th

    1. Re:I think we need to say more about NAT by Joce640k · · Score: 1

      "Consider a case where my node address is 192.168.1.1 (a RFC 1918 private IP address commonly used on a translated network). Assume I use a NAT router. Assume you also use a NAT router but we are not using the same NAT router. Let your IP address also be 192.168.1.1 then. This configuration will function to your and my satisfaction. But, in this scenario I cannot send IP packets to your computer, there is no IP route to it from my host."

      Yes there is.

      I need to know the address of your NAT router and your NAT router has to be configured to forward incoming connections to internal address 192.168.1.1.

      I then open a connection to your router and bingo! We're connected.

      "Plainly my true identity in the IP arena is 192.168.1.1, as is yours. So, 192.168.1.1 is ambiguous as an identity"

      This is only your identity on your internal subnet. The RIAA will see the address of your NAT router... ...and this is where point 12 falls apart. There may be many, many people (millions!) behind that NAT router. The IP address of the router doesn't even begin to identify an individual person as the RIAA claims it does.

      --
      No sig today...
    2. Re:I think we need to say more about NAT by maird · · Score: 1

      "I need to know the address of your NAT router and your NAT router has to be configured to forward incoming connections to internal address 192.168.1.1."

      While this is a legitimate configuration it is not required for any P2P technologies I am familiar with and it is not common for anyone to configure their NAT router to do port forwarding in order to use a P2P client. For example, I occasionally use BitTorrent to download Linux ISOs. I use a NAT router but I have no port forwarding rules related to BitTorrent because none are required. In NetFilter/iptables nomenclature, DNAT is not required for P2P clients, only SNAT. Besides, even if I needed and had DNAT rules you still wouldn't have any knowledge from the outside that my actual IP address is 192.168.1.1 so you still couldn't identify my address as the source of the traffic (see my response to your other point below). I suppose I should pre-empt any complaint that SNAT is nothing more than dynamically created DNAT rules. That's true but the fact that they are dynamic is core to the fallacy that a public IP address that can be known to MediaSentry can be used as a proxy for a specific user's identity. No part of an IP header on the public side of a NAT router conclusively indicates to anything other than the NAT router itself what the actual private end-point is for the traffic.

      "I then open a connection to your router and bingo! We're connected."

      Well, since I didn't have to configure DNAT (port forwarding) on my router to use the P2P clients the RIAA is interested in my use of then that is moot. In a basic NAT router configuration suitable for P2P client usage you cannot connect to my router and be connected to me. Few users will go beyond a basic configuration.

      "This is only your identity on your internal subnet. The RIAA will see the address of your NAT router"

      No, my internal node address is the closest possible thing to my whole and sole identity and, yes, MediaSentry will see the address of my NAT router. That is the crux of my point. Consider my brother with IP address 192.168.1.2 using the same NAT router as me. What is observed by MediaSentry as his IP address is the same as what is observed as my IP address - the public IP address on the public side of our NAT router. Therefore, the public IP address does not identify him or me specifically and our actual IP addresses are invisible to the outside world and can be non-unique across the entire Internet. Perhaps you are too concerned about my assertion that you and I might have the same IP address behind different NAT routers. That was incidental to my point, it only shows that what is claimed at the start of point 12 of the declaration is untrue. My concern is with many of the comments about NAT routers. It's not enough to argue that point 12 is wholly invalid because it isn't necessary for everyone to have a unique IP address - that was why I posted. To shoot down point 12 you have to show that a specific user cannot be identified by an IP address as known to MediaSentry, whether or not that user has a unique IP address. What the RIAA/MediaSentry are able to see is not useful for the stated purpose, identifying a specific user. NAT routers are the means by which you show that but it isn't the non-uniqueness of end-user IP addresses that proves it - that just proves the declaration demonstrates a lack of understanding of actual IP deployment. A NAT router is a multiplexer/de-multiplexer where the public side doesn't have to participate in the multiplexing so has no knowledge about it. For the kind of multiplexing a NAT router does and for common P2P clients only the multiplexer itself (the NAT router) knows the end-point address and only for the duration of a given session. Therefore, what is seen by MediaSentry cannot and does not identify a specific user.

    3. Re:I think we need to say more about NAT by Joce640k · · Score: 1

      >>"your NAT router has to be configured to forward incoming connections
      >> to internal address 192.168.1.1."

      > While this is a legitimate configuration it is not required for any P2P
      > technologies I am familiar with and it is not common for anyone to
      > configure their NAT router to do port forwarding in order to use a P2P client.

      P2P software is written so that connections can be initiated in
      either direction. One of the two parties must have forwarding
      enabled for it to work. If neither person does then they can't
      connect (and this reduces their downloading ability).

      As for it being "common", I think it's more common that you think.
      Programs like eMule display your accessibility prominently on
      screen and even encourage you to set up your router correctly.

      >>"The RIAA will see the address of your NAT router"
      >
      > Consider my brother with IP address 192.168.1.2 using
      > the same NAT router as me. What is observed by
      > MediaSentry as his IP address is the same as what
      > is observed as my IP address.

      I think that's what I said...

      --
      No sig today...
  92. Previous Recording Tactics by Geodesy99 · · Score: 1

    Disclaimer: I couldn't find a 'hard' link to a citation, but only recall this from when Napster first appeared on the scene.

    It was reported then ( could be urban legend, but maybe someone out there has an actual factual report), and I recently checked this (yesterday) with some people I know that do file sharing that a considerable number of the files associated with a particular song name (file name) are either corrupt, or actually some other song ( a 'wannabe') who had appropriated the name simply for the purpose of getting their own music downloaded and exposed to listeners under this guise. The past tactic by companies was to flood the P2P system with bogus files, probably in the hope that frustration would simply cause people to give up on attempting to download or use services and mover to another title. My contacts also told me that it wasn't unusual for song meta data to be spoofed in similar ways, and sometimes it would take several attempts to find a 'good' copy. The most direct approach would probably subpoena the labels about whether or not they themselves were engaging in this obscuring tactic. People uploading there own covers of personal songs ( like the billion or so Happy Birthday vids on youTube) might have the same title : -)

    1. Re:Previous Recording Tactics by NewYorkCountryLawyer · · Score: 1

      Disclaimer: I couldn't find a 'hard' link to a citation, but only recall this from when Napster first appeared on the scene. It was reported then ( could be urban legend, but maybe someone out there has an actual factual report), and I recently checked this (yesterday) with some people I know that do file sharing that a considerable number of the files associated with a particular song name (file name) are either corrupt, or actually some other song ( a 'wannabe') who had appropriated the name simply for the purpose of getting their own music downloaded and exposed to listeners under this guise. The past tactic by companies was to flood the P2P system with bogus files, probably in the hope that frustration would simply cause people to give up on attempting to download or use services and mover to another title. My contacts also told me that it wasn't unusual for song meta data to be spoofed in similar ways, and sometimes it would take several attempts to find a 'good' copy. The most direct approach would probably subpoena the labels about whether or not they themselves were engaging in this obscuring tactic. People uploading there own covers of personal songs ( like the billion or so Happy Birthday vids on youTube) might have the same title : -) Not an urban legend. I have some links. MediaSentry itself is the primary culprit in that area. the dispersal of corrupted decoy files masquerading as song files as a deterrent to copying. The affidavit of MediaSentry's president in BMG v. Does (Canada) admits to it, and Prof. Pouwelse in the Netherlands brought that to the attention of the Court in Foundation v. UPC Nederland.
      --
      Ray Beckerman +5 Insightful
  93. Correction by NewYorkCountryLawyer · · Score: 1

    Sorry, I meant the "deposition" of MediaSentry's president, not his "affidavit".

    --
    Ray Beckerman +5 Insightful
  94. NAT behind a NAT by EmbeddedJanitor · · Score: 1
    Its even harder than just tracking it to the first NAT. Where I live anyway, most people will be behind a NAT. Some, like me, use a NAT behind a NAT (ie a local NAT for my local home network) and then have an AP in the mix too. Try figure out the real hardware in that lot.

    Even if the ISP doing the first level NAT hold logs, what about the second level or the APs?

    Sure it might be easy to prosecute a private home owner, but you're going to struggle when trying to prosecute someone with an "open" network or one with a trnaisent userbase (eg. coffee shop, motel etc).

    --
    Engineering is the art of compromise.
  95. Re:Gee, what does this person expect to hear? by obeythefist · · Score: 1

    I'm pleased to see a lot of very insightful answers, there's some good that the slashdot community is doing here by giving NYCL directions on where to attack the flawed methodology the RIAA is using to conduct terrorist activities on the general public.

    Now I know terrorism is one step from Godwinism, but seriously, isn't that what the RIAA is really doing? Making enough noisy explosions and frightening people into submission for their own goals? "Boom! There's one infidel pirate bankrupt, one more pirate life destroyed. You could be next, unbeliever! Boom!"

    The problem is that they're using the legal system as their means of terror. Thank goodness there are people like NYCL fighting for the general good. There are also laws that are meant to protect people from this kind of attack. But why aren't the "regular" heroes, like the police, helping stop the attacks, the spying, the harm to the people?

    --
    I am government man, come from the government. The government has sent me. -- G.I.R.
  96. Re:NAT and port translation by Anonymous Coward · · Score: 0

    OK, I am a mere anonymous coward although I did have an ID here six years back...:) I think we also need to think a bit about port address translation.

    In the common situation where a number of machines on a private network sit behind a NAT router, there has to be some way for the NAT router to corerctly route incoming packets. That can be done by static NAT, where each internal IP number is staticaly mapped to an external number. That must by now be very rare, since it requires a public IP for every private IP that will need to access the Internet.

    Or we could use dynamic NAT, where we issue a public IP from a pool each time it is needed. Also rare for reasons of IP address economy.

    So the usual thing, and what I do at home, is that each transaction uses the same IP number, but the source port address used is changed for each session. So say there are two machines behind the NAT router, and both of them happen to access the same machine in the Internet. The packets for one will be translated to use one port address, while the packet for the other will use another source port address. The server at the far end replies to the appropriate port address for each transaction. So when they arrive at my NAT router it can tell which of my machines to forward the packet to by the port address used.

    So in theory we could use the port address to identify the actual machine used for a given transaction. In practice this is not practical, since the NAT router can issue a new port number for any new transaction, and a given machine can have multiple transaction occurring at the same time. Further, there is no record of the translation outside the NAT router, and that keeps no logs. At least, my one does not. So there are only two machines on my internal network at home, but both have five user accounts, and I don't log usage either. So it would be realy hard to be sure who was responsible for any given transaction.

    Not that I bother with downloading music anyway, I have plenty of good stuff already.

  97. I vote for perjury by herbierobinson · · Score: 1

    As many have pointed out, section 12 is clearly wrong and this guy should have known it. More to the point, it is so easy to state it correctly. The IP address can't be traced to an individual, but it can be traced to the person responsible for the Internet connection and that's all the RIAA actually needs. If a University won't (or can't) hand over the students names, the RIAA could sue the University instead (in fact, they do). It's certainly an open question how much one is responsible if one gets hacked, but I wouldn't want to be the guy who's unsecured wireless router got used by a terrorist for something...

    Another untruth in there is probably in section 15. I have certainly seen claims of from people who got RIAA letters based on the file name, not the actual content.

    --
    An engineer who ran for Congress. http://herbrobinson.us
  98. Individual by NewYorkCountryLawyer · · Score: 1

    The IP address can't be traced to an individual, but it can be traced to the person responsible for the Internet connection and that's all the RIAA actually needs. On what do you base that? That is certainly not a correct statement of the law.
    --
    Ray Beckerman +5 Insightful
    1. Re:Individual by herbierobinson · · Score: 1

      The same law that says you can get sued if you put a swimming pool in your back yard without putting a fence around it and somebody falls in.

      I suspect that the same principles would apply to companies that sell things like wireless access points with the security features turned off by default. That sure sounds like negligence to me. I'm actually surprised the RIAA hasn't latched on to that target, yet. They could probably make money on that lawsuit.

      --
      An engineer who ran for Congress. http://herbrobinson.us
    2. Re:Individual by NewYorkCountryLawyer · · Score: 1

      The same law that says you can get sued if you put a swimming pool in your back yard without putting a fence around it and somebody falls in. I suspect that the same principles would apply to companies that sell things like wireless access points with the security features turned off by default. That sure sounds like negligence to me. I'm actually surprised the RIAA hasn't latched on to that target, yet. They could probably make money on that lawsuit. You would be wrong. This is a copyright infringement case. It's controlled by the Copyright Act.

      Read MGM v. Grokster (pdf) if you want to know under what circumstances someone could be liable for copyright infringement by another person.

      By the way, your description of the law regarding swimming pool access is wrong, too.
      --
      Ray Beckerman +5 Insightful
    3. Re:Individual by herbierobinson · · Score: 1

      I'm not talking about infringing copyrights, I am talking about negligence. Things like unsecured Internet connections can be used to cause a lot more damage than just infringing copyrights...

      --
      An engineer who ran for Congress. http://herbrobinson.us
  99. Will the real Carlos Linares please stand up? by PNWNative · · Score: 1

    Was this written by Carlos Linares or Carlos Linares Jr.? It is typed for Carlos Linares, but signed by Carlos Linares Jr. Mr. Carlos Linares states he has personal knowledge of the facts in his statement. He has pretty extensive personal knowledge, it should be tested to the fullest. It is not clear how he could have personal knowledge of the following: Paragraph 6, last sentence "At any given moment millions of people illegally........." What personal knowledge does he have to support the claim of "millions"? Did he count them all? In paragraph 12 he asserts users of P2P networks can be identified by their IP address. What is his personal knowledge of this? Has he personally identified them? What personal knowledge does he have of this? Does he have personal knowledge of the methods used by MediaSentry in identifying these particular IP addresses? How did he acquire this personal knowledge? He does not establish the methods actually used and relies on generalizations. The analogy of a telephone number to describe the system is accurate on the surface, but still if carried to its end, does not identify a person that owns or controls the phone, and ignores things such as pay phones. How about phone numbers that only go to automated voice answering machines or a switchboard and extensions? In paragraph 15 is his review the "human review" he refers to? If not, then what is the personal knowledge that the reviewers have that he does not have that he would have every one believe that he does have? He says he provides oversight of the review process, which puts his claim of personal knowledge into question, I say! He states the RIAA listens to the down loaded media files, but does not say they listened to the files listed in Exhibit A. Did they? In paragraph 18 he says RIAA down loaded and listened to the music? Was this specifically authorized or was this one more illegal download?

  100. IP Address != Person: A firsthand account. by Anonymous Coward · · Score: 0

    Every time I hear about the RIAA tracking some poor sod down, I think back to a personal experience of mine...

    I use a Linksys BEFSR41 "Cable/DSL Router". Basically a glorified NAT (Network Address Translation) box. It lets all my computers share a single CABLE (or DSL) network IP address, provides a basic hardware firewall, etc. etc....

    Back in June 2004 there was an issue with a firmware bug, which could have compromised the firewall aspects. So I downloaded new firmware from linksys.com, and installed it.

    And my network connection went nuts. Oh it would work fine after I turned the box on. For a while... Then it would mysteriously die. Only to return to functional a few hours later.

    Real pain in the ass to track down. (I had just switched from DSL to CABLE. And the CABLE systems had a lot of grief.)

    It turned out that this new Linksys patch broke the BEFSR41's DHCP renewal mechanism. (Not to my local computers, but to the CABLE ISP provider!)

    So after a few hours, my DHCP lease would expire. My IP address would go to somebody else. But eventually, the systems would get corrupted, and I'd start being able to use my "expired" IP address again.

    (And receive all sorts of interesting packets originally destined for the actual DHCP lease holder. Encrypt your traffic people! (Initially I thought I was being DoS'ed.))

    Eventually Linksys released updated firmware that fixed this bug. But for a long time, I (and many others) had a new "wget" in crontab to force manual DHCP renewal.

    And you know what? The cable company never once gave a damn. As long as they were making money, accurately mapping people to IP addresses really didn't matter.

    So I have to wonder: Does the RIAA figure that everyone is breaking the law? So accurately identifying the guilty party doesn't really matter as, odds are, whomever they finger, will have broken something (legally speaking)...

    _...Writing anonymously for the obvious reasons...

  101. Mod parent up by Eivind+Eklund · · Score: 1

    Interesting view.

    --
    Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
  102. Mod parent up by Eivind+Eklund · · Score: 1

    Informative on spoofing.

    --
    Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
  103. Majority of BT traffic illegal music? by rkhalloran · · Score: 1

    >> Item 8 states that the majority of the traffic on P2P is pirated material .... While no one is going to argue the amount of pirated content available on P2P networks, given (a) that many Linux releases use BT as a distribution medium (Fedora, Ubuntu, CentOS, OpenSUSE, etc.) with images up to a DVD-ROM's worth of data (4.5 Gb), (b) the amount of video-based material (movies and television) that is out there, whose files are no doubt larger than audio MP3 rips, is it fair to assume that the music industry's concerns are a relatively small portion of the overall P2P traffic? Going to a popular tracker site such as http://mininova.org/, the largest BT swarms are typically found for the prior night's TV shows. Item 9 (sales decline directly related to pirated content) has been contested for some time; the industry has reduced its number of releases, the majority sellers are now the big-box stores who carry little in the way of back-catalog material in favor of chart-topping new releases, and the rise of sales in DVDs (sell-through DVD prices comparable to new-release CDs appearing as a better value).

  104. P2P means always downloading from many sources??? by Anonymous Coward · · Score: 0

    Then there's the fact that by its very nature P2P isn't the sort of thing where you can say "I want data form only that user". If you download a file, it will come from a number of sources (that's the whole point). Thus you can't very well say the file came from a given user, it didn't. Parts of it may have, but the overall composite you got came from many people.

    Surely You <b>can</b> download file from only one user, provided he will be online enough long for Your downloading to complete.
    At the very last resort - use Your firewall to only allow P2P connection to that user's IP.
    Chances are low, that any other user behind the same IP will share exactly the same file.
    Even if there are a number of users behind the same IP sharing file that You're downloading - Your evidence is not a bit worse - anyhow you've only talked about IP, not anything more accurate.

    Also any modern P2P client (Shareaza for example) will have its internal firewalls, allowing You to ban out any file sources You'd 'point-and-click'. It is a must since, if You ever tried P2P, you know that for any search you will get a lot on instant matches with filenames exactly matching your search, all of those with perfect download speed and ready to download right off and with nothing but a viri inside it! Only a munite-two-five-more after that you will get real results with files that names are worse matches for search (though still likely, but less than viri), whose download speed is very limited and download queue overfull for next two days. Of course you would need to ban those virus seeders to use P2P effectively. But you also can use it to ban all the file sources except for the single P2P node, hence you would end in a file for 99% if not 100% downloaded from one node.

    And last thing is that any reasonable P2P client (let's forget those ineffective ancient Napster and Kazaa) fully respects unreliable nature of file sources. When You can download broken file from HTTP or FTP, it can never happen to P2P. HTTP and FTP (and ancient P2P too) relies on network being 100% reliable and 100% secure. Any techniccal trouble or evil cracker in there - and you get a broken file. On the contrary, files in P2P are protected by eccesive checksums: TigerTree hash in BitTorrent and G2, SHA1 hash Gnutella and G2, MD4 hash in e-Donkey. Those checksums enforce you that while downloading from number of unreliable peers, you sstill downloading the very same file!
    In fact, if RIAA downloads the small chunk of MP3 from John Dow (exactly - from one of the programs running on his networ device, usually computer) and all the rest of chunks for that file from other nodes, it has quite good proof that:
    a) John Dow really does have that very file on his HDD
    b) John Dow really does share it and uploads it to any requester.

    I think it is never worse than downloading each byte from John Dow and... proove exactly the same.

    Of course John Dow could hack the P2P program, especially open-source ones like Shareaza, ML-Donkey or a-Mule, to keep only file hashes values and one single chink of a file and laugh looking other peers tryingto download the rest of the file... but then he definetely wants to be taken to court ad would definetely enjoy this.

  105. Re:Provable ID problem by Belacgod · · Score: 1
    Also, dyslexia is a poor excuse when you've spelled a word phonetically. Dyslexia could be responsible for "preujry," or somesuch, but "purgery" is clearly caused by the writer sounding the damn thing out.

    Similarly, spelling "two" instead of "to" is not a typo. A typo is when your hand slips, so you write teh or pwn or something like that. Your finger cannot accidentally slide from the t to the w while you're reaching for the o. Typo =/= not knowing how to fracking spell.

  106. Re:Provable ID problem by NewYorkCountryLawyer · · Score: 1

    It seems to me that you are invariably agreeing with the RIAA. I've noticed the pattern from your previous comments on previous posts.

    --
    Ray Beckerman +5 Insightful