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MPAA Sets Up Fake Site to Catch Pirates
thefickler writes "Media Defender, a company which does the dirty work for the MPAA, has been caught setting up 'dummy' websites in an attempt to catch those who download copyrighted videos. The site, MiiVi.com, complete with a user registration, forum, and "family filter", offered complete downloads of movies and "fast and easy video downloading all in one great site." But that's not all; MiiVi also offered client software to speed up the downloading process. The only catch is, after it was installed, it searched your computer for other copyrighted files and reported back."
Doesn't this violate various anti-spyware laws? For example, here's Illinois' law:
Creates the Consumer Protection Against Computer Spyware Act. Sets forth provisions for unauthorized collection or culling of personally identifiable information, unauthorized access to or modifications of computer settings and computer damage, unauthorized interference with installation or disabling computer software, and other prohibited conduct. Provides that certain persons may bring a civil action against a violator of the Act. Exempts willful and wanton misconduct from the limitation on liability.
They knew they were going to eventually get caught. It doesnt take a genius to realize that if "going dark" after 10 hours of the article release that they were anticipating this... And I suspect if the media contacts them, then it will be the classic "the intern did it" type response.... These guys make the russian mafia look good by comparison...
Listen: Entrapment is only entrapment when performed by a law enforcement official.
The MPAA is not a law enforcement official - as much as they want to be.
No, going 100% by the law, that isn't okay. Fortunately, it's only illegal if you get caught, and short of 100% surveillance, there's no realistic way to catch people doing it.
Maybe not
In this case it is the MPAA doing the spying. Most of the MPAA's content content is distributed on DVDs encrypted with CSS. So unlike CDs where you can legally rip CDs you own to your harddrive, you can't do this for most movies without violating the DMCA by cracking the encryption. So they probably feel pretty safe that if they find any MPAA content on your harddrive (DVD rips), that you've committed some kind of crime.
There is a popular myth on slashdot that you have a legal right to rip music or movies that you've bought. There is no such right.
Flatly incorrect. It's not a myth, it's the Audio Home Recording Act of 1992, which modified the U.S. Code with regard to copyright law to specifically give consumers the right to make copies for themselves (and even give away a very limited number of copies to friends and / or family). Here's an analysis from Duke law school: http://www.law.duke.edu/journals/dltr/articles/200 2dltr0023.html
In general, your liability only exists when you *share* items. That is, all the legal actions by the RIAA / MPAA have alleged illegal distribution. Essentially, your behavior exposes you to legal action only when your behavior might negatively impact the market for an item. Arguably making yourself a copy of an item can deprive the owner of the item income, thus negatively impacting intellectual property owner. However, one can argue that in fact you would have never paid for the single copy, and therefore you haven't negatively impacted the IP owner at all. That's why photocopy machines / VCRs, etc. can exist. It's not because the IP owners don't mind, it's that they've (thus far) been unable to convince the courts that such copying negatively impacts their market.
Giving away copies, however, is a very different matter. No matter how "non-commercial" your activity is, if you give away enough of a product, you'll reduce the amount of money the IP owner can charge for the item, or put the IP owner out of business. So distribution gets you at the top of legal liability list.