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MediaDefender Explains Itself
I Don't Believe in Imaginary Property writes "Wired has an interview with MediaDefender in which they try to explain why they attacked Revision3, which uses BitTorrent to host its own content. Somehow it eluded MediaDefender that they had injected fake content into Revision3's tracker, so when Revision3 changed configuration to forbid this injection, MediaDefender's systems saw it as a pirate tracker with lots of illegal content (which MediaDefender had put there) and attacked. In other words, everything they did was intentional except for the choice of target. Given that they have 9 Gbps of bandwidth dedicated to denial-of-service attacks against torrent trackers, all anyone needs to do is to trick them into attacking a hospital or government facility. MediaDefender has never been very competent, after all."
Off topic but, in my country it works the opposite. If you sell fake crack, you can get arrested for fraud. But not for selling drugs. This has happened, I read about one case where the victim (buyer) turned in the dealer. Both were eventually convicted for different things.
If I broke into your house and put someone else's stuff in your room, then phoned the police that you have stolen property in your room... how nice would that be? Its not like that though! Its more like:
If I broke into your house and put someone else's stuff in your room, then waited until you came home and then smashed all your car windows with baseball bat while sceaming "theif" and your stood by in confused amazement, and then after I got done with that called the cops on you about the stolen property in your room... how nice would that be?
No very nice, and if anyone else tried it, even if you had really stolen the property and put it in your room my actions would still be a crime of their own. MediaDefender are criminals and the people operating those servers can't be so ignorant of the actions not be accountable for them. We might not be able to get the kingpins but at the very least the doers should be arrested and charged. I know slashdot does not like to go after the little guy but MediaDefenders developers, network, and server admins deserve jail time! If my boss asks me to do something illegal I am still obligated to refuse otherwise the law will hold me responsible. Its imporatant that even these little guys get PUNISHED. The only way you stop getting organizations like MediaDefender from being above the law is to make sure nobody will work for them, because no salary they can offer will be worth doing time for!
Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
Someone, someday, will find a legitimate use for a torrent tracker in an hospital. But simply imagine an illegal tracker run by a rogue employee. MediaDefender uses it for its tactics. The sysadmin notices the tracker, and shuts it down. MediaDefender's Stalin organ goes amok and shuts down the entire hospital network.
Because of a BT tracker. Yeah, right.
In Revision3's case, there might have been illegal file sharing occuring - thats only a civil case if memory serves - and certainly MediaDefender's attack was criminal. In the hospital's case, MediaDefender would risk becoming downright murderers.
"Our servers did it" definitely induced a head-scratch from me. Why on earth would they have their servers set up to automatically commit serious crimes just because a server was public and then restricted access? That doesn't make sense, even from their twisted viewpoint..
After browsing their site, I found this open dir: http://www.mediadefender.com/marketing/ . How is spreading an mp3 of Kanye West or Timbaland legal? Should they now DoS their own webserver?
I think they'd have an excellent chance of being found guilty in a criminal prosecution. The roadblock will be getting a prosecutor or press charges. Once they are in court, they really ahve no defense. Far as I know, the "I didn't know the gun was loaded" excuse has a very bad track record. Any random jury would be very likely to send these crooks to prison, and rightly so.
Actually they can't get away with the "fake torrent" stuff either - the torrents they put up were for copyright material, which they then tracked to see who was downloading the stuff. In other words, they enabled copyright infringement, then went after the downloaders with "we know you've been infringing - contact the settlement center."
Since they were working with the blessing of the **AA, what that means is that anyone downloading from one of those torrents isn't guilty of copyright infringement, since the download was made available with the knowledge and consent of the **AA.
Discovery is going to be really nasty in this case.