Slashdot Mirror


UK ISPs To Hand Over Thousands of File Sharers' Data

Death Metal Maniac sends along a link from TorrentFreak on the latest development in game developer Topwear's battle against file sharers in the UK. "US game developer Topware Interactive, the people behind the now infamous Dream Pinball affair, are about to turn up the heat. Operating through London lawyers Davenport Lyons, they have managed to convince the High Court to send out an order demanding that ISPs in the UK start to hand over the details of several thousand alleged pirates ... BT, one of the UK's largest ISPs ..., confirmed it had been ordered to hand over details of alleged copyright infringing file-sharers ... Virgin Media was a little more slippery in its response but reading between the lines it seems obvious they are involved too."

180 comments

  1. Hard to pin down by gotw · · Score: 5, Insightful

    IANAL, but consider that the majority of BTs home DSL equipment ships with WEP, often 40 bit WEP, enabled by default. Would this in itself be grounds enough to plausibly deny that the traffic came from the person paying for the box? Not to mention she sheer, massive, embarrassing level of negligence on the part of BT.

    1. Re:Hard to pin down by lysergic.acid · · Score: 2, Insightful

      if you're going to accuse or charge BT of negligence because they didn't catch these "pirates" then you might as well demand that ISPs start monitoring all traffic and forbid the use of encrypted connections. there's no way to accuse an ISP of negligence unless they're actually expected to encroach on the privacy of their subscribers. that's just not part of their job.

      it's like accusing telephone companies of negligence because they don't monitor everyone's calls and make sure we're not discussing illegal activities over the phone.

    2. Re:Hard to pin down by segedunum · · Score: 0, Offtopic

      According to them that's no excuse. You're responsible for your own equipment.

    3. Re:Hard to pin down by Atlantis-Rising · · Score: 2, Interesting

      First of all, plausible deniability is not really a legal concept.

      But secondly, the concept which you seem to be attempting to get across (i.e., introducing sufficient doubt so as to not meet the standard of beyond a reasonable doubt) is not really relevant here. This appears to be a civil matter, in which case, it is on the balance of probability.

      Moreover, you're basically saying that the majority of BT's customers were negligent and should be held liable for their negligence? I'm not sure they'd be happy about that. It's not like it's BT's fault.

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    4. Re:Hard to pin down by gotw · · Score: 3, Insightful

      Lots and lots of these boxes are in use, secured only by 40 bit WEP. I'm saying that considering that WEP can be cracked with great ease, how easy would it be to deny that the traffic came from you. Could someone up in court simply say "I didn't do it, I guess someone must be abusing my computer/access point".

      If BT thought such security was up to the user, why are they not supplying the boxes with an enabled, open wireless connection? They provide step by step instructions for its use and installation of WEP in an era when it is known to be deeply flawed. To what extent users should be expected to be educated about the security of their computer systems is an interesting point to debate. It would, however, be very easy for BT to use WPA-TKIP by default. The only reason I can fathom for not doing this would be the expense (and potential for bad feeling) involved in supporting users with old, WEP only drivers.

      What are the odds of a WEP network in a suburban area being cracked into over, say, a year? I suppose it all hinges on that.

    5. Re:Hard to pin down by Spy+der+Mann · · Score: 4, Interesting

      According to them that's no excuse. You're responsible for your own equipment.

      How can you f***ing be responsible for something you don't even know how it works? We do know, but what do the poor joe-users know? And why do manufacturers don't use a much stronger encryption so that only the users' machines will be able to access the network?

      What we're dealing with is corporate negligence, and as usual, they blame the end user.

    6. Re:Hard to pin down by gotw · · Score: 4, Insightful

      I'm not accusing BT of negligence for not catching the pirates. I'm accusing BT of negligence because they are supplying their users with broken, easily compromised security when much better alternatives are available using the exact same hardware.

    7. Re:Hard to pin down by Anonymous Coward · · Score: 1, Interesting

      ok a few things to ponder on.

      What DL et. all say and what is tested case law are normally vastly different.

      Its not illegal in the uk (just inadvisable) to leave your wireless network completely open. it *is* illegal and a criminal not civil matter to use that connection if not authorized to do so.

      As stated its civil matter meaning its a balance of probabilities rather than beyond reasonable doubt. An expert witness to detail to possibilities of breaking a wep key to the court for instance.

      All of the DL wins so far have been no-shows where defendant has not shown up and defended themselves. this lead the judge to find for the plaintiff automatically and no legal president is yet set.

      A German court however, has ruled that the wireless defense is acceptable and a precident has been set there collapsing the case.

      DavenPort Lyons are playing a game of bullying brinkmanship , they don't actually want to get into a situation where they set adverse precedent by taking on someone that wont pay the protection money and will fight in court , the ISP's concerned could find themselves in very hot water if they have given out customers names for a civil not criminal matter and the data protection act covers that in any future amendment.

      More than anything if they put the scares on you and you stop sharing its job done.

    8. Re:Hard to pin down by Anonymous Coward · · Score: 0
      Could someone up in court simply say "I didn't do it, I guess someone must be abusing my computer/access point".

      Then they demand access to your computer to check. If you wiped it, that can be used as evidence as well. Your trick isn't going to work.

    9. Re:Hard to pin down by Tuoqui · · Score: 1

      Well WEP is probably used by default because some personal electronics (Nintendo DS) can only interact with WEP encrypted messages. WEP will dissuade casual wardrivers and the like but not those with technological know how to break it.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
    10. Re:Hard to pin down by You+ain't+seen+me! · · Score: 5, Insightful

      According to them that's no excuse. You're responsible for your own equipment.

      When you receive broadband equipment under a contract, you are told in the small print that the equipment remains the property of the ISP - they can't have it both ways.

    11. Re:Hard to pin down by compro01 · · Score: 1

      Honestly, last time I saw, Sasktel has their router's defaulted to WEP, for compatibility reasons (a certain videogame console manufacturer whose name starts with N apparently hasn't figured this whole wireless security thing out yet), so we don't have every Tom, Dick, Harry, and Jane calling in demanding to know why their stuff won't work with the wireless.

      --
      upon the advice of my lawyer, i have no sig at this time
    12. Re:Hard to pin down by nurb432 · · Score: 1

      Can it be disabled?

      Can it be hacked?

      If so, then id say you cant prove its me, unless you seize every bit of media in my house. Which i have never heard of happening for a CIVIL case..

      --
      ---- Booth was a patriot ----
    13. Re:Hard to pin down by bigstrat2003 · · Score: 1

      The DS doesn't support WPA (which is bad), but the Wii does (and is the more recent of the two systems), so your accusation is a bit off-base.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    14. Re:Hard to pin down by compro01 · · Score: 1

      Hmm. I was sure that the earlier wiis didn't support WPA out of the box, but got it in a later update (which you needed a connection to get. C-22), and it was later put on the shipping models. I could be wrong though.

      --
      upon the advice of my lawyer, i have no sig at this time
    15. Re:Hard to pin down by bigstrat2003 · · Score: 1

      You could be right. I just know that my Wii (purchased June 07) supported WPA out of the box.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    16. Re:Hard to pin down by Anonymous Coward · · Score: 0

      Ignorance is not an excuse for the law. What makes it an excuse now?

    17. Re:Hard to pin down by lazy_playboy · · Score: 2, Insightful

      If someone steals your car and runs someone down, you're not liable. Why should it be different in this case?

    18. Re:Hard to pin down by lazy_playboy · · Score: 1

      These cases will be heard in civil court where the decision is made on the balance of probability, and doesn't have to be beyond reasonable doubt. There is no assumption of innocence - the defendant has to actively prove themselves innocent.

      For the majority of individuals the risk of losing is far too great to take this to court, even if you are certain of your innocence. If you get a letter you'd be a fool not to settle ASAP, IMHO. Unless you're about to go bankrupt anyway, I guess.

      This is a simple case of might over what's right. These guys are on a sure-fire winner to make pots of cash and yes, it fucking stinks.

    19. Re:Hard to pin down by Atlantis-Rising · · Score: 2, Insightful

      Lots and lots of these boxes are in use, secured only by 40 bit WEP. I'm saying that considering that WEP can be cracked with great ease, how easy would it be to deny that the traffic came from you. Could someone up in court simply say "I didn't do it, I guess someone must be abusing my computer/access point".

      Sure you could say it.

      That argument, however, would not get you very far; it would be akin to arguing that somebody broke into your house, plugged their laptop into your router, and started downloading kiddy porn.

      "Sure", the court will say. "That's a very nice story, and I'm sure it's very favorable to you. Have you got any proof it happened?"

      Tossing out random and wild theoretical scenarios in which it is possible, but very unlikely, that somebody else did what you've been accused of and you've been framed is not generally looked upon very nicely by the Court unless you can provide some hard evidence to back it up.

      Yes, it may introduce some doubt. The amount of doubt it introduces, however, is likely to be so small as to be unreasonable.

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    20. Re:Hard to pin down by Atlantis-Rising · · Score: 1

      They wouldn't really even have to demand access to your computer to check it (although they would undoubtedly do so anyway).

      They'd just ask you to prove it, and good luck with that.

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    21. Re:Hard to pin down by Atlantis-Rising · · Score: 1

      They don't have to prove it was you.

      They just have to prove it was more likely than not it was you.

      There's a tremendous and significant difference.

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    22. Re:Hard to pin down by adamofgreyskull · · Score: 1

      Right idea, but you're doin' it wrong. Bravo for the car analogy though :)

      You should have said:
      If you secure your car doors with duct tape and string and someone steals your car without your knowledge, runs someone down, leaves no evidence in or on the car and parks it back outside your house, you're not liable.Why should it be different in this case?

      I think the answer is, "There is no difference". You're not "liable" in either case, but you'll have to try pretty hard to make anyone but your mother believe you.

    23. Re:Hard to pin down by Anonymous Coward · · Score: 0

      It amuses me that I myself write this from a cracked 40 bit BT access point.

    24. Re:Hard to pin down by janrinok · · Score: 1

      They just have to prove it was more likely than not it was you.

      That might be the case under US law, but I am not sure that it applies in Britain. However, I'm sure someone will be able to give an authoritative answer - i.e. not just pulled out of the ether but with a credible cite.

      --
      Have a look at soylentnews.org for a different view
    25. Re:Hard to pin down by Renraku · · Score: 1

      Ignorance of the law is no excuse.

      Ignorance of car safety features is no excuse.

      Ignorance of the weather is no excuse.

      What makes you think this is treated any differently? After all, there's plenty of people that think tires and brakes last forever, that they'll outrun that hurricane when it gets there, and that if someones sets foot on your property in broad daylight you have the right to kill them.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    26. Re:Hard to pin down by Spy+der+Mann · · Score: 1

      Right idea, but you're doin' it wrong. Bravo for the car analogy though :)

      You should have said:

      If you secure your car doors with duct tape and string and someone steals your car without your knowledge, runs someone down, leaves no evidence in or on the car and parks it back outside your house, you're not liable.Why should it be different in this case?

      I think the answer is, "There is no difference". You're not "liable" in either case, but you'll have to try pretty hard to make anyone but your mother believe you.

      The problem isn't about duct tape. The problem is that in this case, manufacturers give the users cars with EXTREMELY WEAK padlocks that could be opened with a mere clip.

      And with this, your honor, I rest my case.

    27. Re:Hard to pin down by JohnBailey · · Score: 1

      According to them that's no excuse. You're responsible for your own equipment.

      So how does that work if the ISP supplied your hardware, as is common in the UK?

      --
      It is difficult to get a man to understand something when his job depends on not understanding it.
    28. Re:Hard to pin down by westlake · · Score: 1
      What are the odds of a WEP network in a suburban area being cracked into over, say, a year? I suppose it all hinges on that.
      .

      But at what distance does this story remain plausible
      and how often can you play this card and keep it convincing?

      In this upper middle class suburb you would have to nose up mighty close to your neighbor to get a decent lock on that signal and hold it for two hours, let alone two months.

    29. Re:Hard to pin down by mdwh2 · · Score: 1

      It's not an excuse. You're quite right - the ISPs should be liable under the law, due to their own negligence.

    30. Re:Hard to pin down by Anonymous Coward · · Score: 0

      If it's possible that it could have happened, I'd imagine it'd be up to the prosecution to prove that it didn't.

  2. Land of the free by ilovesymbian · · Score: 5, Funny

    I'm glad I live in the US. Even though some ISPs cower in fear, most of them give us enough freedom to do what we want. We truly live in the land of the free!

    1. Re:Land of the free by Blice · · Score: 1, Redundant

      Wake up.

      This hasn't been the "land of the free" for a long time.

    2. Re:Land of the free by sakdoctor · · Score: 4, Interesting

      Is that some sarcasm; it's impossible to tell?

      Perhaps in the UK they (we? ex-pat here), haven't had the sue happy lawyers going after every man and his dog yet. But perhaps this is the beginning.

    3. Re:Land of the free by Anonymous Coward · · Score: 5, Insightful

      Yeah, in the US, the ISPs are free to hand over that data without bothering the court.

      And if the FISA debacle has taught us anything, it's that they're more than happy to hand over data without worrying about minor little details like "due process."

      Fortunately there's an election coming up, and you can vote for change! Wait, both sides claim they're for change? And both sides support warrantless wiretaps and telecom immunity?

      Well, damn. If only there were another option, a third option...

    4. Re:Land of the free by Anonymous Coward · · Score: 0

      -cough- slashdot article -cough- ...i assume you've been living under a rock lately.

    5. Re:Land of the free by iamwhoiamtoday · · Score: 1

      This being Slashot, I'm just hoping that you forgot to put a at the end of that... The ISPs in the US don't exactly have that clean of a record, with the whole patriot act, so on so forth... USA ISPs have been disclosing information for longer then the UK ISPs. I know that someone is going to say "This just means that we need to start encrypting all of our traffic" I don't think that we should NEED to encrypt our traffic so that the ISPs can't read it. (I'm all for encrypting so that the black hats can't read it, but then again, we don't pay the black hats for a service)

    6. Re:Land of the free by TheMidnight · · Score: 2, Insightful

      Ha! That's a good one. Almost every ISP in the United States has given user IP address and account information away to any subpoena by the RIAA and its lawyers. This of course is civil and not criminal, but the ISP response is exactly the same. I've only heard of ISPs giving up user data for criminal investigations in child porn or murder cases (i.e. search results for "kill wife" or whatever nonsense the bungling murderer tried to look up) but that doesn't mean it won't spread.

      Furthermore, even if the ISPs don't give up the information as easily here, they do track it, and if they're not using it for generalized network throttling, infrastructure improvement or aggregate trends, they'll sell every bit of data internally or to advertisers when they smell money. Privacy on the Internet via your ISP is an illusion in the States, at least for as long as the ISP can afford to keep the logs.

    7. Re:Land of the free by Anonymous Coward · · Score: 1, Informative

      You must have left the UK a while ago. The ambulance chasers are alive and well in the UK. Big ads on the TV like we have in the US.

    8. Re:Land of the free by russotto · · Score: 3, Interesting

      Yeah, in the US, the ISPs are free to hand over that data without bothering the court. And if the FISA debacle has taught us anything, it's that they're more than happy to hand over data without worrying about minor little details like "due process."

      The Verizon case -- where Verizon refused to hand over the data without a court order -- teaches us the opposite. Or perhaps just that Uncle Sam is a bit more persuasive than **AA.

    9. Re:Land of the free by Anonymous Coward · · Score: 0

      -1 Cheap Cynisism?

    10. Re:Land of the free by lysergic.acid · · Score: 1

      i know you're being sarcastic, but whatever third options we have today are quickly evaporating. with the rise of globalization the political/corporate culture of the U.S. is gradually being exported to all parts of the world.

      the hegemonic influence of corporate America has never been greater. even Canada and Sweden and quickly falling in line with the RIAA/MPAA's demands. it's frightening how fast this de-democratization is happening even against these subject countries' own national interests.

    11. Re:Land of the free by jambox · · Score: 1

      You don't see cases like you do in the US where people get fined tens of thousands of dollars. You will probably say "yet" but I just don't thin that sort of thing would fly over here. I think there would be a huge amount of protest, which would make it politically inconvenient.

      --
      You thought you could break the laws of physics without paying the PRICE?
    12. Re:Land of the free by moderatorrater · · Score: 3, Funny

      If only there were another option, a third option...

      Go ahead, throw your vote away!

    13. Re:Land of the free by spasmhead · · Score: 1

      Don't get too smart about it, whats happening in the UK now is setting a precedent. There will be hoards of media company lawyers in the US eagerly awaiting the results of this so they get an idea just what they will be able to get away with when they plan their next move over on your side on the pond. And we all know US lawyers try and get away with anything they can: "Someone at this orphanage for homeless retarded leper children with rickets download some crappy pinball game that no one was going to buy anyway.... SUE THEM ALL! MORE MONEY! MORE MONEY"

    14. Re:Land of the free by sm62704 · · Score: 1

      I know you're joking, but my friend Linda spent four months in Dwight Correctional Center for posession of a controlled substance. Shes on parole right now, not only a victimless criminal, but a victimless felon. Second amendment? She has no second amendment rights; she is banned from owning firearms for life, even though her crime was nonviolent and had no victims.

      Police State: In USSA, cops hassle YOU (NSFW?)

      Liberty? What liberty?

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    15. Re:Land of the free by L4t3r4lu5 · · Score: 3, Insightful

      I wish 60% of the US population would "throw their vote away."

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    16. Re:Land of the free by sm62704 · · Score: 2, Informative

      Well, damn. If only there were another option, a third option...

      There are three pseudo-viable third options; parties that are on the ballot in enough states that should they win them all, they win the election.

      Bob Barr

      Cynthis McKinney

      Chuck Baldwin

      I plan on voting for Barr. Sure, he'll lose, but so will one of the two major party candidates. Why do the media insist that voting for a loser is a wasted vote? Could it be that they are owned by corporations, who bribe both candidates to get legislation (like the Bono Act and the PATRIOT act) passed with 100% or nearly so of the vote?

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    17. Re:Land of the free by thermian · · Score: 2, Insightful

      uh, didn't you only have a 30% turnout at the last election?

      Something pretty darned low anyway, so a lot of people already are.

      Same things happening in the UK though, the elected leaders are voted in by an ever decreasing number of actual voters.

      --
      A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
    18. Re:Land of the free by tiananmen+tank+man · · Score: 5, Informative

      Interesting but False.

      From an USAToday story [1], "Among the big telecommunications companies, only Qwest has refused to help the NSA, the sources said. According to multiple sources, Qwest declined to participate because it was uneasy about the legal implications of handing over customer information to the government without warrants."

      [1] http://www.usatoday.com/news/washington/2006-05-10-nsa_x.htm

    19. Re:Land of the free by pete-classic · · Score: 2, Insightful

      I think Penn Jillette said it very well, through the character of a sock monkey.

      You can waste your vote only by voting for someone you don't want. You don't want the winner. Don't waste your vote on someone who's going to win. He doesn't need your vote; he's going to win. Keep voting for the lesser of two evils and things will just keep getting more evil.

      -Peter

    20. Re:Land of the free by Jaysyn · · Score: 1

      I also plan on voting for Barr, I know he won't win, but I'd like to see another party start getting federally matched funds like the Republicrats. Voting for them is step one in accomplishing that.

      --
      There is a war going on for your mind.
    21. Re:Land of the free by tonyray · · Score: 4, Informative

      As an ISP in the US, we've been asked many times to hand over information wholesale to the FBI. Such warrants are not inforceable and we always ask them what it is they really want. Then they tell us specifically what they are looking for and we tell them if we have the data. If we do, they issue another warrant, signed by a judge, and they get the data. We narrow the FBI request down to the point that it identifies a single account. If it can't be narrowed to a singe account, the data would be worthless to them in court and they don't ask further.

    22. Re:Land of the free by Anonymous Coward · · Score: 2, Informative

      I believe the GP was referring to the RIAA/Verizon case, not FISA.

    23. Re:Land of the free by Mister+Whirly · · Score: 1

      You think people in the US are real happy about the lawsuits here? And don't say there aren't any protesters here - I live in Minneapolis and just made it through the RNC with all the police action and rioters. There are plenty of protesters in the US - they just happen to be protesting much bigger issues presently.

      --
      "But this one goes to 11!"
    24. Re:Land of the free by gnick · · Score: 1

      Actually in the 2004 US election, 60.7% of the elegible voters turned out. Not great, but more than double your 30% guess and not too far from the 61.3% turnout in the 2005 UK election.

      Of course, if you're talking about the 2006 elections, the US turnout was only ~37%... I concede that we just don't seem to care unless there's a presidency on the line...

      --
      He's getting rather old, but he's a good mouse.
    25. Re:Land of the free by Anonymous Coward · · Score: 0

      Internet service isn't an inalienable right you fucking moron.

    26. Re:Land of the free by Anonymous Coward · · Score: 0

      He probably meant "This being Slashot, I'm just hoping that you forgot to put a at the end of that..." but the /. html processor removed it from the comment.

    27. Re:Land of the free by philspear · · Score: 1

      Begs the question "Why is this under YOUR rights online?" It should be under "non-american rights online" or rather "Terrorists getting what they deserve."

    28. Re:Land of the free by thermian · · Score: 1

      I guess it must have been the 2006 election I meant then, I didn't recall the date, just someone fuming about it on the news.

      --
      A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
    29. Re:Land of the free by Anonymous Coward · · Score: 0

      Aye, I wish they'd "throw their vote away" too, instead of the reality of them actually throwing it away. IE, but not even voting at all.

    30. Re:Land of the free by jez9999 · · Score: 1

      I'm glad I live in the US. Even though some ISPs cower in fear, most of them give us enough freedom to do what we want. We truly live in the land of the free!

      But enough from the Whitehouse. What do the people think?

    31. Re:Land of the free by Kjella · · Score: 1

      Why do the media insist that voting for a loser is a wasted vote?

      Would the democrat party love you if you started an ultra-republican party that stole 10% from the republicans? Yes.
      Would the republican party love you if you started an ultra-democrat party that stole 10% from the democrats? Yes.
      A third party works like poison to the side you disagree least with, that is why they say it's wasted.

      In most european countries that would simply shift the balance of a coalition, letting crappy parties fall and good ones rise to the top. That the coalitions are often weak and shifting is the downside, but at least there's many alternative ones.

      --
      Live today, because you never know what tomorrow brings
    32. Re:Land of the free by jez9999 · · Score: 1

      Wow... and if Penn Jillette said it, it MUST be true!!!

    33. Re:Land of the free by slimjim8094 · · Score: 1

      2006 had an enormous turnout for a senatorial election... and look what good it's done us /too lazy to find numbers

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    34. Re:Land of the free by jambox · · Score: 1

      OK no offence. Just saying perhaps we're more sensitive to the class issues this involves.

      --
      You thought you could break the laws of physics without paying the PRICE?
    35. Re:Land of the free by gacl · · Score: 1
    36. Re:Land of the free by Anonymous Coward · · Score: 0

      I wish 60% of the US population would "throw their vote away."

      Too late, Diebold already does that for them!

    37. Re:Land of the free by L4t3r4lu5 · · Score: 1

      Only in Florida.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
  3. Peek a Boo. by Anonymous Coward · · Score: 3, Funny

    What?! I thought P2P allowed me to hide.

  4. The really scary part is... by Penguinisto · · Score: 1

    ...from the looks of it, it seems that the outfit is just as rapacious and extortionist as their US counterparts, but aren't anywhere near as stupid (e.g. I suspect that they don't hire inept unlicensed private investigators, spread easily disproven propaganda, etc). It's almost as if they've learned from their counterparts over here.

    OTOH, they likely still rely on stupid 'evidence' such as IP addys, so (and I'm saying this completely ignorant of how UK civil torts work) there may be a chance of defending oneself there if one is truly innocent.

    'course, it'll still be pricey as hell, etc.

    /P

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
    1. Re:The really scary part is... by calmofthestorm · · Score: 1

      The one that really gets me is when they claim a MAC address is proof, since on windows it can't be changed (to my knowledge, I'm sure ther'es a hack) due to DRM.

      At least an IP is related at all to the downloader, even if it's through a router or WAP, etc.

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    2. Re:The really scary part is... by Nursie · · Score: 4, Interesting

      They've won a few cases.

      Well, let me put that a little more realistically. The defendant didn't even bother to turn up so they got a default judgement in a few cases.
      And they crowed about a record £16000 award for their dumb pinball game a little while ago. Thing is, the lady they won that judgement against had not only not showed up in court, and not replied to any of their letters, but had actually moved house between the alleged infringement and the date the letters were sent. She was never even informed there was action against her. So the ruling isn't worth the paper it's written on.

      Their damage calculations are laughable too. We don't really have punitive damaged in the UK. You might be able to get them laughed out of court by saying "yes, I downloaded over a torrent network. They sell for £5, I downloaded one copy and (as a good torrent citizen) uploaded 110%, meaning their damages are exactly £10.50."

      I don't know exactly what would happen then, but usually that sort of thing should be in the small claims court, not the grown-up court, and legal expenses wouldn't be covered in the judgement there.

      At that amount it's a waste of the court's time.

    3. Re:The really scary part is... by sm62704 · · Score: 2, Informative

      'course, it'll still be pricey as hell, etc.

      Not if you win; in the UK the loser pays.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    4. Re:The really scary part is... by D3viL · · Score: 1

      changing a MAC address on windows is trivial on most network cards (in the Network Connections control panel applet select the NICs properties hit configure and it's usually in the advanced tab)no hacking required just some knowledge.

    5. Re:The really scary part is... by calmofthestorm · · Score: 1

      I know it can be done on XP, but doesn't vista prohibit it? Friend of mine tried to and failed, but needless to say he's not that tech-savvy [running vista]

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    6. Re:The really scary part is... by Drafell · · Score: 1

      A default judgment is not a decision on whether a given party is right or wrong and can still be 'vacated' or 'set-aside' at a later date. At this time nothing has actually been won.

  5. No need to worry by elrous0 · · Score: 5, Funny

    They don't want to sue you or arrest you for file sharing. They're throwing you a party with cake and just want to know how to reach you to let you know about your party. Just stay where you are. A party associate will arrive shortly to collect you for the party.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:No need to worry by StreetStealth · · Score: 2, Informative

      Don't forget to assume the Party Escort Position!

      --
      Your mind is clear / The things that you fear / Will fade with how much you / Believe what you hear
    2. Re:No need to worry by Anonymous Coward · · Score: 0

      The party van is coming!

    3. Re:No need to worry by xpuppykickerx · · Score: 1

      Thank you for flying Church of England, Cake or Death? Cake or Death? Ah, Mr. Hitler, here's the vegetarian plate for you...

    4. Re:No need to worry by ThisIsAnonymous · · Score: 0

      They're throwing you a party with cake

      I hate to break it to you but the cake is a lie.

    5. Re:No need to worry by FoolsGold · · Score: 1

      So long as the ISPs don't warm up the neurotoxin emitters, we'll be fine.

    6. Re:No need to worry by FredFredrickson · · Score: 1

      Uh, death, please. No, cake! Cake! Cake, sorry.

      --
      Belief? Hope? Preference?The Existential Vortex
    7. Re:No need to worry by Prof.Phreak · · Score: 1

      Nah, I think the cake is a lie.

      (a game company going after folks? is the recording industry idling?)

      --

      "If anything can go wrong, it will." - Murphy

    8. Re:No need to worry by Jason+Levine · · Score: 1

      The cake is fine. I'd watch out for the kool-aid punch they're serving, though.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    9. Re:No need to worry by dropzonetoe · · Score: 2, Funny

      The cake is a lie...

      --
      Look out, you'll shoot Dorkus.
  6. Sell Sell Sell by Anonymous Coward · · Score: 0

    If I was the share owner of said US game developer, I would in no uncertain terms Sell Sell Sell. It always amuses me when a company goes off a tries to adjust their core business model. It normally always fails and it appers they are looking for another revenue stream as their's should I speculate is running dry. If I was running a games developer, I would be spending my money on games development not running down to the local casino and betting on black, ahh the wonders of stupidity.

  7. Retroactively? by tiedyejeremy · · Score: 1

    I'm curious if this covers current targets and/or current sharers/infringers or if this is broader in the sense of going after people will Oink.me accounts... ?

    --
    Anything you say will be held against you. ... "tits"
  8. I can't wait by WormholeFiend · · Score: 4, Insightful

    for everyone to panic when the authorities start looking at online data storage services...

    1. Re:I can't wait by thedak · · Score: 1

      No! Don't say that, now they're going to! What have you done!?

    2. Re:I can't wait by bhunachchicken · · Score: 1

      I can't wait to be dragged into court for torrenting the latest Ubuntu ISO release for my Mum... :(

  9. Dear media companies by Anonymous Coward · · Score: 4, Insightful

    Stop trying to sell single TV episodes for $2. If the price was $0.25 or $0.50 to rent it (i.e. view it once or twice, delete 48 hours after first viewing), I'd be a huge customer.

    Stop trying to sell downloadable versions of movies for the same price as a DVD. If I purchase and download a movie, it's already costing me my limited monthly bandwidth and hard drive space that I paid for. If the movie sells for $20 on DVD, sell the downloadable version for $10. After all, I'm missing the extras, too.

    Stop limiting sales to a single country, the internet is world-wide. I don't care who owns what and who's under exclusive contrats with which stations. It's your mess, figure it out.

    Stop trying to put DRM which limit the usefulness of the media we want to buy. I don't want to watch movies and TV shows on my computer and I don't want to be tied to Microsoft-only hardware/software.

    Do people want your content? Yes, otherwise they wouldn't pirate it. Do people want to pay for your content? Yes, if the price, format and limits are reasonable. Find the balance and it'll work itself out.

    I, for one, won't bother with P2P and torrents if it only cost $0.99 for a tune I want. It's easier and faster to buy it from the iTunes Music Store. Their TV shows and movies, however, are too expensive.

    1. Re:Dear media companies by Anonymous Coward · · Score: 0

      You forgot e-books, like for Amazon's kindle, that cost the same as the tree versions.

    2. Re:Dear media companies by Anonymous Coward · · Score: 2, Insightful

      I, for one, won't bother with P2P and torrents if it only cost $0.99 for a tune I want. It's easier and faster to buy it from the iTunes Music Store. Their TV shows and movies, however, are too expensive.

      You don't think that a TV episode (22 to 44 minutes) is at least twice as expensive to produce as a song (about four minutes)?

    3. Re:Dear media companies by FredFredrickson · · Score: 1

      I agree. I don't bother with torrents- I just rent with blockbuster online. But they aren't making too much money off me- I'm definitely not buying anything.

      Oh, and what's this nonsense with waiting an arbitrary amount of time before releasing to DVD? I want the latest season of House, but it takes a year after it's aired? That is the number one thing driving me to piracy lately.

      --
      Belief? Hope? Preference?The Existential Vortex
    4. Re:Dear media companies by jambox · · Score: 3, Interesting

      There are all sorts of restrictions that the industry puts on electronic media distribution, 99% of it is motivated by their desire to protect their existing business model. If the business model changes too much, the web of companies making profit will fall apart. They're ideologically unable to accept the truth; that is, advances in IT mean that eventually artists will sell directly to consumers. The only thing that will remain in between is the critics, DJs, journalists, etc who screen the huge amount of stuff for us. Distribution companies, duplication plants, agents, A&R, agents and lawyers will all be out of a business and shareholders will lose money - that's what they're trying to stop. That will probably happen to music first, but will probably generalise to TV and then movies in time. Inertia is caused by the amount of investment to make the stuff.

      --
      You thought you could break the laws of physics without paying the PRICE?
    5. Re:Dear media companies by Anonymous Coward · · Score: 0

      its hard to decide what has more "value" but heres a tip:
      you can listen to the same mp3 over and over because you like it.
      will you watch the same tv episode over and over? chances are you watch it you trash it and thats it.

    6. Re:Dear media companies by Anonymous Coward · · Score: 0

      I don't care about cost, I only care about the value I get out of it. I'll watch that TV episode only once, but I may be listening to that song dozens if not hundreds of times in my lifetime.

      By your logic, a movie should cost about 2000$ since it cost about a hundred times more to produce than a single TV show episode.

    7. Re:Dear media companies by houghi · · Score: 1

      Do people want to pay for your content? Yes, if the price, format and limits are reasonable.

      And those who are unwilling to pay will be unwilling to pay regardless. With a 100% working DRM, you do not gain those customers. Percentage wise you will go from say 10% of people who illegally download to 0%.

      Money wise there will be no change. Instead of gaining the people who are unwilling to pay, you loose people who ARE willing to pay.

      --
      Don't fight for your country, if your country does not fight for you.
    8. Re:Dear media companies by calmofthestorm · · Score: 1

      And with Requiem your iTunes Music Store is usable with other things as well.

      Too bad the quality's shitty and they're MP3. 'sides, I don't like to subsidize a broken business model. At least amazon sells them DRM free.

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    9. Re:Dear media companies by sm62704 · · Score: 1

      Although I agree with you, trying to get them to do what we both would like to see is like trying to get a crackhead to stop smoking crack. It ain't gonna happen.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    10. Re:Dear media companies by Yvan256 · · Score: 1

      Amazon sells MP3 files, Apple sells AAC files, some of them DRM-free @256kbps.

    11. Re:Dear media companies by RegularFry · · Score: 1

      When has the cost to produce entertainment ever figured in the cost to the consumer?

      --
      Reality is the ultimate Rorschach.
    12. Re:Dear media companies by the_one(2) · · Score: 1

      you're of course right. $1 for a song is way to expensive

    13. Re:Dear media companies by Anonymous Coward · · Score: 0

      Tough shit, music thief. You don't get to set the price a merchant charges for his wares. You either pay it or you find somebody else selling it cheaper - THOSE are your ONLY two options. And just outright stealing music is not an option.

      --

      Don't steal the dream. Don't steal music.

    14. Re:Dear media companies by calmofthestorm · · Score: 1

      Yes. Apple's DRMed files are 128 mbit mp4s if you disable the DRM. Their drm-free ones are good quality. Good point.

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    15. Re:Dear media companies by Anonymous Coward · · Score: 0

      will you watch the same tv episode over and over

      That depends how much Morena Baccarin and/or Amanda Tapping and/or Summer Glau are in it.

    16. Re:Dear media companies by Anonymous Coward · · Score: 0

      Microsoft-only hardware/software

      buy it from the iTunes Music Store

      How does iTunes' DRM differ from Microsoft-backed DRM to an extent that you're willing to accept one, but not the other?

    17. Re:Dear media companies by Anonymous Coward · · Score: 0

      The merchant is being aided by an evil government-granted copyright monopoly. It's NOT a free market, one should feel no guilt about bitching about prices merchants ask - they have been granted abnormal privilege (copyright), allowing them to flagrantly ignore normal market forces that should be driving prices down.

    18. Re:Dear media companies by Anonymous Coward · · Score: 0

      Stop trying to sell single TV episodes for $2. If the price was $0.25 or $0.50 to rent it (i.e. view it once or twice, delete 48 hours after first viewing), I'd be a huge customer.

      Wait, I can buy individual episodes? When did this happen and why wasn't I informed?

    19. Re:Dear media companies by Mashiki · · Score: 1

      You don't think that a TV episode (22 to 44 minutes) is at least twice as expensive to produce as a song (about four minutes)?

      People pay what they feel is the value of something. If they can get it OTA, it costs them nothing. If they get it by cable it probably costs them $0.25-$1.25(reasonably speaking). Larger market, more viewership, more income, so on and so forth.

      Since advertising is where they make their money, they can slap in whatever ads they want and make more money and everyone is happy.

      --
      Om, nomnomnom...
    20. Re:Dear media companies by Anonymous Coward · · Score: 0

      Microsoft forces you into using Windows, iTunes doesn't. Also, iTunes Plus files are DRM-free.

  10. What affair? by frovingslosh · · Score: 3, Informative
    the people behind the now infamous Dream Pinball affair,

    OK, I'll bite, what "now infamous Dream Pinball affair"? Gee Slashdot, this is the web and a post in HTML. Would it have been so much to ask that any such statement like this might contain a link to some past discussion about this now infamous thing that we are all supposedly in the know about? Is it too much to ask that an editor who accepts such a story either requires such strong statements to be supported or (if he's willing to do more than just accept a submission verbatim (you know what I mean, edit) put the link in?

    --
    I'm an American. I love this country and the freedoms that we used to have.
    1. Re:What affair? by Pugwash69 · · Score: 1

      I'm going to find out what this infamous affair is and download it now. No, wait!

      --
      Pro Coffee Drinker
    2. Re:What affair? by jambox · · Score: 4, Informative
      --
      You thought you could break the laws of physics without paying the PRICE?
    3. Re:What affair? by bhunachchicken · · Score: 2, Informative

      This is because of the woman who is facing a £16,000 ($32,000) fine for sharing Dream Pinball online.

    4. Re:What affair? by sm62704 · · Score: 1

      I hadn't heard of it either, so I googled, planning to ridicule you on your lack of research skills.

      No ridicule here though, all the links google comes up with assume you already know about it. Wikipedia has no entry at all on "dream pinball". I fail it, too.

      Somebody's retarded, and it ain't you.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    5. Re:What affair? by Anonymous Coward · · Score: 0

      JFGI

  11. Been Going on for a While by segedunum · · Score: 3, Informative

    They're using Norwich Pharmcal court orders, which basically obligate someone mixed up in wrongdoing (i.e. ISPs) to hand over information related to that wrongdoing. However, in many cases the ISPs seem to be handing over information without a court order, or signing off a confirmation with the letter they get from Davenport Lyons so they don't have to turn up to the court order hearing. The court order is merely in case ISPs are worried about little things like the Data Protection Act. They can then invoice Davenport Lyons, and in one case Telewest invoiced for over £18,000.

    However, it seems that Davenport Lyons says that you can pay £300 and make all this legal stuff just 'go away'. I was under the impression that Norwich Pharmcal order were given out on a reasonable basis, simply because they can obviously be abused. I'm pretty sure that extortion, which is what this is pretty much, is against the terms of the order. You can't just use the order and the information you get from it to extract money from people.

    1. Re:Been Going on for a While by jimicus · · Score: 3, Interesting

      in case ISPs are worried about little things like the Data Protection Act.

      Ah yes, the Data Protection Act.

      That would be the law which is misinterpreted to mean that a mother can't complain about a present purchased for her 7 year old until said 7 year old has agreed that she can discuss it?

      (Incidentally, the law is perfectly clear and was obviously not relevant in this situation - it's just been used as an excuse to be stupid by countless organisations)

      And this would also be the law which despite numerous high-profile data loss cases has resulted in only one reasonably high-profile fine (which the organisation concerned publicly announced would come out of customer's pockets because they "didn't think it fair" to take it from the Chairman's bonus).

  12. This is fucking ridiculous by bhunachchicken · · Score: 3, Interesting

    I swear this contravenes the Data Protection Act.

    And how come they are allowed to do such a thing?! One rule for them, another for us. Here's an example: The other day my brother calls me up to tell me he's lost his glasses. He's trekking in a jungle somewhere in Malaysia and now cannot see very well.

    However, he asks me to get his prescription details so he can get a pair made up there. I then call the optician and explain the predicament. But, to my dismay, they refuse to hand over the details because it is a breach of the Data Protection Act. Erm... WHAT?!!

    These ISPs should not be handing over any ones' details, at all. It's not like the users are planning to blow up Canary Wharf...

    1. Re:This is fucking ridiculous by RiotingPacifist · · Score: 1

      These ISPs should not be handing over any ones' details, at all. It's not like the users are planning to blow up Canary Wharf...

      Speak for your self. fortunately ill be switching from virgin to Be this weekend, hopefully they wont be so public with my details and hell even if they are then at least they wont be traffic shaping me while they do it

      --
      IranAir Flight 655 never forget!
    2. Re:This is fucking ridiculous by bhunachchicken · · Score: 1

      Virgin Media are fucking shit. I moved from them myself. Their service becomes unusual between 4pm and midnight. At one stage I couldn't even get onto Google without the connection timing out.

    3. Re:This is fucking ridiculous by Inda · · Score: 1

      Horses for courses.

      I have very little connection problems in the evening. Only once being hit by their throttling.

      Phorm does scare me though...

      Just got off the phone to them, had my TV package upgraded to include Setanta and all the kid's channels, got a free wireless router in the post and a reduction of £12 a month. All I had to do was ask. Give it a few months and I'll ask for another V+ box for upstairs...

      --
      This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
    4. Re:This is fucking ridiculous by gsslay · · Score: 1

      I swear this contravenes the Data Protection Act.

      You don't know much about the data protect act then.

      The very significant difference between Topware Interactive's endevours, and the tale of your brother's glasses, is that your story doesn't involve a High Court Order. If you had sent one of these to your brother's opticians you would have his prescription details double quick. Same laws apply.

    5. Re:This is fucking ridiculous by Anonymous Coward · · Score: 0

      Well, if you're a Brit then maybe you can figure this out for us. Something I've noticed from afar is you've got a strange interpretation of who responsible parties are.

      Example: In the UK a company hires a web developer to create their website, and gives the developer their existing media kit to work from. An unnoticed problem is one of those photographs was only bought from the photographer for print use, not electronic reproduction. Who is liable for damages to that photographer? In the UK, the web developer is, not the client who provided the kit.

      That strikes me as rather bizarre, and I can't figure what point of law it was developed from. I'm wondering if UK ISPs are in a similar bind of liability here, causing them to cooperate.

  13. Ruin them!!!! by Pvt_Ryan · · Score: 1, Troll

    Well it's difficult to fight back but there is a way.

    EVERYONE STOP buying the games from this company. PIRATE ALL of their games.

    They want to play hard lets play harder, lets stop their revenue completely and force them to file a chapter 11.

    Maybe the botnets could do some good, they could host & advertise the pirate copies

    NO SURRENDER!

    1. Re:Ruin them!!!! by Pvt_Ryan · · Score: 2, Funny

      I should probably add teh following disclaimer:

      I do not support or codone piracy in any way shape or form. The views expressed above are not my own.

    2. Re:Ruin them!!!! by L4t3r4lu5 · · Score: 0, Offtopic

      Yes, that worked well at Nuremberg.

      "I do not support or condone the extermination of Jews in any way, shape, or form. The views expressed are not my own. HEIL HITLER!"

      Godwin, and Quirk's. Carry on.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
  14. I love the privacy double-standards around here by Anonymous Coward · · Score: 1, Insightful

    Always up in arms when their file sharing is exposed, but leading the torches-and-pitchforks crowd to a lynching if spammers or tax avoiders are involved.

    You rubes don't seem to realize your views on privacy are leading to an internet where NOTHING is private. Everyone supports privacy when people are doing things you like, but we need a panopticon for people doing bad things. Just like the First Amendment only protects popular speech.

    Either you support true privacy or you don't. Even when "bad" people might do so-called "bad" things you don't like with their economic or political privacy. If you think only p2p transfers will be private, but spammers and drug dealers and tax avoiders will be exposed to every govt regulator/tax collector on the planet, you are fooling yourselves and inviting in big brother.

    1. Re:I love the privacy double-standards around here by Nursie · · Score: 1

      "Either you support true privacy or you don't."

      False dichotomy, thanks for playing, see you next week folks!

      I support copyright reforms. I support harsher laws against spamming. I also support firm evidence being used to obtain a court order, and these pigfuckers don't have any.

  15. If you don't have $2, no one cares about you by Anonymous Coward · · Score: 2, Funny

    If you don't have $2, no one cares about you in the first place. You are like one bum on skid row: only a problem for the street sweepers. Heard of Tivo? No, I don't think you have. VCR? TV Guide + alarm clock?

  16. No by Anonymous Coward · · Score: 2, Insightful

    The correct response to such a request is a unanimous "no" from all large ISPs, and to await the fine.

    Then to put up subscription prices accordingly to reflect the amount of the fine.

    Then all users of those ISPs know what the "rights holders" are doing.

    Then it gets press coverage.

    Then everyone knows.

    Then people start to whine.

    Then politicians see a bandwagon to ride.

    Then the law gets changed.

    But it has to start with atlas shrugging.

    And I hate myself for making the Ayn Rand reference, sorry, but a group of powerful businesses needs to say "no, we want to trade freely and treat our customers with respect, fuck off government" rather than being in cahoots with them.

    1. Re:No by L4t3r4lu5 · · Score: 1

      goodluckwiththat.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    2. Re:No by rugatero · · Score: 1

      That'll work - unless at least one ISP rolls over, avoiding the fine and thus the need to increase subscription costs. Consumers, uninterested in why all the service providers except X have raised prices, say "Fuck that, I'm switching to X - it's cheaper".

      --
      This comment is for entertainment purposes only. Any similarity to real insight or information is purely coincidental.
    3. Re:no by bigstrat2003 · · Score: 4, Insightful

      democrats are not supporting it.

      Obama's vote in the Senate record suggests otherwise.

      but obama and his group had to vote for the bill...

      The claim of cowards and liars throughout history. Obama voted for telecom immunity, and has shown what sort of man he is. Sad that you're too taken in by his lies to realize it.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
  17. Don't buy their crap - or download it! by shomon2 · · Score: 1

    I don't know about the pinball thingy, but generally, in the UK, you can see all the TV you want on iPlayer or any of the major and minor channels' own players - or just download Miro and thereby take part in legal, CC licensed or public domain video torrenting so as to watch whatever you want that's not spoonfed by media companies.

    Same goes for online music - you can listen for ages on jamendo, last.fm or magnatunes, and an ever increasing number of net labels on archive.org etc, without ever so much as a sub-subpoena. Creative Commons music is now so varied and widespread that I don't see a reason to have to steal.

    But for games? I guess games are still an area where there will be piracy... Open source and CC just aren't there yet (with big 3d flashy games, not the huge amount of simpler open source games around), although the guys at Blender are taking some first steps: http://www.yofrankie.org/

    Ale

    1. Re:Don't buy their crap - or download it! by Tony+Hoyle · · Score: 1

      The iplayer is the only useful one. The others use Kontiki practically malware.. it's Windows only, can't be easily uninstalled (add/remove programs does *not* uninstall it) and sucks your bandwidth whether you're using it or not. For the majority of poeple with bandwidth limits it's just not an option.

  18. The History of the Affair by kid_oliva · · Score: 1
    --
    I eat Karma for breakfast, lunch, and dinner. That's why I don't have any.
  19. Not *quite* as bad as it sounds by clickclickdrone · · Score: 2, Interesting

    Recently there was lot of UK press about someone being made to cough up £16K for sharing MP3s. What the press omitted to say was that Davenport Lyons wrote to thousands of people saying 'You owe us £6K for piracy!'. Almost everyone wrote back and said 'No we don't, prove it'. DL did no more. The rest of the recipients ignored the letter and in the case in question, the person didn't even bother to turn up at court so got the full amount of £6K plus £10K costs against them.
    I suspect they know damn well all they have is some basic data and not enough for any sort of solid case. Did they have entire files? Did the file signatures match known cheksums of copyright files? Were the connections wireless and unencrypted? Are there multiple users on a single PC etc. etc.

    --
    I want a list of atrocities done in your name - Recoil
    1. Re:Not *quite* as bad as it sounds by Tony+Hoyle · · Score: 2, Informative

      The reason they didn't turn up is because they didn't actually know there was a court case against them - they had moved house and the lawyers didn't bother to find out the new address. How the hell they managed to get a judgement when the accused didn't even know they'd been accused of anything I've no idea.

    2. Re:Not *quite* as bad as it sounds by lazy_playboy · · Score: 1

      > Almost everyone wrote back and said 'No we don't, prove it'. DL did no more.

      Would you mind posting how you know this? Simply because if this can be effective then everyone needs to know....

    3. Re:Not *quite* as bad as it sounds by clickclickdrone · · Score: 1

      Would you mind posting how you know this? Simply because if this can be effective then everyone needs to know....

      http://torrentfreak.com/uk-game-piracy-the-propaganda-the-evidence-and-the-damages-080821/

      --
      I want a list of atrocities done in your name - Recoil
    4. Re:Not *quite* as bad as it sounds by clickclickdrone · · Score: 1

      Oh, and it was a game, not MP3s, my bad.

      --
      I want a list of atrocities done in your name - Recoil
  20. Amiga out of the dust. by dascritch · · Score: 1

    Sorry, do we talk about "Pinball Dreams", on Amiga ? http://en.wikipedia.org/wiki/Pinball_Dreams

    --
    (Sorry my bad French) Je fais parler les Guignols de l'Info. Le pied, quoi.
  21. This happened a while back actually by Nursie · · Score: 1

    If you look at the article over at the register and the court order they link to you'll see that the information handover took place at the end of June (or July for BT).

    There are lots of reports of them getting this stuff totally wrong though. Also the people gathering the data have apparently been pretty much banned in France/Germany, hence trying their luck in the UK.

    I don't think this'll last long, but on the other hand it could ruin some lives in the mean time.

  22. Sir Alan Sugar should be arrested at once! by Joce640k · · Score: 4, Insightful

    Alan Sugar got rich by making a HiFi with twin cassette units. If you didn't have one yourself, you knew somebody who did. Suddenly *everybody* could copy tapes easily (and at double speed!)

    Home taping was rampant. I knew people with tens of thousands of tapes in their room.

    The record business didn't die then, in fact their boom years came long afterwards.

    How come Alan Sugar got a knighthood but these days we're throwing away all due process over the exact same "crime".

    --
    No sig today...
    1. Re:Sir Alan Sugar should be arrested at once! by jez9999 · · Score: 1

      That's it. You're FIRED!!

      And you mispronounced his name twice, too. It isn't Alan, OK? It's SrAlan. Practice it. 'SrAlan, please have mercy on my soul'.

    2. Re:Sir Alan Sugar should be arrested at once! by Anonymous Coward · · Score: 0

      Well, you guys *do* have a tradition of awarding knighthoods to pirates...

      The record business didn't die then, in fact their boom years came long afterwards.

      You exaggerate. Also Sugar got rich doing quite a number of other things, and a *single* ten thousand cassettes is twelve cubic metres. (I leave it as an exercise to the reader to calculate the weight, and the holding capacity of the average British floor.)

      But what the home cassette boom did do is give us New Wave. Love it or loath it, it broke us out of the gelatinous cube of 70s pop. Suddenly little club bands could get big followings irrespective of radio payola and store shelving policies - this made them unignorable to the music business in that post-45rpm album-contract-lockdown world. Also, the bands could make a little more coin per gig by selling their own tapes. It was a crucial breakout from what had become a corporate stranglehold on "popular" music.

    3. Re:Sir Alan Sugar should be arrested at once! by LordSnooty · · Score: 1

      Sir Alan Sugar convinced a court that there were enough non-infringing uses[1] to justify its existence. But don't think big media didn't go after him. Thankfully in this case no-one is threatening to prosecute the mere use of p2p programs.

      [1] Birdsong was played into the court to demonstrate how a birdwatchers' group might use the twin deck to swap their favourites. Too late to research but from memory it was a case brought by Sony in about 1984.

  23. Game, set, match... by harrie_o · · Score: 2, Informative

    Look people, its all over. Why persist in trading copyrighted materials using Bit-torrent?

    To find anyone who is using bt to get an illegal file is like shooting-fish-in-a-barrel. Its not rocket science. To get a file sharer's name all any corporation has to do is:

    1) attempt to download the file (just a tiny bit).

    2) snap the list of peers that have 100-percent (cut and paste) and note the time in GMT (UTC).

    3) end the download before you got anything

    4) using ping -a to lookup the name of the computer at that ip address (gets the ISP, too its just that simple).

    5) write letter to ISP demanding its logs of what customer was on that IP address at that time.

    The ISP then sends it letter and its game, set, match. Just give it up. Use bt for your own creative content and what (like youtube) could be considered fair use.

    1. Re:Game, set, match... by plasmacutter · · Score: 2, Interesting

      that's been going on in the US for a decade, the p2p use continues to rise, the risk of being sued continues to diminish.

      Game, set, match all right. The people win.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    2. Re:Game, set, match... by Spatial · · Score: 1

      You know, if people really did stop, I bet that the music - and to a lesser extent the TV - industry's profits would go into a decline. I don't listen to pop music to begin with, but I see people on IRC DCCing stuff or linking torrents to each other all the time, saying "Hey have you heard this?!" It's a big source of popularity, and pirates are customers too.

    3. Re:Game, set, match... by Maestro485 · · Score: 1

      First, BT that the summary refers to is the name of an ISP in the UK, not bit torrent. Second, downloading 'just a tiny bit' of a file, then taking a screenshot of peers proves nothing except that the list of peers has 100% of some file who's name is similar to the name of a copyrighted work. Also, that 'tiny bit' of a file very likely does not constitute distribution of said file since, in and of itself, it is utterly useless.

    4. Re:Game, set, match... by dwandy · · Score: 1

      5) write letter to ISP demanding its logs of what customer was on that IP address at that time.

      to which the correct ISP response is, got warrant?

      and when you don't, they say "piss off, come back with a warrant".
      and so you wander off to the judge and say i've got these IP addresses I want to know who owns them, and the judge says: on what basis? and you say 'cause I saw them on the BitTorrent downloading, and stuff. To which he says, "Your word as an interested individual that they did this isn't reasonable grounds to demand the ISP identify the account holder. you need some kind of evidence. And even if i were to give you the account holder, you still don't have any way to attach that to a person performing infringement, as there may be more than one individual using it, and there may be individuals using it without the knowledge of the account holder. So your evidence is suspect, and even if it wasn't it wouldn't mean anything. so piss off. Come back when you have independent evidence that can be linked to an individual."

      which you can't get.

      At least that's how it should work in a working legal system.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    5. Re:Game, set, match... by Xest · · Score: 1

      Without downloading anything all that proves is that a particular IP is advertising a particular set of files with a particular checksum. This has two major flaws:

      1) Just because the computer in question says it has the file, doesn't mean it has all of it. You'd need to download 100% (or at least enough to prove they have at least some of your IP) from this single machine to prove they really have what they say they have. I could setup a honey pot to make these people believe I'm sharing such a file but it doesn't mean I am, as such I haven't comitted any wrongdoing whatsoever but by your reasoning I should be allowed to have my personal details handed over, in breach of the data protection act and be forced into court. I would advocate people start setting up such honey pots with this specific software if I didn't think they'd somehow screw the system and still get you in trouble despite not doing the slightest thing wrong.

      2) This still doesn't prove exactly who is responsible. All it proves is an IP address claimed it was sharing the content in question. Just as you can't be held responsible for someone stealing your car and running someone over, you can't be held responsible (yet) for someone stealing your wifi and downloading copyrighted material on your connection. People would need to spy on everything their kids/grandkids/spouses/friends/flatmates/lodgers/whoever do to ensure they weren't downloading copyrighted material if you were responsible for the actions of your connection. This is clearly unreasonable.

      Perhaps what makes it even worse is that you could conjur up fake logs or a fake screenshot of an IP address and have it admissable as proof of guilt should this sort of thing be allowed to continue. Should I manage to get your IP address all I'd need to do is doctor a bitmap or edit a few text files with it, say to the courts it's proof of wrongdoing by you, hope you don't turn up to court (if it's sent to the wrong address or similar as has been the case with Davenport Lyons in some cases here) and then have you owe me £16,000.

      The reason people are arguing this is because these companies in the US, the UK and so forth aren't gathering evidence that actually proves a specific person is actually guilty of anything so it's not over, and to give it up would be a severe loss for personal privacy and due process in the legal system.

    6. Re:Game, set, match... by harrie_o · · Score: 1

      Thanks for replying. What if the copyright holder or his shill was the one posting the file as bait for "sharing" ? This makes the shooting-fish-in-a-barrel analogy even more obvious.

      If I was a Public Relations firm employed to guage the popularity of my customer's content I would do exactly this and prosecuting the fish I catch would be like "icing on the cake".

      This is the point of the article. A new line of law has sprung up to prosecute file sharers and its going to be pretty easy to do. Hard to protect yourself from false (and expensive) prosecution.

      To protect yourself, use Linux firewall so you can keep accurate and exact records of what IP address and time (GMT, UTC) you are using at all times (set the clock and log the ip in your ip-up.local each time it changes) so you don't get targetted you will need to prove you weren't on that IP address at that time (your lawyer can demand your very own ISP's logs on you and compare them to yours).

      Dangerous times we live in when everyone steals from everyone else. Sad but true. Takes all the fun out of the internet but welcome to the real world until the next new toy comes along uncorrupted by big business and lawyers.

    7. Re:Game, set, match... by harrie_o · · Score: 1

      Thanks for replying. The DMCA passed years ago and it gives any content owner all the legal basis they need for a warrant. Its all going to be automated shortly and you will receive your "illegal file sharing" bill in the mail each month just like any other.

      Or just give it up, the law in the US was changed on July 9 when Pelosi got Obama to hand Bush a "compromise" of an approved spying on Americans bill Bush was drooling over. McCain and Hillary did not approve and Hillary went so far as to vote against legal spying.

      Who are they spying on? All of us in the US on major ISPs (see Narus suite, etc) dating back to 2005. Then they just comb back thru the logs from the past to see what they are interested in later. Fish in a barrel. Game Set Match.

    8. Re:Game, set, match... by harrie_o · · Score: 1

      The law only cares who is responsible is the name of the person paying the Internet bill for that IP address. So kiddies will indeed get Mom, Dad, and GrandMa in trouble. Its just a fact of life and will get you kicked out on your own trying to find Internet (or using the library) if you go up against authority ... (Mellencamp) authority always wins.

    9. Re:Game, set, match... by harrie_o · · Score: 1

      THanks for the reply. I am a late-comer to P2P getting here after Andrew Cuomo (yes the same one whose father Mario Cuomo decided in 1992 that Bush-I was un-beatable and did not run for president ... opening the door for Bill Clinton) as New York Attorney General shutdown nntp:// in June getting my ISP to drop it all together rather than police it.

      P2P gets the ISP out of the middle. The gov't can now go directly after the file sharer. The only need for the ISP is to get the name after you have the IP address (see my original post, "Game Set Match").

      Illegal content cannot hide behind anonymity much longer. THose days are past as USENET died the job of policing the newsgroup server left the ISP who never wanted it anyway and fell to each and every person who pays their ISP bill to get an IP address. If you are lucky enough not to pay the bill you can just get someone else in trouble.

    10. Re:Game, set, match... by harrie_o · · Score: 1

      THanks for the reply. I have been programming since assembler language on IBM 360 mainframes in 1981 and networking since I got the mainframe to drive little desktop PC printers in 1985. You know I hope that P2P lives forever : microTorrent is the smallest, fastest, most reliable program I have ever seen and it makes content distribution completely decentralized reliable and FAST and this is the best invention since Gutenberg and the invention of moveable type printing press.

      When the law changes to allow micro-payments then we can all use micro-torrent to share anything. That day is so far in the future because much political cash can be wrought from the broken system we have now based on everyone stealing from everyone else from the politicians on down to the file sharers.

      Its like pot smokers. Occasional use is expected and tolerated among teens but anyone who lives to smoke pot becomes a pot head and the rest of their life dries up as their other interests disappear one by one.

    11. Re:Game, set, match... by plasmacutter · · Score: 1

      you don't seem to understand, that's exactly what I have been saying.

      It's been like this for 10 years now (since 1998).

      What, you didn't think ISPs kept logs of this kind of thing? You think they assign anyone with a modem connected to the cable an IP? no, you have to pay them, and they have to keep track of it to prevent stolen internet service.

      This is not "different", it's more of the same.

      This said, the only real way to determine if someone is sharing something "illegal" is to actually connect to that person.

      Usenet is not "dead", not even close. Numerous independent servers and international ISP's cache usenet. Connecting to usenet is a very secure way to share files because they are protected by court precedents dating to before the great bribery campaigns, and because youre communicating directly with a server rather than random users, there's no MAFIAA representative able to snoop your connection.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    12. Re:Game, set, match... by plasmacutter · · Score: 1

      I'd like to add that it's very very hard to connect an IP address to an actual person.

      There are numerous defenses, and recent studies on ip spoofing revealed researchers could frame fax and copy machines for copyright infringement.

      The real security though is the MAFIAA is doing the equivalent of firing shotguns at the beach. Chances of a specific grain of sand being hit by lead shot are infinitesimal, even lower if you act judiciously to bury yourself in the deepest of darknets.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    13. Re:Game, set, match... by Xest · · Score: 1

      You need to check that, it's absolutely not the case- you can't be guilty of a crime someone else comitted. For some crimes you can be guilty of association if you knowingly aided the crime, but it's upto them to prove you knowingly aided the crime, something which is impossible unless they monitor your PC itself using a trojan or physically spy on you.

      The only relevant point is that your ISP contract says you're responsible so the absolute worst case is that the ISP could terminate your contract with them and you could go elsewhere.

      The only reason people have lost cases in these kind of scenarios is that they have either not turned up to court, or they've not had a technical enough background to argue this very point or had the common sense to deny it was them.

  24. no by unity100 · · Score: 0, Troll

    democrats are not supporting it. but obama and his group had to vote for the bill, because if they resisted it, they wouldnt be enough with democrat numbers in senate to bring a bill that would trash telecoms, and nothing would change. in previous situation, warrantless wiretapping was totally without oversight. in the new situation, at least high courts are involved.

  25. ISPs should purge data when no longer needed by davidwr · · Score: 1

    For that matter, any company that keeps data on customers should erase it when it no longer needs it, unless data retention is required by law.

    If ISPs had a "keep metered-billing customers' data until the bill is paid, and don't keep unmetered customer's data for more than a few days" there wouldn't be much data to subpoena.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:ISPs should purge data when no longer needed by Tony+Hoyle · · Score: 1

      A certain amount of data retention *is* required by law - they're billing you for that data, so they need to keep records of exactly what they're billing you for for (IIRC) 7 years.

      Of course any company with a backbone when faced with a request for data will reply 'STFU - come back with a court order'.. I know my ISP would as they've said as much publically. If all ISPs did that it wouldn't be economic to gather all that data.

    2. Re:ISPs should purge data when no longer needed by Anonymous Coward · · Score: 0

      From an accounting perspective, financial data must be kept for 7 years under Sarbanes Oxley.

      As ISP could reasonably be required to keep track of who has service with them for that time period (ie prove that x was a customer by showing payments, billings, and account balances), but certainly not what the service was used for.

      ISP's are not required to keep data on what you are using their services for, but do so for the purpose of showing that you are in fact using their services. So when you say - hey ISP, you arent providing service, refund my money - , they can respond - you downloaded 200 GB through our service last month, and are emailing us from the IP address that corresponds to the account we provide service for.

      To be fair, they have no business seeing what you are downloading, but rather how much, so they can appropriately price services based on general consumer use (unlimited accounts) or individual use (metered account).

    3. Re:ISPs should purge data when no longer needed by lazy_playboy · · Score: 1

      Whats the name of your ISP?

  26. Mouseland by Anonymous Coward · · Score: 0

    I read this on a slashdot post that I am too lazy to find. Here is the gist:

    The mice in mousland are very patriotic and they always vote. Usually they have two options: the red cat, and the blue cat. Once in a while they get the rogue spotted cat as a third option.

    The cats pass laws that are very good....for cats. Unfortunately, they are very hard on the mice. The mice usually respond by voting one cat out of office, only to replace him with another cat. Then they are surprised to find things aren't getting any better.

  27. British Privacy Laws by Nom+du+Keyboard · · Score: 1

    I thought Britain had better privacy laws than in the USA where, while the RIAA is still getting data as we speak, it's getting harder and harder for them and many defendants are able to challenge at the initial John Doe stage.

    What would happen if every one of these cases decided to go to court over this?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  28. Next Step by MRB+Constant · · Score: 1

    The next step -- prosecutors to peruse through ISPs data.

  29. in the basement by catbertscousin · · Score: 2, Funny

    The new address was in a locked file cabinet in a disused bathroom in the basement with a sign on the door that said "Beware of the leopard".

    --
    No good deed goes unpunished. - Avon, Blake's 7
  30. Just common sense by frovingslosh · · Score: 2, Insightful

    It shouldn't even be an issue of a lack of research skills, it should just be common sense in an HTML medium that one would include a link in such a serious statement. Yea, Google comes up pretty dry unless you find the magic words to key on, but if you are doing web journalism, as /. claims they are doing, (as well as calling the people who somewhat arbitrarily pick stories to be "editors"), then it's not unreasonable to set an expectation that links would be provided in such statements. I'm as peeved about this as I am when Associated Press or Reuters run a story on the world's ugliest dog, or fattest cat, or how much Rielle Hunter's baby looks like John Edwards, without actually showing a photo of the subject. Perhaps more peeved, because (not to excuse the others) Slashdot is exclusively web based and should be more technical and should know better.

    --
    I'm an American. I love this country and the freedoms that we used to have.
    1. Re:Just common sense by sm62704 · · Score: 1

      It shouldn't even be an issue of a lack of research skills

      I agree, it's a pet peve of mine, too. I shouldn't HAVE to research; literary research has traditionally been following citations ("links" in the online world). Usually when someone pulls that stunt, I google and then berate them for not adding a link. Once in a while I can find something that's completely outlandish (uncyclopedia, the onion, or a wikipedia article on something that sounds the same but isn't) and make them look REALLY dumb.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  31. Re:first post by BPPG · · Score: 1

    ok, i'll post first. whatever.

    Well somebody has to.

    --
    What's the value of information that you don't know?
  32. Hard to glue down by Anonymous Coward · · Score: 0

    "How can you f***ing be responsible for something you don't even know how it works?"

    I feel the same way about Linux.

  33. It works for our government. by Anonymous Coward · · Score: 0

    Why not us?