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Nearly 100,000 P2P Users Sued In the Past Year

An anonymous reader writes "The avalanche of copyright infringement lawsuits in the United States, mainly against BitTorrent users, are about to hit a dubious milestone. In total 99,924 defendants have been sued in the last 12 months, and new cases are being filed at a rapid rate. Adult companies in particular have embraced the profitable pay-up-or-else scheme where tens of millions of dollars are at stake." Though, as other readers point out, both judges and cable companies are getting tired of the endless subpoenas in P2P porn cases.

254 comments

  1. 400 million to go by Anonymous Coward · · Score: 0

    while rapist sand murderers wait for trials, lets think of missing children er missing tunes ya thats it.

    1. Re:400 million to go by Anonymous Coward · · Score: 3, Funny

      Rapist sand murderers? My, America is worse than I thought.

    2. Re:400 million to go by Anonymous Coward · · Score: 0

      I think he is referring to the recent trouble in the judicial system of the Tusken Raiders.

    3. Re:400 million to go by nurb432 · · Score: 3, Interesting

      Rapists and murders don't effect the media giant's revenue stream. In fact they enhance it due to 'made for TV movies' and pseudo 'news commentatry' shows that come out of the drawn out court cases.

      --
      ---- Booth was a patriot ----
  2. P2P= by Anonymous Coward · · Score: 0

    Pr0n to Pirates.

  3. problem solved by thehodapp · · Score: 3, Interesting

    don't be a victim. Use a proxy.

    1. Re:problem solved by Anonymous Coward · · Score: 0

      How do you find one? Any tips?

    2. Re:problem solved by Anonymous Coward · · Score: 0

      I used a pixy.

    3. Re:problem solved by Anonymous Coward · · Score: 1

      For downloading the torrent files:

      - proxy.org
      - proxy4free.com

      Downloading through p2p:

      - btguard.com

    4. Re:problem solved by Anonymous Coward · · Score: 0

      Won't relying on DHT and never using trackers work, so long as the bad guys aren't seeding themselves?

      // knows hardly anything about bittorrent

    5. Re:problem solved by MacGyver2210 · · Score: 2

      Proxies are seriously slow unless you configure your own in some way, or know someone with a nice low-user high-speed setup in an anonymous location.

      --
      If the only way you can accept an assertion is by faith, then you are conceding that it can't be taken on its own merits
    6. Re:problem solved by icebraining · · Score: 1

      Oh, but they are. Well, maybe not seeding, but certainly with logging P2P clients which log your IP when you share with them.
      The only way to be really protected is using a proxy/VPN.

      See http://bitaudit.com/ for example.

    7. Re:problem solved by Lord+Bitman · · Score: 1

      given that all of these lawsuits are over uploads, not downloads, couldn't you just...not upload?
      I mean really, how hard is that?

      --
      -- 'The' Lord and Master Bitman On High, Master Of All
    8. Re:problem solved by Anonymous Coward · · Score: 1

      It's easy but dickish.

    9. Re:problem solved by Anonymous Coward · · Score: 0

      in case of porn, being a dick is not so much an issue?

    10. Re:problem solved by Profane+MuthaFucka · · Score: 1

      ipredator.se works pretty well.

      Big question though - on Windows if the proxy fails, all your traffic starts going through the regular internet connection again. Does anyone know how to block all internet traffic unless the proxy is up and working?

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    11. Re:problem solved by linuxpyro · · Score: 1

      Here's a thought: In order to get you, don't they have to prove that you have the entire file? Like by downloading the entire file from one peer? So, could you avoid problems if you say took a laptop to a variety of different Internet connections and spread the uploading?

      --
      Saying "I'll probably get modded down for this" in a post is the best way to get it modded up.
    12. Re:problem solved by Anonymous Coward · · Score: 0

      don't be a victim. Use a proxy.

      Or better, at least certainly faster: use a virtual machine connecting to a VPN like IPREDator. That way, you can download stuff anonymously on the VM while continuing to use your main machine as normal. Works for me using a VM running a minimal install of Ubuntu (with 250Mb RAM) running transmission-daemon. I then manage that from my host machine using transgui. The VM connects to IPREDator using pptp.

    13. Re:problem solved by GameboyRMH · · Score: 1

      The MAFIAA doesn't seem to monitor the downloading of the torrent files themselves (which makes sense, since the torrent files don't contain infringing content).

      BTguard looks like it can do the job of proxying a BT client, as long as the speeds are decent. Curiously it only says it's compatible with uTorrent and Vuze. Does it use some kind of plugin or does it work with any client that can run through a proxy?

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    14. Re:problem solved by hesaigo999ca · · Score: 1

      Tor to the rescue.

    15. Re:problem solved by Lord+Bitman · · Score: 1

      no, they don't.

      --
      -- 'The' Lord and Master Bitman On High, Master Of All
  4. How about the rest of the relevant statistics? by Gaygirlie · · Score: 4, Insightful

    How about the rest of the relevant statistics? Ie. how many of those actually went to court, and in how many of those did the judge actually rule in benefit of the porn company? Just saying that 100,000 people got sued doesn't really tell enough.

    I'm not too good with spreadsheets and I can't see such information in the article itself.

    1. Re:How about the rest of the relevant statistics? by mickwd · · Score: 4, Insightful

      Speaking of statistic, 100,000 is starting to be a big group of.....voters. Especially if you include the families of those affected.

      Big enough to make the difference in some marginal seats.

      Perhaps it's time to start asking questions of which politicians do and don't support these legal actions.

      Politiians are whores for your votes - perhaps it's time to start using that fact.

    2. Re:How about the rest of the relevant statistics? by muuh-gnu · · Score: 3, Insightful

      > Perhaps it's time to start asking questions of which politicians do and don't support these legal actions.

      And when they promise not to support this but then do?
      And then you look for somebody else for the next election, and then they also promise not to but then do?

      The fundamental problem here is: you cant punish politicians for outright lying other than not voting for them the next time. But because there always pass several years between the elections, the electorate simply forgets who broke what promise years ago. They tend to trust their guts and weight recent believeable promises way more than on long forgotten lies. Knowing that, in order to get elected you merely have to make believeable promises. After being elected you then can base your decisions on what to actually _do_ solely on who pays the most.

      If we had a system like in Switzerland, where any law the public does not agree with can be invalidated with a successful referendum, the politicians could be trained to not to introduce laws which with a high probability would be invalidated anyway _and_ would damage their party's chances to get reelected next time. Also Switzerland has a real and more dynamical multi party system with more than merely two (identical) choices, but thats a another story.

    3. Re:How about the rest of the relevant statistics? by crackspackle · · Score: 3, Insightful

      How about the rest of the relevant statistics? Ie. how many of those actually went to court, and in how many of those did the judge actually rule in benefit of the porn company? Just saying that 100,000 people got sued doesn't really tell enough.

      I'm not too good with spreadsheets and I can't see such information in the article itself.

      The fact this number of people in the U.S. were sued is sufficient enough reason for me to avoid file sharing completely. No disposition of case is easier than not having been sued at all. Regardless of my beliefs on the ethics of file sharing or the dubious length of copyright holder rights, there are far many other causes of greater concern than for me to waste my time or risk significant legal exposure to prove I'm right on a point that could be argued correctly ad infinitum on either side of the coin, especially when it comes to torrents which are trivial to track. You ask for more statistics but given that there are a smaller number of file sharers than the population as a whole, that number is more than enough for me. Yes, I did read the article and yes, that number applies to the United States alone.

    4. Re:How about the rest of the relevant statistics? by lee1026 · · Score: 3, Interesting

      We do have a system like that here in California. It is not working extremely well as the people just keep voting in spending increases while voting down tax increases.

    5. Re:How about the rest of the relevant statistics? by Ihmhi · · Score: 2

      And when they promise not to support this but then do?

      Well, some may view it as extreme for breaking one promise, but the official could always be recalled. Remember Gray Davis? A big stink was made about how he essentially was kicked out of office by the people. Massive media circus.

      If someone blatantly balks on their promises to a large degree, the people always have the option to initiate the recall vote. I'm personally note sure if it's an option in all states or just a few; it really should be available everywhere.

    6. Re:How about the rest of the relevant statistics? by zippthorne · · Score: 3, Interesting

      It could be worse. They could be voting for both spending increases and tax increases.

      Taxes never balance the budget in a situation like you've apparently got, because when an "acceptable deficit level" is found, all that increasing taxes does is mask the cost of the spending and make it appear that even even more increases are possible...

      --
      Can you be Even More Awesome?!
    7. Re:How about the rest of the relevant statistics? by Rob+the+Bold · · Score: 1

      It could be worse. They could be voting for both spending increases and tax increases.

      Taxes never balance the budget in a situation like you've apparently got, because when an "acceptable deficit level" is found, all that increasing taxes does is mask the cost of the spending and make it appear that even even more increases are possible...

      How exactly would the people demonstrating a willingness to pay for what they want their government to provide be "worse"? Wouldn't that be the definition of "fiscal responsibility"?

      --
      I am not a crackpot.
    8. Re:How about the rest of the relevant statistics? by Anonymous Coward · · Score: 0

      Speaking of statistic, 100,000 is starting to be a big group of.....voters. Especially if you include the families of those affected.

      There have been literally millions of people convicted of non-violent drug offenses. Counting the families of those people (the convicts themselves can not vote) there is still not enough influence to change the law.

    9. Re:How about the rest of the relevant statistics? by Internetuser1248 · · Score: 1

      I think the best solution is to introduce perjury laws to politics. Any campaign speeches or official announcements made by candidates should be legally considered to be under oath, and saying anything that turns out to be untrue would leave them open to criminal perjury charges. No I am not so naive that I believe this would change how politicians behave once in office, but it should make them think a bit more carefully about what they say on the campaign trail.

      Oh and what that guy earlier said about having more than just two identical political parties, that would help too.

    10. Re:How about the rest of the relevant statistics? by Anonymous Coward · · Score: 0

      Then the government should have more control over certain areas than the people do. The people shouldn't have too much power, but neither should the government.

    11. Re:How about the rest of the relevant statistics? by Anonymous Coward · · Score: 0

      Taxes never balance the budget in a situation like you've apparently got, because when an "acceptable deficit level" is found, all that increasing taxes does is mask the cost of the spending and make it appear that even even more increases are possible...

      Wat? So making people pay for the spending increases they vote for "masks" the cost? That's like telling me that paying off my credit card at the end of the month hides the true cost of spending that money in the first place.

    12. Re:How about the rest of the relevant statistics? by rtb61 · · Score: 1

      Porn, obviously it is not about lawsuits, it is simple extortion, pay up or, we will disclose to friends, relatives, neighbours and co-workers the type of off colour porn we claim you download, now try and prove you didn't.

      In this case it takes people of courage to counter sue, for the intent to cause psychological harm and slander by the blatant extortion attempt.

      --
      Chaos - everything, everywhere, everywhen
    13. Re:How about the rest of the relevant statistics? by Anonymous Coward · · Score: 0

      Regardless, it shows that the chances of getting caught are approximately zero. And this means that one of the arguments for the size of the penalties, the deterrence argument, cannot work. File sharing probably wouldn't even stop if convicted file sharers would get the death penalty, simply because the chance of getting convicted is so small that we cannot imagine it. At the same time, we're ruining the lives of those who do get caught - for nothing. That cannot be just.

    14. Re:How about the rest of the relevant statistics? by zippthorne · · Score: 1

      Does the tax increase apply to everybody, or just the people that voted for the increased spending?

      --
      Can you be Even More Awesome?!
    15. Re:How about the rest of the relevant statistics? by owlstead · · Score: 1

      I know that you Americans are always against paying taxes, but how the hell that got modded to insightful is completely beyond me. Yeah, right, actually paying for your expenses always gives the idea that you can spend even more. What kind of argument is that?

    16. Re:How about the rest of the relevant statistics? by Rob+the+Bold · · Score: 1

      Does the tax increase apply to everybody, or just the people that voted for the increased spending?

      Do you oppose democracy?

      --
      I am not a crackpot.
    17. Re:How about the rest of the relevant statistics? by zippthorne · · Score: 1

      Sometimes. It's not the paragon of ethics, after all. There are downsides to it, too.

      Particularly when it comes to giving yourself authority over another person's resources. I'm not sure you can call it fiscally responsible to be willing to spend other people's money on stuff you want.

      Sometimes democracy is the best way of averaging out everyone's competing interests. But sometimes it's two wolves and a sheep voting on what to have for dinner...

      --
      Can you be Even More Awesome?!
    18. Re:How about the rest of the relevant statistics? by stdarg · · Score: 1

      If we restricted voting to taxpayers with a positive annual income tax burden, you'd have a point.

    19. Re:How about the rest of the relevant statistics? by vuffi_raa · · Score: 1

      spend other people's money on stuff you want.

      I'm not old - let's get rid of medicare until I need it - I live in san francisco, so I say cut off funding to southern california because I don't care about them.... yep that works

    20. Re:How about the rest of the relevant statistics? by Sarius64 · · Score: 1

      Trust me, southern California would like this much more than you would.

  5. So what's a "victim" to do? by Ritz_Just_Ritz · · Score: 4, Interesting

    So you get an extortion note. Then what? Do you settle? If not, do you hire a lawyer? Do you do nothing and wait to see if an actual trial happens?

    Who's to say that someone isn't being naughty and spoofing your address? Or perhaps someone has sniffed enough of your wireless AP traffic to divine the password and go to town downloading crap?

    1. Re:So what's a "victim" to do? by sakdoctor · · Score: 1

      This is prohibition 2.0
      Smiting the random, in an attempt to hold back the tide.

    2. Re:So what's a "victim" to do? by Anonymous Coward · · Score: 0

      Citation please?

    3. Re:So what's a "victim" to do? by Anonymous Coward · · Score: 1

      If they just send you an angry letter, you can laugh at them. In their faces for preference*.

      If presented with an actual lawsuit, you will have to consult a lawyer. Remember that some lawyers are good at trials and others are good with technicalities. It's best if you know whom in your area to trust with what. But not always possible, I'm afraid. Never trust only your own interpretation of the law, it WILL BE biased in cases concerning yourself. Consult multiple lawyers if you feel the suit warrants it.

      And NEVER, EVER do you not show up at the court**. If a date has been set and they later say they won't pursue the suit, you're better off showing up anyway. Sure, it's expensive and you could possibly have a default judgement reversed if you can show they lied, but prevention is way better than cure in this case.

      Yes, the above is expensive. It's a system designed to make money.

      Now take note: IAANAL, IANA American. But the above is a good rule of thumb in most places in the western world.

      * If you did everything they claim, don't laugh in writing. They might give it to the judge, who might not like it.
      ** Or at least send your lawyer.

    4. Re:So what's a "victim" to do? by dougmc · · Score: 1

      99.9999% = all but 1 in 1,000,000. So are you really claiming that less than one of the people sued in the last year wasn't guilty?

      Unfortunately, these are civil issues, not criminal issues, so the ideas of "innocent until proven guilty", "guilty beyond a reasonable doubt", "you are entitled to an attorney, and if you can not afford one, one will be appointed to you" and even "you have the right to remain silent" do not apply. In particular, "guilty beyond a reasonable doubt" is replaced by a "preponderance of evidence" -- so if the jury thinks there's a 51% chance you're guilty -- that means guilty.

    5. Re:So what's a "victim" to do? by king+neckbeard · · Score: 1

      I think the numbers we have regarding HADOPI had much higher false positives.

      --
      This is my signature. There are many like it, but this one is mine.
    6. Re:So what's a "victim" to do? by Anonymous Coward · · Score: 1

      You are expected to secure your wifi a.

      Uh, what? You are? Where is that written?

    7. Re:So what's a "victim" to do? by Anonymous Coward · · Score: 2, Insightful

      Almost all wifi routers set up by cable companies are using WEP. A billion years ago the FBI had a news conference about WEP security which is anything but secure, and demonstrated it can be broken in 2 minutes. That was well after anyone with a remote interest in network knew how bad it was.

      Most people can use applications they download, most people have no idea about different security protocols. A secure icon and entering a password has every indication they are secure. My entire neighborhood believes they are secure, all but one is using WEP. Anyone can be using their network, just park behind the fence, do the deed. Move on.

      You think a consumer should understand minutia of a specialized field? That's BS. Do you service your own car, assuming you can afford something remotely modern?

    8. Re:So what's a "victim" to do? by CohibaVancouver · · Score: 5, Interesting

      Seriously, if you want the content then pay for it

      Mod parent up.

      It's time to face facts - Torrenting copywritten videos and audio files is eventually going to get you bitten - And you can make all the academic arguements you want about 'data wanting to be free' and blah blah blah but the fact remains that as things sit today the law isn't on your side. Do I rip my DVDs and put them on my iPod? Absolutely. Do I share those rips online? No damn way.

    9. Re:So what's a "victim" to do? by Anonymous Coward · · Score: 5, Insightful

      So, in your twisted little world, you consider it perfectly allright for someone to sue a kid, a college student, or someone who might not have top not security skills for millions of dollars for a movie that might cost $15 to watch at a theater.

      You are the type of person which causes a lot of people here in the US a lot of misery because you condone extreme penalties for relatively small infractions. No wonder why our jails are packed with nonviolent inmates. But, I'm sure you have Corrections Company of America stock, so every person in jail is more cash in your pocket.

      Realistically, each violation should be something like $50 to $100 or something like that. Condoning far greater amounts just means you condone tyranny.

    10. Re:So what's a "victim" to do? by nurb432 · · Score: 3, Interesting

      It just doesn't matter. You are expected to secure your wifi and not doing so isn't a blanket excuse. If it were then everyone would leave their wifi open and there would be no suits.

      Of course it matters, as it inserts 'reasonable doubt' into the equation. There are also viruses, etc that factor into this.

      Just beacuse they THINK i did something wrong does not make it true, and they need to prove it was *me*. I am speaking from expirence to the extent that years ago my Linux based router ( back in the dialup days, not recently ) was hacked into and was turned into a Russian porn IRC bot for a day ( it was quickly discovered and remedied, and I notified the next guy in the chain as a good citizen ). But who knows what could have happens for those 8 hours or so. Major corporations are hit to, it really can happen to the best of us.

      The only thing i'm guilty of if i get hacked is violating my AUP with my ISP. Its not much different than if someone steals my locked car and uses it in a crime. I didn't commit a crime.

      --
      ---- Booth was a patriot ----
    11. Re:So what's a "victim" to do? by fuzzyfuzzyfungus · · Score: 1

      I suspect that that is why(in addition to the fact that there are a lot of independent porn outfits, rather than the comparatively small number of feature film publishers, with the biggest often working through the MPAA) the porn guys find the extortion notes so convenient.

      All else being equal, most people would much rather go to court and create a public record of the dispute over whether or not they downloaded $OSCAR_NOMINEE than whether or not they downloaded "Weapons of Ass Destruction, Vol. 14"...

    12. Re:So what's a "victim" to do? by Anonymous Coward · · Score: 0

      It just doesn't matter. You are expected to secure your wifi and not doing so isn't a blanket excuse. If it were then everyone would leave their wifi open and there would be no suits.

      So people secure their wireless APs just to avoid lawsuits? Can I have some of what you're smoking?

    13. Re:So what's a "victim" to do? by McTickles · · Score: 0

      I'd do nothing and just throw away the letter
      they aint gonna do shit, they cant afford to

      i leave my wifi fully open on purpose, it is part of my network policies; my LAN is my LAN, my rules, WAN is a different story but by the time it leaves the gateway there is no way for them to know what happened

    14. Re:So what's a "victim" to do? by McTickles · · Score: 0

      I'd be glad to not watch/listen when the media corps stop advertising and forcing me to watch and listen...

      If it's not available in my country I'll just get it anyway, I see no justification for this sort of thing... could be considered discrimination ? yes it could! and that is against the law, if someone wants your product, you are required by law to sell it to them without prejudice.

      The media would come begging for us to watch/listen to stuff if we suddenly decided we could live without it (which we can, in fact i recommend it)

    15. Re:So what's a "victim" to do? by Anonymous Coward · · Score: 3, Insightful

      Seriously, if you want the content then pay for it

      Mod parent up.

      It's time to face facts - Torrenting copywritten videos and audio files is eventually going to get you bitten - And you can make all the academic arguements you want about 'data wanting to be free' and blah blah blah but the fact remains that as things sit today the law isn't on your side. Do I rip my DVDs and put them on my iPod? Absolutely. Do I share those rips online? No damn way.

      Go away mom.

    16. Re:So what's a "victim" to do? by Znork · · Score: 3, Insightful

      if you want the content then pay for it.

      Ah, sorry, I consider supporting antidemocratic forces with money unethical. I'd rather pay for proxies and VPN tunnels.

      <i>not having it probably won't hurt you much.</i>

      Certainly not. But someone else might want it, in which case I can help them by sharing.

      <i>In short, they are slowly tightening this noose</i>

      Hardly. With nextgen f2f and darknets it'll slip permanently out of reach.

      <i>Can we start to agree to stop playing this sick game with the content creators</i>

      You misspelled content controllers. The content creators are on the sidelines as they, as a general rule, are already getting screwed out of any money by the industry.

      This is not a game. The economic burden of IPR is unmaintainable in a free market economy and will become ever less bearable as production costs in the rest of the economy fall and the monopoly effects of IPR render the affected economies uncompetitive. The control burden is incompatible with free speech and freedom in general. The political burden of having private taxation rights like IPR automatically lead to corruption and alienation from voters.

    17. Re:So what's a "victim" to do? by calmofthestorm · · Score: 5, Informative

      I don't think "theft" means what you think it does. http://memset.files.wordpress.com/2010/10/piracy-vs-theft.jpg

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    18. Re:So what's a "victim" to do? by Danse · · Score: 3, Insightful

      ... how about you suck it up, acknowledge you got caught, and pay the fine?

      99.9999% of these people are guilty of an illegal act. Pretending otherwise is ridiculous and deliberately trying to avoid that point.

      Don't do the crime if you can't do the time.

      Hmm... made-up statistics, presumption of guilt. The new American justice.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    19. Re:So what's a "victim" to do? by VanessaE · · Score: 4, Informative

      So, if I decide a TV program is out of the question for some reason (either because I can't receive it at all, or because I won't be there at broadcast time), then it is still a genuine crime that should be punishable by destroying my life with insane charges? Even though that TV content is available over free-to-air broadcast as well as freely accessible places like Hulu? Even though I am one of those who doesn't respond to commercials? Thankfully that hasn't happened to me, as I choose not to download if only to avoid the assholes out there who can't see the damage they're doing to their own brands.

      The "crime": Downloading a copyrighted work.

      The "fine": A demand for remittance to a private company, who claims to act on behalf of the copyright holder of the work in question, initially for an amount that is often thousands of times the fair market value of that work, and which is issued in such a manner as to bypass the courts and ignore due process entirely. If it goes to the courts, it can become a civil judgment reaching into the millions-of-dollars range (see Capitol v. Thomas, the defendant lost to the tune of $1.5M). At no point does it become a criminal charge.

      The "time": Anywhere from a serious financial headache if you pay off the initial demand, to just plain bankruptcy if you lose in court. To most people, the latter may as well be life in prison.

      Sorry, your argument doesn't fly here.

    20. Re:So what's a "victim" to do? by Anonymous Coward · · Score: 1

      It just doesn't matter. You are expected to secure your wifi and not doing so isn't a blanket excuse.

      Is there a law, anywhere, that says as much? Unless it is illegal to have an open wifi, we are not expected (by who?) to do anything.

    21. Re:So what's a "victim" to do? by Anonymous Coward · · Score: 1

      Sure, but what happens when you lose that data, and find yourself with no DVDs? Are you going to ask nicely the retailer to give them new ones, or links to legally download the rips? No, you're going to buy them again, just as you bought them when they were packed as VHS, and CD's etc.

      Regardless, it's all besides the point, all these suits exist because they want more money, not because they want to recoup their loses to piracy. If that was the case, then PC gamers would have been targeted.

    22. Re:So what's a "victim" to do? by westlake · · Score: 2

      So you get an extortion note.

      An offer to settle a claim out of court is not extortion.

      The problem is not going to go away. Save your rants for someone who isn't billing you by the hour.

      Who's to say that someone isn't being naughty and spoofing your address? Or perhaps someone has sniffed enough of your wireless AP traffic to divine the password and go to town downloading crap?

      "Who's to say?"

      You are.

      It's your defense.

      But look at what your argument implies about the taste in media, the range of the signal and the technical knowledge, persistence, and resources of your neighbors.

      In a civil case, the simpler explanation almost always wins.

    23. Re:So what's a "victim" to do? by Anonymous Coward · · Score: 1

      As a teenager my family were very poor. We had cheap clothes, ate cheap food and I certainly did not get an allowance, (unlike most of my friends). But I loved music, so I copied CDs to tape. I also loved computer games so I pirated games by swapping floppy disks in the playground. No sales were lost as a result of my piracy, I didn't have the money to buy this stuff, but my life was clearly improved.

      I don't give a fuck that you think I should have missed out. You attitude stinks and if we all thought like you the world would be a shitty place.

      I have since spent a lot on content. I bought most of the CDs that I taped and hundreds more besides, mostly from independent labels. However, I freely share my library with friends and a few people have complete copies of my music library (more than 600 CDs, all ripped). I hope they get significant enjoyment out of it.

      Go pirates. As long as you always consider the moral implications of what you're doing and are comfortable with, you're not really hurting anyone. If anyone gives you an answer like parent, tell them to fuck right off.

    24. Re:So what's a "victim" to do? by Anonymous Coward · · Score: 0

      And get off my damn lawn!

      It just doesn't matter. You are expected to secure your wifi and not doing so isn't a blanket excuse. If it were then everyone would leave their wifi open and there would be no suits.

      Personally I think it is time to just stop with the torrents. They expose people to too much risk. Even if they aren't exposing you to risk then you are exposing your neighbor by using their wireless. And if you are using TOR you're slowing that down for everyone and stop it.

      Seriously, if you want the content then pay for it. if you can't afford it then don't watch/listen. I can almost guarantee that losing the latest stuff that the porn industry has turned out will in no way impair your enjoyment of life. If it isn't available in your country then it isn't. The same caveat applies...not having it probably won't hurt you much.

      In short, they are slowly tightening this noose and eventually they are going to catch all but the most leet hackers. As opinion leaders I really wish /. readers would start to make a wholesale shift on this. Namely, pay for it or live without it. If the DRM is too onerous--live without it. If you can't get it in your country--live without it. If you want to make 12 backup copies and mod it to run on your linux tablet--live without it.

      We can vote with our dollars here. I personally gave up torrents probably two years ago and I really don't miss it. There are a few legal avenues that work and are not too expensive. For the stuff that is too hard to get I ignore it. It will either eventually be legal to buy cheaply or I'll just simply never see it. Can we start to agree to stop playing this sick game with the content creators where they try to make us pay and we try not to?

    25. Re:So what's a "victim" to do? by crackspackle · · Score: 1

      Seriously, if you want the content then pay for it

      Mod parent up. It's time to face facts - Torrenting copywritten videos and audio files is eventually going to get you bitten - And you can make all the academic arguements you want about 'data wanting to be free' and blah blah blah but the fact remains that as things sit today the law isn't on your side. Do I rip my DVDs and put them on my iPod? Absolutely. Do I share those rips online? No damn way.

      and we should mod you up as well

    26. Re:So what's a "victim" to do? by vertinox · · Score: 1

      It just doesn't matter. You are expected to secure your wifi and not doing so isn't a blanket excuse. If it were then everyone would leave their wifi open and there would be no suits.

      There is no law, legal requirement, or precedent (AFAIK) that one must secure your router.

      Adding to that, there is no law saying the owner of the router is to be punished for unauthorized but illegal use of their network.

      Otherwise, people who pirate on coffee shop networks would therefore get the coffee shop in trouble.

      BTW, if you have the money, you can get your lawyer to convince the judge to have a jury, you can convince them that the router was hacked regardless of the letter of the law. Remember, in the USA juries can in most cases override the law if they want.

      Though the loosing side can always appeal and I'm sure in this instant the MPAA/RIAA have the money.

      That said, I'm more concerned about someone hacking my own network to do illegal activity to get me in trouble as I live in a very populous neighborhood. Though, its on of those situations where I just have to be faster than the slowest person to outrun the bear and there does seem to be open networks around me.

      I'm not pro-piracy at all, its just that what you are advocating is that innocent people are guilty of copyright infringment if their networks are used unauthorized.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    27. Re:So what's a "victim" to do? by hairyfeet · · Score: 2, Insightful

      Actually I'd say mod the parent (and you) down, because you seem to miss the point that the *.A.As of this world want to have their cake and eat it too and you seem to think that is fine, which it is not. Here's an example:

      According to the EULAs and the *.A.As you are NOT buying any copy, you are getting a license which is how they think they can get around Fair Use. Okay, I'll play. That means that since I bought a license that means I get a replacement when it gets torn up or broken, right? After all I already have a license! Oh no no no, that is when they say you bought a copy and know you have to buy it again!

      BULLSHIT! total bullshit! Never in history have you been allowed to use licenses and physical objects in a "whichever way we feel today" change at will. It is either A OR B which have clear legal definitions based on them, not this BS where they get to claim the legal protections of both but the legal obligations of neither.

      That of course don't even bring up the fact that they used treasonous bribery to make the clearly worded" by securing for limited Times clause of the constitution into "forever minus a single day" perversion of the law. The entire system has been allowed to be so corrupted that We, The People don't get a voice in the discussion, and until we do then copyrights should be treated as the shame that they are.

      Never forget its original intent, now broken by bribery: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." It was supposed to be a TRADE, nothing more. In return for a LIMITED time to profit We, The People got a richer Public Domain which allowed us to "stand on the shoulders of giants" only now those shoulders are owned by the *.A.As, and this leads to stagnation and processed crap like we have now.

      How anyone can support this sick joke is beyond me. It is a perversion of everything our Founding Fathers wrote on the subject.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    28. Re:So what's a "victim" to do? by Anonymous Coward · · Score: 2, Informative

      >'reasonable doubt'

      Kids are so civically illiterate these days. It's a civil suit; all the jury needs is "preponderance of the evidence" to nail you, a much, much lower bar.

    29. Re:So what's a "victim" to do? by Anonymous Coward · · Score: 0

      "And you can make all the academic arguements you want about 'data wanting to be free' and blah blah blah ..."

      That train left a long time ago, try to keep up. :D

    30. Re:So what's a "victim" to do? by mikael_j · · Score: 1

      I'd pay for it if I could.

      That's my main argument for TV shows.

      I suppose I could technically wait for months until the shows air here in Sweden (because the producers of the content don't want to upset the swedish TV channels by allowing online distribution through the iTunes store or similar venues) but then there's the issue of me not having a TV.

      I am willing to pay for TV shows but I can't unless you count "wait for months and then watch a version with commercials at a predetermined time on a device I don't own" as paying.

      --
      Greylisting is to SMTP as NAT is to IPv4
    31. Re:So what's a "victim" to do? by Nyder · · Score: 5, Insightful

      ...
      Personally I think it is time to just stop with the torrents. They expose people to too much risk. Even if they aren't exposing you to risk then you are exposing your neighbor by using their wireless. And if you are using TOR you're slowing that down for everyone and stop it.

      Seriously, if you want the content then pay for it. if you can't afford it then don't watch/listen. I can almost guarantee that losing the latest stuff that the porn industry has turned out will in no way impair your enjoyment of life. If it isn't available in your country then it isn't. The same caveat applies...not having it probably won't hurt you much. ...

      We can vote with our dollars here. I personally gave up torrents probably two years ago and I really don't miss it. There are a few legal avenues that work and are not too expensive. For the stuff that is too hard to get I ignore it. It will either eventually be legal to buy cheaply or I'll just simply never see it. Can we start to agree to stop playing this sick game with the content creators where they try to make us pay and we try not to?

      First off, I'd like to say, fuck you.

      It don't matter if I use torrent to get copy right material or not. In fact, even if torrents ceased to exist the Corps would still use piracy as an excuse.

      You don't understand. Piracy is just an excuse to Corporation to apply crappy drm and laws to try to maximize their profit. That is all. They are still making money, they are just crying because in stead of getting $3 billion, they are getting $1 or $2 Billion in profit.

      I don't buy most stuff. Music, Movies, TV Shows, most games (I do buy some games), I download. Guess what? I wouldn't buy most that shit anyways. Movies? I can go without. TV Shows? I can, well, watch on TV. Games? Most the ones I play, I purchase, ones I don't purchase are usually crappy shit I wouldn't give to me enemies.

      And guess what? Most the peeps doing what I do, are just like me. And we aren't effecting the fucking bottom line of this out of control corporation. They are crying wolf, and you are buying it.

      So, next time, before you spout "Let's get rid of torrents" learn exactly what you are saying, and maybe figure out if it would be effective.

      Here's a little history.

      Before Torrents there was:

      Copy parties (where you'd meet in person and copy software)
      BBS (Bulletion Board Systems) People would call up using their modems and download software.
      Internet Age: FTP, FSP, then IRC, the P2P programs (Naspter, limewire, etc), then fucking finally Torrents.

      So get fucking rid of torrents, and something new will pop up.

      So, your solution, won't do shit for anyone.

      And I do vote with my dollars. I don't spend it on crap, and I know the stuff is crap because I scope it out, for free, before hand. See, the corps can't put out something hoping I will be an unaware consumer and buy it up. I am a smart shopper. I can get stuff for free, so if you want me to fucking pay for it, it needs to be worth it. That is what really scares the corporations, is people like me.

      --
      Be seeing you...
    32. Re:So what's a "victim" to do? by drb226 · · Score: 1

      Prohibition was stopping anyone MAKING alcohol. This is stopping you helping yourself to other peoples work

      Quite a naive description. Copyright holders have a stronger legal position to strike at people who distribute their copyrighted work. "Making" a place where you can get alcohol illegally and "making" a place where you can get copyrighted material illegally are quite analogous in my eyes.

      The main idea behind prohibition was not that creating alcoholic beverages in and of itself was bad, but that consuming it was bad, and therefore those who enable its distribution should be restricted. This is again analogous with the idea that consuming copyrighted material (without paying for it) is bad, and therefore those who enable its distribution should be restricted.

    33. Re:So what's a "victim" to do? by Nyder · · Score: 0

      Seriously, if you want the content then pay for it

      Mod parent up.

      It's time to face facts - Torrenting copywritten videos and audio files is eventually going to get you bitten - And you can make all the academic arguements you want about 'data wanting to be free' and blah blah blah but the fact remains that as things sit today the law isn't on your side. Do I rip my DVDs and put them on my iPod? Absolutely. Do I share those rips online? No damn way.

      Bullshit.

      You want to buy stuff, you do it.

      Does that make you better then me? Hell no. It makes a tool for the corps, ya.

      How many times did you buy a CD only to find you like 1 song on it and the rest are crap?
      What about movies? Some are so bad, you should be paid to watch it, yet there you are, paying money to watch it.

      See, you keep this cycle of being fed crap. You keep this cycle of DRM going, and you keep this cycle of corps crying over non existance loss in profits going.

      You sir, are the problem, not the solution.

      --
      Be seeing you...
    34. Re:So what's a "victim" to do? by h4rr4r · · Score: 1

      Netflix.

      They will mail you discs, if you rip them no one would ever know. You should never do that though, it would make you almost as bad a person as the MPAA executives.

    35. Re:So what's a "victim" to do? by CohibaVancouver · · Score: 1

      See, you keep this cycle of being fed crap. You keep this cycle of DRM going, and you keep this cycle of corps crying over non existance loss in profits going.

      You're missing my point- You can get on whatever rightous high horse you want, but the fact remains that if you keep torrenting Dexter or Star Trek or whatever then sooner or later you are going to get bitten, and it's going to cost you a lot of money. You can spend thousands and go all the way to the courts, and you'll lose. If you don't want to get bitten, go on Rotten Tomatoes to see what's good, then order it from Netflix.

    36. Re:So what's a "victim" to do? by Anonymous Coward · · Score: 0

      Why is parent modded up? This kind of runaway nerd pedantry comes up in every slashdot story where technology that geeks are familiar with gets mixed together with the law.

      Let's use GGP's example of someone being naughty and spoofing your address on a torrent. It is a ridiculous claim; there is no evidence that this kind of spoofing is even remotely likely to occur. It doesn't even work out on a technical level - how exactly would an attacker IP spoof the return address of his torrent packets and still be able to complete his own download? Even if just seeding, how would the ACK packets find their way to him? Why would he not just choose unused IP space? Even if you can work out all the little technical details, it still doesn't resolve the simple fact that this is an extraordinary claim for the defense to make. You would bear the burden of providing evidence to support your assertion that you were essentially framed. Imagine a criminal trial where the defense can argue that the fingerprint technician just wants to frame him - you need to back that shit up with some proof.

      Most of the geeks here, myself included, have removed an uncountable number of viruses, rootkits, trojans, whatever you want to call them, for friends/family/as a living/etc. I can't speak for everyone but I usually grab a copy of the main virus binary and play with it in a sandbox. I've seen them try to extort you (most common), send spam (also common), steal user info, participate in ddos, and do tons of miscellaneous weird things, but I have NEVER seen a virus-like program load up its own bittorrent engine and start seeding the blu-ray of avatar or download child porn.

      If something like your router situation (which is quite rare tbh) DOES happen - you are going to have to provide some kind of evidence to back up your claim. Just walking in with nothing and saying uberhackers took over your network and used it for filesharing is going to be about as much reasonable doubt as claiming alien lizardmen did it.

      Why don't we drop the ridiculous need to reduce the law to an exact science and focus on the reality of the issue here: though the vast majority of the people accused in these cases are actually guilty, the monetary awards typically awarded in these trials are absurd and impractical as the defendant will just go bankrupt instead of paying the judgement, and the extortionist policies of the copyright lawyers are highly unethical.

    37. Re:So what's a "victim" to do? by king+neckbeard · · Score: 1

      So, you should obey a law you see as unjust because there's a minor chance that you might get sued over it? Most signs point to the mass lawsuits not holding up, and on an individual level it's completely unprofitable.

      --
      This is my signature. There are many like it, but this one is mine.
    38. Re:So what's a "victim" to do? by rduke15 · · Score: 1

      A billion years ago the FBI had a news conference about WEP security which is anything but secure, and demonstrated it can be broken in 2 minutes

      .

      Well in practice, it's more like 10 to 30 minutes, once you are used to doing it.

      First you need to find a WEP AP, and where I live, they are few and far between. Everything is WPA or WPA2.
      Then it has to be not too far away so that you have a good signal.
      Then you need a supported network card. USB wifis are cheap, but you may have to try several until you find one that actually works for injectionj.
      Then you need various software (or a Backtrack VM) and know how to use it.

      Once you have the right wifi card and have put together the right software and learned how to use it, if the WEP AP is not too far, you may be able to get the key in about 10 miinutes. In 2 minutes, I can hardly just find my USB key, plug it in and start the VM. And at that point, I don't even know yet which AP on which channel I would want to crack.

    39. Re:So what's a "victim" to do? by bmo · · Score: 3, Informative

      "Of course it matters, as it inserts 'reasonable doubt' into the equation."

      Instead of using my mod points in this thread, I'm going to reply, because this is kinda important that people understand this.

      The standard of proof in civil suits is not the same as in criminal accusations. It's "preponderance of the evidence" which is fuzzy to define and varies from state to state, sometimes reducing lawsuits to a crapshoot, which is why many people and companies sue for the sake of suing as if it's a lottery.

      "Reasonable doubt" is not enough to defend yourself in a civil suit.

      For a definition, see:

      http://legal-dictionary.thefreedictionary.com/Preponderance+of+Evidence

      --
      BMO

    40. Re:So what's a "victim" to do? by RogerWilco · · Score: 1

      Seriously, if you want the content then pay for it. if you can't afford it then don't watch/listen. I can almost guarantee that losing the latest stuff that the porn industry has turned out will in no way impair your enjoyment of life. If it isn't available in your country then it isn't. The same caveat applies...not having it probably won't hurt you much.

      I would like to pay for it. But nobody is selling it.

      I'm not talking about porn. But products like movies and TV series and books.

      A lot of what is produced in a certain country will never be available outside it. This certainly holds true for stuff made in Japan, India or France, but even a lot of stuff that gets made in the USA never gets outside Region 1. If you happen to be an expat, or just interested in a culture that's not your own, you often have very little legal options.

      The second problem is format. This is two-fold. On the one side older material is often not available in newer format, and on the other side a lot of the newer formats are not yet available where I live. The only way to often watch/listen/read stuff like this, is to first shift it's format to a newer one. Sometimes it's just inconvenience, like when you have a choice between watching something on VHS on your VCR and TV at home, or in some digital form on your iPad on a train.

      I would say that over 80% of the material I would want to watch/listen/read is currently not legally obtainable for me, not even for a million euros, if I had them. Once you get outside the main area of distribution of the stuff you're interested in, this becomes a very real problem.

      Your argument no longer is sufficient, unless I would limit myself to browsing slashdot and walks in the park. Most of what the local media offer just doesn't have my interest, or is not in a format that I can use.

      I have even written to various content providers, and potential distributors, to plead with them to make certain things available. But until now this has had no effect. Even a service like iTunes or Amazon doesn't carry the stuff I'm interested in. Well they do, but not if you have an IP address from the wrong geographical location. They simply refuse to sell to me because of the country I live in.

      --
      RogerWilco the Adventurous Janitor
    41. Re:So what's a "victim" to do? by TheDarkMaster · · Score: 1

      Mod the parent up, please. I completly agree

      --
      Religion: The greatest weapon of mass destruction of all time
    42. Re:So what's a "victim" to do? by RogerWilco · · Score: 2

      I simply can't pay for the content I want, because nobody wants to sell it so me because of the country I live in. See my longer reply to the grandparent.
      Services like iTunes and Amazon carry the stuff I'm interested in, but will not sell to IP addresses or credit-card holders in my geographical location.

      And it's not some weird backwater that I live in. It's basically Amsterdam in the Netherlands.

      But as soon as you live outside the main target market, you can often only obtain certain content illegally. How much content in French, Japanese, Swahili or Hindi do you have access to?

      --
      RogerWilco the Adventurous Janitor
    43. Re:So what's a "victim" to do? by RogerWilco · · Score: 1

      Most stuff I'm interested in doesn't even get picked up by any of the local radio/TV. I live in the Netherlands but happen to have very international tastes.

      There are two separate issues:
      - Regional availability
      - Format

      Neither should be a problem in the Internet Age, but they are.

      --
      RogerWilco the Adventurous Janitor
    44. Re:So what's a "victim" to do? by nurb432 · · Score: 1

      But you forget that the media giants are buying laws so its considered criminal. ( so that tax dollars are used instead of their own )

      It already is if they trump up the dollar amounts.

      --
      ---- Booth was a patriot ----
    45. Re:So what's a "victim" to do? by Anonymous Coward · · Score: 0

      Great post. Use <em> tags to get italics in this version of /. though.

    46. Re:So what's a "victim" to do? by CohibaVancouver · · Score: 1

      Most signs point to the mass lawsuits not holding up, and on an individual level it's completely unprofitable.

      TFA indicates that 100K people were sued last year alone, with the average defendant settling out of court for $1000, as $1K is considerably cheaper than the cost of going to court. Doesn't sound to me like it's not working...

    47. Re:So what's a "victim" to do? by Scarletdown · · Score: 1

      If you don't want to get bitten, go on Rotten Tomatoes to see what's good, then order it from Netflix.

      There is a slight problem with this solution. The series I am most interested in getting and seeing again was never released on VHS or DVD as far as I know. I haven't checked any torrent sites yet, so I don't know if there are any episodes floating around out there, but I would otherwise be willing to fork over some hard earned $$ to HB (or whoever controls the rights) if they would go ahead and put out a DVD boxed set of what was one of my top favorite cartoons back in the early 70s: Sinbad Jr. and His Magic Belt

      --
      This space unintentionally left blank.
    48. Re:So what's a "victim" to do? by cheekyjohnson · · Score: 1

      Unfortunately, these are civil issues, not criminal issues, so the ideas of "innocent until proven guilty", "guilty beyond a reasonable doubt", "you are entitled to an attorney, and if you can not afford one, one will be appointed to you" and even "you have the right to remain silent" do not apply.

      This was a terrible, terrible idea.

      --
      Filthy, filthy copyrapists!
    49. Re:So what's a "victim" to do? by cheekyjohnson · · Score: 1

      but I have NEVER seen a virus-like program load up its own bittorrent engine and start seeding the blu-ray of avatar or download child porn.

      That doesn't mean that it couldn't be done. Innocent until/unless proven guilty should always be applied, civil suit or not. Otherwise you will run a far greater risk of innocent people being caught in the crossfire, which is far worse than 'bad' people getting away with it. Either prove it or get out.

      --
      Filthy, filthy copyrapists!
    50. Re:So what's a "victim" to do? by Anonymous Coward · · Score: 0

      > We can vote with our dollars here.

      But that's what I do. I don't pay, and according to these wankers, they lose thousands of dollars for each song and movie. I just download it all, in the hope that they will eventually go bankrupt, and stop polluting the culture landscape with utter crap.

      As for your "live without it" line: Piss off.

    51. Re:So what's a "victim" to do? by kramulous · · Score: 1

      Hey, it's citizen science .... if many think it is true then it must be.

      --
      .
    52. Re:So what's a "victim" to do? by commodore64_love · · Score: 1

      The full quote is: âoeOn the one hand information wants to be expensive, because itâ(TM)s so valuable. The right information in the right place just changes your life. - On the other hand, information wants to be free, because the cost of getting it out is getting lower and lower all the time. - So you have these two, value of information & cheap distribution of same, fighting against each other.â - Stewart Brand
      And in regards to copyright, a man with an IQ of 170 once opined:

      "If Nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.

      "That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by Nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation.

      "Inventions then cannot, by Natural right, be a subject of property..... grants of this sort can be justified in very peculiar cases only, if at all; the danger being very great that the good resulting from the operation of the monopoly, may produce more evil than good [example: RIAA and MPAA]." - Thomas Jefferson

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    53. Re:So what's a "victim" to do? by commodore64_love · · Score: 1

      >>>Can we start to agree to stop playing this sick game with the content creators where they try to make us pay and we try not to?

      Media is the ONLY industry that does not warranty their creations. In every other market, even lowly candybars, you are provided with a guarantee: "If for any reason you are not satisfied, return the unused portion for a refund or store credit." THAT is why I download. I don't want to pay for shit, and then be stuck with the $20 DVD for the rest of my life. I want to be able to have the same guarantee that *every other product* provides - customer satisfaction or money back. (Or store credit.)

      But since that's not available, I try before I buy and have saved literally thousands of dollars by avoiding ____ like Transformers 2, Twilight, New Moon, Sherlock Holmes, Batman Begins, Star Wars Clone Wars, and on and on. (By the way 'read the reviews' doesn't work - those things are bought-and-paid by the companies selling the movies. Reviews cannot be trusted.)

      Of course if I do find something I like, such as Babylon 5, Deep Space Nine, Gattaca, et cetera then I will certainly buy it. The people who created these deserve to get paid for doing excellent work. But I don't want to throw-away money on junk - I can't afford it.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    54. Re:So what's a "victim" to do? by atamido · · Score: 1

      I wish I had mod points to mod you up. Civil suits simply aren't anywhere near the level of criminal suits, and the decisions can be almost trivial.

    55. Re:So what's a "victim" to do? by shutdown+-p+now · · Score: 1

      Do you think that, if we moved our copyright laws all the way back to where they were at the time of the Founding Fathers (particularly terms), most people who pirate media today would stop doing so? When I see at the most popular items at, say, TPB, I see stuff that was released in the last year or two. The original copyright term was 14 years. Do the math.

    56. Re:So what's a "victim" to do? by shutdown+-p+now · · Score: 1

      I don't see where GP says that it's "perfectly alright". What he does say is that such **AA tactics don't give anyone a moral carte blanche to violate copyright.

      I think that he is taking it too far - for example, in my opinion, it is perfectly moral to pirate something that is not available in your market at all. I've been in such situation myself and know just how frustrating it can be, and there can certainly be no "lost sale" claimed there. But, in general, his point is solid.

    57. Re:So what's a "victim" to do? by shutdown+-p+now · · Score: 1

      It don't matter if I use torrent to get copy right material or not. In fact, even if torrents ceased to exist the Corps would still use piracy as an excuse.

      That's true. But I suspect also that, even if DRM ceased to exist tomorrow, and copyright terms were scaled back to the original 14 years, some other variation of the general "fighting for good by sticking it to the Man" would still be used as an excuse for all the folk who, ultimately, just want to have their cake without paying for it.

      Music, Movies, TV Shows, most games (I do buy some games), I download. Guess what? I wouldn't buy most that shit anyways.

      Then why download?

    58. Re:So what's a "victim" to do? by SnEptUne · · Score: 1

      There is one problem, why do we need to go backward in this technology era? Why do I, as a producer of creative contents, need to invest in infrastructure to serve people who want to download music/video that I licensed public domain?

    59. Re:So what's a "victim" to do? by hairyfeet · · Score: 1

      Actually yes I do, especially for music. Imagine if you will a "copyright free zone" where anyone can take what they want and do with it what they will. I could get together with a friend and make cool "DOS on a disc" that would let you play all those classics for free simply by putting in the CD, artists would be able to sample and remix, new twists and ideas would spring up like daisy all over the place.

      Because of this free bonanza the current media brokers would have to compete. No more of this "$20 a DVD, $15 a CD" and endless repackaging crap, they would instead have to compete on value by giving us MORE and better deals for our money..

      I would argue the reason you see the latest releases on TPB is simply the penalty is the same if it is a 5 minute old movie or a 50 year old one, you'll get the same fines and court BS, so why shouldn't they take the latest and greatest? Will the *.A.As go "Oh, you were just getting classic, that's okay then" hell no, so why should they care?

      --
      ACs don't waste your time replying, your posts are never seen by me.
    60. Re:So what's a "victim" to do? by king+neckbeard · · Score: 1

      Where are you getting that the average defendant has settled out of court? I'm not sure if the average defendant has even been named yet, let alone giving into fear tactics. More importantly, it doesn't seem like any judges are buying it and are throwing out cases, so even if almost everyone up to this point has been identified and settled, the money train won't last long. This is particularly true of those who keep up with these things, and can be informed that it will never make it to court.

      --
      This is my signature. There are many like it, but this one is mine.
    61. Re:So what's a "victim" to do? by metacell · · Score: 1

      By downloading music, you don't deprive any other person use of the music. Those who are for copyright have argued that you deprive the artist of potential profits from music sales, but this has turned out to be false; the music industry's revenues have continued to increase since filesharing became popular in the late 1990's. But a larger part of the revenue now goes to the artists directly, instead of through the record companies, which is why we see CD sales plumetting and the record companies complaining loudly.

    62. Re:So what's a "victim" to do? by metacell · · Score: 1

      It's not the content *creators* (the artists and writers) who are using DRM and suing people. It's the content *distributors* (like record companies) who do, because they are the ones who gain from the existence of copyright.

      The artists are surprisingly often okay with pirating, even those who signed a contract with record companies. Watch this cool clip, for example: Joss Stone on piracy.

      Sharing content over the Internet enables more people to enjoy it, without damaging the artists - the music industry's revenues have continued to increase strongly since filesharing became popular in the late 1990's. The problem (for the record companies) is that a larger percentage of the revenues are going directly to the artists.

    63. Re:So what's a "victim" to do? by metacell · · Score: 1

      It's time to face facts - Torrenting copywritten videos and audio files is eventually going to get you bitten - And you can make all the academic arguements you want about 'data wanting to be free' and blah blah blah but the fact remains that as things sit today the law isn't on your side.

      How about protesting unjust laws by breaking them?

      Copyright benefits the distributors, but not the majority of the artists.

    64. Re:So what's a "victim" to do? by metacell · · Score: 1

      Do you think that, if we moved our copyright laws all the way back to where they were at the time of the Founding Fathers (particularly terms), most people who pirate media today would stop doing so? When I see at the most popular items at, say, TPB, I see stuff that was released in the last year or two. The original copyright term was 14 years. Do the math.

      You're right. 14 years is far too long for copyright to last. The purpose of copyright is to "promote the arts and sciences", so it is only possible to justify as long a copyright term as is needed to "promote the arts and sciences". Specifically, a copyright term which is longer than the economic life of a work doesn't provide any additional incentive to the artist.

      It turnes out that the vast majority of novels are only commercially viable through their first printing, so copyright protection after the first printing is not really needed. A small number of books are so successful they get reprinted - but if you think about it, if they're so successful, their authors should be motivated enough to continue writing by the money they earned on the first printing. After all, lots of authors who *don't* get reprinted are motivated to continue writing.

      It turns out that even huge, expensive productions like movies rarely make any money to speak of five years after their release, so it's very hard to justify a copyright longer than five years, if our main concern is to "promote the arts and sciences".

      So should people wait five years before they download movies, so they don't cut into the producers' and distributors' profits? No, I don't think so. It turns out that, on the average, people spend at least as much money on movies and music even if they pirate. There's now research which shows that those who pirate the most, are also those who spend the most money on things like concerts and merchandise. Pirating creates interest in movies and music, and helps consumers weed out the good from the bad. Pirating is beneficial for the market.
      See, for example, the recent study from the Japanese government which concludes that piracy boosts anime sales. (TorrentFreak)

      In fact, except for just after the global economic crisis, the total revenues of both the movie industry and the music industry have continued to increase since filesharing took off in the late 1990's. Unfortunately for the record companies, a larger percentage of the revenues are now ending up in the artists' pockets.

    65. Re:So what's a "victim" to do? by metacell · · Score: 1

      Plus, there's the content that doesn't get translated to your market. Lots and lots of animé and manga, which would otherwise have been inaccessible to the English-speaking public, is fansubbed and scanlated. This is technically illegal, but fortunately, most of the Japanese producers have the economic sense to turn their blind eye towards it, since they ultimately benefit from the increased explosure.

    66. Re:So what's a "victim" to do? by metacell · · Score: 1

      Let's use GGP's example of someone being naughty and spoofing your address on a torrent. It is a ridiculous claim; there is no evidence that this kind of spoofing is even remotely likely to occur.

      Actually, a kind of spoofing occurs all the time. Some BitTorrent trackers insert a small percentage of false IP adresses in the list of participants in a torrent, for the very reason to provide plausible deniability to the actual torrent users.
      I also think the "hijacked router" scenario is plausible, since it's easy to break into many routers and can be used by someone to hide their own downloading.

      I agree with you, though, that the main issue is the laws being insane in the first place. But I think the core of the problem is that private copying of copyrighted material is outlawed. There's no need for it; artists and writers are able to make money on their work without copyright protection.

    67. Re:So what's a "victim" to do? by metacell · · Score: 1

      "Trivial"? You mean "arbitrary"?

    68. Re:So what's a "victim" to do? by metacell · · Score: 1

      Actually, the CDs you copied to tape were legal. You paid for making that copy with the special tax on tapes which goes directly into the music producers' pockets.

      Copying the games was illegal, but I'm glad you did it. I think it's silly that kids, students and poor people should abstain from watching/listening to something they couldn't afford to buy anyway.

      Oh, and your story, about your pirating stimulating your music interest and causing you to buy even more music, is not an unusual one.

    69. Re:So what's a "victim" to do? by metacell · · Score: 1

      To get more to choose from. A lot of people buy what they can afford, and pirate the rest. That way, the industry gets just as many sales as they would have got without pirating.

      Pirating is not primarily used as a money-saver; it's used as a way to get access to more content for the same price. That's one of the reasons the music, movie and gaming industries' revenues have continued to increase despite massive filesharing.

    70. Re:So what's a "victim" to do? by metacell · · Score: 1

      But I suspect also that, even if DRM ceased to exist tomorrow, and copyright terms were scaled back to the original 14 years, some other variation of the general "fighting for good by sticking it to the Man" would still be used as an excuse for all the folk who, ultimately, just want to have their cake without paying for it.

      That's most likely true. But I'm glad people find excuses to pirate, since pirating seems to be beneficial to the market as a whole. It not only enables more people to enjoy the content without hurting the artists financially, it even seems to stimulate the production of new content.

    71. Re:So what's a "victim" to do? by atamido · · Score: 1

      Yes, that's the right word. It didn't look quite right when I wrote it, but I was tired and in a hurry.

    72. Re:So what's a "victim" to do? by frozentier · · Score: 2

      Do I rip my DVDs and put them on my iPod? Absolutely.

      And you do realize that ripping your own encrypted DVD and putting it on your own iPod is 100% illegal because you circumnavigated the DRM of the disc, right? By doing that, you are as guilty of breaking the law as anyone downloading the same disc. That is, unless all you own are $2 Laurel and Hardy DVDs where the company didn't bother to encrypt the disc at all.

    73. Re:So what's a "victim" to do? by frozentier · · Score: 1

      Meant to say "circumvented"... it's still early.

    74. Re:So what's a "victim" to do? by Draek · · Score: 1

      You're correct on "theft" of course, but "piracy" is the act of hijacking passing ships with either a cutlass and a sharp wit or, in modern times, a bazooka and a bunch of AKs. The act of making a copy that infringes on the author's state-granted rights to control them is, unsurprisingly, called "copyright infringement".

      --
      No problem is insoluble in all conceivable circumstances.
    75. Re:So what's a "victim" to do? by CohibaVancouver · · Score: 1

      And you do realize that ripping your own encrypted DVD and putting it on your own iPod is 100% illegal because you circumnavigated the DRM of the disc, right?

      Yes, of course. I never said I *agree* with all of these laws - I'm just saying that they're currently the law of the land and if you bittorrent you're going to get caught sooner or later, and it's going to cost you time and money. Ripping a DVD to your iPod is, on the other hand, very low risk as there's no easy way for the copyright holder to know you've done it.

    76. Re:So what's a "victim" to do? by Omestes · · Score: 1

      ... how about you suck it up, acknowledge you got caught, and pay the fine?

      I would advocate this, but only if the fines made any sense whatsoever. Right now piracy fines are like tacking $10,000,000 to jaywalking offenses, completely disproportional to their actual harm (if any).

      If someone is caught pirating a single track or film, they shouldn't have to file for bankruptcy as result. They should be charged, at VERY most, and if we decide "1 download = one last sale" (which is completely falacious), 99c*total PROVEN downloaders. 99c being the going rate for downloads, probably better if we picked the cheapest possible source, or an average of all legal sources for this figure. That would be fair.

      Also not using these lawsuits as extortion or a side business, but as a legitimate way of trying to thwart piracy would be a start.

      In a perfect word we would adopt some form of sane policy, both thwarting piracy and keeping them from being abused, while we thresh out some actual fair (to society) copyright laws.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    77. Re:So what's a "victim" to do? by dougmc · · Score: 1

      This was a terrible, terrible idea.

      No, this was a triumph.
      I'm making a note here: HUGE SUCCESS.
      It's hard to overstate my satisfaction.
      RIAA/MPAA/Porn producers
      We do what we can
      because we want more money.
      For the good of all of us.
      Except the ones who aren't stockholders.

      More seriously, the legal system sort of forced them into this. The illegality of downloading copyrighted media is iffy at best, and it would be next to impossible to get the police to go after anybody but the largest uploaders. So they're doing what they can, and if they make some bucks while they're at it -- so much the better (for them, anyways.)

    78. Re:So what's a "victim" to do? by Anonymous Coward · · Score: 0

      agreed, it seems like people these days think everything should be free. If it's worth watching or listening to then buy it.

    79. Re:So what's a "victim" to do? by Anonymous Coward · · Score: 0

      I won't get modded up because I don't have an account but -

      Posts like yours really annoy me. You have a sense of entitlement that you should get to use something because it doesn't meet a subjective standard of quality. This is not how capitalism works.

      Lets say that everyone did what you did. The **IAs would stop selling things because one person would buy a copy and then give it away for free. It would not be profitable anymore to pay artists to make stuff that they can sell on a massive scale. The *only* reason you have it so good now is because most people 'do the right thing'. They pay for their music, movies etc and the companies pay the artists and everyone is happy and you get to enjoy the same content someone else paid for because you don't think it was worth your money but its okay for others to foot the bill for you.

      Queue the following arguments:
      1) The artists aren't happy because they aren't paid enough!
      2) The consumers aren't happy because it costs too much!
      3) The companies are hogging all the money!
      And to those arguments I say - if you can make a company that charges less, pays artists more and doesn't hog the money that does the same job of the *IAs then go for it! You might even find that you put the others out of business by beating them at their own game instead of sitting at home and complaining about their profits while watching not-for-free content for-free.

      I salute your comment on the torrents though. Rather than arguing against the spirit of the poster above you, instead you argue the technical details. The torrents are not the problem, filesharing of copyrighted material is the problem and that's the argument that he makes.

    80. Re:So what's a "victim" to do? by bit01 · · Score: 1

      excuse for all the folk who, ultimately, just want to have their cake without paying for it.

      ... who, ultimately, think artificial scarcity is a crock. Sharing, particularly by those who would be unable to/don't want to waste money is a perfectly sensible thing to do.

      People have been sharing since the dawn of time and will continue to do so for the foreseeable future. The fact that some vested interests are in denial about that reality is a large part of the problem.

      Then why download?

      Because it is a sensible thing to do that makes the world a better place and harms no one.

      ---

      It's wrong that an intellectual property creator should not be rewarded for their work.
      It's equally wrong that an IP creator should be rewarded too many times for the one piece of work, for exactly the same reasons.
      Reform IP law and stop the M$/RIAA abuse.

    81. Re:So what's a "victim" to do? by shutdown+-p+now · · Score: 1

      People have been sharing since the dawn of time and will continue to do so for the foreseeable future.

      There's absolutely nothing wrong with sharing - provided that you share your stuff. Rather than "share" on someone else's behalf.

    82. Re:So what's a "victim" to do? by vuffi_raa · · Score: 1

      Who's to say that someone isn't being naughty and spoofing your address? Or perhaps someone has sniffed enough of your wireless AP traffic to divine the password and go to town downloading crap?

      the sniffing is the one that I worry about - if you search for wireless networks in my apartment you get something like 50-60 addresses, I am sure that most of them are more secure than me as well because I haven't replaced my router for quite a while, so when it comes to herd theory I might in fact be falling behind - though sniffers are so good nowadays that i don't necessarily see the justification in spending the $.

    83. Re:So what's a "victim" to do? by rusl · · Score: 1

      ... how about you suck it up, acknowledge you got caught, and pay the fine?

      99.9999% of these people are guilty of an illegal act. Pretending otherwise is ridiculous and deliberately trying to avoid that point.

      Don't do the crime if you can't do the time.

      Right, you can't make a criminally bad Hollywood movie if you want respect or people to not copy it. People will. And various RIAA/MPAA "you are a bad guy" flak BS will continue to have negligible effect as planned.

      They actually profit from our free sharing of their terrible movies. Until "piracy" the movie business was dying. Now it's doing well because they get free publicity and distribution. And they get imbecile to convince a few of the gullible into paying a premium tax on top of the profit they already make from you sharing. Free publicity = more sales. Lost potential revenue from all the copies people don't pay for is BS that's like saying I thought of the iphone 10 years ago when I painted my cell phone white apple owes me. The lost potential calculation is there to hide that they pay zero for you advertising/distributing their movie and they make 100% of the sales that result from that free promotion.

      --
      Stupidity is its own reward.
    84. Re:So what's a "victim" to do? by rusl · · Score: 1

      whatever, who pays you to say that nonsense?

      --
      Stupidity is its own reward.
  6. Worst part - it doesn't even work by dkleinsc · · Score: 4, Informative

    100,000 P2P users means that if you illegally download something you have approximately a %0.25 chance of being sued. If you're trying to deter people from a behavior, you have to increase the chance that there will be negative consequences for that behavior.

    And of course it doesn't help that many of those 100,000 may well be guilty of nothing. Being sued doesn't necessarily make somebody actually liable, but the RIAA's tactics are all about making the cost of defending yourself higher than the cost of settling, as NewYorkCountryLawyer has made very clear for a while now.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
    1. Re:Worst part - it doesn't even work by Anonymous Coward · · Score: 4, Insightful

      but the legal system's tactics are all about making the cost of defending yourself higher than the cost of settling

      FTFY.

      I wish this problem were limited to the RIAA. That'd be an improvement. Fact is there are two sets of law. If you are wealthy you can afford to throw lawyers at any legal challenge and tie it up in court for years even if you truly are liable. If you are an average person a lawsuit esp from a corporation is an immense threat to your livelihood even if you have broken no law.

      This has been so well-known for so many years ... the fact that no one in power has even attempted to change it is evidence that it's intentional.

    2. Re:Worst part - it doesn't even work by Anonymous Coward · · Score: 1

      I think the strategy is to raise the expected costs of piracy. It doesn't matter if you have such a low probability if there is a high cost and low benefit. The expected value is equal to the sum of the probability and its corresponding outcome. So let's say this case the movie is a $30 value, there is a .25% chance of getting caught (this assumes a 100% chance of paying even if you are caught) and a resulting fine of $300,000. The expected value of stealing the movie is .9975*30 + .0025*(-300,000). Therefore, on average the pirate loses about $720. But if you lower the damages, or the likelihood of caught, the value of theft goes up. That is why the damages and fees in the cases can reach the insane. It is to make piracy not worth it.

    3. Re:Worst part - it doesn't even work by Anonymous Coward · · Score: 0

      You can't just look at it as percentage chance of being caught. If people think rationally (I know, might be a bad assumption) then they'll look at cost vs benefit. Let's assume the benefit of downloading an album is actually $15. The cost of getting caught is 0.25%*(750*15), or $28.13. But that's only if you go to court. Say you expect a settlement offer for $3,000. That's only a cost of $7.50 on average, so it is worth it if you can expect the settlement offers.

    4. Re:Worst part - it doesn't even work by Anonymous Coward · · Score: 1

      Your formula is correct but a little misleading. It also assumes that you lose the benefit of the movie and the fine. It doesn't not factor in that you get to enjoy the movie in all cases.

    5. Re:Worst part - it doesn't even work by ldconfig · · Score: 1

      The RIAA was not the first to use these tactics. It was DirecTV

      --
      The spelling and grammar police can kiss my ass
    6. Re:Worst part - it doesn't even work by MrOctogon · · Score: 1

      Sound logic, but the person who gets caught should not have to pay for their inability to adequately enforce the law. The fine should be proportionate to the crime, not proportionate to the number of people they can catch.

    7. Re:Worst part - it doesn't even work by MaskedSlacker · · Score: 3, Insightful

      That is why the damages and fees in the cases can reach the insane. It is to make piracy not worth it.

      I can make up fairy tale reasons for things too. The earth goes around the sun because banana!

      The reason damages are so high is because the laws were originally written with large-scale commercial copyright infringement in mind. That used to be the only kind of copyright infringement that was feasible. The penalties have simply never been adjusted because the *AA likes it the way it is.

    8. Re:Worst part - it doesn't even work by Anonymous Coward · · Score: 0

      The reason damages are so high is because the laws were originally written with large-scale commercial copyright infringement in mind. That used to be the only kind of copyright infringement that was feasible. The penalties have simply never been adjusted because the *AA likes it the way it is.

      I do not think that invalidates the GP's position at all. They like it for a very important reason that goes back to the expected value. Whether it is many different people who are unconnected or large scale piracy operation, they have the high cost to keep piracy low. In the former, there is a low chance to get caught, which lowers the value of the fine. In the latter, there is a higher chance to get caught through low level people leading to higher ones but the benefit through profit is higher. Either way, the fines need to be big to offset those factors which increase the value of piracy to the pirates. That is why the *AAs like the penalties high and fight tooth and nail that they are not excessive.

    9. Re:Worst part - it doesn't even work by icebraining · · Score: 1

      Therefore, on average the pirate loses about $720.

      Yes, and the average person has one testicle, half a uterus and less that two legs.

    10. Re:Worst part - it doesn't even work by Anonymous Coward · · Score: 0

      It's not that simple though. You only have a chance of being sued if you download something with a lobby. So basically only mainstream movies/albums will get you nailed. The smaller companies either don't care enough to go around suing people or can't afford it.

    11. Re:Worst part - it doesn't even work by dkleinsc · · Score: 2

      It turns out the penalty for being caught doesn't make much difference. One thing criminologists generally agree on is that it's the chance of getting caught that matters much more than the consequences when you do get caught. Part of it is that our monkey brains don't do a good job calculating the situations with a really small chance of something bad happening but really nasty consequences if it happens.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    12. Re:Worst part - it doesn't even work by crackspackle · · Score: 1

      a 1 in 400 chance of a being sued is enough to avoid negative behavior is for most people, at least for a life altering event. I believe most people would consider being sued in a case where they well could be wrong and well could end up spending lots and lots of money and time a life altering event. I would not for a minute say the two are comparable but for your understanding, the risk of getting AIDS from unprotected vaginal intercourse are 1 in 5,000,000 and you don't hear of many people doing that outside a committed relationship, do you ?

      Granted the two aren't comparable and my intent wasn't to dredge up something akin to an odious Hitler analogy, but if you get sued it could well become a lifetime of financial ruin for you. No house, no credit cards, high insurance and many job rejections. It could well be the end of your financial life.

    13. Re:Worst part - it doesn't even work by Anonymous Coward · · Score: 0

      Ratting out the ISP that shared your info to the public would help.

      There isn't enough competition on the backbone or this problem would go away along with the throttling.

      We should be buying connectivity, at the best bandwidth price from the most tight lipped providers.

      Brighthouse has had (my) back on more than one publicly visible occasion.

      They own the wire, not the data or it's usage.

      Kiloquads and byte reversals again, anyone ?

      simple.

      jr

    14. Re:Worst part - it doesn't even work by BitZtream · · Score: 1

      Considering that almost all politicians are lawyers, you have to be really naive to expect it to be any different.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    15. Re:Worst part - it doesn't even work by Jerbiton · · Score: 1

      I would not for a minute say the two are comparable but for your understanding, the risk of getting AIDS from unprotected vaginal intercourse are 1 in 5,000,000 and you don't hear of many people doing that outside a committed relationship, do you ?

      In terms of expensive life altering events, I'd wager that unprotected vaginal intercourse comes with a somewhat greater risk of getting KIDS. It's a good thing all of those are born to parents in committed relationships - otherwise your analogy might argue that quite a few people risk life altering events without thinking too hard about it at all.

    16. Re:Worst part - it doesn't even work by metacell · · Score: 1

      I think the strategy is to raise the expected costs of piracy. It doesn't matter if you have such a low probability if there is a high cost and low benefit. The expected value is equal to the sum of the probability and its corresponding outcome.

      That would work if people were rational and had an intuitive grasp of probability. Unfortunately, people tend to ignore very small risks, even if the cost is very high. That's one of the reasons harsher punishments is not an effective way to decrease crime. You need to increase the "risk of getting caught" side of the equation to make it work.

      There's also a purely rational reason fines beyond a certain point tend to be ignored. Once you slap an average citizen with a fine of more than, say, a few hundred thousand dollars, they have no way to pay it back in their lifetime. So a fine of $500 000 or $500 000 000 makes no difference; the defendant will be living under the same minimum conditions the rest of their lives anyway.

  7. Title is misleading by Anonymous Coward · · Score: 2, Insightful

    Nearly 100,000 alleged P2P Users Sued In the Past Year

    FTFY

    1. Re:Title is misleading by Smauler · · Score: 4, Informative

      You know, using P2P is not illegal, and has many non-copyright infringing uses...

    2. Re:Title is misleading by Anonymous Coward · · Score: 0

      Thanks, YFTFM!

  8. What if all 100,000 turned on the companies? by NicknamesAreStupid · · Score: 5, Interesting

    I know that most cannot afford to even spend the time. But if they did, they would bankrupt these guys under a sea of legal expenses. They would be forced to respond in thousands of jurisdictions. It would be like getting devoured by fire ants. Just a thought.

    1. Re:What if all 100,000 turned on the companies? by artor3 · · Score: 1

      They'd just drop the weakest suits, and nail the others for millions. Remember, they can walk away from the suit pretty much whenever they want.

    2. Re:What if all 100,000 turned on the companies? by MrOctogon · · Score: 1

      But they can't walk away from a counter-suit.

    3. Re:What if all 100,000 turned on the companies? by MacGyver2210 · · Score: 1

      So pull the leverage to your side. If you sue them for lost wages in dealing with their frivolous harassment, then they don't have the option of dropping that suit. If you sue for harassment in general, they don't get to say "Nevermind, we weren't harassing you...suit dropped".

      It may be an expense they expect, but the time suck will make it completely worthless for them to continue with that tactic.

      --
      If the only way you can accept an assertion is by faith, then you are conceding that it can't be taken on its own merits
    4. Re:What if all 100,000 turned on the companies? by Anonymous Coward · · Score: 0

      No, they wouldn't be forced to respond, at least not in an expensive way. The whole crapshoot is set up to take money from those that are likely to give in under pressure. At this first attempt of a struggle they'll drop the case silently. With 100.000 people being sued, it really doesn't matter if you have concede 10.000. I'll bet the companies even have a fixed-price deal with the lawyers, stating how many cents that first and only letter will cost them.

  9. I2P by Anonymous Coward · · Score: 2, Interesting

    This is why I now only use I2P Postman (anonymous bittorrent) for movies and games. Demonoid for books.
    I2P usually takes a few days to download a 1080p movie, but it is worth the wait with the security and anonymity.

    1. Re:I2P by MightyMartian · · Score: 2

      I can't quite figure out, with all the free porn out there, why anyone would want to actual pirate any of it. I mean, fucking is fucking, right?

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:I2P by Anonymous Coward · · Score: 1

      I use StrongVPN, which is super cheap, like $10 per year or something, and feel very safe downloading anything I want with anonymity. Plus, over VPN, all your traffic is encrypted, including email, etc.

    3. Re:I2P by Smauler · · Score: 2

      Anonymity is essentially non-existant on the internet. You can make it difficult for people, but you'll never be 100% anonymous.

    4. Re:I2P by sakdoctor · · Score: 3, Interesting

      Great. Clog up the exit nodes of I2P and TOR so that users with a real political need can't access the web.

      At least get a VPN that terminates in Scandinavia.

    5. Re:I2P by Anonymous Coward · · Score: 1

      Bittorrent is a legitimate use of I2P. The devs have even made their own bittorrent client, I2PSnark, which is fully integrated with the network and with I2P's Postman tracker.

    6. Re:I2P by bemymonkey · · Score: 1

      Interesting, the website says $55 a year and up for specials. I'm guessing regulars are even more expensive?

    7. Re:I2P by John.Banister · · Score: 1

      If that was the case, then there wouldn't be all that free porn out there. I don't think the advertising revenue, would pay for a free porn site if no one downloaded porn more than once. I mean, who would go back for a second video clip, fucking is fucking, right?

    8. Re:I2P by Anonymous Coward · · Score: 2, Informative

      Demonoid? Here, a little tip for you, "private tracker" doesn't mean a damn thing. Your actions aren't private.
      Your actions are as public as any other tracker.
      The term private tracker should be erased from existence since it gives people a false sense of security with the word private.

      If you managed to get in to an invite-only tracker, you can bet your ass that media companies got in long before you did.
      They have people dedicated to searching sites and chats for new information on trackers, invites and general banter to see what to do.
      At least, the terribly greedy ones.

    9. Re:I2P by jonbryce · · Score: 1

      Which is fine until StrongVPN get subponaed. See for example hushmail.

    10. Re:I2P by icebraining · · Score: 1

      If you use a VPN from a different country it should be mostly fine. I doubt they'll spend the time and money to ask a different country's legal system to subpoena the company and get the logs back - even if it's legal.

    11. Re:I2P by icebraining · · Score: 1

      From their website:

      Many applications are available that interface with I2P, including mail, peer-peer, IRC chat, and others.

      They also have the sections "I2P BitTorrent", "I2Phex" and "iMule". I'm pretty sure they don't discourage it.

      Tor is different, and yes, you should keep P2P out of it.

    12. Re:I2P by Anonymous Coward · · Score: 0

      like terrorist...

    13. Re:I2P by Anonymous Coward · · Score: 0

      Because it exists.

  10. Good! by Anonymous Coward · · Score: 2

    Remember saying "Napster is just a search engine, sue the users who are actually committing copyright infringement"? It's good to see the recording industry is doing that. Those who are guilty deserve to be convicted and fined. They should be fined around the $1-$10 per item cost of the materiel they're warezing, but that's a different matter.

    1. Re:Good! by Anonymous Coward · · Score: 0

      By making the penalty so close to the price point of the product all you are doing is saying "go ahead and steal it, if we catch you then you'll have to pay for it." There needs to be a real penalty involved, none of this "but product x costs y so the penalty should be no more than 1.5*y" crap.

    2. Re:Good! by king+neckbeard · · Score: 2

      Nobody is stealing here, and the penalty should be reasonably close to the amount of harm done.

      --
      This is my signature. There are many like it, but this one is mine.
    3. Re:Good! by shutdown+-p+now · · Score: 1

      So if I try to steal something from a shop and get caught, I should be free to walk as soon as I pay the price on the sticker? A brilliant idea.

    4. Re:Good! by king+neckbeard · · Score: 1

      Copyright infringement is not theft, and this is a civil manner, not a criminal one. Even in criminal theft, it's not particularly wise to throw someone in jail for a year for shoplifting a pack of gum.

      --
      This is my signature. There are many like it, but this one is mine.
    5. Re:Good! by shutdown+-p+now · · Score: 1

      Copyright infringement is not theft, and this is a civil manner, not a criminal one.

      You're wrong - copyright infringement, even non-commercial, can be a criminal matter in US if it's willful, and an "exchange of copyright works is involved" (which is the case for practically any P2P network). It's even worse if it is done for commercial gain (i.e. you illegaly redistribute for profit).

      Even in criminal theft, it's not particularly wise to throw someone in jail for a year for shoplifting a pack of gum.

      I agree that the standing penalties for copyright infringement are way higher than is reasonable. My point was that only asking the infringer to pay for the cost of the copies made is also not particularly reasonable - some punitive damages are in order as well (but certainly not thousands of dollars, nor any jail time).

    6. Re:Good! by king+neckbeard · · Score: 1

      Yes, copyright infringement can be a criminal matter, but even most commercial, large scale willful copyright infringement is not pursued criminally. With p2p, the mathematical average is going to be 1:1 ratio, so they sent one copy and received one copy, which is hardly the scale that our courts would ever care about. Furthermore, the standard of proof for criminal acts is 'beyond a reasonable doubt', and defendants are innocent until proven guilty.

      As for what is reasonable, I doubt that you'll be able to get reasonable fees for any personal infringement would justify the court fees. And that's really not such a bad thing. Copyright was made in an environment when printing presses were not that widespread, while now, the average person has the capability of cheaply and quickly reproducing anything that exists in a digital form.

      --
      This is my signature. There are many like it, but this one is mine.
  11. A Momentous Occasion by kyle5t · · Score: 1

    What a milestone! It will be the first time ever that 100,000 people were sued for copyright infringement in 12.00913 months!

  12. Copyrighting information by Anonymous Coward · · Score: 4, Funny

    The U.S: government should just copyright all it's confidential documents. Then any newspaper publishing the diplomatic cables given to Wikileaks would be liable for copyright infringement. So would the thousands who download any other leaked document. And so would Wikileaks for received the documents and not destroying them right away.
    Copyright law sure is awesome.

    1. Re:Copyrighting information by Professr3 · · Score: 1

      Who would own the copyright? Most people seem to have forgotten that everything the government owns is public property - copyrighting something in the name of the public domain doesn't really have much effect. This is why you can request copies of any government documents (of course, they make you pay a fee, and they redact them, and take years, etc.). The only reason you don't always get the documents you request is if they've been deemed secret for reasons of "national security".

    2. Re:Copyrighting information by Anonymous Coward · · Score: 0

      Isn't there a requirement for removal before 24 hours in up? So, couldn't they just bounce it around systems every 20 hours or so?

      Is the government copyrighted something, and they are made "of the people," does that mean any US citizen can file an action for the information, but they can also view it as they own it?

      All in all, this sounds like an interesting legal battle if the government did copyright things.

    3. Re:Copyrighting information by Anonymous Coward · · Score: 0

      So is that why I can go into every square foot of any Federal building? Oh, wait, I can't. Or any military installation? Oh, wait, I can't do that either.

    4. Re:Copyrighting information by Anonymous Coward · · Score: 0

      The British actually do this. Copyright of the Crown.
      http://www.opendemocracy.net/media/copyright_con_3746.jsp

    5. Re:Copyrighting information by t0p · · Score: 1

      Written works (which obviously includes "confidential documents" are, by international convention, covered by copyright as soon as they are created. No one has to "copyright them" (whatever that's supposed to mean).

      --
      http://ihatehate.wordpress.com
    6. Re:Copyrighting information by MaskedSlacker · · Score: 2

      The Federal Government cannot own copyrights by law.

    7. Re:Copyrighting information by McTickles · · Score: 0

      Yes 24hours
      copy to another harddrive every 24hours, sorted...

    8. Re:Copyrighting information by Anonymous Coward · · Score: 0

      Actually, they can. They just can't originate them.

    9. Re:Copyrighting information by king+neckbeard · · Score: 1

      But in the US, you can't sue for statutory damages unless it's a registered copyright, and works for/of the US government are not copyrightable.

      --
      This is my signature. There are many like it, but this one is mine.
    10. Re:Copyrighting information by Professr3 · · Score: 1

      Owning part of the collective rights to something is not the same as having complete control over it. The purpose of those areas in federal buildings and military installations is only (or more easily) achievable if they restrict public access. The public still owns the building, but the public has also elected people who passed laws to designate areas as off-limits for the sake of efficiency and national safety.

      Whether or not you or I agree with those access restrictions is an entirely different matter, and it doesn't affect our (collective) ownership of the facilities.

    11. Re:Copyrighting information by thogard · · Score: 1

      The US seems to me mostly unique in the concept that it's works belong to the people and therefor are public domain. Commonwealth countries all have a "Crown Copyright" and most of the EU the copyright belongs to the Government. The strangest is the cases where public documents are covered by a copyright of the government at the time when it was created (and for US readers, the "government" is the people in power at the time, not something like "copyright US Senate")

      An interesting thing is I don't know of a single country that copyrights is money yet every country has laws in place about making copies. To me that would imply that copyright on government works is legally new concept.

    12. Re:Copyrighting information by atamido · · Score: 1

      No, the federal government can't copyright stuff by law, but they can own copyrights. So to get around this, they pay other businesses to produce and copyright a work, and the purchase the copyright.

      I couldn't tell you why they think it's a good idea, but it's what they do.

    13. Re:Copyrighting information by metacell · · Score: 1

      Here in Sweden, government documents are specifically exempted from copyright. The law doesn't state anything about who the government documents belong to; it simply states that copyright law does not apply to them, and therefore they are free to copy.

      There are, of course, laws regulating which documents can and can't be released to the public.

    14. Re:Copyrighting information by Anonymous Coward · · Score: 0

      They should give the rights to me. I'll take good care of them, I promise!

  13. profitable, you say? by king+neckbeard · · Score: 1

    Has there actually been any evidence that any plaintiff has even made their lawyer's fees back? If not, calling it profitable is questionable

    --
    This is my signature. There are many like it, but this one is mine.
    1. Re:profitable, you say? by Anonymous Coward · · Score: 0

      When the lawyers work for the company, any money made past what the lawyers earn in salary is profit. Lawyers may get a bonus for winning a BIG case but there is still profit. You don't think they actually hire freelance lawyers do you? As you said where's the profit in that?

    2. Re:profitable, you say? by king+neckbeard · · Score: 1

      I'm not entirely sure how the lawyer payment thing works, but I know that the RIAA has lost money on their lawsuits despite 'winning.' I understand that some parties in the mass p2p suits have collected some money from those that settled, but that doesn't mean there's a net profit involved.

      --
      This is my signature. There are many like it, but this one is mine.
  14. Business model... by noodler · · Score: 1

    Upload some porn material for which you own the copyright and then sue all the people that download it.
    I say it's brilliant.

    1. Re:Business model... by ldconfig · · Score: 1

      The RIAA has been pulling that one for years

      --
      The spelling and grammar police can kiss my ass
    2. Re:Business model... by The+Wild+Norseman · · Score: 1

      The RIAA has been pulling that one for years

      Yeah, well I've been pulling one for years too. I guess that's something we have in common...

      --
      "A government is a body of people usually -- notably -- ungoverned." -Shepherd Book
  15. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  16. halp by drougie · · Score: 2

    I'm one of the guys who received one of these letters over a porn torrent. It instructs me to log into their website (I haven't) to find out how much they want, offer's off the table March something yada yada. My ISP guy suggests I just lie low and ignore the thing.

    What do?

    1. Re:halp by Anonymous Coward · · Score: 1

      Consult a lawyer. You don't want to be caught out in any trickery their lawyers pull, and them requiring a website visit instead of spelling everything out in the letter is suspicious in and of itself. Even if you decide to settle, if you've got a lawyer he/she can at least tell you whether your payment to these creeps will end the matter or if it'll somehow open you up to additional legal problems.

    2. Re:halp by McTickles · · Score: 0

      ignore
      especially if they have a website that means they arent serious...

    3. Re:halp by icebraining · · Score: 1

      Call a lawyer.

    4. Re:halp by Anonymous Coward · · Score: 0

      On the contrary, never talk to a lawyer, either professionally or socially. Lawyers exist only to perpetuate the legal system that they have managed to construct.

      A lawyer won't know anything more about the legal aspects of this filing than you or I, so he'll pay his minimum-wage paralegal to research statute and case law. Cut-out the middle-man and do the research yourself.

    5. Re:halp by metacell · · Score: 1

      I think that's pretty bad advice. Sure, there are bad lawyers who don't do much for their clients, but even those will help you avoid pitfalls which are hard to spot for the layman.

  17. Off-topic, but actually on-topic by Andy+Smith · · Score: 5, Insightful

    Settle-or-else cases need to be made illegal.

    Last year I was driving in Glasgow city centre for the first time, and I drove along an unmarked bus lane. (Signs in the wrong place, no markings on the road, etc.) Two police officers stopped me and although they knew the lane was inadequately marked, they had been told to give everyone a ticket so that's what they did. They said it would never go to court and, even if it did, I was sure to win. They were really nice about it, or so I thought at the time.

    Months later I received notice of court action, with an offer to avoid court action by paying a £60 fine. That's when I spoke to a lawyer for advice. His advice with to just pay it, because the system is stacked against you.

    Here's what would happen if I didn't pay:

    1. I'd have to go to court TWICE in a city hundreds of miles away. Let's say £40 fuel each time. If I had to stay overnight then let's say another £40 for a hotel each time. So that's £160.

    2. Courts are known for ignoring the law on bus lanes. Legally the lane must be marked in certain ways, but courts don't take that in to account. If the lane is registered with the council as bus-only then you've broken the law.

    3. In the very unlikely event that you win, you can't claim back your fuel / hotel costs, or any kind of compensation.

    This has been going on for decades.

    All the record / movie companies are doing now is exactly what the police have been doing for a very long time. They give people two choices:

    1. Pay a relatively small fee to avoid court action, or
    2. Prove yourself innocent and pay more.

    As much as I can see the bad side of what I'm about to say, I believe the law needs to change so that settlement offers are outlawed. Police, councils, individuals, copyright holders, or whoever, must either take you to court or leave you alone. Intimidation, which is the intent of settlement offers, should be a criminal offence.

    1. Re:Off-topic, but actually on-topic by Anonymous Coward · · Score: 0

      Actually, it'd probably be worse if settlements were made illegal. The MAFIAA would just go forum shopping until they can find a sympathetic jury (the kind who don't ask a lot of questions) and extort people for even more money - the equivalent of East Texas for patent lawsuits. Heck, I can imagine them pushing for a 'loser pays' court system so they can get even more money out of people. The real solution would be for a judge to look through some of these cases and find the clearly frivolous ones (ie: where the MAFIAA has no real evidence of anything and were planning to extort money via out-of-court settlement anyway), then bar the MAFIAA from filing suit based on that.

    2. Re:Off-topic, but actually on-topic by zippthorne · · Score: 1

      I'm going to guess that you paid the "small fee to avoid court action."

      Regardless, if this happens in the future I urge you and anyone else, to opt for the court option. It's the fact that everyone basically takes option (1) that they can get away with that kind of shenanigans.

      --
      Can you be Even More Awesome?!
    3. Re:Off-topic, but actually on-topic by RogerWilco · · Score: 1

      I would have gone to court, even if it would have cost me more in the end, purely on principle.

      --
      RogerWilco the Adventurous Janitor
    4. Re:Off-topic, but actually on-topic by Anonymous Coward · · Score: 0

      Legally the lane must be marked in certain ways, but courts don't take that in to account. If the lane is registered with the council as bus-only then you've broken the law.

      That can work in your favour. Double-yellow lines, one way streets, etc. all require a local byelaw. If you get a ticket but the signage doesn't match the byelaws you have a get-out-of-jail-free card.

      And you don't have to go to court (with all the associated expense) to get off. The ticket gives you a choice between paying up or going to court, but you also have a right of appeal to the ticket issuing authority. If you can persuade them they are likely to lose in court they'll let you off.

      But I agree it's a scam and not mentioning your right of appeal is part of it.

    5. Re:Off-topic, but actually on-topic by rahvin112 · · Score: 1

      The problem is everyone wants to fight traffic citations even if they are wrong. People go in trying to challenge the law, speed measurements, signs, striping, officer behavior, you name it. There are so many of them handed out every year that even if 1% were challenged the courts would grind to a halt. So for the reason the courts the US basically ignore any plea regardless of merits unless you hire a lawyer. Hire a lawyer and show you are serious and the case will probably be dismissed or pleaded to nothing. In most US jurisdictions the Judge will cut the fine in half or less if you come to court and be respectful and ask to reduce the fine but they won't usually knock off the points on your license. But come in there challenging the validity of radar speed enforcement or something else and you will likely get tossed out with the full fine.

    6. Re:Off-topic, but actually on-topic by metacell · · Score: 1

      You make it sound like a popularity contest, not a legal procedure where a case is judged on its merits. Unfortunately, I'm not sure you're wrong.

    7. Re:Off-topic, but actually on-topic by Andy+Smith · · Score: 1

      Unfortunately, regardless of the poor signage, my lawyer advised me that I would almost certainly be found guilty and then I would have a criminal record. Yes, a criminal record, for driving in a bus lane that I didn't know was a bus lane. It's probable that at some point in my career I'm going to want to work abroad, and I can't risk having a criminal record that may create work visa problems.

      That's to say nothing of the 6 points on my driving license and a fine of up to £1000. And in motoring cases, the courts seem to think that "up to" means "this is how much the fine should be".

      The whole thing stinks. It's a stealth tax, enforced by intimidation.

  18. MPAA studios own TV news by tepples · · Score: 5, Insightful

    Politiians are whores for your votes

    Major copyright owners can provide more votes than concerned members of the public because major copyright owners control the major U.S. television news media. This lets major copyright owners manipulate voters' awareness of both issues and candidates.

    1. Re:MPAA studios own TV news by drb226 · · Score: 1
  19. Three-fourths of the states by tepples · · Score: 3, Informative

    If we had a system like in Switzerland, where any law the public does not agree with can be invalidated with a successful referendum

    Then we'd have three-fourths of the states being able to pass federal laws right over the Congress's head. Such an amendment process already exists if 34 state legislatures call a convention to propose an amendment to the Constitution and 38 state legislatures ratify the amendment.

    1. Re:Three-fourths of the states by Anonymous Coward · · Score: 1

      To fix pasting into comments in Chrome: Open a comment in a new tab before replying, or compose in a text editor first.

      That's not a "fix", it's a "workaround".

    2. Re:Three-fourths of the states by drb226 · · Score: 1

      any law the public doesn't agree with [could] be invalidated with a successful referendum...

      Then we'd have three-fourths of the states being able to pass federal laws...

      No, the states would be able to undo laws being passed, not necessarily pass laws themselves.

    3. Re:Three-fourths of the states by Rob+the+Bold · · Score: 1

      To fix pasting into comments in Chrome: Open a comment in a new tab before replying, or compose in a text editor first.

      That's not a "fix", it's a "workaround".

      Depends if it's a bug or a feature . . .

      --
      I am not a crackpot.
    4. Re:Three-fourths of the states by Kvasio · · Score: 1

      you've said "state legislatures", GP said "where the public does not agree". Your solution just brings the same problem to the different people, you cannot trust that state legislatures will do what voters wish for.

    5. Re:Three-fourths of the states by Anonymous Coward · · Score: 0

      In Switzerland, there are both referenda (revoking laws) and initiatives (creating laws) as an option for people-initiated votes.

      You need 50'000 signatures or eight cantons within 100 days for a referendum or 100'000 signatures within 18 months for the initiatives. There are a bit less than 8 million people here, and 26 cantons. If you get the amount required, there has to be a majority-based vote on the issue and the people decide.

      Additionally, the same kind of national votes are required to pass certain types of laws, and parliament can also trigger them if they feel it would be best for people to decide things (because they really couldn't get a good idea what people wanted on some issue).

      Is that easier / better to do than getting parliamentarians to revoke their own laws by lobbying or getting them interested in some issue at times? Yep - more often than one would think, actually.
        Three fourths of our representatives would be hard to convince to do anything. I think even if you assume that parliamentarians are good-willed and dedicated... imagine that out of some number of millions of people you have 20 lobbyists with a cause not familiar to you walk up to you and tell you there's an issue. Do you believe them? Do you shove aside ALL the other things you ought to look into for the next session? Nah. You may or may not see the point that very instant 3 minutes you can afford to spend there, and if you don't, the topic is done - too much other things at hand. And you, indirectly, will not necessarily be able to convey the issue to parliament well, either, even if you sort of get it...

    6. Re:Three-fourths of the states by tepples · · Score: 1

      The MPAA's news machine doesn't control state legislature races as tightly as it does U.S. House and Senate races.

  20. Out of print, now what's the value? by tepples · · Score: 1

    So let's say this case the movie is a $30 value

    What's the market value of a copyrighted work whose copyright owner has declined to offer copies for sale to the public? Case in point: Disney's Song of the South, and Nintendo's Mother and Mother 3 outside Japan.

    1. Re:Out of print, now what's the value? by h4rr4r · · Score: 1

      It should be 0. Refusal to sell should be an immediate loss of copyright protection. Copyright exists to entice creators to produce works for society, if you are not going to share them with society you have no right to such protection.

    2. Re:Out of print, now what's the value? by frozentier · · Score: 1

      What's the market value of a copyrighted work whose copyright owner has declined to offer copies for sale to the public? Case in point: Disney's Song of the South, and Nintendo's Mother and Mother 3 outside Japan.

      It should be the same as a similar work from the same source. An unreleased Beatles song isn't worth $1 billion just because it's unreleased. If someone found a mint condition Picasso that nobody knew about and refused to sell it, that wouldn't be worth $1 billion either. I'm just saying that availability of an item still only plays a partial part in determining it's value.

  21. Good Scheme but Ineffective Long Term by Anonymous Coward · · Score: 0

    The vast majority of porn downloaders will be unwilling to purchase porn legally because they don't want the credit card paper trail. This is the exact same reason the vast majority will settle rather than go to court even if the evidence is too weak. So you'll never convert the downloaders to buyers and you'll lose any spillover/publicity from the p2p scene. On net, nothing will happen to your revenues. Still, it's an attractive scheme to make a lot of money in the short term.

  22. and zero were ruled guilty by Anonymous Coward · · Score: 0

    how many of them were condemned?

    1. Re:and zero were ruled guilty by Anne+Thwacks · · Score: 1

      "You are hereby sentenced to be taken from hence to a place of intoxication, there to be tiddled until you wink. May God have mercy on your soul".

      --
      Sent from my ASR33 using ASCII
  23. Policitians are not whores for votes by iYk6 · · Score: 1

    Politicians are whores for corporate money. They then become johns, where they use that money to pay for advertising, rallies, and such. We are the scabies who follow around the whores and the johns. When it's all over, for some reason, the politician with the most scabies declares themselves the winner.

  24. Causation by icepick72 · · Score: 1

    Oddly, most of those subpoenaed have long since gone blind.

  25. And anonymous coward blathers ... by thomst · · Score: 2

    An anonymous reader writes "The avalanche of copyright infringement lawsuits in the United States, mainly against BitTorrent users, are about to hit a dubious milestone. In total 99,924 defendants have been sued in the last 12 months, and new cases are being filed at a rapid rate. Adult companies in particular have embraced the profitable pay-up-or-else scheme where tens of millions of dollars are at stake."

    What utter bullshit.

    Judges are throwing aggregated lawsuits out as fast as they're being filed. Both in Britain and the U.S., they've consistently ruled that individual downloaders must be sued individually - and the D.C. judge here in the States told the pr0n asshats that they had to sue individuals in their home jurisdictions for good measure. These cases may have been filed, but NONE of them has come to trial.

    And none of them will, because it simply doesn't pencil out for the law firms involved. Some shysters here and in Olde Blighty thought they saw an angle to shoot - and they've gotten shot down themselves. These weasels are no credible threat to anyone. DON'T pay their extortion demands - respond with a promise to counter-sue them for defamation of character, instead. I'll bet you a shiny, new, Ohio quarter you won't hear another peep out of them.

    --
    Check out my novel.
    1. Re:And anonymous coward blathers ... by Anonymous Coward · · Score: 0

      You would expect a defense lawyer to ask how was this 'evidence' collected - given it is tantamount to phone tapping.
      Yes, they say internet is not the same as a wire tap, but when a journalist uses or downloads someone famous, laptop or iphone - somebody thinks a different set of law applies.

      One shudders to think of all the illegal collection of data in breach of privacy laws, and or unlicensed investigations.
      These criminals are breaking the law to begin with. That before starting extortion. With the law of trespass or negligence there are reasonableness tests for actual damage - not some arbitrary made up number (sorry not in the USA it seems). As for green/climate change - think of all the power being sucked for both on and offshore IP packet matching, those computers running all day. At least a few forward thinking countries think non-criminal and proportional response - below theft or embezzlement of say a lawyer mis-using clients money.

      Not sure why Swiss or Swedish people are not going after these modern day data aggregators for such violations - because they are being paid to break the law. Follow the money trail..

  26. No free lunch. by westlake · · Score: 3, Interesting

    So, if I decide a TV program is out of the question for some reason (either because I can't receive it at all, or because I won't be there at broadcast time), then it is still a genuine crime that should be punishable by destroying my life with insane charges?

    At no point does it become a criminal charge

    In the US it can become a federal criminal charge - and it can escalate to a felony charge.

    That has been the law since the NET (No Electronic Theft) Act of 1997.

    P2P is all about "file sharing." The unlicensed wholesale re-distribution of protected works through P2P networks.

    That is why statutory damages apply - and it is why the geek would be the first to scream bloody murder if his uploaded shares could be successfully watermarked and traced back to him.

    Even though I am one of those who doesn't respond to commercials?

    The geek is the gift of god in cross-examination.

    His self-regard, and boundless sense of entitlement to a free media fix is the one message you want the jury to take away from his testimony.

    It really doesn't get any better than this.

    1. Re:No free lunch. by Omestes · · Score: 1

      P2P is all about "file sharing." The unlicensed wholesale re-distribution of protected works through P2P networks.

      P2P is all about file sharing... correct. The rest of that statement is false. File Sharing is about "sharing files", some of these files can be illegitimate. Most P2P might be piracy, but not all P2P is piracy. Just the other day I used P2P to get a patch for Starcraft II, and download a copy of Linux. I must be a dirty pirate.

      I did download a copy of Windows7 from Pirate Bay too! Mostly because the copy from a legitimate source wouldn't actually install (downloaded multiple times, burned multiple times, all a failure). Upon installing my "pirated" copy of Windows, I entered my legally purchased serial number. Damn, I must be stopped!

      A majority of P2P might be piracy. I don't have proper statistics, and am not aware of any objective study proving this, but it might be true. But it doesn't matter, since conflating P2P with piracy is still fallacious. In the last week I used about 10 torrents, an not a single download was illegal.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    2. Re:No free lunch. by VanessaE · · Score: 1

      In the US it can become a federal criminal charge - and it can escalate to a felony charge.

      That has been the law since the NET (No Electronic Theft) Act of 1997.

      If and only if a government entity of some kind issues the lawsuit. Do you honestly think that the media companies would be suing only in civil court if they could be directly suing in the criminal courts? Instead, they lobby for changes to our laws, and press our ISPs and government agencies to expend resources to fight what they perceive to be this world-destroying problem.

      P2P is all about "file sharing." The unlicensed wholesale re-distribution of protected works through P2P networks.

      While P2P probably is primarily used for unlawful file sharing, that isn't its only use, we all know that here. To imply otherwise makes you unaware of its full potential.

      That is why statutory damages apply - and it is why the geek would be the first to scream bloody murder if his uploaded shares could be successfully watermarked and traced back to him.

      I think you mean "her", and I have no such watermarked shares to be spread around, because I don't buy from sources who do such things. I only buy physical media, because I can be reasonably sure that I can use that media indefinitely and anonymously.

      Even though I am one of those who doesn't respond to commercials?

      The geek is the gift of god in cross-examination.

      His self-regard, and boundless sense of entitlement to a free media fix is the one message you want the jury to take away from his testimony.

      As is evidenced by having moved it to the bottom of your reply, my statement was taken entirely out of context. Since I was using "Free to air TV" as an example, "commercials" should be taken literally, meaning advertisements. "Free to air" means I am not required by any law, process, device, contract, etc. to pay for in any way whatsoever the content which is transmitted, and that I am free to record that content and use that recording any way I see fit, whether it is an episode of a TV series, a song on a radio, or even a movie, provided I don't distribute it. As I said, I don't respond to commercials (whether on a "free to air" broadcast or not), so those who would profit from those commercials won't do so on my account.

      There is no difference whatsoever in their profits or my costs for watching/listening to a "free to air" broadcast as it is transmitted, versus watching/listening to it via a downloaded file.

      All of that aside, the only "entitlement" I feel is that which every American is supposed to be guaranteed by law - public domain after X years, the right to make backups, the right to record, that sort of thing. Furthermore, whether any of your commentary were correct or not is moot, because aside from the punishment not fitting the infraction, I plainly said in my post that "I choose not to download [...]", meaning I don't run any kind of P2P software, I don't download from warez/share sites, I don't use USEnet binaries, nor any other method that results in unlawful distribution of content.

      I can afford to buy the content that I want, and I don't want to deal with the headaches if I get caught using any of the above tools, even if I'm doing something legitimate.

  27. Different thought and experience. by Anonymous Coward · · Score: 2, Interesting

    QWEST communications shut off my internet service because they received a series of complaints regarding illegal file sharing from my address. QWEST did not notify me in advance. At about 1 PM on Monday my internet was shut off while I was watching a Youtube video. I called QWEST up to ask why; at that time I was told illegal file sharing. I was also told that I would have to file a DMCA dispute. When I asked how without a carrier, QWEST turned the line back on. At that time QWEST emailed me the DMCA complaints. After reviewing the complaints, I noticed one thing that stood out: There were multiple complaints for the same file from Media Sentry, their subsequent company Peer Media, and Warner Brothers. This was not numerous instances of file sharing, but rather a single instance complained about numerous times to inflate the number of complaints. (I caught the file later that evening and shut the node down.)

    In conversations with QWEST Tech. Support escalation team, QWEST told me that their system could not be infiltrated when I mentioned that all of the local email was being used to send spam. I began to dig, as a result I found reports coming from Australia, Mexico, and Chile, as well as CERT and Security Focus warnings for the modem that the CMS carrier used to update the modems was being used to hack into customer networks. This fit in with my speculations and observations. I shut off QWEST's remote management and put Wireshark on the line. There was still unexplained communication on the line. I eventually tracked the communications to the QWEST CMS carrier. After even longer, I located the URL and IP address and firewalled them. I then pulled the software off the modem, reverse engineered part of it and prohibited communication with the QUEST update server, and then reflashed the modem. After monitoring the line for a few hours, there were no more unexplained communications from the modem. There is also no more spam being sent from the local email addresses.

    After this was done (20 hours later), I filed a two page DMCA dispute using, without specificity, every defense in the DMCA. Should the mafiAA's try to come after me, I did leave out that my home network had been penetrated, but I also documented every bit of the work and calls to secure my network.

    What I recommend to any that are accused, or sent notice of illegal file sharing, is to file a DMCA dispute with your carrier before any negative action is taken by the carrier, if you are notified.

    Part of this story is to notify others that while QWEST asserts that they do not take action against subscribers other than to send the notice, that QWEST, along with may other carriers does in fact disable service, but that they do it without notifying you at all. Also be forewarned that the IP vice president/attorney for QWEST serves on the Board of Directors for a few IP interests.

    Has anyone thought of what happens when your network is compromised by an exploit that the telco's say does not exist, but of which there are CERT advisories for, and that person is then a victim of one of these frivolous lawsuits? How many others may have the skill to stop an exploit in its tracks, esp endusers? How ethical is it for a telco to place exploitable back doors, or back doors period, in modems that they have sold you? How important is carrier privacy? How ethical is it for a carrier not to inform you as soon as they receive notice of an alleged DMCA violation?

  28. spankwire, etc? by markass530 · · Score: 3, Informative

    not that I've ever used any of these sits, but what about the likes of tubestack, xxhamster, and youporn, etc?? All these are straight up websites, With an infinite amount of porn, and I don't think any of it is "Public Domain Porn"

    1. Re:spankwire, etc? by Anonymous Coward · · Score: 0

      Actually that's what I was thinking. The industry's real problem isn't bit torrents, it's those free sites that give away more than enough of the product to make paying sites unnecessary. Hell, even Google will generate a list of free porn videos. So going after bit torrent is a waste of time.

    2. Re:spankwire, etc? by Anonymous Coward · · Score: 0

      One company, believe it or not owns it all.

      http://nymag.com/news/features/70985/index1.html

    3. Re:spankwire, etc? by Anonymous Coward · · Score: 0

      They all (including the largest) hide behind the DMCA. A couple of major lawsuits from industry players have been settled out of court for around $6 million - a drop in the ocean compared to what Pornhub/Brazzers/Manwin are making from the massive intentional copyright infringement.

  29. Passing a law by tepples · · Score: 1

    the states would be able to undo laws being passed, not necessarily pass laws themselves.

    A supermajority of states can amend the Constitution, which is the supreme law of the land, trumping even the United States Code. How does amending the Constitution not count as passing a law?

    1. Re:Passing a law by metacell · · Score: 1

      I think the grandparent was referring to the Swiss procedure.

  30. So tipical of the content here by Anonymous Coward · · Score: 0

    As is so typical of the posters here,the comments are useless and miss the point
    I am still waiting for the day anything here matters or has any consequences whatsoever move on kids,get a life.

  31. Sounds like a business opportunity... by DanielRavenNest · · Score: 1

    For "Lawsuit Insurance". If you worry about getting nuisance suits, which is what these are, pay a small fee and be covered for them (either hiring a lawyer, or getting reimbursed for paying the demanded amount, whichever you choose). Since the odds are small that you will be sued, the fee will be small too. The insurer has an incentive to work out the best response letters, legal tactics, etc, and supply them to their customers.

    1. Re:Sounds like a business opportunity... by drinkypoo · · Score: 1

      It's called "prepaid legal". You're also betting that the company will still be around when you need them.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  32. Hey, porn industry. by Grapplebeam · · Score: 1

    Suing because your business model is no longer viable won't work in the long run. The same thing happened to newspapers.

    --
    There is no -1 Disagree.
  33. Are VPN user's being sued? by nanospook · · Score: 2

    I wonder how many of the 100,000 were using a VPN? I run a VPN (supervpn $4 a month) before downloading content. I am aware that vpn can be broken but figure they are not going to spend that resource when there are plenty of other users downloading without VPN. Is this true or am I making a bad assumption?

    --
    Have you fscked your local propeller head today?
    1. Re:Are VPN user's being sued? by Anonymous Coward · · Score: 0

      Does that VPN offer enough speed to be useful for large files? Couldn't industry lawyers get your info from the VPN provider just as easily as from a connectivity provider?

    2. Re:Are VPN user's being sued? by Omniscientist · · Score: 1

      There are multiple VPN providers that advertise their services as a way to use BitTorrent anonymously. While that may seem like a meaningless marketing gimmick, it lets you know about how the service owners intend their product to be used. There are many VPN providers that will actually block BitTorrent traffic, namely because of the subpoenas they may have received in the past in response to filesharing. Plenty of people use VPN in order to circumvent harsh government censorship and control, as opposed to downloading crappy music or movies. So, don't expect all VPN providers to tolerate your use of their services for filesharing purposes.

      Depending on the service and various time-variant factors, you can expect speeds to be fairly satisfactory. I wouldn't expect speeds in the 1.0+ MB/s range or anything. Perhaps someone can offer experience contrary to that.

      In regards to industry lawyers getting your info from VPN providers: sure, that's still a possibility. That's why it is important to see what country the VPN is based in, as laws regarding the matter differ from place to place. Also, these providers prominently advertise their policy in regards to logging user information. Some will say they keep no logs; a more believable pitch is that they keep logs only for one or more days. Whether you believe any of that or not is up to you, but without logs, there wouldn't be anything connecting you to what you were doing.

    3. Re:Are VPN user's being sued? by metacell · · Score: 1

      The VPN provider doesn't need to log which IP addresses are masqueraded as which, or can let a number of users share the same IP address, much like a NAT router. At least that's the case here in Sweden, where the laws for Internet providers do not apply for VPN providers.

      It does cause a substantial drop in speed, though, at least if you have a fast connection to begin with (I have 100 Mbit/s).

    4. Re:Are VPN user's being sued? by nanospook · · Score: 1

      Speed has been more than sufficient.. It really depends on how many seeders there are.. I do think though that there are many bit torrent users that do not use a vpn service and are thus "easier" to focus on than someone who is using a vpn..

      --
      Have you fscked your local propeller head today?
  34. I know what you mean... by Anonymous Coward · · Score: 0

    > And when they promise not to support this but then do? And then you look for somebody else for the next election, and then they also promise not to but then do?

    You voted for Obama, too, huh? He had some of the more clueful things about reform on his website, then went to move RIAA lawyers to top Justice Dept. positions and got ICE to start removing people's domains with no chance for those people to file a defense.

  35. I encourage you to pirate what is not available by Anonymous Coward · · Score: 0

    My only concern with piracy is that it is sometimes the only way to acquire certain things. I learned this early on when the emulation scene made numerous arcade games available to the public, and to this day many are still only available through emulation. Other things are only available through piracy today like Yapoo's Market and Master Of Champions. The "parent" in this post discourages us from downloading anything not available otherwise, but I have already made up my mind. We need to stand up to companies if they aren't making available what we want to purchase. We all want to see constant improvement in the world so we must fight for it by pirating what can't be purchased. However greedy self entitled downloaders who steal what is easy to acquire can be dammed by these lawsuits for all I care.

  36. So replace "wifi" with "website" by Anonymous Coward · · Score: 0

    So replace "wifi" with "website" and say this to the US DoD, Fox, Copiepresse et al when they complain that their website is being accessed through HTML and that just because it was available doesn't mean they can't charge you with "theft".