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NY Judge Rules IP Addresses Insufficient To Identify Pirates

milbournosphere writes "New York Judge Gary Brown has found that IP addresses don't provide enough evidence to identify pirates, and wrote an extensive argument explaining his reasoning. A quote from the judge's order: 'While a decade ago, home wireless networks were nearly non-existent, 61% of U.S. homes now have wireless access. As a result, a single IP address usually supports multiple computer devices – which unlike traditional telephones can be operated simultaneously by different individuals. Different family members, or even visitors, could have performed the alleged downloads. Unless the wireless router has been appropriately secured (and in some cases, even if it has been secured), neighbors or passersby could access the Internet using the IP address assigned to a particular subscriber and download the plaintiff's film.' Perhaps this will help to stem the tide of frivolous mass lawsuits being brought by the RIAA and other rights-holders where IP addresses are the bulk of the 'evidence' suggested."

6 of 268 comments (clear)

  1. Judges. by AG+the+other · · Score: 5, Insightful

    Some of them are teachable.

    --
    Non bene pro toto libertas venditur auro
  2. Re:To be fair.... by MrEricSir · · Score: 5, Insightful

    And as for people who run unlocked wireless routers and let anybody in the neighborhood utilize their bandwidth, I have zero sympathy.

    Right, because we should expect 100% of the US population to understand network security and know how to properly secure a wifi router. Makes perfect sense!

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    There's no -1 for "I don't get it."
  3. Finally some common sense in the judiciary by Galestar · · Score: 5, Insightful

    Thank you Judge Gary Brown

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    AccountKiller
  4. Re:To be fair.... by amicusNYCL · · Score: 5, Insightful

    It takes about 60 seconds to teach somebody to secure their wireless router. The only remotely time consuming part is getting them to believe that it's actually a smart idea.

    I think you've got those backwards.

    OK, listen, if you leave this unlocked then anyone who finds it can download anything. They can download child porn, illegal movies, terrorist documents, whatever, and it's all linked to you.

    Well that sounds bad, better lock it up.

    Right. OK, so the first thing you do is open your browser and go to one nine two dot one six ...

    Wait, what's a browser?

    Just double-click on the blue "E".

    Got it. OK, I type in one nine two ...

    Wait, not in the Bing search bar, you type it into the address field.

    What's the address field?

    --
    "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
  5. Re:Does this apply to all cases? by sjames · · Score: 5, Insightful

    That depends. The parking ticket thing was standing between a city government and a revenue stream. That is known to be the most dangerous place to stand in all of existence.

  6. Re:Does this apply to all cases? by Archangel+Michael · · Score: 5, Insightful

    I was in a private residence, they had no rights to order me to do anything, because I was not hindering their investigation, nor was I doing or involved in anything illegal. If the cops can go into any residence and order the occupants around and arrest people for not "not following orders" ... then I have a HUGE problem with that society. And you don't?

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.