I think you are missing the point here. The Copyright Alert System is solely concerned with bittorrent peers, and, as I was able to get clarified via a question during the conference, only to seeders and not to leechers.
The actual monitoring will be done by Mark Monitor on behalf of the content companies. If they successfully leech identifiable content from a seed, then that seed's IP address will be passed to the ISP for CAS processing at the appropriate alert level.
The ISPs will not be doing any monitoring under this system..
a much circulated twist on accusations of larceny from downunder (copied from elsewhere)
There was a defamation judgment in about 1993 in the West Australian Supreme Court that held that calling a copyright infringer a "thief" or a "pirate" was defamatory. Damages were around AU$25,000 from memory. Given that Australian defamation law depends on the place in which the publication is received, I would exercise a little more caution in using those terms on a site that is received by a number of Australians. Of course you have to refer to a particular infringer as a "pirate" or "thief" in order to defame them;-) except of course for criminal defamation:-( more details )
Slashdot Mirror
I think you are missing the point here. The Copyright Alert System is solely concerned with bittorrent peers, and, as I was able to get clarified via a question during the conference, only to seeders and not to leechers.
The actual monitoring will be done by Mark Monitor on behalf of the content companies. If they successfully leech identifiable content from a seed, then that seed's IP address will be passed to the ISP for CAS processing at the appropriate alert level.
The ISPs will not be doing any monitoring under this system..
> California long arm statue
There was a defamation judgment in about 1993 in the West Australian Supreme Court that held that calling a copyright infringer a "thief" or a "pirate" was defamatory. Damages were around AU$25,000 from memory. Given that Australian defamation law depends on the place in which the publication is received, I would exercise a little more caution in using those terms on a site that is received by a number of Australians. Of course you have to refer to a particular infringer as a "pirate" or "thief" in order to defame them ;-) except of course for criminal defamation :-( more details )
that's kelsey grammer, right?