Comcast XFINITY → Re: Comcast is spying on me!

Easy way. Said party rents server and uploads movies/music/games and releases to warez websites then logs the IP's of everyone that accessed that file. So they can catch you downloading too.

And anyone that just outright Downloads movies or Popular music illegal is pretty ignorant.

3. run your cable modem un-registered
How do you do that?

Unless they are running the warez site, or the site feeds access data back to them, they can't access the IP addresses of the downloaders. In any case, making their goods available in that manner would be, legally speaking, "entrapment". You are not allowed to catch a crook by enticing him to commit a crime.I think I will not get involved in a battle over righteousness.

"In any case, making their goods available in that manner would be, legally speaking, "entrapment". You are not allowed to catch a crook by enticing him to commit a crime."

Absolutely correct, but there are two caveats:

If it is a criminal matter, you only have to avoid the enticement. You can, for example, put a cop out on the street pretending to be a hooker and get a conviction if he/she does nothing more than acquiesce to a john's solicitation.

If it is a civil matter, then it is katie bar the door. Enticement is lawful, and it is used often, or so I am told.

Not to take away in any way from a typically useful NormanS contribution!

Cheers,

Kip

Yah but...I expect the defense could make a pretty decent stand on the fact that the complainant has made the material available at no charge, of their own free will.

quote:

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"In any case, making their goods available in that manner would be, legally speaking, "entrapment". You are not allowed to catch a crook by enticing him to commit a crime."

Absolutely correct, but there are two caveats:

If it is a criminal matter, you only have to avoid the enticement. You can, for example, put a cop out on the street pretending to be a hooker and get a conviction if he/she does nothing more than acquiesce to a john's solicitation.

If it is a civil matter, then it is katie bar the door. Enticement is lawful, and it is used often, or so I am told.

Not to take away in any way from a typically useful NormanS contribution!

Cheers,

Kip

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I've thought a lot about this tactic for catching downloaders. The problem I see with it is that if the copyright holders are putting material up for download, aren't they are implicitly authorizing people to download it? Which means it is no longer a crime?

Let's start with the fact that I am an engineer, not an attorney.

What I think/believe/guess is:

The copyright holder itself is not posting the works.

The works are fake.

The downloader sought out the site.

So the argument would go that the downloader knew/should have known that he had no rights to download, and that he was in fact trying to obtain their copyright works unlawfully.

Well, with the same caveat concerning my profession...

If it's not the copyright holder (or authorized party) then they are also in violation of the DMCA.

If the works are fake, then there is no crime.

Not sure if the DMCA covers intent; I would guess, "no"... but I'm not sure.

Concur.