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ISurfTooMuch

join:2007-04-23
Tuscaloosa, AL
reply to FFH

Re: Using IP address legal & practical

Yes, but define due diligence. Suppose I share an apartment with a roommate, and I pay for the Internet connection. So, what should I do to prevent him or her from downloading? I can certainly password-protect my computer, but what am I supposed to do about theirs? I really can't do anything about it, in fact.

And there have been cases where someone simply erred with the IP address. Back when the RIAA lawsuits started, a buddy of mine told me about an elderly couple (I think they were in his church) who got a threatening letter demanding they settle or face a lawsuit. They had never downloaded anything, nor did they have anyone else coming into their house who would have downloaded anything. Basically, someone somewhere screwed up. It was either the RIAA sending the ISP an incorrect IP, or someone at the ISP pulled the wrong customer record. These people were terrified, and they ended up getting a lawyer to fire back a nasty response. Luckily for them, the RIAA didn't pursue it, but what if they had? Let's suppose that someone at the RIAA entered the wrong IP early on in the process. The ISP would confirm that, yes, that's the IP that they were asked for info about, so that was the correct customer info. And what if the RIAA or the company who they contracted with said that, yes, that was the IP they were interested in, since they wouldn't necessarily be aware that a keystroke error had been made? How do you defend yourself against that? You can't say that you never downloaded the file, offering up your computer as proof, since the RIAA will simply say that you deleted the file. You'd have to have forensic analysis done on your drive to show that the file was never there in the first place, and God help you if it looks like you reformatted after the date the file was allegedly downloaded, since the lawyers would then say you probably did it to destroy evidence. In short, you're screwed.



FFH
Premium
join:2002-03-03
Tavistock NJ
kudos:5

said by ISurfTooMuch:

Yes, but define due diligence. Suppose I share an apartment with a roommate, and I pay for the Internet connection. So, what should I do to prevent him or her from downloading? I can certainly password-protect my computer, but what am I supposed to do about theirs? I really can't do anything about it, in fact.

Sure you can. The connection is in your name. If the roommate won't stop pirating material, you disconnect his/her computer and if they won't follow the rules, you turn them in to the RIAA and stop being their roommate.

ISurfTooMuch

join:2007-04-23
Tuscaloosa, AL

That's fine if you know they're doing it, but what if you don't know? I have no reason to believe my wife is pirating music or movies, but I don't check her computer to make sure she isn't. So, unless your roommate tells you what they're doing, how would you know? Remember, there is no requirement that the RIAA, MPAA, or any other organization give you a heads-up before they sue you. At that point, it's a little late to do anything about it.



DataRiker
Premium
join:2002-05-19
00000
reply to FFH

said by FFH:

Sure you can. The connection is in your name.


If that were the case every library, starbucks, and university across the country would have to close their wifi.

Simply providing someone access to the internet is not a crime. If someone drives your car and wrecks it, do you get the ticket? No.


FFH
Premium
join:2002-03-03
Tavistock NJ
kudos:5

said by DataRiker:

said by FFH:

Sure you can. The connection is in your name.


If that were the case every library, starbucks, and university across the country would have to close their wifi.

No they wouldn't. Those you just listed(except maybe a coffee shop) have filters that prevent most infringing activities.


DataRiker
Premium
join:2002-05-19
00000

said by FFH:

No they wouldn't. Those you just listed(except maybe a coffee shop) have filters that prevent most infringing activities.

Not a single one listed has ever blocked me from using Bit torrent.

In fact they are my places of choice to pirate anonymously.