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newster

join:2011-09-26

1 recommendation

reply to brianiscool

Re: ISP Monitoring

There are hacked versions of utorrent around that have the hardcoded uploading function disabled. While these clients might not technically violate the DMCA's prohibition on "distribution" and are thus legal, the cost of going to court to prove this can conceivably be exponentially higher than the $3000 demanded extortion ... uh, I mean settlement.

There's still a lot of unknowns remaining, since no Bittorrent lawsuits have ever gone to trial (perhaps by design) despite the tens of thousands of lawsuits or threatened lawsuits.

Regarding the DMCA's statutory minimum penalty of $750, it's not even been legally defined what specifically constitutes an instance of copyright infringement when a file is broken up into hundreds of pieces and only one or two might have been uploaded to the monitoring party.