[ale] OT: Is this for real? Fwd: Notice of Claim of Copyright Infringement.

[Michael H. Warfield]

On Thu, 2012-06-07 at 12:27 -0400, Katherine Villyard wrote:
> On Thu, Jun 7, 2012 at 12:25 PM, Jeremy Bicha <jbicha at ubuntu.com> wrote:
> > On 7 June 2012 02:13, Ron Frazier (ALE)
> > <atllinuxenthinfo at techstarship.com> wrote:
> >> Make sure your wifi is secured with a beefy WPA password and that no
> >> one unauthorized can download, like your neighbors. Maybe even change the
> >> password. Make sure your router control panel is protected by a password and
> >> that remote administration is off.
> >
> > Actually, wouldn't it be better not to lockdown your WiFi network so
> > that there is plausible deniability? I say that regardless of whether
> > you download potentially infringing media or not.

> No, you're responsible for what happens on your network.
> Katherine

Actually, there's been mixed rulings on that, mostly on the side that
you are not.  At least one US judge recently handed the plaintiffs their
heads telling them that an IP address is not a unique identifier and
could not be associated with a particular defendant.  Europe has gone
both ways in saying IP addresses were protectable personal information
and subject to their privacy shields AND upholding that individuals
could not be culpable based solely up IP address identification but
there are plenty of counter examples in courts all around the world.

However, it all can get really REALLY ugly if it gets that far.  There
have been successful instances of that defense strategy in criminal
cases (kiddie porn) and there have been distinct failures.  The real
issue there, however, is the fact that you have to defend yourself and
ELOs know the defense and are generally prepared for the defense.  Also,
in this case, with complaints like this you're caught up in the guilty
until proven innocent situation.  I think earlier proposals for the
"three strikes" rules didn't even allow you to contest the earlier
strikes and you could only contest AFTER getting cut off.

There have also been cases where people have been busted using open
wireless networks and successfully prosecuted but the owners of the
networks were not implicated or held responsible at all.  I think that's
how they busted a member of Anonymous just a few months back (well, he
also posted a busty picture of his girlfriend and didn't strip the GPS
coord from the phone camera image).  He was using a neighbors WiFi to
participate and thought he would be safe.

There's points you can argue on both sides of that but, if you get
caught up in it, you lose either way just because you have to defend
yourself.  Best to avoid all together.  Being an attractive nuisance
attracts nuisances and unwanted attention, whether you are "responsible"
or not.

Regards,
Mike

> "Sometimes you wake up. Sometimes the fall kills you. And sometimes,
> when you fall, you fly."
> -- Neil Gaiman
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-- 
Michael H. Warfield (AI4NB) | (770) 985-6132 |  mhw at WittsEnd.com
   /\/\|=mhw=|\/\/          | (678) 463-0932 |  http://www.wittsend.com/mhw/
   NIC whois: MHW9          | An optimist believes we live in the best of all
 PGP Key: 0x674627FF        | possible worlds.  A pessimist is sure of it!
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