Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

This is huge, Judge: An IP-Address Doesn’t Identify a Person (or BitTorrent Pirate)

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » General Discussion Donate to DU
 
DainBramaged Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-04-12 10:15 AM
Original message
This is huge, Judge: An IP-Address Doesn’t Identify a Person (or BitTorrent Pirate)
A landmark ruling in one of the many mass-BitTorrent lawsuits in the US has delivered a severe blow to a thus far lucrative business. Among other things, New York Judge Gary Brown explains in great detail why an IP-address is not sufficient evidence to identify copyright infringers. According to the Judge this lack of specific evidence means that many alleged BitTorrent pirates have been wrongfully accused by copyright holders.

Mass-BitTorrent lawsuits have been dragging on for more than two years in the US, involving more than a quarter million alleged downloaders.

The copyright holders who start these cases generally provide nothing more than an IP-address as evidence. They then ask the courts to grant a subpoena, allowing them to ask Internet providers for the personal details of the alleged offenders.

The problem, however, is that the person listed as the account holder is often not the person who downloaded the infringing material. Or put differently; an IP-address is not a person.

http://torrentfreak.com/judge-an-ip-address-doesnt-iden...
Printer Friendly | Permalink |  | Top
KoKo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-04-12 12:38 PM
Response to Original message
1. This is a great read and good news....
in that could this have some fallout? Like people wrongfully accused of some suspected activity (criminal or terrorism related) and it turns out that IP Address is the only evidence? I wonder if anyone has been tried on that one bit of evidence and is now in jail?

Thx for article...

Printer Friendly | Permalink |  | Top
 
DainBramaged Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-04-12 01:42 PM
Response to Reply #1
2. here is going to be blowback on this, because other judges may wake the fuck up now
amazing it took THIS FUCKING LONG or a judge to figure this out.
Printer Friendly | Permalink |  | Top
 
KoKo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-04-12 03:50 PM
Response to Reply #2
3. For those of us who aren't techie....though..
I thought your IP-Address was your total identifier and that was the concern with privacy tracking. Maybe many of the judges aren't that savvy themselves. Having clerks ...whatever to do their computer stuff.

Even the Admins here apparently track down IP Addresses to check out trolls. So, I guess as the article says, now that there are so many open wireless connections and so many other gadgets besides home computers or laptops...almost anyone could have access.

I wondered how this will affect their doing terrorist tracking. What if they have the wrong person and they get sent to solitary without much access to a defense...given the new clampdowns.

I hope this does have blowback.
Printer Friendly | Permalink |  | Top
 
DainBramaged Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-04-12 05:54 PM
Response to Reply #3
5. I have SEVEN active computers on my network
which one did the illegal download?
Printer Friendly | Permalink |  | Top
 
KoKo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-04-12 05:04 PM
Response to Original message
4. Kick for the four of us here to read....and the Weekend Lurkers!
:kick:
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Fri Aug 22nd 2014, 06:00 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » General Discussion Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC