RIAA will drop suit if you

mzkhadir

Diamond Member
Mar 6, 2003
9,509
1
76
RIAA Will Drop Cases If You Point Out That An IP Address Isn't A Person

from the and-so-it-goes dept

For years, the RIAA has claimed that having the IP address of a computer that has shared unauthorized files is the equivalent of having the evidence of who was actually sharing files. That, of course, is false. The IP address simply can help you know who paid for the internet access, but not who was using what computer on a network. In fact, this even had some people suggesting that, if you want to win a lawsuit from the RIAA, you're best off opening up your WiFi network to neighbors. It seems like this strategy might actually be working. Earlier this month the inability to prove who actually did the file sharing caused the RIAA to drop a case in Oklahoma and now it looks like the same defense has worked in a California case as well. In both cases, though, as soon as the RIAA realized the person was using this defense, they dropped the case, rather than lose it and set a precedent showing they really don't have the unequivocal evidence they claim they do. The RIAA certainly has the legal right to go after people, even if it simply ends up pissing off their best fans and driving people to spend their money on other forms of entertainment -- but, if they want to do so, they should at least have legitimate evidence. It's good to see that some are finally pointing out how flimsy the evidence really is.

http://techdirt.com/articles/20060727/1131227.shtml
 

postmortemIA

Diamond Member
Jul 11, 2006
7,721
40
91
I'm afraid of the reverse consequences of having open network: I, first would rather use somebody's else network for P2P related activites. Hence my WiFi is as locked as it could be.
 

RichardE

Banned
Dec 31, 2005
10,246
2
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Originally posted by: postmortemIA
I'm afraid of the reverse consequences of having open network: I, first would rather use somebody's else network for P2P related activites. Hence my WiFi is as locked as it could be.

Unlock as soon as you get the letter FTW?
 

MangoTBG

Diamond Member
Apr 28, 2003
3,101
0
76
You dont need to unlock your wifi. If they get your IP, that's just it. They have your IP. They don't know if it's one computer or a router with dozens of computers. That's the point.
 

HermDogg

Golden Member
Jul 29, 2004
1,384
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I always thought that this was an interesting defense, but I thought the position was that since it's your name on the account and your account doing it, you are liable (at least that's what the RIAA was arguing).
 

JackBurton

Lifer
Jul 18, 2000
15,993
14
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Like I said in another thread, I'm surprised people haven't used the wifi defense before. It should be an open and shut case with that defense. Especially since the RIAA has a history of suing the wrong people.
 

PokerGuy

Lifer
Jul 2, 2005
13,650
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The problem is generally not that you can't win the case -- it's pretty easy to mount a defense and win the case because they have very flimsy "evidence" in these cases. The problem is that it can be VERY expensive to pay for legal defense in such a case. Most people don't have $10,000 laying around to pay legal fees. In some cases the court will (once you win the case) make the plaintiff pay for your fees as well, but not always.

That's what those RIAA bastards are counting on, that they can manipulate the legal system and coerce people into settling charges based on junk evidence.
 

Wag

Diamond Member
Jul 21, 2000
8,288
8
81
I think also the problem these days is that the cable ISPs are setting up so many people with open WiFi networks it's not worth the bother trying to figure out who's doing what.

Ultimately I guess the fault comes down on the Cable ISPs techs for configuring people's networks as open, and that's probably impossible to prove as well.

What a mess.
 

HomeAppraiser

Platinum Member
Aug 17, 2005
2,562
1
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When I shut my Qwest DSL off for an hour or so, I have a different IP address when I turn it back on!

So it changes with every blackout or vacation.
 

GeekDrew

Diamond Member
Jun 7, 2000
9,099
19
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Originally posted by: HomeAppraiser
When I shut my Qwest DSL off for an hour or so, I have a different IP address when I turn it back on!

So it changes with every blackout or vacation.

What is your point?
 

EarthwormJim

Diamond Member
Oct 15, 2003
3,239
0
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Originally posted by: HomeAppraiser
When I shut my Qwest DSL off for an hour or so, I have a different IP address when I turn it back on!

So it changes with every blackout or vacation.

If they have time and dates though, they can probably find out who had such and such IP address from your ISP.
 

HomeAppraiser

Platinum Member
Aug 17, 2005
2,562
1
0
Originally posted by: EarthwormJim
Originally posted by: HomeAppraiser
When I shut my Qwest DSL off for an hour or so, I have a different IP address when I turn it back on!

So it changes with every blackout or vacation.

If they have time and dates though, they can probably find out who had such and such IP address from your ISP.


Damn, ah neighbor?s kid hacked my wifi. Yea, that?s the ticket.
 

Thorny

Golden Member
May 8, 2005
1,122
0
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It's been awhile since my cisco classes, but wouldn't there be a mac address associated with the IP?
 

AreaCode707

Lifer
Sep 21, 2001
18,447
133
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Originally posted by: Amused
Why not just stop stealing music?

Not a popular view, but the right one. My dad was a musician; I've never been able to bring myself to download music.
 

shortylickens

No Lifer
Jul 15, 2003
80,287
17,081
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Originally posted by: Amused
Why not just stop stealing music?
THATS the problem.

People who arent downloading are getting nailed. And people who are downloading are too sneaky.

You dont need to post that here. You need to make a DIVX with the title "Paris Sex Tape" and put in a video with floating text.
Maybe something along the lines of:
"Its wrong to pirate."