Major blow for P2P file sharing

[Martok]

In a long-awaited decision that could have stark repercussions for P2P networks, the United States Supreme Court on Monday gave record labels and movie studios a green light to sue file-sharing services such as Grokster and Morpheus, which maintained they were not responsible for the actions of their users.

The Court rejected arguments saying such lawsuits could quell the spread and growth of new digital video and audio devices, instead siding with companies holding the rights to copyrighted work.

"We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by the clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties," Justice David H. Souter wrote in the majority opinion.

The ruling means that the case against Grokster is sent back to the lower court, which had previously ruled that file sharing companies could not be held liable for copyright infringement. According to the Supreme Court, there is enough evidence for the case to go to trial.

Grokster and StreamCast Networks were relying on the Supreme Court's 1984 Betamax ruling that stated Sony could not be sued over customers using VCRs to record copyrighted content illegally. Justice Souter said there was a key difference in the way file sharing companies marketed their products and whether they took steps to reduce infringement.

[smilingjack]

And to think that just a few years ago Sony was being sued over copyright infringment by THEIR VCR'S BEING USED TO COPY and now it is THEM THAT IS SUING OTHER PEOPLE ABOUT COPYING THEIR STUFF.

We should have made and used a dozen more NUKES !!!

First the Japs Bomb us and when they lose the war they started the sue us and get money to start companies like SONY

THEN SONY makes devices that make it possible to infringe on copyrights
THEN SONY gos to our courts and have it made LEGAL to copy copyrighted material
THEN SONY uses that money to BUY THE COPYRIGHTS
THEN SONY GO"s BACK TO OUR COURTS AND HAVE THE FIRST RULING REVERSED
SO THEY CAN MAKE JAPAN MORE MONEY OFF THE COPYRIGHTS.

We need to declare war on JAPAN with a sneak attack on the SUPREME COURT.

[smilingjack]

Sorry martok but I think this belongs in the legal threads.
It is a legal sattement / discussion after all.

[Martok]

Goooozzeee Ffrraaaabbaaaa SJ

[smilingjack]

NO problem that torrent stuff is just mili's new toy, he would not like the kids discouraged by bad news like that. I don't use them myself, I like DVD quality video.

[Martok]

Well I think that important news like this should be put before anyone's personal feelings, especially when it could jeopardize file sharing and security for the millions of people who do live where you can be prosecuted by North American authorities for these types of illegal activities.

[smilingjack]

You raise a valid point.
Feel free to get mili's opinion.
Possibly he wll make it a general announcment.

As for now it is in the legal issues forum, where all discussions of the illegal nature of this hobby are discussed. Does anyone here believe we are allowed to do what we (don't) do ?

I don't think anyone will bother to read any of them, no matter where they are, in fact many forums do not want these things at all. I have gotten hell just for posting them some places. HB's place for one.

The "I got a letter" post is itself marginal to stay there.

Thank you for thinking of the safety and well being of the members, Sj

[mili]

Thank God the US of A does not rule the world (yet) and any decision by the Supreme Court of the USA means nothing in Hong Kong. Free country eh? It is funny.

mili

[Martok]

Well, Hong Kong may be safe, but if a remote system decides to start "packeteering" (as it's rapidly being named) your system, and rebroadcasting the results back to MPAA or others. Your users could take the fall. I would urge people to use Protowall or another packet filtering software.

[mili]

Of course if there is anything end users can use to protect them they should be. Since you have ideas post them in a separate thread how end users can protect themselves.

mili

[Mark]

Unfortunately, Canadian courts have now too started a bill to stop d/'ing stuff. It would take until next spring to take effect, so Canadians enjoy it while it lasts for us (legally)! :D

[Martok]

Are you kidding? Martin's liberals won't last that long..

[normsbro]

i think the bill is to stop canadian's from sharing the copyrighted material they have, you can still download all you want?????

[Martok]

Of course if there is anything end users can use to protect them they should be. Since you have ideas post them in a separate thread how end users can protect themselves.

mili

Love to help out, but most will never listen.

It's kinda like having sex with a stranger without a condom. eventually it will catch up to you.

Just do a google search for protowall, it takes very little away from your surfing experience and you will be suprised by the results.

Martok

[Mark]

there's also some plugins to block bad ips for azureus users

[Martok]

I use Blocklist manager. It can be found on the protowall website.

It will go to numerous sites, collect their bad ip ranges and converg them. also if you disagree with their block list you can edit it and then export the list.

[smilingjack]

Here is an interesting post I found at I-D today

question
Originally Posted by
I've received an email notifying me on a similar so-called "copyright infrigement" issue... from my ISP... not sure if it's real or a threat for detterence... they said..."in no time we have disclosed your personal info to BSA"...WTF... if real can they actually do that now??? (w/o notifying me first and get both side of the story)? i mean the files i was so-called sharing could possibly be some bogus files... and how the hell am i suppose to know that it was unlicensed or whatever that was??? for ISP sending my "personal info" w/o making everything clear and protecting customer's privacy??? i mean ANYONE could set traps like that for (sharing while downloading) downloaders... and for ISP giving up my personal info like that is a totally BS "passing the buck"... just to make my privileges and rights clear...what are the laws like in Canada now? thx for answering
Answer
You would only get this e-mail from your ISP (usually Sympatico in Canada) if you actually had in your shared folder or were currently seeding/sharing some file that was infringing on some party's copyrights. Companies like BayTSP do not go after guys like us because we're sharing bogus files. In my case, they knew I was sharing a movie because my IP address was in the tracker file they had access to. It's all public info, right? They just have to join the swarm themselves and ask my client for a chunk of the movie. All it takes is one chunk to pass the hash test (MD5 for BitTorrent) and they know with almost 100% certainty that I'm either sharing the file they're tracking, or just in the middle of downloading it.

The best thing to do is remove the offending file from your computer (burn it if you really want to keep it). If it was BayTSP that sent a notice to your ISP, then click on their "yes, I'm a pirate" link and fill in their "plea" box with one of the stories I posted above. Make sure to indicate that you've zapped the file, and that's the end of that.

To get these guys off your back, get a filter list from h**p://www.openmedia.info/ and either use it with your P2P software, or with a 3rd party IP blocker tool.

As far as our rights are concerned:

h**p://www.ctv.ca/servlet/ArticleNews/story/CTVNews/1118271756635_30/?hub=CTVNewsAt11
h**p://yro.slashdot.org/article.pl?sid=05/05/01/2038233&tid=95&tid=17
h**p://yro.slashdot.org/article.pl?sid=05/04/22/135202&tid=158&tid=95&tid=141&tid=123
h**p://yro.slashdot.org/article.pl?sid=05/04/08/1523255&tid=123&tid=141&tid=219

[Mark]

RIAA Eyes Growing Sophistication of Piracy

July 13, 2005
Thomas Mennecke

There was a time when things were simple. Automotive engines and drive trains were laid out so simply that just about anyone could tear apart and rebuild a straight six engine. With today’s multiport fuel injection, variable timing, dual overhead cam, computer controlled engines, one needs a four year degree just to grasp the basics in automotive repair.

As technology progresses forward and life becomes more sophisticated, piracy is also getting caught up in the pace. As many are already aware, the means in which digital piracy is facilitated has made a quantum leap compared to only six years ago. Physical piracy has also benefited from technological progress.

Today, the RIAA (Recording Industry Association of America) has released their 2005 “Annual Commercial Piracy Report.) The RIAA notes the level of sophistication has increased dramatically over the last year. No longer a mom and pop business, physical CD piracy has become a multibillion dollar industry.

According to the RIAA’s report, the boom in CD piracy is contributable to a multitude of factors. Over the last year, the level of organization of physical music piracy has grown dramatically. In the past, physical music piracy was controlled on the individual level. Today, much of it is hierarchal in nature, controlled by what the RIAA calls “criminal syndicates.”

“CD-R reproduction in the eastern half of the United States is now dominated by organized criminal syndicates intent on monopolizing the illicit market share by operating on high volume and very low profit margins. As a result, the price of pirated CD-Rs on both the wholesale and retail level has dramatically declined.”

In addition, the quality of pirated CDs has also improved significantly. Only a few years ago, the best one could hope for was a color photocopy of the original CD and jewel case artwork glued to the pirated CD. Technology has changed that.

Today, with high resolution commercial scanners and color printers, it is often difficult to discern the genuine article from pirated copies. In response, the RIAA has increased the number of raids against pirate CD copying plants and is committed to pursing those responsible.

“The practice and trade of music piracy have become more sophisticated, cunning and connected to organized crime,” said Brad Buckles, Executive Vice President of Anti-Piracy. “Working with law enforcement officials across the country, we continue to develop and implement multifaceted strategies to respond to these emerging threats to artists, songwriters, record labels and others in the music community.”

As CD burners and media bottom out in price - and the RIAA’s commitment intensifies- expect another record year in pirate CD seizures. The RIAA assisted local law enforcement capture 1.2 million pirated CDs in 2004, a 58% increase from 2003.

While it appears the physical piracy may have the upper hand, the RIAA notes there was a tremendous amount of progress made in their efforts to eliminate pirate CD street sales.

source: http://www.slyck.com/ (for the latest p2p news go here)