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Author Topic: oT - Court Orders ISP To Identify File-Swappers  (Read 1791 times)

Harry_The_Hipster

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oT - Court Orders ISP To Identify File-Swappers
« on: January 21, 2003, 12:45:13 pm »

http://www.nytimes.com/2003/01/21/business/21WIRES-VERI.html

Bad news. Appears that the long-threatened attempt to pursue consumers is now underway.

Does this remind you of a crazed dog gnawing at his hindquarters?

HTH
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xen-uno

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Re: oT - Court Orders ISP To Identify File-Swapper
« Reply #1 on: January 21, 2003, 12:55:50 pm »

Harry...It insists on a log-in (and I've got enough of those). Could you post the meat of it cause it sounds interesting.

10-27

Harry_The_Hipster

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Re: oT - Court Orders ISP To Identify File-Swapper
« Reply #2 on: January 21, 2003, 01:22:36 pm »

Xeno:

Courtesy of the NY Times:

"Federal Judge Says Verizon Must Reveal Internet Song Swapper
By REUTERS


WASHINGTON, Jan 21 - Recording companies won a victory in their fight against online piracy on Tuesday, when a U.S. court ordered Verizon Communications to turn over the name of a customer suspected of downloading more than 600 songs in one day over the Internet.

The decision could set an important precedent as the recording industry asks schools, businesses and Internet providers to help them track down the online song swappers that they believe are cutting into their sales.

Under a 1998 digital-copyright law, Internet providers have voluntarily shut down Web sites that contain infringing material, but they have balked at requests to disconnect users who trade songs with each other directly using "peer to peer" networks such as Kazaa and Morpheus.

The recording industry sued Verizon last summer after it refused to reveal the name of a customer believed to have downloaded more than 600 songs in one day. Verizon said such a move would violate customer privacy and force Internet service providers to serve as online copyright cops.

Verizon said the law should not require it to block customer use of Kazaa and other networks, but in his opinion U.S. District Court Judge John Bates said the law "applies to all Internet service providers ... not just to those service providers storing information on a system or network at the discretion of a user."

A recording-industry spokesman said the decision validated their position and said illegal song swapping was a serious problem.

"Now that the court has ordered Verizon to live up to its obligation under the law, we look forward to contacting the account holder whose identity we were seeking so we can let them know that what they are doing is illegal," said Cary Sherman, president of the Recording Industry Association of America.

Verizon officials were not immediately available for comment. "


HTH
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zevele10

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Re: oT - Court Orders ISP To Identify File-Swapper
« Reply #3 on: January 21, 2003, 03:48:44 pm »

something funy
runing 2 Hilary softwares at the same time,i saw that Madjewdisaster was uploading from me on one of them.
But Madjewdisaster..it is me!
This is another new way :auto-sharing.........
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KingSparta

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Re: oT - Court Orders ISP To Identify File-Swapper
« Reply #4 on: January 21, 2003, 03:53:36 pm »

Quote
when a U.S. court ordered Verizon Communications to turn over the name of a customer suspected of downloading more than 600 songs in one day over the Internet.


How Did They Know He Downloaded 600 MP3's?
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ama_mmmc

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Re: oT - Court Orders ISP To Identify File-Swapper
« Reply #5 on: January 22, 2003, 03:52:54 am »



>>How Did They Know He Downloaded 600 MP3's?<<

I believe the NYTimes article is worded slightly wrong.  When this started, the RIAA was asking Verizon to produce the user name because they felt this person was "Sharing" 600 files at one time.  I can't find any of the earlier articles, but I typically find these articles on Yahoo, and that is what I remember about this case.  To find out how many files the user would be sharing, would then only take the loading of the software, and a search.  

Drew
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Autoelph

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Re: oT - Court Orders ISP To Identify File-Swapper
« Reply #6 on: January 22, 2003, 04:03:21 am »

Something tells me this one will be litigated for many years to come, with Verizon already calling for an appeal. For now, sit back, relax, and enjoy the legal tug of war, it should be some time before any final decision (if any) ever comes from this.
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Harry_The_Hipster

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Re: oT - Court Orders ISP To Identify File-Swapper
« Reply #7 on: January 22, 2003, 08:24:07 am »

Autoelph:

I agree. probably will be around for a while, unless Verizon buckles. The problem is that even commentators who tilt towards free interchange of files believe that Verizon comes up short under the literal language of the DCMA. That means that the issue (if there is one) is probably some combination of Sony, 'Fair Use' and 1st Amendment issues, and Ruth Bader GInsburg's recent opinion in Eldred has some negative implications for that argument.

Hope I'm wrong, but the body of developing law seems to be heading in an unpromising direction. In the meanwhile, the in terrorem effect of these cases, combined with the economic cost of defending them,  will chase many users out of file-swapping programs., at least in the US.

Many of us would be more philosopical about this if there were concrete indications the majors were willing to carve out fair use for users, a la Sony.

HTH

Listening to: 'Anything Goes' from 'Debut' by 'Martial Solal' on Media Center 9.0
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JimH

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Re: oT - Court Orders ISP To Identify File-Swapper
« Reply #8 on: January 22, 2003, 08:42:31 am »

Then there was Thoreau who wrote in Civil Disobedience that a law must be fair if it is to be obeyed.  

In looking for the exact words, I found these lecture notes:

http://www.sfasu.edu/polisci/Abel/Honors/CivilDisobedience.html

The part on Thoreau and on Martin Luther King is good.
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zevele10

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Re: oT - Court Orders ISP To Identify File-Swapper
« Reply #9 on: January 22, 2003, 09:52:36 am »

chase many users out of file-swapping programs., at least in the US.

as i said many many times.
2 kind of internet
one in the country who pretend to be a democratie but where only corporates make the laws
and the rest of the world.
beside this ,there is a new kind of p2p with a system making impossible to track the user.

You do not know about them because they are places for rare stuff ,concerts ,riped lps.Only in full albums in folders with sleeves ,inert sleeves ,lirycs and so on.

But one day ,people like Kazaa would just do it : put a free anonymous surfing software in they program
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