Post #110,709
7/21/03 2:12:21 PM
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Downloading Question
let's say someone is sharing the mp3 files of whatever the big hit album of the moment is across some p2p network
the RIAA discovers this fact and goes after the person
how do they know that the file shared is one that violates their copyright
do they download it themselves
do they just go by the filename
how
A
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Post #110,711
7/21/03 2:28:13 PM
7/21/03 2:28:55 PM
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Good question
I would think, that with the way a lot of P2P shared files are mislabeled, that they would have to download the file, or have someone download a file and play it to see if it has the content which is in violation of copyright, etc. I think they just target people sharing audio files, get a sample of a few of those audio files, and then sick the lawyers on them.
Some people are considering using Freenet, as a way to distribute MP3 files and be more anonymous than P2P file sharing. [link|http://freenet.sourceforge.net/|http://freenet.sourceforge.net/] [link|http://www.freenetproject.org/|http://www.freenetproject.org/] But I got a feeling the RIAA and others will try and shut that down too.
Then again people share MP3 files on IRC as well. Not to mention web sites.
So it is a lot more than just P2P file sharing, but P2P file sharing seems to be the most popular, so they are hitting it hard. Getting the ISPs to reveal who had the IP address the sharer was using at the time, and filing a lawsuit against them.
Edit: Freenet link typo
Edited by orion
July 21, 2003, 02:28:55 PM EDT
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Post #110,712
7/21/03 2:33:06 PM
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They go by the filename
Moreover, they will have automated scripts sending subpoena's to the ISPs. The burden of proof is on the ISP and user. The ISPs tried to fight that but lost.
Or so I understand from a discussion with an EFF lawyer a while ago.
Cheers,
Ben
"good ideas and bad code build communities, the other three combinations do not"
- [link|http://archives.real-time.com/pipermail/cocoon-devel/2000-October/003023.html|Stefano Mazzocchi]
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Post #110,715
7/21/03 2:40:32 PM
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But what if the filename is mislabeled
For example, it says Metalica on it, but it is really a local band somewhere which tries to sound like Metalica in tribute? How could the script tell the difference? Or what if someone mislabeled it, and put Metalica on it to trade it to someone, but it is really 5 minutes of silience (A Cuckoo's Egg) or some other noise?
I can see the reverse lawsuits happening if someone wanted to be sued, and put popular band names on their silly MP3 files which are really nonsense sound files, and then proving in court that they do not actually have the songs in them, but silly sounds. They would want to be sued so they could counter-sue and make some money.
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Post #110,716
7/21/03 2:57:34 PM
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The law was bought and paid for by the RIAA
Strangely enough, a provision for reverse lawsuits didn't seem to be included...
Of course you can always sue over anything. I don't know what the odds of success are. I'm sure, though, that the RIAA has an informed opinion, and will try to push as hard as they can without creating a real mess for themselves.
Cheers,
Ben
"good ideas and bad code build communities, the other three combinations do not"
- [link|http://archives.real-time.com/pipermail/cocoon-devel/2000-October/003023.html|Stefano Mazzocchi]
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Post #110,723
7/21/03 3:40:09 PM
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They may have pushed too far
enter the website:
[link|http://www.boycott-riaa.com/|http://www.boycott-riaa.com/]
The Copyright Cage article:
[link|http://www.boycott-riaa.com/article/7191|http://www.boycott-riaa.com/article/7191]
How far is too far? They helped to create the law, bought off politicians to help pass it, and are now cracking down to make examples of the little people.
Just another example of how the people are powerless and the big corps are in control of our laws.
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Post #110,734
7/21/03 4:44:55 PM
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One would hope...
"good ideas and bad code build communities, the other three combinations do not"
- [link|http://archives.real-time.com/pipermail/cocoon-devel/2000-October/003023.html|Stefano Mazzocchi]
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Post #110,714
7/21/03 2:34:13 PM
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Just a guess.
They act like any other P2P user and download some number of files (i.e. their threshold for selecting victim) and play them. Presumably mp3 content, other then audio, will give them a clue as to what the audio is supposed to be.
They could also use some spectral analysis on the audio to develop a signature to match against a reference set of such signatures of known copyrighted pieces. This would automate the testing and might be followed by validation by a life listener before legal action.
As I said, just a guess on my part.
Alex
A government which robs Peter to pay Paul can always depend on the support of Paul. -- George Bernard Shaw
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