Re: Mac address & hostname automatic randomizer freeware for Windows|
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Posted by jhailey@hotmail.co on December 23, 2008, 3:27 am
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> Which cases? On what basis? John, never doubt what I say as I can ALWAYS back up every word! http://government.zdnet.com/?p=3308 "In November 2004, the Recording Industry Association of America sued Deborah Foster for copyright infringement, claiming her IP address was connected to illegal downloading. It expanded the suit to include her adult daughter Amanda and won a default judgement against Amanda. But the RIAA kept going after Debbie, trying to nail her for secondary copyright infringement. In July 2006, a federal judge threw out the charges against Foster, dismissing the case with prejudice and making Foster eligible to win attorney¡¦s fees." More references: http://www.theregister.co.uk/2007/07/17/riaa_pays_legal_fees/ "On July 13, 2006 the Oklahoma court ordered the RIAA's claims against Foster be dismissed with prejudice and ruled she was eligible to be awarded attorneys fees. The court was skeptical that "an internet-illiterate parent, who does not know Kazaa from a kazoo" could be liable for copyright infringement committed by someone else using her internet account." >>The RIAA, for example, must identify the person who performed the P2P act -
>>not the owner of the account when the act occurred! >
> Citation? http://www.cdfreaks.com/news/10899-Court-forces-RIAA-to-dismiss-case-against-mother--child.html "In a court case where the RIAA tried suing the mother of a 13 year old when her daughter shared music over a file-sharing network, the court forced the RIAA to dismiss the case. ... The case was dismissed with prejudice, which prevents the case from being advanced against the defendant." >
>>Changing the MAC address and router hostname helps obfuscate exactly which
>>PC or exactly which router or exactly which cellphone or exactly which iPod >>connected at the time the offence supposedly occurred. >
http://arstechnica.com/news.ars/post/20080226-appeals-court-attorneys-fees-ruling-could-impact-p2p-suits.html > I don't think it makes a material difference. "If the Seventh Circuit interpretation of the Copyright Act becomes the law of the land, the RIAA will face an increased risk of having to pay attorneys' fees in cases where it targets the wrong person¡Xeven if the person(s) responsible for the P2P activity live in the same household." | ||||||||||
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Posted by John Navas on December 23, 2008, 11:01 am
Please log in for more thread options >On Mon, 22 Dec 2008 19:12:42 -0800, John Navas wrote:
> >>>You say the person who pays the ISP bill can be identified (and I agree).
>>>But, for a P2P civil court case to be successful, it is not enough to >>>identify the person who pays the ISP bill (these cases have been thrown out >>>of court). >>
>> Which cases? On what basis? >
>John, never doubt what I say as I can ALWAYS back up every word! >[BIG SNIP] Only one case backed up your claim that "these cases have been thrown out of court" -- the Foster case was litigated at great expense -- and the dismissed case not only involved substantial risk and expense, it was dismissed on grounds that wouldn't apply to adults, and in a lower court that's not precedent for other courts. As things now stand, you can get sued, and will probably have to pay your own costs even if you don't lose. I'd say it's a bad bet. YMMV. -- Best regards, FAQ for Wireless Internet: <http://wireless.navas.us>
John FAQ for Wi-Fi: <http://wireless.navas.us/wiki/Wi-Fi> Wi-Fi How To: <http://wireless.navas.us/wiki/Wi-Fi_HowTo> Fixes to Wi-Fi Problems: <http://wireless.navas.us/wiki/Wi-Fi_Fixes> | ||||||||||
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>>But, for a P2P civil court case to be successful, it is not enough to
>>identify the person who pays the ISP bill (these cases have been thrown out
>>of court).