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1.It would be hard to get connected long enough to any individual node for long enough time to get enough Query Hit messages.
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You don't have to be connected to the individual directly, your querihits are broadcast to the network. That node only has to be somewhere in the neighborhood, not directly connected to you.
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To get effective they would have to set up an Ultrapeer and use a specialized client.If I would see an unknown strange vendor as one of my Ultrapeers under my connections tab I would instantly disconnect and reconnect to a different Ultrapeer.
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The vendor string transmitted in the connection handshake is easily changeable. It might claim to be a LimeWire host but it doesn't have to be.
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But it is also possible for the LimeWire developers to deny connections to hostile nodes for a future updated LimeWire version.I think that Bearshare have already done this in their new 4.X version.So lets hope that the LimeWire team are working on this.
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Bearshare is closed source. Security features like those Bearshare implemented are not an option for open-source software, since the security feature is always described in the source code. As far as I am informed, the LimeWire developers don't plan to go closed source again.
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2.Evidence value
The evidence value of Query Hit messages is not very high it is actually quite low.
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When your host is browsed, you submit a number of queryhits, without any guarantee that the files are downloadable.
And legally it doesn't matter whether or not those files were downloadable, since your ISP usually can shut you down (according to the standard terms of use), even if you only pretended to be sharing files. But in front of the law, query hits are probably evidence enough. Not to mention that the RIAA spy node could arbitrarily download a few files for further proof, - WITHOUT ever browsing your host.
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But in court I could always claim that I am a cheater or a Freeloader.That I take but do not give.I would tell the judge and the jury that In my Gnutella client LimeWire that I use there is an option to set the upload bandwidth and the number of upload slots to 0.So when someone tryes to download from me the download would stay at 0kB/sec and they would never get any files from me.So why do I have files in my Shared directory then?.
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If you simply admitted the crime you could probably hope for lesser punishment. The RIAA could have some nasty surprises for you, if they downloaded files from your computer.
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That is because I am aware of that many people on the Gnutella network has adopted an anti Freeloader policy.In LimeWire you could set the numbers of files that someone have to have in their shared directory before before they can download from you.
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Like most LimeWire users you are not very well informed about LimeWire's anti-freeloader feature. All that is currently working is keeping Browsers from downloading from you. Any other client can download from you without sharing. Freeloader blocking only works for gnutella connections, not for uploads.