Gnutella/filesharing under attack...notice from Sony to ISPs
 

Grabbed this off an ISP forum. ISP's want to ignore these as_holes, but are definately worried. I expect that many other Nazies, err, whoops, Sony-loving ISPs are actively trying to block filesharing. With some success, I would guess. Can't a particular port be blocked at the ISP level, essentially shutting down the likes of Limewire, etc? Looked at Freenet.com filesharing system (impossible to stop, IMHO), but it's very, very beta.


> Fri, 16 Nov 2001 16:49 +0100
>
> Dear :
>
> We believe your service is hosting the following site(s) on its system.
The site(s) are providing the following sound file(s) having names that
indicate the files contain recordings owned by Sony Music Entertainment Inc.
>
> IP ADDRESS PROTOCOL DATE FOUND FILENAME
> 208.244.56.217 FastTrack 2001-11-16 02:47:59
/8978/Incubus+-+04+-+Just+A+Phase.mp3
>
> All times are denoted in GMT.
>
> We have a good faith belief that the above-described activity is not
authorized by the copyright owner, its agent, or the law. We assert that
the information in this notification is accurate, based upon the data
available to us.
>
> We are asking for your immediate assistance in stopping this unauthorized
activity. Specifically, we request that you remove the site or delete the
infringing sound files or that you disable access to this site or the
infringing files being offered via your system. In addition, please inform
the site operator of the illegality of his or her conduct and confirm with
us, in writing, that this activity has ceased.
>
> You should understand that this letter constitutes notice to you that this
site operator may be liable for the infringing activity occurring on your
server. In addition, under the Digital Millennium Copyright Act, if you
ignore this notice, you and/or your company may be liable for any resulting
infringement. This letter does not constitute a waiver of any right to
recover damages incurred by virtue of any such unauthorized activities, and
such rights as well as claims for other relief are expressly retained.
>
> Very truly yours,
> NetPD

Most ISP's will just 'throttle' you, lower your upload bandwidth. Some will block Gnutella's 6346, but since any servent can change their sharing port that's sort of half-assed. And then there's a few that send nasty-gram letters threatening to yank your connection...

Here's more:

To be honest, I /dev/null all Sony/NetPD messages.
That's about how enforceable they are.

Keith

-----Original Message-----
Sent: Friday, November 16, 2001 2:44 PM
Subject: [Fwd: Re: Fw: Copyright Infringement]




"" wrote:

> I saw a post on this lately.... Someone responed with a filter for
> the
> router; however, I can't find it.... Does anyone have any good ideas
> for
> these hosebags?

I posted the following on 9/25:


Has anyone else received demands to terminate/suspend
customers swapping
files with Aimster/Napster, etc.?

It appears from the notice we received, below, that Sony/NetPD
does not
recognize the sec. 512(a) limitation of liability for
"transitory
communications" in the DMCA. However, I am concerned by the
general
language in 17 USC 5, sec. 512(i) which requires that a
service provider
"reasonably implement a policy of terminating in appropriate
circumstances the accounts of repeat infringers."

Does anyone know how to handle such cases?

There were no definitive replies regarding the legal issues presented,
and I still don't have an opinion regarding the enforceability of such
demands. They are so new, I doubt the issue has been litigated.

I wonder how they know its an actual sound file. Unless they downloaded it from you and listen to it, to ACTUALLY make sure it was that song they have rights to. I could have ****in 100+ big *** text files and I may want to name them popular song names then decide to put mp3 as the extension instead of txt, maybe I'm stupid. I would ask them to show some proof. Or just you could tell them you were "hacked" :x <shrugs>

.