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-   -   Copyright Prosecution (https://www.gnutellaforums.com/open-discussion-topics/59578-copyright-prosecution.html)

oohsuitusir August 5th, 2006 10:35 AM

Copyright Prosecution
 
I'll admit to being a muppet regarding P2P. I live in a small village in Leicester UK. A parent here was visited by the performing rights people because his daughters had downloaded thousands of songs.
They threatened to prosecute but settled out of court for £2000 ($4000).:eek: :eek: :eek:

How did they get his address and how did they know his daughters had downloaded the files??:confused: :confused:

Are Limewire legally bound to allow access to their records or is this something that is easily found out by anybody who knows their way around the Limewire system??

I tried searching the forum but couldn't find a thread that covered this

foolofthehill August 5th, 2006 10:44 AM

Limewire is not the place somebody would get information about people downloading files. It is the ISPs (Internet Service Provider) that could release information and data regarding people downloading and sharing files protected by copyright laws.
I have no idea about the respective laws in the UK, but for me it seems the girl was caught due to sharing thousands of files and the circumstance that there are people around that try to find those who share masses of files to make an example out of them and scare others away from file sharing.
You can read here to get a clearer picture:
http://www.eff.org/IP/P2P/RIAAatTWO_FINAL.pdf
http://i64.photobucket.com/albums/h1.../Smilywais.gif

oohsuitusir August 5th, 2006 02:33 PM

Many thanks for that speedy and interesting reply.

Its a wonder that someone hasn't come up with a way of downloading via a third party that doesn't involve your isp address address

Russkie177 August 6th, 2006 07:16 PM

I do it rarely. My library is only 120 strong. I try to keep it below 150...I like music, but i don't steal, and I don't sell it.

bucho August 7th, 2006 11:20 PM

The only way the RIAA can get you is if they do a search for one of "their" songs (just like you do) and find you as a source for downloading.

They then browse your computer to see what all you have to offer. If you are making a lot of copyrighted material available for others to download, you may wind up getting a certified letter in the mail.

Allowing the files to be downloaded from your computer by others is not unlawful. You are not obligated to protect "their" songs from other people. However, if you have a large number of "their" songs on your computer, they may feel confident that they can convince a judge that you did not buy all of them and put them on your computer, but instead, downloaded (copied) them illegally.

They can't get you for downloading files from their own source computer, because they would be knowingly making those files available over a P2P network.

ZombieGak August 10th, 2006 10:37 AM

Quote:

Originally Posted by bucho
They can't get you for downloading files from their own source computer, because they would be knowingly making those files available over a P2P network.

I've wondered if they can trace people not just by doing searches and getting an uploader's IP but through setting up their own ultrapeers and monitoring traffic that way. Since we can browse these ultrapeers, I wonder if we should not trust any that don't have any music files of their own and remove them from the list?

scubabry August 12th, 2006 09:13 AM

Couldn’t all this be fixed if ISPs and P2P networks didn’t keep records of their clients as to how many songs they download, share, and what not? I think with all the record-keeping its almost borderline privacy issues. Being the b*tch I am I would sue back and not settle. Than again I don’t share music. I only download once in a while for DJ’n and what not.

Hyper-kun August 12th, 2006 10:00 AM

This "They will get you FUD" is utter nonsense. It doesn't even matter whether you're talking about file-sharing or real crimes. Either stop spreading such nonsense or show us your RIAA paycheck. Either use Gnutella or don't but don't scare people away. Planet earth (the funny blue sphere you're living on) is a bit larger than the USA.

fulgar August 12th, 2006 06:51 PM

legal action, and what they look for
 
In all honesty, should you share any copyrighted material that you don't have the rights to share they can bust you for it. Simply put, don't share copyrighted material, and keep your numbers low. I share about 50 songs, all of them are my own compositions, as well as a couple of short stories and poetry, so I have no fear. Plus I download stuff that I have on cassette tape or cd when I don't want to take the time to burn it to my computer. You just have to be careful and not be greedy. On a side note, record sales have not dropped since filesharing occurred...go figure?!? Anyway that's my two cents... BTWRight now there is a lawsuit against limewire(according to yahoo news.)

Fulgar.

Eliana August 13th, 2006 04:01 AM

Quote:

Originally Posted by bucho
Allowing the files to be downloaded from your computer by others is not unlawful. You are not obligated to protect "their" songs from other people.

Can you explain this? Can anyone else verify it? If it's "legal" to share CDs I've bought then I'm home free. :)

Eliana

ukbobboy01 August 13th, 2006 07:16 AM

British Phonographic Industry
 
There seem to be a lot of excessive paranoia on this thread that, in all probability, requires some simplification.

The first thing to mention that it is the BPI (British Phonographic Industry) that go after British people that break copyright rules using P2P apps, the RIAA has no jurisdiction here.

Although some software claims to hide your IP address most of those have turned out to be smoke and mirrors, your IP address is always noted by the sites you surf and recorded by your ISP, i.e. time, duration, sites visited, data downloaded, uploaded, etc.

It has now passed into European law that your ISP must record and hold information, about your online activities, e.g. emails, IP address, surfing, from anywhere between 6 months to 2 years. I believe this law is something similar to the US's Patriot Act, at least the reasons for passing it were the same, i.e. fighting terrorism.

The BPI's policy in going after copyright infringers are slightly different to that of the RIAA, it's sister organisation, and can be readily read on it's website:

http://www.bpi.co.uk/index.asp

Still, it seems that lately the BPI have become more "gung-ho".

http://www.bpi.co.uk/pdf/Illegal_Fil..._Factsheet.pdf

The world of P2P is changing and it seems that the RIAA/BPI and their related organisations are determine to destroy it or change it forever. So it is incumbent on P2P users to change or modify their behaviour before being forced to.



UK Bob

steffi August 13th, 2006 07:47 AM

Are you any safer with a dynamic IP address?

ukbobboy01 August 13th, 2006 08:20 AM

No, because the ISP records who has the IP, the date, the duration and anything else the governmant wants. So you are no safer with a dynamic IP than you are with a static.


UK Bob

fulgar August 14th, 2006 07:38 PM

paranoia?!?
 
Realistically, the only people they care about are the ones that are doing the sharing, not the downloading. In terms of prosecution that is. Set directories shared(which is not hard) to dummy directories filled with mindless text files or something. And remember to keep it small, and simple, I'm on places like limewire once in a blue moon looking for very specific stuff, some of which can't be found elsewhere, such as personal dance remixes of stuff that only exist beacuse joe nobody in kansas did it and is sharing it for free. My music is shared for free when I'm connected.

Fulgar.

Sombeech August 14th, 2006 10:15 PM

Interesting thread...

I've got my DSL modem going into a 12 port switch. I've heard that if you do this, your ISP can only see as far as the switch, and can't get to your PC. Is this true?

Whether that is true or not, should I be worried about my ISP monitoring the files that I download? Do ISP's turn people in, or are they generally not interested in this kind of stuff?

steffi August 14th, 2006 10:38 PM

I must admit from some of your comments that I'm beginning to find this sharing business a bit scary! I'd like to do it, because after all it's what LW's about, but preferrably without the MIB coming after me. Is there an optimum number of files you can safely share and are they really only interested in the big users?

Sleepless August 15th, 2006 05:53 AM

UK Bobby's post contained links regarding people in the UK.

http://www.gnutellaforums.com/showpo...7&postcount=13

I would guess staying under 5-600 but maybe even as low as 200. It all depends what kind of files you're sharing. (Size and popularity)

Also don't run Limewire all the time

ukbobboy01 August 15th, 2006 08:36 AM

Sombeech

It does not matter whether your ISP can see your PC or not, what you have to remember is that everything you download, upload or surf comes and goes via your ISP and they can and do record this info.

In the UK, and I guess the rest of Europe, ISPs are forced to keep these records by law and I believe the Patriot Act forces US ISPs to do the same thing (perhaps a US forum member can clarify this).



UK Bob

tobiasthing August 16th, 2006 08:44 PM

Does Anyone know which entity polices copyright infringement re: Gnutella_Limewire in Australia, and how rabid are they ?

thanks, tobiasthing

birdy August 16th, 2006 10:04 PM

I'm guessing it would be ARIA?
http://wiki.media-culture.org.au/ind...ues_(Australia)

AFAIK, not too rabid at the moment:) Lord of the Rings would probably be the one to ask... he knows a lot (but don't tell him I said that!)
:D

foolofthehill August 16th, 2006 10:09 PM

Quote:

Originally Posted by birdy
... he knows a lot (but don't tell him I said that!)
:D

Yeah, he's like the Oracle of Delphi;) :D ;)
http://i64.photobucket.com/albums/h1.../Smilywais.gif


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