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Re: RIAA timestamps off
From: Jeff Holden <JHolden () MTSAC EDU>
Date: Tue, 25 Sep 2007 10:52:49 -0700

IANAL but I don't think they have a legal leg to stand on if they don't
download the offending material to verify that it is in fact what the
label says it is.  Just because the file is named SomaRIAAartist.mp3
doesn't mean it is.  I don't think it is a crime to mislabel content and
put it on P2P sites.  I have heard of DMCA notices being sent just because
the name of the song was the same as an RIAA artist even though the actual
song was from an Indie Artist who licensed his works with Creative Commons
License.  I would guess that most DMCA notices are generated from
automated scanners that send off DMCA notices if a file name matches a
regular expression.  That being said we take the notices very serious and
do our part to make sure that our students and staff are not sharing copy
righted material.

Jeff Holden, CISSP, RHCE
Manager, Network & Data Security
Mt. San Antonio College

Jeff Kell <jeff-kell () UTC EDU>
09/25/2007 10:38 AM
Please respond to
The EDUCAUSE Security Constituent Group Listserv


Re: [SECURITY] RIAA timestamps off

Scholz, Greg wrote:
So UserX logs into limewire, song list is made public.  10 hrs later
song list is still public but no one may be actually pulling the data.
Technically it is the making of the infringing material available that
is the "crime" so the user is "seen" and is sought by the RIAA.

And the list and it's availability are advertised even if there is a
firewall, NAT, or any other "block" preventing incoming connections from
occurring at all.

Back in the days of long-forgotten accuracy, the reports had an
IP/port/timestamp that you could track to netflow (most of the time), even
if there were 0 bytes transferred (and is even that a violation?).


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