Re: [7.8.2002 44916] Notice of Copyright Infringement

[Bill Weiss <houdini () nmt edu>]

Vachon, Scott(Scott.Vachon () Paymentech com)@Thu, Jul 11, 2002 at 07:41:46AM -0500:
> > IANAL but I would assume, due to the nature of peer to peer networks,
> > and seeing how those files are kept in a shared directory, for the peer
> > to peer network, that any privacy laws that MAY have applied would be
> > nulled.  
> > However!  I think there may be a case IF the MPAA cannot prove that
> > those files were actually their content.  Unless they actually
> > downloaded those files, and verified that is was actually their
> > property, I don't see how that case could stand in court, based on a
> > filename.  
>
>
> Seems to me if everyone refused to listen to the MPAA threats, it would be
> all but, impossible for them to prosecute all the "alleged" offenders. I
> think you are correct in the above statement. Unless one can prove the files
> have the actual content the MPAA claims as copyrighted, then a termination
> or suspension of service would seem unwarranted. Funny, if you are getting
> DOSs'd or Spammed to hell, your ISP won't budge to fix it but, the MPAA
> sends one letter and they threaten to cut you (the customer) off.

As people have already said, they MUST act on it or lose their safety
from the DMCA.  Your business isn't worth a good size lawsuit from the
MPAA.

Sad, but true.

On a side note, I really doubt that you could convince a jury of
"your peers" (likely to be older people than yourself) that those files
just happened to be named the same as current movies, tagged by large
movie piracy groups.  The pr0n defense (hiding it from your parents)
might work, but isn't there a law against people <18 having adult materials?
That could go badly.

To the original author: if you don't think it's too late, toss the files,
uninstall the filesharing client, and tell your ISP that you have NFI
what they're talking about.  They will have done their part, and it'll be
up to the MPAA to come after you.  Since they don't know who you are
(or didn't, until you posted here), the odds of them coming and filing
a lawsuit against you might be pretty low.  IANAL, but I'm really sorry
if I am wrong here :)

-- 
Bill Weiss