Anti-Piracy Outfits Demand Cash Without Proof

[nsane.forums]

Good times lie ahead for the companies that gather information on BitTorrent and other file-sharing networks. In the US, the MPAA and RIAA are negotiating with ISPs on how to deal with alleged copyright infringers, and in the UK citizens could lose their Internet access for this alleged offense if overall levels of file-sharing aren’t reduced to meet government targets.

While the evidence gathering techniques differ from agency to agency, they all have one thing in common. None of them can provide proof that the account holder has actually committed copyright infringement. In fact, some anti-piracy outfits cannot even prove that the IP-address they have on file was used in an actual file transfer, although they claim otherwise.

The Video Protection Alliance’ (VPA) belongs to the latter group. Instead of simply warning the alleged infringers, they take it one step further and actually ask for cash to settle immediately on behalf of the copyright holder, a known extortion-like technique that is also used by spammers.

The process used by VPA and others is simple. Their software monitors BitTorrent swarms and other file-sharing networks and records the IP-addresses of those people who share their clients’ copyright works. It then automatically sends an email to the ISP linked to the IP-address with a request to forward it to the associated customer.

“Someone using this account has engaged in illegal copying or distribution (downloading or uploading) of [title],” the VPA writes in one copyright/settlement notice, adding: “The information in this notification is accurate.”

But is it really accurate? We beg to differ and we’re certainly not the only ones.

As outlined in an elaborate article posted on on Freedom to Tinker earlier this week, the VPA does not verify whether the IP-address is actually uploading or downloading content. They simply take it from the swarm list reported by the tracker.

This is wrong for several reasons. First of all, some trackers are known to insert random IP-addresses into swarm reports to provide plausible deniability. Secondly, anyone can easily create a url that would put someone in the swarm list when it’s clicked. This link can be posted everywhere on the Internet and it wouldn’t even require the recipient to have a BitTorrent client installed.

Of course, this information is nothing new to people who are familiar with these anti-piracy evidence gathering techniques. Last year researchers from the University of Washington revealed the same flaws, but outfits such as VPA apparently don’t see the need to back up their claims with solid evidence.

Meanwhile, hundreds of thousands of these notices are sent out every year, some of which include cash requests to settle the case. Even worse perhaps, in countries that adopt three-strike legislation millions face the threat of being disconnected by their ISP, based on shoddy and unverified evidence, and without judicial oversight.

Unfortunately, the outfits that collect the evidence for the copyright holders are not very open about the techniques they use. When the RIAA’s evidence was disputed (pdf) in court earlier this year they decided to drop the case and settle with prejudice for $0.00. How convenient.

Article from: TorrentFreak, check out our new blog at FreakBits.

View: Original Article

[Ambrocious]

Will PeerBlock protect us from having to face this new stupidity that those bastards are throwing at us?

[HX1]

Ambrocious, if they can trace it back to your ISP.. not to you.. then they can send you a letter.. PeerBlock can help with your privacy, security and wasting your bandwidth on other peoples/entities spam and ads.. not to mention say read/write cycles to your drive and just an overall piece of mind.. from know BAD addresses..Other programs would be better at protecting it.. Like an Onion Router/Tor things of that nature..Have t ask some of the experts who use these programs as I don't have too much experience with them.

The thing is technically this is illegal.. regardless of them bull-heading along and doing it anyway.. The only way this works is when badgering the poor who cannot defend themselves in court.. the reasoning becomes based on overall damages to the individual.. even if they FEEL guilty are technically are not. Its a judicial crime to say the least.. IMO. Much the same way that a mechanic can screw up your car and your not informed enough to be able to defend the fact, nor able to afford o take them to court.. especially if the situation has put you in a financial disposition to just throw your hands up and hope for a better day.. Its not a loop-hole on paper but more of one that some would call a moral crime or one that is committed because of socialistic development cues... ( I don't know better words to express that right now ).. Regardless f the fact.. they are taking a predatorial stance... I think the only thing they are looking for is another financial way to gain.. where when left alone the Dinosaur of an entity as it is would fall on its own..

I personally do not think.. unless the picture is drawn askew.. that no country, or judiciary committee would back or stand behind any aspect of it. Not to mention that the private investigations that these entities have used in the past have been found to be corrupt, and do not use protocol not the exacting methods to ensure that an IP is being spoofed.. I might just trash the letter and ignore it..

If I was a person receiving a letter like this I would send it to every representative I could find.. I would not take a lawyers opinion or advise because they would want to represent you.. or even facilitate this method.. I could not trust it.. However I think that making this entity answer with responsibility themselves would be the correct method to start.. to even validate the authority or position legally recognized by the laws of the land..

Anyway as you can tell I started writing a book again..every push they make wrongly is going to multiply the issue 100 fold every time..