http://techdirt.com/articles/20060727/1131227.shtml

RIAA Will Drop Cases If You Point Out That An IP Address Isn't A Person
from the and-so-it-goes dept

For years, the RIAA has claimed that having the IP address of a computer that has shared unauthorized files is the equivalent of having the evidence of who was actually sharing files. That, of course, is false. The IP address simply can help you know who paid for the internet access, but not who was using what computer on a network. In fact, this even had some people suggesting that, if you want to win a lawsuit from the RIAA, you're best off opening up your WiFi network to neighbors. It seems like this strategy might actually be working. Earlier this month the inability to prove who actually did the file sharing caused the RIAA to drop a case in Oklahoma and now it looks like the same defense has worked in a California case as well. In both cases, though, as soon as the RIAA realized the person was using this defense, they dropped the case, rather than lose it and set a precedent showing they really don't have the unequivocal evidence they claim they do. The RIAA certainly has the legal right to go after people, even if it simply ends up pissing off their best fans and driving people to spend their money on other forms of entertainment -- but, if they want to do so, they should at least have legitimate evidence. It's good to see that some are finally pointing out how flimsy the evidence really is.

Oklahoma Case: http://www.techdirt.com/articles/20060713/1443212.shtml

California Case: http://recordingindustryvspeople.blogsp ... ornia.html

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Interesting.

Hehehehe.... I have been suggesting this from the get-go. Most people on jurys won't understand the limits of wifi so it's easy to exploit the lack of technical knowlege.

The concern I can see with this approach is that the RIAA/MPAA/BSA will start to try and get your hard disk as evidence. You would have to break it or run one of those programs that formats it sector by sector 20x.

That is a MUCH more expensive approach, requiring a warrant to take your computer, and I don't see the RIAA wanting to go down that road for any but the worst offenders (who probably have their bases covered anyway).

Good news.

How the fuck do they select folks and catch them anyway? Is it just certain file sharing sites or can they get you on torrents as well?

I've bought more shit since I started downloading anyway.

I...have not.

Eh, let's just say they break even.

Me too. My purchases have gotten alot better, too. I don't find myself buying crap anymore, unless it's an album I decide on buying before it comes out that ends up sucking.

Seriously guys, is there any info out there on how they target people? Obviously there are millions of others that they don't.

From my experience, the MPAA (probably the same for RIAA) goes after the uploaders. They can simply download the file themselves, and they'll easily be able to get the IP address that way.

Which is why I prefer to use private trackers. Just seems more....private.

You get busted for uploading, not downloading.

...which is why you play with fire by using bit torrent... which I am using right now. So, while its against the entire point of BT, I usually make sure I'm around my cpu when the download finishes so I can cut off the upload right after it finishes. Because you're uploading while you're downloading, right?

Yes, you upload/download simultaneously with BT. Even if you turn it off right when it's done downloading, you've already uploaded some stuff. Run PeerGuardian or SafePeer (if you use Azureus), and try and stay away from trackers that everyone and their mother knows about. There's also a lot to be said about the content you choose to download...I never dl movies, and the only music I download is hard-to-find stuff from a private tracker.

That's basically my rule... Private tracker. No TV shows, especially if they're being released commercially around the same time. I've never had any problem downloading music even if it's a public tracker.

What's PeerGuardian or SafePeer? Maybe I should stop messing with bit torrent, even though I mostly use it to get live stuff, and when I do happen to download some studio shit I either like it and go buy it or delete it. No lie.

Mercury's one of the good ones.

Thanks for the news though, Tommy. Hopefully none of us will ever have to test that defence.

I know, it sounds dumb. If I really like something or become a fan of the band I just prefer to have the cd along with the artwork. I can't get into the idea of getting shit off itunes and paying for some files on my computer. It's a good way to sample, and that's about it. For me anyway.

Were you able to just download everyone's media from your dorm's network? I for one don't care to install the satanic itunes nor do I care for most of the shit that my schoolmates listen to, but I did steal some movies and software from my neighbor. Aaaah, student housing networks.

Not cool. You get -8 cool points.