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From: Craig on 9 Apr 2010 00:49 "Epsilon" <not(a)this.address.com> wrote in message news:hpm8up$bnj$1(a)news.albasani.net... >>> >>> It is rather important to get the facts right. These examples are >>> not of individual users who merely downloaded material in breach of >>> copyright. They also made the material available to many others. They >>> are the equivalent of retailers of pirated software. >> >> Yes, but by downloading via P2P you are uploading at the same time. > > Not quite like those two examples, one from the US (which is not relevant > here), and one from here where the person involved was obviously a dill. > He presumably declared himself bankrupt, and the copyright holder would > likely have got nothing, apart from the publicity. See http://en.wikipedia.org/wiki/Capitol_v._Thomas Would you want to be the first Ms Thomas in Australia?
From: Epsilon on 9 Apr 2010 01:15 Craig wrote: > "Epsilon" <not(a)this.address.com> wrote in message > news:hpm8up$bnj$1(a)news.albasani.net... >>>> >>>> It is rather important to get the facts right. These examples are >>>> not of individual users who merely downloaded material in breach of >>>> copyright. They also made the material available to many others. >>>> They are the equivalent of retailers of pirated software. >>> >>> Yes, but by downloading via P2P you are uploading at the same time. >> >> Not quite like those two examples, one from the US (which is not >> relevant here), and one from here where the person involved was >> obviously a dill. He presumably declared himself bankrupt, and the >> copyright holder would likely have got nothing, apart from the >> publicity. > > See http://en.wikipedia.org/wiki/Capitol_v._Thomas > > Would you want to be the first Ms Thomas in Australia? There won't be any Ms Thomas' in Australia. Least of all because we don't have that statutory damages stuff that exists in the US. And also because, although we have plenty of dills here, she was a special kind of dill who, in the US legal jargon, "willfully" breached copyright. That is, she deliberately put herself in the position of a retailer of pirated copyrighted material. No-one has suggested that such people would not be subject to normal legal action by the copyright holder. They get their just desserts. But, the fact remains that the individual downloader of material in breach of copyright is not in that situation in Australia, and is at no great risk of being pursued by the copyright holder in the courts. If they take the step of making that material in breach of copyright available to others, the situation is different, of course.
From: Rod Speed on 9 Apr 2010 01:19 Craig wrote > Rod Speed <rod.speed.aaa(a)gmail.com> wrote >> Craig wrote >>> Swampfox <noidea(a)whocares.com> wrote >>>> Craig wrote >>>>> If your IP address is visible to the world and it can be shown >>>>> that your are seeding the file you are downloading, then why do >>>>> people use such technologies? Why aren't they afraid of being >>>>> sued by the copyright holders? >>>>> Wouldn't it be safer to just download from file server sites via >>>>> http? At least only then your ISP knows what you're downloading. >>>> If you're worried about it use a VPN service, >>> Wouldn't the VPN service be required to divulge access details if a court asked them? >> Not if its outside this country. >> And some of them deliberate keep no records, so >> even within this country, there is nothing to divulge. > Are there any free ones that don't keep records? Yep. In fact there arent any free ones that are stupid enough to keep records except ones setup by the RIAA etc.
From: Rod Speed on 9 Apr 2010 01:20 Craig wrote > Rod Speed <rod.speed.aaa(a)gmail.com> wrote >> Craig wrote: >>> Andy <nospam@> wrote >>>> Craig wrote >>>>> Yes, but at least you are not broadcasting to the world every time you download. >>>> I take it that you *don't* realise that your IP address is logged on every web site/server you visit, right? >>> Yes, but only your ISP and that site has those details. Contrast >>> that to P2P where the whole world can potentially see that your ISP >>> is involved in the sharing of certain files. >> They can see that even without you personally using the P2P system. > I meant IP instead of ISP. Fat lot of the good the IP is to them if it isnt yours.
From: Rod Speed on 9 Apr 2010 01:22
Craig wrote > Rod Speed <rod.speed.aaa(a)gmail.com> wrote >> Craig wrote >>> Andy <nospam@> wrote >>>> Craig wrote: >>>>> Yes, but at least you are not broadcasting to the world every time you download. >>>> I take it that you *don't* realise that your IP address is logged on every web site/server you visit, right? >>> Yes, but that is different to P2P where while you are downloading a >>> file the whole P2P swarm will know your IP address. >> Fat lot of use that is to anyone if you do the obvious thing and ensure its not your IP. > How can you receive data from the swarm if the swarm doesn't know your real IP address? All it needs to know is the IP of the redirector. >>> If I download from a website, only that website and my ISP will know my IP. |