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Friday, August 04, 2006

The RIAA, IP addresses, and evidence

Great article talking about court cases for illegal downloading. In the cases that got dismissed, the defense was able to prove that many people used the internet connection, therefore its hard to show that one person is responsible for the downloading:
"In the cases above, both defendants had complex domicile arrangements that could be backed up by affidavits and, eventually, testimony. This is an important point, because a number of people have suggested that those engaging in piracy could construct an impenetrable defense for themselves by having an open wireless access point on their property. The thinking is simple: if you have an open WAP, then who's to say it wasn't your neighbor or some vagabond that did the pirating? This argument is specious however, both for the fact that no ruling supporting that argumentation alone has been made as of yet, and because in both instances discussed above, the evidence of multiple computer users in the home was undeniable. One should not expect the same result merely because of an open WAP on the premises. To scare the RIAA away, it takes evidence of multiple computer users in the home, and even then, the special circumstances of both of these cases suggests that the burden of proof would have been significant for the RIAA."
From Arstechnica

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