[ale] OT: Is this for real? Fwd: Notice of Claim of Copyright Infringement.

[Jay Lozier]

On 06/07/2012 01:43 PM, Katherine Villyard wrote:
> I'm basing this on previously being a person who received abuse@
> emails at more than one previous position.  We were expected to track
> down and shut down file sharers on our network.
>
> *googles*
>
> Ah, I see.  It's because we were trying for Safe Harbor protection
> from liability.
> http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act#Title_II:_Online_Copyright_Infringement_Liability_Limitation_Act
>
> That said, I'm pretty sure that the original poster is potentially
> liable, and that opening up your network is not a defense. Also, I
> think there's a difference between, say, "What?  I can put a password
> on my wifi?  Really?" and someone tech-savvy enough to be here saying,
> "Ha ha, I don't secure my wireless so there's nothing you can do!  Ha
> ha!"
>
> After getting abuse@ emails I always get twitchy if friends tell me
> they don't bother to secure their wireless.
>
> Katherine
>
> "Sometimes you wake up. Sometimes the fall kills you. And sometimes,
> when you fall, you fly."
> -- Neil Gaiman
The issue is whether the court, if gets that far, will accept the IP
address identifies the actual infringer or only possibly identifies the
account owner. The distinction is important and some courts have ruled
recently that knowing the IP address does not prove the account owner
has any liability. One court listed 6 reasons for this problem.

It is best to secure a WIFI router for several reasons and to change the
default password. Some of the WIFI passwords I have seen used are very
easy to crack so that is also a problem.
>
>
> On Thu, Jun 7, 2012 at 12:54 PM, Lightner, Jeff <JLightner at water.com> wrote:
>> I'm not sure that's true.   I vaguely recall a story a couple of years ago where several people were arrested for violating Georgia porn statutes (probably child porn) and in the story they mentioned that folks "suspected" but on WiFi were excluded because there is no guarantee WiFi access was done by the person that owned the WiFi router.   I remember thinking at the time that while it might not be sufficient evidence to show you'd violated the law that it ought to be "probable cause" for searching your PC to see if it was you that had done so as opposed to someone hacking your WiFi.
>>
>>
>>
>>
>>
>> -----Original Message-----
>> From: ale-bounces at ale.org [mailto:ale-bounces at ale.org] On Behalf Of Katherine Villyard
>> Sent: Thursday, June 07, 2012 12:28 PM
>> To: Atlanta Linux Enthusiasts
>> Subject: Re: [ale] OT: Is this for real? Fwd: Notice of Claim of Copyright Infringement.
>>
>> On Thu, Jun 7, 2012 at 12:25 PM, Jeremy Bicha <jbicha at ubuntu.com> wrote:
>>> On 7 June 2012 02:13, Ron Frazier (ALE)
>>> <atllinuxenthinfo at techstarship.com> wrote:
>>>> Make sure your wifi is secured with a beefy WPA password and that no
>>>> one unauthorized can download, like your neighbors. Maybe even change
>>>> the password. Make sure your router control panel is protected by a
>>>> password and that remote administration is off.
>>> Actually, wouldn't it be better not to lockdown your WiFi network so
>>> that there is plausible deniability? I say that regardless of whether
>>> you download potentially infringing media or not.
>> No, you're responsible for what happens on your network.
>> Katherine
>>
>> "Sometimes you wake up. Sometimes the fall kills you. And sometimes, when you fall, you fly."
>> -- Neil Gaiman
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-- 
Jay Lozier
jslozier at gmail.com