OT?: Legal question about p2p

Technomage plug-devel@lists.PLUG.phoenix.az.us
Tue May 31 14:50:02 2005


On Tuesday 31 May 2005 12:48, Alan Dayley wrote:

> I don't have an answer to your question, specifically.  However, I do have
> an answer.
>
> Don't trade files you don't have permission to copy.  Period.  Every
> person that does so helps to give useful technology (p2p and others) a bad
> name.  Every person that does so provides fuel for closing down the legal
> exchange of ideas instead of opening up.  Every time you do it, one time
> or many times, you are taking a legal risk.
>
> IMO it's not worth it for your wallet or for the cause of a more
> free-as-in-freedom society.  Go support artists and other creators that
> allow you freedom.  (http://magnatune.com, among others)  That is the best
> way to hurt the **AAs of the world.
>
> Alan

anymore with such industry associations, it no longer matters if the material 
is legal or not. they see the technology, itself, as a direct threat to their 
revenue stream. 

even trading legal files (such as the linux operating system) can get you in 
dutch (especially if it contains ANY encryption technology the Federal 
government deems to be of "national security matter or concern"). 

p2p technology of any kind is viewed as a threat, regardless of its actual 
purpose because it can be made to transfer copyrighted, or otherwise, works. 
unfortunately, the IA's have a lot of money and influence and are making it 
difficult to even share "free" information.

/slightly off topic related history begin/
btw, as an aside, I was recently sent a warning letter about sharing a 
copyrighted work on a p2p network. turned out the following:
1. the software package that reported the file was a windows package (not on 
my machine),
2. the file was not as claimed (it was a random data file named as the 
specified movie in question and of specific size as to create the appearance 
of a shared movie file)
3. the file in question was uploaded via a backdoor in said windows 
application 24 hours BEFORE the warning notice was sent out.

I have since questioned the above action with both the ISP and the legal dept. 
at the MPAA (they sent the warning notice). as of this date, they have not 
responded (and they even returned a certified snail mail unsigned <listed as 
refused>). it has been 3 months since that action. so, I wonder if it was a 
deliberate attempt to "plant" evidence prior to a possible subpoena (or 
someone playing a rather nasty hoax with my ISP and me as the rubes).

in any case, I don't share any of my information over unsecured networks 
anymore (and I have a lot of copyright/royal free works here that are free to 
share <audiobooks for the blind>).

related to this slightly off-topic portion is the fact that my network here is 
probed on a daily basis from IP's, hostnames, and IP blocks known to be owned 
or rented by those very particular Industry Associations. my firewall logs 
are repleat with such attacks going back months. so these guys don't really 
have a legal standing either, but they have a lot more money to throw around 
than I do. point is: these "industry Associations" are masquerading as 
legitimate enterprises committing criminal acts.
/end/

meanwhile, I hope I was able to answer the question here.
sorry if I got wordy.

TMH