German Court: ISPs Must Hand Over File Sharer Info 136
itwbennett writes "The German Federal Court of Justice has ruled that ISPs have to turn over to rights-holders the names and addresses of illegal file sharers, but only 'if a judge rules that the file sharer indeed infringed on copyright,' said the court's spokeswoman, Dietlind Weinland. The ruling overturns two previous rulings by regional courts and is significant because the violation doesn't have to happen on a commercial scale, but applies whenever 'it is possible to know who was using an IP address at the time of the infringement,' the court said."
"..know who was using an IP address..." ? (Score:5, Interesting)
So, how do they know how many people live at the residence serviced by the named account? And by extension which one was using the computer at the time the alleged offence is supposed to have occurred?
Re:"..know who was using an IP address..." ? (Score:5, Interesting)
Re:"..know who was using an IP address..." ? (Score:5, Informative)
Except that our juridical System (fortunately) doesn't include a ridiculous entity like a "Grand Jury", the rest of the 5th Amendment does have an equivalent in Germany. The main difference being perhaps that it isn't an "Amendment" over here, which speaks for itself.
Whatever.
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YOu ignoring what the OP said (Score:5, Informative)
"The Fifth Amendment (Amendment V) to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to Magna Carta in 1215. For instance, grand juries and the phrase due process (also found in the 14th Amendment) both trace their origin to Magna Carta."
So before you ask people to learn about history.... learn about yours. That 5th amendement you seem so proud of, comes from europe.
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Wrong. It comes from England. Europe is on the other side of the Channel.
:)
What are you talking about? (Score:2)
The Constitution was ratified in 1787. The amendments to the constitution came some years later once they realized they forgot a bunch of shit like basic human rights.
http://en.wikipedia.org/wiki/United_States_Constitution [wikipedia.org]
Here in Germany, we just went ahead and included the basic human rights from the beginning.
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However you have to admit that the German constitution was made in a situation where a massive violation of human rights had just been done, so everyone was exceptionally well aware of the importance of them. Which is why the human rights are right at the start of the constitution and are specially protected.
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I'm of course talking about the constitution of 1949. While it is named "Grundgesetz", it is a constitution. Otherwise, why is the court called "Bundesverfassungsgericht" (Federal Constitution Court), not "Bundesgrundgesetzgericht"? And why is there a "Verfassungsschutz" and not a "Grundgesetzschutz"?
The constitution was named "Grundgesetz" to make clear that it was meant to be provisoric. However it is a constitution, and more importantly, it's the only federal constitution which is currently operative.
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Also, the statement tha
Re:"..know who was using an IP address..." ? (Score:4, Interesting)
What? That's an odd way of saying "thanks for the correction."
But instead you just made MORE wrong claims! Great.
Citations needed.
http://en.wikipedia.org/wiki/Constitution#History_and_development [wikipedia.org]
Re:"..know who was using an IP address..." ? (Score:5, Informative)
To be fair, this thread is about Germany. All governments are liars and murderers. So let me share the love: Fuck Germany. I am sitting here in the poor district of Berlin with no money, no work, and no food in my house. The state owes me over 1000 Euros, but they wont pay it because they have deliberately lost the paperwork I filed to claim it. After they first returned it to me complaining that I filed it a few days early. Everyone who deals with this government branch knows they deliberately lose paperwork, and do their best to screw you. No one can do anything about it though. Fuck Germany.
I am sorry that rant wasn't more on topic but the way Germany deals with copyright law in the context of individual breaches through filesharing is fair and reasonable, and I have no complaints about it. They screw over the entertainment and hospitality industry, not to mention the artists with their GEMA [wikipedia.org] (local branch of the mafiaa), but that is offtopic too as this article is about filesharing.
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That guy has been annoying me for ages
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..and this appeared in an Australian newspaper just yesterday "'Right to silence' law changed" http://www.smh.com.au/nsw/right-to-silence-law-changed-20120814-2462p.html [smh.com.au]
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This is no hijacking of the moderation system.
Just like first-posters rarely RTFA, initial moderations are usually kneejerk reactions without reading the entire post nor the parents it referes to.
The second wave of moderators does generally read more thoroughly and therefore recognized your posting doesn't quite warrant a +5.
Scale this up to the Slashdot-scale and you can see wild fluctuations happen before settling down on the real score.
Right now it's at "+2 insightful", I'm guessing your comment may stil
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What? You didn't complain when your completely false comment got modded to +5, did you? Then why complain when it reaches equillibrium at -1 where it belongs? You've got it exactly backwards. Speaking of which, don't let the door hit ya where the good lord split ya.
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Since when was Germany bound by the US Constitution?
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All of that lasted 4 years, while your "started in" implies it's still the case. So unless you offer more, I'm pretty sure you haven't got the faintest fucking clue, just flag flag flag.
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Questioned by whom? The MAFIA/RIAA payment enforcers/debt collectors? Or somebody else?
Re:"..know who was using an IP address..." ? (Score:4, Interesting)
And if they don't like the answer?
eg 1. There are a number of people in my household, including friends that visit regularly and all have access to the wifi network.
eg 2. The wifi node at the local coffee shop is accessible by anyone within range.
eg 3. The wifi at the place where I work is accessible by hundreds of employees and clients.
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Law enforcement personnel can ask you about anything they want at any time. That doesn't mean you have to (or can) tell them what they want to hear.
They can try to get a warrant (or in the case of the MAFIAA, a subpoena) and turn up at your place with a forensic team and search it. But, that isn't going to help them if they don't find what they want. You still don't have to tell them who you think might have committed the crime, and the fact that you can't or won't accuse someone else doesn't automatically
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And if they don't like the answer?
eg 1. There are a number of people in my household, including friends that visit regularly and all have access to the wifi network.
If they give you one or several timestamps, you should be able to recall the people around.
eg 2. The wifi node at the local coffee shop is accessible by anyone within range.
Coffee shop's wifis in Germany are typically run by 3rd-party companies, and have a habit of requiring a telephone number for registering (although the law is that telecommunication providers must not obtain more data than is required forwarding data).
eg 3. The wifi at the place where I work is accessible by hundreds of employees and clients.
The IT department will identify you, because the company doesn't want to pay so they'll make you pay.
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Should be questioned? Perhaps if there was a murder that took place. This is merely copying. What a waste of time and money that will prove in the end to be futile.
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Re:"..know who was using an IP address..." ? (Score:5, Insightful)
But copyright holders have a right to pursue their rights
Why? Where does that notion come from? The very existence of copyright is a choice by society, it is not supported by any natural law. In fact, as Thomas Jefferson figured out almost 200 years ago, ideas are fundamentally incompatible with the concept of ownership and private property. You have no right to control how your ideas are used, spread, or altered after they leave your own mind. The only way you can protect an idea from being spread is to keep it to yourself. Once it's out, you can't put it back, you can't take it away from people whom it has spread to. An "idea" can be an invention, a song, a novel, just about anything that is the product of human imagination or ingenuity (not in physical form).
"Intellectual property" is a fiction. It's a mass-delusion. It's a choice. It is not inevitable, it is not necessary, and it has not been an aspect of civilization for most of human history. We've accepted it because it was a useful compromise for a long time, but it is rapidly losing relevance and efficacy. As you can plainly see, attempts to maintain the entrenched system are leading to abuses of civil and privacy rights in the name of enforcing copyright law. It's no longer an enabling force for human creativity, it has become a threat to human freedom.
Re:"..know who was using an IP address..." ? (Score:4, Informative)
"Intellectual property" is a fiction. It's a mass-delusion. It's a choice....
IP is none of these. IP is a variation of a business model known as rent-seeking in economics. Basically, a natural or legal (such as IP) monopoly creates excess profits, which allow those making them to engage in various tactics that extend the monopoly. Since the profits and the harm from such tactics are distributed very unevenly (few get very rich, while the huge majority loses a little), the incentives and resource availability may prevent political corrective of the rent-seeking even in a democratic society.
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Why? Where does that notion come from? The very existence of copyright is a choice by society, it is not supported by any natural law.
Why? Because it is a "choice by society" of course!
The very existence of alienable private property, especially in land, is also "a choice by society." Now I do prefer being a holder of property in a "free" society rather than being a middle-European peasant bound to the inalienable estate of a seignour, as my ancestors were (bound peasants that is), but the study of his
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Copyright and patents were crude tools used by kings for censorship and nepotism respectively.
Setting aside the word 'crude,' that's what we in the business call a fact.
They were repurposed with the eventual intent of benefiting society,
Sure, that is a fair enough characterisation. To be more precise patents over novel ideas were the only survivors of the numerous letters patent and other prerogative monopolies to survive the cull of these "crude tools." They survived because the clear benefit they be
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How could the people that cr
Re:"..know who was using an IP address..." ? (Score:4, Insightful)
However, and especially in the context of the every increasing ease by which media can be reproduced, until we can devise a new system which suffers from none of the evils and still ensures reward of intellectual labour, our best hope is to point out how badly the system has gone wrong and attempt to steer it back towards health.
The problem is that "to steer it back towards health" for the most part equals "turn back time". As long as you have the following four components, IP is doomed:
1. Computers
2. Internet
3. 1st amendment
4. 4th amendment
Computers means we can create digital copies that can be copied infinitely without loss. Maybe getting our hands on the first copy may be complicated by breaking DRM or recording through the analog hole or whatever, but it's break once play everywhere. Internet means we can have the technical means to distribute it to everyone as an increasingly faster and faster flash mob. While the 1st and 4th amendment doesn't protect copyright violators, it means you generally can't prevent people from communicating in private. The public sites are a convenience but if you'd like to kill piracy you have to take away one of those four. Either turn it into an appliance-only Internet, shut down the Internet or take away some of the Bill of Rights. Or you can accept that technology has moved forward and that the "good old days" are never coming back.
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The problem is that "to steer it back towards health" for the most part equals "turn back time".
Sure, but legally, not technologically. I had in mind curing the overreach and trying to shift the balance back towards consumers of IP since producers have had the ear of legislators for too long. This will not be easy (especially given what I wrote below) and for it to fly poltically it would require a concrete and hard-nosed platform that could not simply be dismissed as, "they want everything for free" or
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The less people respect the idea of IP, the more draconian enforcement you need. The divide between the public opinion on one side and the law, the entertainment industry and their lobbyists on the other side is growing. What you see as a crackdown I see as desperation, as more and more obnoxious threats are required to keep the population at bay. They're not winning the hearts and minds of the young generation, they're just hoping to intimidate them into not file sharing. Most people don't kill because the
Well met (Score:2)
The less people respect the idea of IP, the more draconian enforcement you need.
I agree
The divide between the public opinion on one side and the law, the entertainment industry and their lobbyists on the other side is growing.
I agree.
What you see as a crackdown I see as desperation, as more and more obnoxious threats are required to keep the population at bay.
When is a crackdown not desperation and threats to keep the public at bay? So we are in agreement there too.
They're not winning the hearts and
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The very existence of alienable private property, especially in land, is also "a choice by society."
No. Private property deals with the material. It is the individual ownership of a material, tangible, object. Said object can be anything from a small rock to a large piece of land. Ownership is control. It is natural to control material objects. Property is a small part of a greater concept called individual sovereignty that's a direct result of free will. The laws merely formalize that which already exists.
Intellectual property, on the other hand, basically treats ideas, thoughts, as tangible objects. Th
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Property is a small part of a greater concept called individual sovereignty that's a direct result of free will. The laws merely formalize that which already exists.
That, to quote Jeremy Bentham, is "nonsense walking on stilts." You've failed to account for the historical reality that individually owned alienable real property only emerges at isolated times and places. It is the exception not the rule.
More importantly there is nothing natural about "individual sovereignty," a concept which would have be
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as Thomas Jefferson figured out almost 200 years ago, ideas are fundamentally incompatible with the concept of ownership and private property. You have no right to control how your ideas are used, spread, or altered after they leave your own mind. The only way you can protect an idea from being spread is to keep it to yourself. Once it's out, you can't put it back, you can't take it away from people whom it has spread to. An "idea" can be an invention, a song, a novel, just about anything that is the product of human imagination or ingenuity (not in physical form).
Einstein found out the hard way ;-)
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when your downloading copyrighted items using your phone in the middle of a police station with a camera on you while you verbally admit to the owner of the copyrighted content while showing them exactly what you are downloading and then verify what you were downloading was actually not authorized for you to download...
If the phone dont fit you must aquit.
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when your downloading copyrighted items using your phone in the middle of a police station with a camera on you while you verbally admit to the owner of the copyrighted content while showing them exactly what you are downloading and then verify what you were downloading was actually not authorized for you to download...
Read the article again. This is regarding file-sharing. Uploading. The opposite of downloading.
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Most current file sharing methods upload while they download.
You know... "ratio".
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They don't. Since in most cases they will not know who used the IP address, but only who paid for it, there should be no way they could get the name/address.
As an example, if both me, my wife and my son denies any knowledge of copyright infringement, how will they get a search warrant ? Whose computer will they search ? Can they get permission to search two innocent peoples computer just because those computers sometimes are at the address in question ? How about my sons friends computers who are used on ou
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As an example, if both me, my wife and my son denies any knowledge of copyright infringement, how will they get a search warrant ? Whose computer will they search ? Can they get permission to search two innocent peoples computer just because those computers sometimes are at the address in question ? How about my sons friends computers who are used on our WLAN ? How about hackers ?
Of course you can get search warrants against innocent people. As long as there is enough likelihood, before the search, that these people might be guilty. Then you do a search, find nothing, and conclude that the suspicion was likely wrong. Remember: Innocent until proven guilty. Which means you can actually _only_ get search warrants against people who are considered innocent.
Re:"..know who was using an IP address..." ? (Score:5, Informative)
IANAL, but I live in Germany and have both professional and private experience with the laws and courts.
It is not that simple. There is a principle called "StÃrerhaftung" in the german legal system, it means that if the culprit can not be identified, the one providing the means can - under certain circumstances - be brought to trial in his stead. It sounds idiotic, but makes sense if you let me explain:
Imagine your car is used for a traffic violation. Of course they find you through the number plate. You claim that at the time you didn't drive the car and you don't know who did. Say, you were drunk that evening and you remember handing the keys to some friend to drive you home, but you can't remember who. This will usually result in charges being dropped because no culprit can be identified. However, if you try that several times, the court will at one point tell you to a) keep a log book in your car from now on where everyone driving has to write down his trips and b) next time this happens, they will charge you.
There is currently an active discussion on whether or not the same rules apply to things such as an open WiFi. Again, you can easily say that someone else was using it. From the POV of the law, that's a loophole, and too easily exploited by simply doing bad things and then claiming someone else must've done it.
In light of that discussion, this is a part of the legal solution to copyright infringement on the Internet. I've not studied it in detail, but it seems balanced on first glance - the requirement to have a court sign it means that most copyright holders won't bother for small-time filesharers, because it's too cumbersome and expensive.
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aargh, I hate it that /. is still not UTF-8. Anways, the german word is correctly spelled "Störerhaftung".
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Interesting.
The real problem seems to be due to automated infringement generation where it's too expensive/difficult to generate enough evidence to properly identify an offender for an alleged offence. The defence "it wasn't me" is really only applicable in situations where the constabulary are too lazy to do the work themselves and are leaving the enforcement to equipment such as 'speed cameras', 'ip loggers', etc. Just because it's far easier to ticket/fine 'a piece of equipment' (and by extension its own
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The defence "it wasn't me" is really only applicable in situations where the constabulary are too lazy to do the work themselves and are leaving the enforcement to equipment such as 'speed cameras', 'ip loggers', etc.
Wrong. In the case of Internet crimes, the IP is easy to identify, the person in front of the PC can not be identified without a warrant. Some traffic offenses (parking, for example), are regularily spotted with the driver not nearby.
It's even more unjust when you consider that the infringement notices turn up weeks or months (or years!) after the actual infringement has taken place.
Which is why "I borrowed my car to someone that day, but can't remember who" remains a valid defense. And when it happens too often, having to keep a logbook is the correct solution to the memory problem.
. This is why due process is so important.
Which is why this decision requires a court order before the personal info
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Which is why this decision requires a court order before the personal information is handed over.
And once they have that information, they send you a letter that states "We have your IP that proves you did this crime and if you don't pay us $7000, we're going to take you to court where we will most certainly prove (as we have done before and are currently doing to others) that you stole this file and charge you $150,000."
The IP holders are hoping you settle, because the settlement cost they arrive at is less than it would cost to defend yourself. They also usually give you a ridiculous deadline to
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And once they have that information, they send you a letter that states "We have your IP that proves you did this crime and if you don't pay us $7000, we're going to take you to court where we will most certainly prove (as we have done before and are currently doing to others) that you stole this file and charge you $150,000."
We are talking german law here, not USA. We have a different legal system where fines are more clearly defined and not as arbitrary and not as ridiculous. Works both ways - you also can't sue McDonalds for a million bucks because you spilt their hot coffee all over yourself.
In addition to that, germans are safety fanatics. A large part of the population here has an insurance against law suits. I know I wouldn't be too worried if one of those letters came in the mail. I'd call my insurance company which woul
@PipedRe:"..know who was using an IP address..." ? (Score:2)
So, how do they know how many people live at the residence serviced by the named account? And by extension which one was using the computer at the time the alleged offence is supposed to have occurred?
By asking I suppose. Like if the police find a body in a house, they don't give up their enquiries just because two or more people live there. In this case :-
... they hanged the lot! But not everyone lives in some sort of squatter commune where they all share computers and a gateway to the web. They could soon narrow it to me for example, I've no doubt.
www.murderuk.com/serial_john_christie.html
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Re:"..know who was using an IP address..." ? (Score:5, Funny)
Whoever owns the account is liable.
Maybe in Soviet Russia. (Soviet USA?)
Secure your network and keep an eye on what your kids are doing.
And your partner, and your room mates, and your friends, and your employees...
Re:"..know who was using an IP address..." ? (Score:4, Interesting)
Except not. Having your property associated with a crime does not prove criminal activity itself. It at best proves you were an accessory.
Your post is just scare tactics regurgitated from ISP PR departments, to sell more connections by scaring people into closing their public nodes.
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Further, please read a post before you reply to it. "Having your property associated with a crime does not prove criminal activity itself. It at best proves you were an accessory." Nothing you said in any way relates to what I said.
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[Citation Needed]
No, it's not. If you disagree, please post something, anything, that disagrees. "[Citation Needed]" is a lazy way of saying "I don't believe you, and I'm too stupid and lazy to think about why.
If you are that stupid and lazy you can't even respond on topic...
Re:"..know who was using an IP address..." ? (Score:5, Insightful)
No it does not. I am not liable if the car I loan to my neighbor is used to commit a robbery (unless I knew they were going to commit a robbery and I still loaned my car them of course). I am responsible for losing the car, if my car gets stolen with the keys. The insurance, would probably not pay me. But I am not responsible for what ever is done using the car (murder or robbery or whatever).
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There was a case recently, in Florida I think, though I don't have it in front of me, where someone loaned their car to someone who committed a robbery with it, and the laws for contributing to a c
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Some sources would be nice, for the statement that idling with keys is a crime. I find nothing more than city ordinances (which at worst are traffic violations). If you have court decisions even better.
Again sources would be nice. I tried to locate the case or any news sources regarding this, but I find none.
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http://whitelake.patch.com/articles/is-it-illegal-to-leave-your-car-running
http://www.txdmv.gov/protection/auto_theft/hold_key.htm
http://www.dailymail.co.uk/news/article-504888/Driver-fined-leaving-engine-running-car-defrosted-outside-home.html
Top 3 hits from my first search.
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Er, thats a civil infraction (in fact I did say traffic violation in my post too, I actually meant civil infraction). Definitely not a crime. Any other sources?
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More importantly, ISPs are private businesses against whom first amendment rights are not a defense if you have your access terminated.
Piss off your ISP and you kiss your internet goodbye. That's one thing and is completely legal (within reason, they can't cut you off because you're black, for example).
Have the government pass a law requiring the ISP to cut you off, however, and that's a different ballgame.
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Sorry, the person who pays for the service is not liable. The RIAA/MPAA wants to make it seems that way for convenience but that is simply not true at all. I have two kids older than 18 in my house, they have friends over, I have relatives over. It is not my legal obligation to monitor what they do with my internet and I am in no way shape or form liable for what they do. Sure, Comcast can drop me for a violation of the TOS if the MPAA/RIAA complains to them but there is nothing they can do to me legall
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The way it is working in Germany, first hand experience from a couple of years back:
But you can't know if someone infringed copyright (Score:5, Interesting)
But you can't know if someone infringed copyright unless you know all of the circumstances of the copying, including the identities involved.
There are many ways a person may not have been infringing copyright (statutory, fair-use, license, ownership, etc.) even if they were definitely involved in copying.
If you must prove that someone infringed copyright without knowing who they are first, it is an impossible standard.
Of course, I expect that this merely technical truth will be disregarded entirely.
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Well, there's one positive in that ruling: There has to be a judge in the process. So it's not that the media cartels can just go to the ISP and say "we believe there was an illegal upload from that IP address, tell us who had it." They have to convince a judge that their evidence is sufficient.
Germany uses a federalist system? (Score:2)
A bunch of state governments and a central federal government? Interesting.
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Of course the Empire was named "Heiliges Römisches Reich Deutscher Nation", that is, "Holy Roman Empire of German Nation", which already contains "German Nation", so calling it "Germany" is not completely off (although you are right that a German country in the modern sense didn't exist until 1871).
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You need to add all of Asia to this list.
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Hosting services don't usually use dynamic IPs, and also tend to register a top-level domain, so the ruling here is completely irrelevant. Their identity can simply be looked up in the registration record of the domain. Also it's hard to hide your identity and at the same time make money: You must have a way to tell your customers (or advertisers) where to pay money. Your identity can then be revealed by following the money.
change (Score:4, Interesting)
Perhaps it's a big-headed notion, but a formidable effort toward such a schema might at least distract these ravenous fiends enough to prevent them from purging freedom from the spectrum altogether. Maybe with the help of private satellites and (I don't know yet; do you?), it is realistic enough to try. I'd rather take some blows to bloat and luxury than to freedom.
In Germany, you can be fined for having an unencrypted AP -- if someone uses it for "illegal" file sharing. It'll be the same elsewhere soon enough. And it will get worse and worse, until you can't connect without a chip up the arse or job in "intelligence". Some say "Darknets", but is that not something the ISP's could crush easily enough? I actually don't know; I'm asking.
We've had the DHS (of all agencies!) taking down domains in the US. The "UK" wants to retain all user's ISP data. The "US" wants likewise. What makes people think they aren't already? I suppose the level of patience, or passive retention of the ISPs and governments confuses some. I personally believe no data is destroyed, but I am sure a credible
I guess what I am saying, or spewing, is that it's going to take a lot development and hard work to even have a chance of things not sucking ultra badly in the future. And it's going to take a change on the same scale as their own ludicrous and grotesque proposals, but on the positive side. And their proposals are only becoming more and more insane. How insane will they get before one succeeds?
Pirate Party in 4 regional parliaments (Score:4, Interesting)
who is doing the sharing (Score:2)
However, the information can only be given to the rights holder if a judge rules that the file sharer indeed infringed on copyright, said Dietlind Weinland, spokeswoman of the German Federal Court. The Federal Court is the highest ordinary court in the German judicial system and its decisions can only be overturned by the constitutional court.
But who is "the file sharer"? Do they have to identify who the actual sharer is before proceeding? Are they going to jump to the (not always true) conclusion that the person named on the account is the file sharer? Are there other provisions in the law to hold an account holder that is not the fire sharer accountable? Do the German courts realize that the law is still allowing the sale of a very insecure operating system in Germany?
Solution (Score:3)
The solution is simple: we should all have our computers infected with a botnet, so that we can put the blame on it whenever we have copyright-infringing material on our computers.
One more time: 1 IP ! = 1 person (Score:3)
An ISP can with certainty tell exactly which customer was using a specific IP at a specific time, but not who was using this customers connection. As countless verdicts around the civilized world has ruled, the owner of the connection is not defakto responsible or liable for abuse. The exact user must be determined in order to prosecute, and thus if this isn't possible no prosecution can occur.
There are multiple vectors available for abuse at any connection, from unsecured wifi, over hacked wifi to various form of unauthorized cabled access where the physical traces later was removed.
Now, as it is impossible to determine if a connection was abused by someone unauthorized at some point in the past, it is always impossible to rule out outside abuse and thus it is futile to persue the owner of the connection.
So please stop wasting the time of both the ISP, the customer and the courts. There's nothing to gain at all.
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In Germany, it doesn't matter, because they apply the principle of Stoererhaftung. Which means: if someone abusing your IP connection does something wrong with it, you as the holder of that connection are responsible. Basically, you as the connection holder are responsible for whatever is being done with it.
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That's not correct. "Störerhaftung" doesn't mean the account holder is liable for the offense. The account holder is only required to implement reasonable measures to prevent copyright infringement, and if he can show that he did that, he's off the hook. If not, he's liable to cease and desist, but still not for the copyright infringement itself, only for facilitating it. The damage from the copyright infringement is on the actual perpetrator. (Of course, since the method is punishment through lawyer f
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So please stop wasting the time of both the ISP, the customer and the courts. There's nothing to gain at all.
Porn trolls would disagree with you on that, as they've gained millions of dollars by threatening ISP subscribers with lawsuits. All they have to do is "We found your IP associated with our video "Anal cum swappers #2. If you don't pay us $3400, we're going to name you in a suit and everyone searching Google including friends, family, employers, schools will see your name next to our movie and your life will be ruined."
Guess how many whip out their checkbooks right quick, despite being innocent?
I do hope they find the guy (Score:1)
Whoever listens to Xavier Naidoo needs immediate medical attention to prevent an outbreak of dain bramage...
Flame Way over 5th Amendment (Score:2)
A news item comes along (concerning Germany) which you would think would be of great interest to Slashdotters, but after a couple of posts the discussion goes off at a tangent to become a flame war about the USA 5th amendment. This flame war I estimate accounts for about a third of all posts, but what is worse is that these float to the TOP of the discussion in threaded view because the thread takes root so early. To see comments about the news item itself you must