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Interview: Evan Stone


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Metanomaly



Joined: 23 Jul 2010
Posts: 107
PostPosted: Fri May 13, 2011 1:11 pm Reply with quote
ISPs keep record of what cable/dsl modem the DHCP address was assigned to over time.

It's not a terribly hard log to keep.
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purplepolecat



Joined: 15 Feb 2008
Posts: 129
PostPosted: Fri May 13, 2011 1:35 pm Reply with quote
Metanomaly wrote:
ISPs keep record of what cable/dsl modem the DHCP address was assigned to over time.

It's not a terribly hard log to keep.


Phoenix: (uh-oh, I could be in trouble here)
Mia: "Phoenix! Remember what you found when you went to the defendant's house!"
Phoenix: (Of course!)

OBJECTION!

Phoenix: "The defendant was using an unsecured Wi-Fi router! The connection could have been used by his neighbors, or even someone who happened to be within range at the time!"

Judge: "Sounds reasonable to me. Case dismissed."

Judges are becoming less sympathetic to IP-based subpoenas.
http://www.tomsguide.com/us/Bittorrent-File-Sharing-IP-Addresses-Judge-Harold-Baker-VPR-Internationale,news-11074.html
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Metanomaly



Joined: 23 Jul 2010
Posts: 107
PostPosted: Fri May 13, 2011 1:42 pm Reply with quote
purplepolecat wrote:
Metanomaly wrote:
ISPs keep record of what cable/dsl modem the DHCP address was assigned to over time.

It's not a terribly hard log to keep.


Phoenix: (uh-oh, I could be in trouble here)
Mia: "Phoenix! Remember what you found when you went to the defendant's house!"
Phoenix: (Of course!)

OBJECTION!

Phoenix: "The defendant was using an unsecured Wi-Fi router! The connection could have been used by his neighbors, or even someone who happened to be within range at the time!"

Judge: "Sounds reasonable to me. Case dismissed."

Judges are becoming less sympathetic to IP-based subpoenas.
http://www.tomsguide.com/us/Bittorrent-File-Sharing-IP-Addresses-Judge-Harold-Baker-VPR-Internationale,news-11074.html


Fortunately, most folks now get their router configured by their ISP, so this isn't much of an issue (and by and large, new router setup wizards have you secure the AP when you first set it up, now).

However, either way, the legal argument would be that since you are the one who signed as being legally responsible for the AP, you are also responsible for securing it if you don't want to be responsible for random passersby using it for illegal means.
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dengart



Joined: 10 Oct 2010
Posts: 16
PostPosted: Mon May 16, 2011 8:30 pm Reply with quote
Metanomaly wrote:
However, either way, the legal argument would be that since you are the one who signed as being legally responsible for the AP, you are also responsible for securing it if you don't want to be responsible for random passersby using it for illegal means.


Where are you getting this information from? What law or court ruling are you citing? Not the copyright act. So please enlighten us...
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Metanomaly



Joined: 23 Jul 2010
Posts: 107
PostPosted: Mon May 16, 2011 9:19 pm Reply with quote
dengart wrote:
Metanomaly wrote:
However, either way, the legal argument would be that since you are the one who signed as being legally responsible for the AP, you are also responsible for securing it if you don't want to be responsible for random passersby using it for illegal means.


Where are you getting this information from? What law or court ruling are you citing? Not the copyright act. So please enlighten us...


From the contract you signed when you signed up for the service, of course.
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dengart



Joined: 10 Oct 2010
Posts: 16
PostPosted: Mon May 16, 2011 11:21 pm Reply with quote
Metanomaly wrote:
From the contract you signed when you signed up for the service, of course.


How would a contract between two persons (a customer and an ISP) create obligations towards a person that is not party to the contract (the copyright holder) and is not a 3rd party beneficiary of the contract?
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