Re: [Full-disclosure] Re: Case ID 51560370 - Notice ofClaimedInfringement

class101_at_HAT-SQUAD.com
Date: 04/08/05

  • Next message: Thierry Carrez: "[Full-disclosure] [ GLSA 200504-07 ] GnomeVFS, libcdaudio: CDDB response overflow" 
    To: "AJ C" <spook3y3s@gmail.com>, "Jason" <security@brvenik.com>, <full-disclosure@lists.grok.org.uk>
Date: Fri, 8 Apr 2005 13:00:49 +0200

    would be nice to done your crap discussion elsewhere, at start, this thread
    shouldnt be there , thx mr coombs ..............................

    -------------------------------------------------------------
    class101
    Jr. Researcher
    Hat-Squad.com
    -------------------------------------------------------------
    ----- Original Message -----
    From: "AJ C" <spook3y3s@gmail.com>
    To: "Jason" <security@brvenik.com>; <full-disclosure@lists.grok.org.uk>
    Sent: Friday, April 08, 2005 4:48 AM
    Subject: Re: [Full-disclosure] Re: Case ID 51560370 - Notice
    ofClaimedInfringement

    > Civil vs Criminal cases dude, you're imposing some aspects of criminal
    > cases upon civil proceedings and that's not how they work. In a
    > criminal trial it's a dramatized version of reasonable doubt, civil
    > proceedings must show 51%+ responsibility on the part of the defendant
    > (much, much easier and why the powers that be choose this route). Not
    > to mention it's their content (no harm, no foul on downloading
    > something they already own) and MPAA/RIAA/blah have set precedence for
    > proactively tracking (either themselves or appointed parties)
    > file-sharing events (method of access is not unlawful and cannot be
    > brought into contention...is BitTorrent inherently illegal when used
    > for legit purposes? -- nope).
    >
    > If bb knocks on your door then you argue evidentiary process otherwise
    > in a civil proceeding you bear more of a burden to show you *didn't*
    > do what they're claiming (right or wrong they do have the legal upper
    > hand with their records versus essentially a verbal denial at best).
    >
    > 'Probably just easier to not download the crap and stay off the radar,
    $0.02.
    >
    > On Apr 7, 2005 7:26 PM, Jason <security@brvenik.com> wrote:
    > > IANAL but it seems this thought process is broken.
    > >
    > > Jason Coombs wrote:
    > > > Come on, people, get a clue.
    > > >
    > > > The copyright owner has authorized the forensic investigators to
    > > > download the infringing material. If it was there, according to a
    > > > forensic investigator, then you have to prove it was not.
    > >
    > > This position does not hold water, there is no way for them to not break
    > > the same laws they would be attempting to enforce by performing the
    > > investigation from a remote location and without a valid search warrant.
    > > You do not have to prove that you did not have the content, you only
    > > have to prove that you have content that appears very similar to the
    > > remote reviewer.
    > >
    > > If you were to place a copyrighted work of your own there then would
    > > they be forced to download it and break the law in order to prove that
    > > it was not the other copyright owners property? If they show in the logs
    > > as having attempted a download does this make them guilty?
    > >
    > > It is as simple as creating a server that will return filenames and
    > > hashes found on the network but actually provide /dev/random for the
    > > download or your copyrighted content with an engineered hash collision.
    > >
    > > It only takes one case to prevent the civil suit from being filed. To
    > > file the suit would be admitting to having broken the law. You cannot
    > > bring suit when the basis of the suit is itself illegal activity.
    > > _______________________________________________
    > > Full-Disclosure - We believe in it.
    > > Charter: http://lists.grok.org.uk/full-disclosure-charter.html
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    > >
    >
    >
    > --
    > AJC
    > spook3y3s@gmail.com
    > _______________________________________________
    > Full-Disclosure - We believe in it.
    > Charter: http://lists.grok.org.uk/full-disclosure-charter.html
    > Hosted and sponsored by Secunia - http://secunia.com/

    _______________________________________________
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