From: Some@Guy.com   
      
   JF Mezei wrote:   
      
   > > All of that is sufficient to establish that every IP participating   
   > > in that torrent is violating the rights of the owner of the work   
   >   
   > If GardaLey is connected to the tracker for that torrent but not   
   > downloading or uploading anything from anyone, is it guilty of   
   > infringement ?   
      
   It?   
      
   Is *what* guilty of infringement?   
      
   The tracker?   
      
   > Similarlty, if GardaLey sees some other IP addresses hanging around   
   > in th torrent's tracker, does it have any proof that they are doing   
   > anything else but hanging around, pretending to always have 27% of   
   > the file ?   
      
   Is this the argument along the lines of   
      
         "it wasn't me that was torrenting your file - it was the   
          last guy that had this IP address, and that I later had   
          when Canipre logged the torrent in question"   
      
   ???   
      
   What's to stop "me" from putting forward that defense in court when (or   
   if) it comes to that?   
      
   > > When a rights-holder finds a copy of their work on an active   
   > > torrent, they should be able to:   
   >   
   > The ISP has no role to play.   
      
   Then why the fuck do they log IP's to begin with?   
      
   At least for anything longer than IS ABSOLUTELY TECHNICALLY NECESSARY?   
      
   Why don't they only log your current IP assignment (not your historical   
   record going back days, weeks, months, etc) ???   
      
   The ISP ->IS<- playing a role in this when they unnecessarily keep a log   
   of this information FOR NO OBVIOUS PURPOSE OTHER THAN MAKING IT   
   AVAILABLE TO A THIRD PARTY.   
      
   > The Torrent network has a role to play. Why not ask the torrent   
   > operator to pull the offending torrent from its search engine   
   > and no longer serve the .torrent file ? Why don't they ask   
   > the torrent network to stop seeding the work ?   
      
   I would agree to that, because the operator of the torrent is in the   
   same position as the operator of the file-locker - at least as seen from   
   the perspective of the DMCA.   
      
   I have seen MANY file-lockers obey takedown requests - even those   
   lockers operating in europe and russia.   
      
   Mega-Upload was an exception, and if you ask me, that's what got them   
   into such deep shit with the US DOJ.   
      
   > > a) contacting the individual ISP's in question in "real time"   
   >   
   > Not gonna happen. How th fuck is the ISP supposed to know the   
   > person who calls them is legit ?   
      
   Same reason that (apparently) Google honors so many DMCA takedown   
   requests.  I see them quite often when doing searches that include   
   "torrent" or "camrip, TS" in the search terms.   
      
   This sort of "secure-channel" or trusted communication apparently   
   exists.   
      
   You didn't comment about my response to torrent poisoning, nor did you   
   comment about the "6 strikes" method in place in the US.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)