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Old 17 Jun 2009, 12:40 PM   #1
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Default IP Address Alone Insufficient To Identify Pirate, Court Rules

Anti-piracy groups and lawyers across Europe are unmovable - they say that since they logged a copyright infringement from a particular IP address, the bill payer is responsible. Now a court in Rome has decided that on the contrary, an IP address does not identify an infringer, only a particular connection.

IP addresses can be spoofed easily, and just because you connected to a tracker, doesn't mean you actually downloaded anything.

There is no way these anti-piracy groups can confirm with absolute certainty that just because someone connected or even received part of a file through file sharing, that this person has actually downloaded something pirated. If I download 99% of a ZIP file containing pirated software, have I really downloaded pirated software at all if the ZIP file won't work and it's basically just digital junk? If you purchased a pirated DVD from a street vendor, but when you get home the DVD is actually just a blank, did you really commit a crime by purchasing pirated material? The intention was there, but no crime actually took place, other than the vendor ripping you off. Downloading 99% of a file is the same as buying a blank.

And downloading is just one way, they would also have to prove that uploading of 100% of the file took place before they can charge someone with providing copyrighted materials to others, and with the way torrents work, it takes a long time and a lot of uploads to ensure you have uploaded every part of the file to people if the file is large.
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Old 17 Jun 2009, 01:27 PM   #2
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I thought it worked where they have to be able to download the file off your computer to prove you've downloaded it?

And that's why not having a shared folder, evilpeering on torrents, etc. is the way to go.
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