[ale] OT: Is this for real? Fwd: Notice of Claim of Copyright Infringement.

Michael H. Warfield mhw at WittsEnd.com
Thu Jun 7 14:59:15 EDT 2012


On Thu, 2012-06-07 at 14:19 -0400, Katherine Villyard wrote:
> On Thu, Jun 7, 2012 at 1:58 PM, Michael H. Warfield <mhw at wittsend.com> wrote:
> 
> > Actually, there's been mixed rulings on that, mostly on the side that
> > you are not.  At least one US judge recently handed the plaintiffs their
> > heads telling them that an IP address is not a unique identifier and
> > could not be associated with a particular defendant.  Europe has gone
> > both ways in saying IP addresses were protectable personal information
> > and subject to their privacy shields AND upholding that individuals
> > could not be culpable based solely up IP address identification but
> > there are plenty of counter examples in courts all around the world.
> >
> > However, it all can get really REALLY ugly if it gets that far.  There
> > have been successful instances of that defense strategy in criminal
> > cases (kiddie porn) and there have been distinct failures.  The real
> > issue there, however, is the fact that you have to defend yourself and
> > ELOs know the defense and are generally prepared for the defense.

> Yeah.  Y'all do whatever you want, but I for one do not want to hire a
> lawyer to offer up the defense that I intentionally didn't secure my
> wireless.  That strikes me as something that might work, or might just
> make them angry.

Yup...  No sense in deliberately going out of ones way to thwack a
hornet's nest.

> Katherine

> "Sometimes you wake up. Sometimes the fall kills you. And sometimes,
> when you fall, you fly."
> -- Neil Gaiman

Regards,
Mike
-- 
Michael H. Warfield (AI4NB) | (770) 985-6132 |  mhw at WittsEnd.com
   /\/\|=mhw=|\/\/          | (678) 463-0932 |  http://www.wittsend.com/mhw/
   NIC whois: MHW9          | An optimist believes we live in the best of all
 PGP Key: 0x674627FF        | possible worlds.  A pessimist is sure of it!
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