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(Torrent Freak)   Comcast fights back against copyright holders, refuses to provide names of bit torrent users (/head explodes)   (torrentfreak.com) divider line 47
    More: Unlikely, BitTorrent, Comcast, TorrentFreak, adult entertainment  
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4558 clicks; posted to Geek » on 13 Jun 2012 at 12:34 PM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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ZAZ [TotalFark]
2012-06-13 09:43:35 AM
Does Comcast get paid for responding to subpoenas? The company may have decided a one-time investment in an expensive lawyer would stop an endless stream of minor nuisances.
 
2012-06-13 10:52:24 AM
ZAZ: Does Comcast get paid for responding to subpoenas? The company may have decided a one-time investment in an expensive lawyer would stop an endless stream of minor nuisances.

I imagine it would slow down the subpoenas (and get rid of Comcast's "concern" for its customers) if Comcast were allowed to charge a fee for the service.
 
2012-06-13 11:31:07 AM
Wait... I didn't think comcast did anything for the consumer?
 
2012-06-13 12:40:55 PM
They finally caught a Congress-critter in the drag-net, eh?
 
2012-06-13 12:42:18 PM
labman: Wait... I didn't think comcast did anything for the consumer?

They don't. You think it costs them zero dollars to respond to these requests?
 
2012-06-13 12:43:39 PM
That's all well and good but if you're torrenting and at this point don't know how to hide what you're doing, you are an idiot.
 
2012-06-13 12:45:19 PM
(they are probably just negotiating the price for this service)
 
2012-06-13 12:56:33 PM
labman: Wait... I didn't think comcast did anything for the consumer?

Your ISP is paid by advertisers for access to your personal data. Why would they give it to someone else for free?
 
2012-06-13 12:57:18 PM
So what am I supposed to do with all of these "Cock-cast" stickers I just had made up?
 
2012-06-13 01:03:20 PM
assets0.ordienetworks.com

Go Comcast.
Yeah, stealing data is stealing data. The ISPs are just getting tired of being dragged through court all the time. Good for them!
 
2012-06-13 01:14:19 PM
They weren't the first to do this (Verizon was, as stated in TFA). But, it may start a trend in an industry that is tired of dealing with the RIAA, MPAA and others.
 
2012-06-13 01:14:30 PM
bugmn99: So what am I supposed to do with all of these "Cock-cast" stickers I just had made up?

I'll take a few. My roommate needs a bumper sticker.
 
2012-06-13 01:53:10 PM
Honest Bender: labman: Wait... I didn't think comcast did anything for the consumer?

They don't. You think it costs them zero dollars to respond to these requests?


I'll take a convergence of interests over moral purity.
 
2012-06-13 01:53:41 PM
In recent years more than a quarter million alleged BitTorrent users have been sued in federal courts. Most of the lawsuits are initiated by adult entertainment companies

Porn: advancing technology since prehistory.

/recorded history was originally invented to make permanent note of sexual exploits
 
2012-06-13 01:56:40 PM
kobrakai: That's all well and good but if you're torrenting and at this point don't know how to hide what you're doing, you are an idiot.

Maybe a dumb question here, but any suggestions other than using Peer Block?
 
2012-06-13 02:04:47 PM
penguinfark: kobrakai: That's all well and good but if you're torrenting and at this point don't know how to hide what you're doing, you are an idiot.

Maybe a dumb question here, but any suggestions other than using Peer Block?


Actually, the nature of torrenting somewhat precludes complete ip-anonymity. Since one peer is sending bidirectional data packets to the IP of another peer, each peer must by nature know the IP of the other. And my suspicion is that the lawyers gathering these IPs to sue are doing so by pretending to be a peer in an "infringing" torrent (if not the distributor of the torrent).

Most forms of proxying would prevent torrents from working. I'd guess something like the onion router would work, but it would be gratingly slow and quite strongly against the terms of service - and really, sucking up TOR bandwidth that could otherwise go to more positive anonymous activities so you can get your jollies on sexy-vids isn't very nice :)
 
2012-06-13 02:06:51 PM
rooftop235: [assets0.ordienetworks.com image 200x187]

Go Comcast.
Yeah, stealing data is stealing data. The ISPs are just getting tired of being dragged through court all the time. Good for them!


You mean copying data.
 
2012-06-13 02:46:25 PM
penguinfark: kobrakai: That's all well and good but if you're torrenting and at this point don't know how to hide what you're doing, you are an idiot.

Maybe a dumb question here, but any suggestions other than using Peer Block?


From the people that brought you thepiratebay:

https://www.ipredator.se/

It basically builds an encrypted tunnel to piratebay servers. All your torrenting uses the server's IP. The only person that "sees" you, is them.

Obviously if you have a data cap you can trip it as easily with this as anything else... but no one will see all those dozens/hundreds/thousands of connections except the server at the other end of the pipe... so you aren't nearly as noticeable.

Use a good torrent program with calendar/day planner and set up staggered schedule of fast/slow/off downloading and even someone looking at you closely will be at a loss to confidently say you are up to anything fishy.

VPN tunnel is the only way to fly.
 
2012-06-13 02:54:42 PM
MurphyMurphy: penguinfark: kobrakai: That's all well and good but if you're torrenting and at this point don't know how to hide what you're doing, you are an idiot.

Maybe a dumb question here, but any suggestions other than using Peer Block?

From the people that brought you thepiratebay:

https://www.ipredator.se/

It basically builds an encrypted tunnel to piratebay servers. All your torrenting uses the server's IP. The only person that "sees" you, is them.

Obviously if you have a data cap you can trip it as easily with this as anything else... but no one will see all those dozens/hundreds/thousands of connections except the server at the other end of the pipe... so you aren't nearly as noticeable.

Use a good torrent program with calendar/day planner and set up staggered schedule of fast/slow/off downloading and even someone looking at you closely will be at a loss to confidently say you are up to anything fishy.

VPN tunnel is the only way to fly.


also,

remember to use this in concert with a firewall that can say "vpn traffic on, everything else off (except initial vpn connect handshake)" so that if something trips up your tunnel, the traffic just doesn't start using your regular connection and defeat the entire purpose.

there are how-to's on ipredator's website to guide you through all that
 
2012-06-13 03:01:44 PM
Interesting, I stand corrected - Not anonymity, really, but the entity that has your IP is then phenomenally less likely to disclose it...

MurphyMurphy: penguinfark: kobrakai: That's all well and good but if you're torrenting and at this point don't know how to hide what you're doing, you are an idiot.

Maybe a dumb question here, but any suggestions other than using Peer Block?

From the people that brought you thepiratebay:

https://www.ipredator.se/

It basically builds an encrypted tunnel to piratebay servers. All your torrenting uses the server's IP. The only person that "sees" you, is them.

Obviously if you have a data cap you can trip it as easily with this as anything else... but no one will see all those dozens/hundreds/thousands of connections except the server at the other end of the pipe... so you aren't nearly as noticeable.

Use a good torrent program with calendar/day planner and set up staggered schedule of fast/slow/off downloading and even someone looking at you closely will be at a loss to confidently say you are up to anything fishy.

VPN tunnel is the only way to fly.
 
2012-06-13 03:06:43 PM
Personally I use a VPN (Because I'm paranoid, but I'm sure it will work for torrents too), and I have my windows firewall set to only allow my web browsers (could be applied to utorrent) to use the VPN network connection. If my tunnel drops, windows can't send any traffic out. Once that tunnel comes back up, the traffic flows again.

The best part is that my traffic is routed through Russia (or Egypt, Netherlands, Sweden, etc etc) before ending up at my destination.

Money well spent!
 
2012-06-13 03:13:45 PM
defiancecp: penguinfark: kobrakai: That's all well and good but if you're torrenting and at this point don't know how to hide what you're doing, you are an idiot.

Maybe a dumb question here, but any suggestions other than using Peer Block?

Actually, the nature of torrenting somewhat precludes complete ip-anonymity. Since one peer is sending bidirectional data packets to the IP of another peer, each peer must by nature know the IP of the other. And my suspicion is that the lawyers gathering these IPs to sue are doing so by pretending to be a peer in an "infringing" torrent (if not the distributor of the torrent).

Most forms of proxying would prevent torrents from working. I'd guess something like the onion router would work, but it would be gratingly slow and quite strongly against the terms of service - and really, sucking up TOR bandwidth that could otherwise go to more positive anonymous activities so you can get your jollies on sexy-vids isn't very nice :)


Isnt there a legal argument to be made if the content owners (or their desgnee) offers any of the content while performing this peer sting, they are in fact giving it away? Would that negate damages?
 
2012-06-13 03:27:22 PM
Too bad Deutsche Telekom wont do this for its customers. They've rolled and caved to a lawfirm that wanted the ID of its IP holders. All living in Germany that have internet access provided by this monopoly are not entitled to privacy according to German court, so the floodgates are open for legal action to generate and pursue insane fines.

Telekom and the German judicial system truly sucks ass.


/you know who else sucked ass...
 
2012-06-13 03:29:48 PM
MurphyMurphy: VPN tunnel is the only way to fly.

I'm more of a seedbox proponent.
 
2012-06-13 03:33:55 PM
Frothy Panties: /you know who else sucked ass...

I need to wait to see if I'm one of the named defendants before I answer that question.
 
2012-06-13 04:42:17 PM
bugmn99: So what am I supposed to do with all of these "Cock-cast" stickers I just had made up?

Start a therapy and rehabilitation group for victims of rough-sex accidents.
 
2012-06-13 05:33:18 PM
MightyPez: MurphyMurphy: VPN tunnel is the only way to fly.

I'm more of a seedbox proponent.


What prevents the IP holders from finding the logs of the seedbox or who was paying for it? Also, wouldn't a seedbox seem to imply you wanted to activly distribute the content, instead of just downloading it for your personal use? Ditribution is where the big fines kick in.
 
2012-06-13 05:51:45 PM
Curious Question: Suppose someone is downloading using bittorrents but blocks all connections from the US. Would US law or the law of the respective countries involved be invoked by the copyright holder?

/I would assume if you're uploading US law would be invoked as you're a source.
 
2012-06-13 05:58:03 PM
penguinfark: kobrakai: That's all well and good but if you're torrenting and at this point don't know how to hide what you're doing, you are an idiot.

Maybe a dumb question here, but any suggestions other than using Peer Block?


Usenet.
 
2012-06-13 06:19:37 PM
Detinwolf: Usenet

The first rule of Usenet is that you don't talk about Usenet
 
2012-06-13 06:48:29 PM
MurphyMurphy:
VPN tunnel is the only way to fly.


I have been looking for decent VPN provider. Can you provide a recommend?
 
2012-06-13 07:25:14 PM
penguinfark: kobrakai: That's all well and good but if you're torrenting and at this point don't know how to hide what you're doing, you are an idiot.

Maybe a dumb question here, but any suggestions other than using Peer Block?


iVPN. I suggest anyone interested take a look.

They are a pay service but you get unlimited access (time and bandwidth) as well as a nice selection of various countries to browse from.

They keep no logs and everything is anonymous.

I've been using them for over six months now without any problems and am considering getting an account for my Droid.
 
2012-06-13 07:42:33 PM
I got hit by a copyright troll (my motion got their subpoena quashed and the case was then dropped), but yeah, they just fire up an illegal torrent themselves and write down all the IPs on it. And that was one of my points: they alleged that my IP was present at something like 4:32:43 am on a Tuesday...not only would my computer have been off then, but it would have been hard to download a usable portion of "Booty Trouble 7" or whatever in that one second they claimed I was violating their copyright.

Also: the defendants were improperly joined as there's no direct relationship between torrent users and therefore no criminal conspiracy.

Also also: IP is not identity.

Also also: the IP you see is not necessarily the real IP.

Spending a week researching and crafting my motion, to have it work, felt great.
 
ZAZ [TotalFark]
2012-06-13 07:52:42 PM
Scrotastic Method: And that was one of my points: they alleged that my IP was present at something like 4:32:43 am on a Tuesday...not only would my computer have been off then, but it would have been hard to download a usable portion of "Booty Trouble 7" or whatever in that one second they claimed I was violating their copyright.

Your claim that your computer was off shouldn't be important at early stages of the dispute. It's a disputed question of fact: they say it was on, you say it was off.

Also: the defendants were improperly joined as there's no direct relationship between torrent users and therefore no criminal conspiracy.

Improper joinder seems to be the popular defense theory recently. When successful it really changes the cost-benefit analysis for the plaintiffs.
 
2012-06-13 08:21:28 PM
ShawnDoc: Ditribution is where the big fines kick in.

No one cares about leeches. Show me one court case where a person was targeted for downloading. They care about uploaders because they're the ones illegally distributing copyrighted works, which is what people get nailed on in regards to pirating.

/Leech
//No honor amongst thieves, er... pirates.
 
2012-06-13 08:30:47 PM
defiancecp: I'd guess something like the onion router would work, but it would be gratingly slow and quite strongly against the terms of service - and really, sucking up TOR bandwidth that could otherwise go to more positive anonymous activities so you can get your jollies on sexy-vids isn't very nice :)

You are quite mistaken. The EFF specifically warns against this, and explains exactly why it will not work. I mean you CAN run a torrent program over TOR, but you will accomplish nothing except slowing everything down and eating some TOR network bandwidth. The very nature of the bittorrent protocol gives away your IP address. It was designed to be as versatile as possible and keep operating even without tracking servers - at the cost of making anonymity impossible.

A seedbox based in a country that does not respect US court authority could save you, however. You download/upload directly to the seedbox, and it is the seedbox that connects to the swarm.
 
ZAZ [TotalFark]
2012-06-13 08:50:04 PM
Honest Bender

I heard of one downloader being targeted a few years ago, but I can't give a citation. It's at least rare enough not to worry about. You have a better chance of being run over by a bus.
 
2012-06-13 08:52:51 PM
ZAZ: Does Comcast get paid for responding to subpoenas? The company may have decided a one-time investment in an expensive lawyer would stop an endless stream of minor nuisances.

That's my thought, also.

Honest Bender: labman: Wait... I didn't think comcast did anything for the consumer?

They don't. You think it costs them zero dollars to respond to these requests?


It's a lot more expensive that it looks--because it's a lawsuit there's a ton of documentation requirements.
 
2012-06-13 09:29:44 PM
Oddly, those attorneys seem to have left out the biggest problem with these ISP fishing expeditions using the subpoena power of an officer of the Court. You can use 3rd party subpoenas such as these to obtain the information regarding potential fact witnesses for trial, but you can't just add the 3rd party witnesses as new defendants.

There's a bright-line rule that, before filing a civil complaint, you have to have done enough research to identify the defendants and be able to accuse them of a specific act. You can't just subpoena a records holder to get a list of people to sue.
 
2012-06-14 09:11:25 AM
Mulvad
 
2012-06-14 11:28:10 AM
Honest Bender: ShawnDoc: Ditribution is where the big fines kick in.

No one cares about leeches. Show me one court case where a person was targeted for downloading. They care about uploaders because they're the ones illegally distributing copyrighted works, which is what people get nailed on in regards to pirating.

/Leech
//No honor amongst thieves, er... pirates.


So what, set download speed to "max" and upload speed to "0"?
 
2012-06-14 04:12:01 PM
ZAZ: Improper joinder seems to be the popular defense theory recently. When successful it really changes the cost-benefit analysis for the plaintiffs.

There are lots of cases where it works, I found dozens when prepping my motion. Lots of judges like to sever Does 2 and all the rest, allowing the subpoena to move forward against Doe 1, and allow the troll the option to refile separately. They never do.
 
2012-06-15 08:44:40 AM
Scrotastic Method: I got hit by a copyright troll (my motion got their subpoena quashed and the case was then dropped), but yeah, they just fire up an illegal torrent themselves and write down all the IPs on it. And that was one of my points: they alleged that my IP was present at something like 4:32:43 am on a Tuesday...not only would my computer have been off then, but it would have been hard to download a usable portion of "Booty Trouble 7" or whatever in that one second they claimed I was violating their copyright.

Also: the defendants were improperly joined as there's no direct relationship between torrent users and therefore no criminal conspiracy.

Also also: IP is not identity.

Also also: the IP you see is not necessarily the real IP.

Spending a week researching and crafting my motion, to have it work, felt great.


I'm in the same situation right now and finding a lot of the same information you are describing here. The fact that you were successful greatly encourages me.

I'd love to hear more about how you fought it.
 
2012-06-15 04:22:38 PM
TheMikeP: I'm in the same situation right now and finding a lot of the same information you are describing here. The fact that you were successful greatly encourages me.

I'd love to hear more about how you fought it.


My motion was about 12 pages long: just write a really good research report, backed up with case law. Google will find you everything. Here's a good article that touches on the main points:

http://arstechnica.com/tech-policy/2012/05/furious-judge-decries-bliz z ard-of-copyright-troll-lawsuits/

Remember, two critical things: DO NOT USE YOUR REAL NAME. Because all they're after is your name so they can harass you. Identify yourself as you're ID'd on their list, "Doe Defendant #43" or whatever. And, you're not arguing that you didn't do it, that comes later, you're arguing that based on the evidence presented there's no way they could show that you did it (IP, identity, time) and that the suit is flawed since you can't join torrent users together (google "improper joinder").
 
2012-06-15 05:12:38 PM
Scrotastic Method: TheMikeP: I'm in the same situation right now and finding a lot of the same information you are describing here. The fact that you were successful greatly encourages me.

I'd love to hear more about how you fought it.

My motion was about 12 pages long: just write a really good research report, backed up with case law. Google will find you everything. Here's a good article that touches on the main points:

http://arstechnica.com/tech-policy/2012/05/furious-judge-decries-bliz z ard-of-copyright-troll-lawsuits/

Remember, two critical things: DO NOT USE YOUR REAL NAME. Because all they're after is your name so they can harass you. Identify yourself as you're ID'd on their list, "Doe Defendant #43" or whatever. And, you're not arguing that you didn't do it, that comes later, you're arguing that based on the evidence presented there's no way they could show that you did it (IP, identity, time) and that the suit is flawed since you can't join torrent users together (google "improper joinder").


Good to know -- thanks. I guess I'm not as clear on more of the procedural stuff, like how to properly cite cases and links, the format of the motion, as well as how to properly file it anonymously. I'll be asking some friends with legal experience, but first hand experience is also nice :)

I'm going for improper joinder and the problems with using an IP address as "evidence", too. I feel like I can get my point across in 5-10 paragraphs, so 12 pages seems like a lot. Did you have commentary on the example cases you provided? There seems to be a lot of legal precedent on my side, so I will definitely be referring to other squashed subpoenas I've found.

Thanks a bunch.
 
2012-06-15 07:36:24 PM
Put an email in your profile and I'll email you what I wrote. Probably save you your weekend, just change the names, docket, etc.

But no guarantees. I am not your lawyer, and am not in fact a lawyer at all.
 
2012-06-15 08:05:05 PM
Done.

Thanks a ton. I will rewrite it in my own words, but yes, this will help a lot.
 
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