A few months back, we mentioned a situation in Australia where the music industry's private police force got to raid an ISP, claiming that it was allowing BitTorrent-based illegal file sharing. What was odd, at the time, (beyond letting the recording industry raid another private business) was that it seemed like it should be the customers of the ISP who were sharing the files that should be responsible, rather than the ISP itself. Well, it's still murky, but a few more details are seeping out. It appears that the recording industry also is trying to accuse two of the ISP's sysadmins of being guilty of this as well. While a lower court said that the sysadmins couldn't be accused separately, a new judge has changed that ruling. Basically, it sounds like the recording industry sent these sysadmins typical "takedown" notices, and the sysadmins ignored them. However, what makes these even stranger, is that the recording industry says the two of them: "treated the infringement notices like spam." If that's the case, then it sounds like the industry only sent email notices -- so it would be quite hard to prove that the sysadmins actively ignored them (or even saw them). In fact, it's quite possible that it wasn't the sysadmins who treated the messages as spam, but the spam filters they used. So, perhaps, the real culprit in this whole mess is the spam filter. We expect the recording industry to take the spam filter to court shortly, as well.
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