RIAA DMCA Notices Based On Flimsy, Easily Falsified Evidence

from the and,-again dept

It's unlikely that this will come as a shock to, well, anyone, but it turns out that the RIAA (or companies RIAA members have hired) will blast off DMCA notices with extremely weak evidence (found via Torrent Freak). In fact, it's possible to do absolutely nothing wrong, but still get yourself a DMCA notice. Even worse, the article explains how to get someone else accused of unauthorized file sharing, even if they've done nothing of the sort. Basically, BayTSP, the company that RIAA members use to hunt down unauthorized file sharers online, sets up fake trackers for torrent files that pretend to be popular content. Then, BayTSP records the IP addresses of anyone who connects to the tracker even if they don't upload a thing (which you need to do to break the law). Of course, the RIAA has already been pushing the courts to suggest that simply making content available is the equivalent of distribution -- so perhaps they're hoping to also convince people that just connecting to a tracker is infringement. They could claim intent -- that no one would connect without intent to redistribute the content -- but as the original article notes, it's easy to trick people into connecting to the tracker, even if they have no intention of getting or distributing the file. Of course, now that it's clear how flimsy the basis is for some of these DMCA claims, perhaps judges will start pushing the RIAA to come to court with a little more proof in the future -- and if they can't, make them pay up on legal fees.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Reader Comments

Subscribe: RSS

View by: Time | Thread

  1. identicon
    Anonymous Coward, 8 Feb 2007 @ 1:01pm

    The new criminals of the 21st Century...

    1.) Posting copywritten material where it may be downloaded by someone else

    2.) Leaving your home unlocked so someone can easily enter and remove contents

    3.) Leaving items visible in your locked car thereby enticing someone to break window and remove said items

    Hanging's too good for them!

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here

Subscribe to the Techdirt Daily newsletter

Comment Options:

  • Use markdown. Use plain text.
  • Make this the First Word or Last Word. No thanks. (get credits or sign in to see balance)    
  • Remember name/email/url (set a cookie)

Follow Techdirt
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Discord

Introducing the new Techdirt Insider Chat, now hosted on Discord. If you are an Insider with a membership that includes the chat feature and have not yet been invited to join us on Discord, please reach out here.

Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it

Email This

This feature is only available to registered users. Register or sign in to use it.