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30th Aug 2012, 06:50 AM #21Member
DMCA 512h subpoena would easily show who uploaded the materials. Copyright infringement is rarely a "criminal" case unless you're talking a large scale operation. This would be a civil suit, and it would be part of the discovery phase to file a 512h subpoena with the filehost.
And what if the forum doesn't keep logs? There is no legal requirement to keep logs.
However, in order to qualify for the DMCA safe harbor, the service provider must have a registered DMCA agent. It requires filling out some paperwork, and paying a onetime fee.
And to the other poster, yes a forum may qualify for the DMCA safe harbor provided that it has a registered DMCA agent.
Whether links may infringe copyright is really an open question.
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30th Aug 2012, 02:36 PM #22MemberDMCA 512h subpoena would easily show who uploaded the materials. Copyright infringement is rarely a "criminal" case unless you're talking a large scale
operation. This would be a civil suit, and it would be part of the discovery phase to file a 512h subpoena with the filehost.
So legally you are wrong, a subpoena to the file host would likely only yeeld the IP of the uploader, a port number, timestamp and a MD5 hash. Of course, if the uploader is not so bright, he will have uploaded the file to his own premium account leaving a fat payment trail, but a subpoena to a filehost is no more likely to identify the actual infringer than a subpoena to an ISP in a torrent lawsuit.
A smart uploader wont be caught by a simple subpoena to the file host. Use a multihop VPN paid for with bitcoin, and only upload to an anonymous free account, and you are almost though not completely safe.
Why are you spreading fut?
If it's so easy to catch file sharers, SOPA wouldn't be necessary.
Now, the poster may well be the low hanging fruit for admitting his primary copyright infringement, but it's incorrect to assert that a DMCA 512 subpoena will "easily" show who uploaded something to a filehost.
This is not so, at least not as long as an IP does not equal a guilty person.
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