Activity Stream
48,167 MEMBERS
61086 ONLINE
besthostingforums On YouTube Subscribe to our Newsletter besthostingforums On Twitter besthostingforums On Facebook besthostingforums On facebook groups

Page 3 of 3 FirstFirst 123
Results 21 to 22 of 22
  1.     
    #21
    Member
    Quote Originally Posted by justpeace View Post
    Yes, but in a criminal case guilt must be proven beyond a reasonable doubt. And in this case it means that it must be proven that the owner of the forum is himself both the uploader and poster of the links.
    Just a "admission" without more on a forum does not constitute proof.
    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.
    I seriously doubt Djboutit has went through the trouble of registering himself as a DMCA Agent. Unemployed wannabe DJs living at home rarely dot their 'I's or cross their 'T's. But his admissions/posts made on this forum as well as the many others (the ones he hasn't been already banned from that is) would help craft a beautiful narrative of a copyright infringer who thinks he's under the radar. It would be so easy to make an example out of him.

  2.     
    #22
    Member
    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.
    An IP address does not necessarily identify an infringer. An IP address may lead to a VPN overseas, a residential connection or a household with an open WIFI.

    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.

  3.   Sponsored Links

Page 3 of 3 FirstFirst 123

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Similar Threads

  1. [Hiring] Need a bypass script for....
    By Scientyst in forum Completed Transactions
    Replies: 2
    Last Post: 9th Jan 2012, 10:17 PM
  2. ScriptMafia Bypass
    By DeLeTeD in forum Tutorials and Guides
    Replies: 27
    Last Post: 5th Jun 2011, 01:37 AM
  3. Fortiguard bypass
    By karna in forum Technical Help Desk Support
    Replies: 1
    Last Post: 4th Jun 2011, 02:05 PM
  4. DMCA Discussion Should I register @ DMCA
    By KonnectPlus in forum Webmaster Discussion
    Replies: 4
    Last Post: 2nd Apr 2011, 01:46 AM
  5. Replies: 21
    Last Post: 22nd Jul 2010, 09:26 AM

Tags for this Thread

BE SOCIAL