RE: [dvd-discuss]Reasonable or is it a Good Faith Belief ala DMCA

["juergen + barbara" <jmhoraze(at)compuserve.com>]

... and that's why RIAA is filing subpoenas;  each assigned dynamic IP is
associated and logged with username and date/time at the ISP servers.

Of course, the burden of proof lies then on you as the defendant.  And how
will you proof you are innocent?  They can haul in your PC with all the data
and start looking and fishing for evidence to make their case.  You can
claim the log file should show any activity you are accused of; but then
they will counter: what log file; and if the log does not show your file
sharing of copyrighted titles that would not proof you didn't do it!

(Quite similar to the "Patriotic Acts", come to think of it: guilty until
proven innocent; and then, again, you must be guilty somehow, otherwise you
wouldn't be accused by the industry or the administration in the first
place! Right?  Somehow a scenario it reminds me of the novel and movie
"Brazil" -- which was somehow inspired by the methods of the GeStaPo in the
Thrid Reich.)


Enjoy,
   jm.




-----Original Message-----
From: majordomo-owner@eon.law.harvard.edu
[mailto:majordomo-owner@eon.law.harvard.edu]On Behalf Of
microlenz@earthlink.net
Sent: Samstag, 05. Juli 2003 14:31
To: dvd-discuss@eon.law.harvard.edu
Subject: [dvd-discuss]Reasonable or is it a Good Faith Belief ala DMCA



This afternoon my dial in internet connection was getting whacked by some
KAZAA
user (64.83.13.124 mostly and his cronies there about). Presumably someone
used
my previous IP address for KAZAA activities. So what if the RIAA and MPAA
suddenly discover that someone has been polling me using KAZAA and decides
"if
he's being asked for KAZAA info he must have some!" get Jack and the
Internet
Jackboots out there immediately. The facts are that I am not. My firewall
has
been rejecting the over 400 incoming packets. I got tired of the the whole
thing and disconnected and reconnected. Now I only have had one Bozo's
NETBIOS
request.

SO the question is what constitute or should a good faith belief under the
DMCA. WE all know about DNS and all that and it's pretty obvious what's
happened. SO it is unreasonable that given the KAZAA requests I have turned
away that I am engaged in P2P but should ignorance by the RIAA and MPAA
legal
staff of technical matters constitute "good faith"?