Being a leecher -- usually a badge of shame -- may be one man's savior
An unnamed German eDonkey2000 user found himself in the
crosshairs of one of Germany’s anti-P2P watchdogs, and was presented with
copyright notice that demanded he pay 700 euros for making music available for
download. But there’s a catch: his ED2K client was tweaked to block all attempts
at uploading back to the network, using a so-called “leecher” or “zero-upload”
mod.
According
to TorrentFreak via German publication Heise
Online (English),
the unnamed user’s client reported an uninterrupted uptime of 924 days – over two
and a half years – while maintaining a total upload count of 0 bytes. Despite
this, German anti-P2P firm Media Protector is demanding €700, based off of evidence
gathered in October 2007 that claims the man uploaded movies and pornography.
Media Protector asserts that its claims are accurate, and
that the evidence it holds was approved by “sworn computer experts.”
The unknown German’s plight adds yet another entry to the
long list of stories containing users who feel they are unfairly targeted by
the content industry’s enforcement machine. In the United States, cases of
supposedly mistaken identity can go both ways: disabled mother Tanya Anderson won
almost $110,000 in attorney’s fees from the RIAA last May after it
falsely accused her of downloading gangster rap under a username she'd never
heard of. Minnesota-based single mom Jammie Thomas, however, was ordered
to pay the content industry $222,000 after fighting claims that she let 24 songs,
out of a total of 1,700, be “available” for download to other users over the
KaZaA P2P network – but lucky for her, the judge of that case is considering a retrial due
to a flawed
jury instruction.
While anti-P2P companies such as Media Protector or
U.S.-based MediaDefender are generally tightlipped about their tactics – a sticking
point that has many calling for increased transparency – the internet gained
deeper insight into the minds behind MediaDefender after hackers
leaked a crippling amount of internal data to the internet lasty year, including complete
e-mail archives and the source
code to nearly all of the company’s antipiracy technologies. While
MediaDefender’s role is not exactly analogous to that of Media Protector – the U.S.
equivalent would likely be SafeNet/MediaSentry
– one could easily argue that the zeal
reflected in MediaDefender’s e-mail leaks is applicable of the entire
anti-P2P industry, given
current evidence.
Unfortunately, the Heise Online article is sketchy with
details, so it’s hard to know who’s really right. A lot hangs in the balance of
cases like this, however: France will soon kick file-sharers off the internet if
they’re caught pirating three times, and the content industry throughout
the world seems to be sparing no expense in its quest to expedite the process against
those deemed as pirates. I predict a future where a handful of truly innocent,
internet-less users start fighting back, dragging the content industry and its
loose trigger fingers even deeper through the legal mud – and bringing a swift
judicial end to its antics.
In a world where one’s
internet can be disconnected due to legal accusations that defendants have little chance to contest – the RIAA thinks it shouldn’t
even have to prove infringement, due to the difficulty of collecting
evidence in a system relying on mass lawsuits – users are quickly finding
themselves on the business end of a legal cannon that carries little regard for who’s right. Regardless of whether or not the target-of-the-day is an unwitting innocent, or
guilty as sin; are you sure that’s where we want to be?
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