shstrang
join:2003-01-10
West Monroe, LA
| reply to cyberthugin
Re: From Music to Movies
Okay. So since I don't use file trading services, I have a hardware firewall and I do share out files inside my home network, then how can anyone see those files unless they have hacked into my network thus already breaking the law?
Please answer me this. |
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draven
Premium,Mod
join:2002-02-20
my bunker
Host:
General Questions
No, I Will Not Fix..
| said by shstrang  :
Okay. So since I don't use file trading services, I have a hardware firewall and I do share out files inside my home network, then how can anyone see those files unless they have hacked into my network thus already breaking the law?
I believe the law takes into assumption the perpetrator is using a P2P service and therefore is openly displaying the files to the world. Otherwise you are correct, they would have to use shady tactics to get into your machine.
--
"They don't go to school to be taught what balls not to touch." - Moises Alou, Chicago Cubs outfielder and unwitting gay rights sympathizer |
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Alkyl Carbo-Methyl D
@golden.net
| reply to shstrang
They might be able to get the people who are downloading without hacking in. The people who are downloading with P2P are usually sharing the bits that they've already got, and the client will usually let other clients know what they're looking for and what parts they have to keep downloading.
For people who have hidden their share directories, unless you've disabled sharing altogether, if a specific download request is made, it will be acknowledged. It doesn't take much to infer that it's the suspect file if the name looks right.
Or, they could do what they've been doing, which is pronounce anyone using P2P software as evil, and come after them with lawyer propaganda leaflets. Most people wouldn't know that they've got nothing. It's a bit like if the police went around and pasted a "we know you sell drugs and we're going to raid you, surrender and we'll go easy on you" notice on every house with a steel reinforced front door and a dog. The people who know they're innocent will toss the note and it will PO a lot of people, but the people who actually are selling the dope might freak and start flushing stuff or surrendering.
In my exagerated example, obviously, the police couldn't raid everyone on their made up hitlist with what they've got without a $#itstorm. Steel door + dog isn't enough grounds for a search, except maybe in Soviet Russia, but the people served with the notices don't know that's all the "evidence" at this point. |
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ctceo
Premium
join:2001-04-26
South Bend, IN
clubs: | Patriot Act People, Patriot Act. Don't forget they do not even need probable cause anymore, and since it is federal law, and a separate Court that handles the warrants, they can pretty much pass out freebies! |
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SeVere
join:2001-01-06
Chicago, IL
| Just to be a devil's advocate here, seeing a file with the name of an unreleased movie in a shared folder, would be probable cause. Probable cause is the belief to a reasonable person that a crime has or is occurring or is about to occur. I being reasonable, if the law says an unreleased movie in a shared folder on a p2p program is a felony, then a person seeing a file named after an unreleased film in a p2p, would believe that file to be the unreleased movie, hence probable cause. It is not a finding of guilt, but would be probable cause. Just like having a big bag of flour packaged like a kilo that says Cocaine on it would be probable cause. |
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ctceo
Premium
join:2001-04-26
South Bend, IN
clubs:
 ·magicjack.com
 ·AT&T U-Verse
 ·Comcast
 ·AT&T Midwest
 ·HughesNet Satellit..
| What if that file is named so, for example if I'm at home or school working on an essay, debacle, report, summary, or other form of educational document, maybe even a parody film, and I decided to name it the films name just because it was easy to remember? What if I'm preparing to write this essay and have pre-screening tickets (which I often get), and am going to get to see and review the movie before it's release, and share with other people my review of the screening using p2p? What if I'm just compiling a list of Upcoming movies, and for review sake, I'm making it a video review? |
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SeVere
join:2001-01-06
Chicago, IL
| Well, if it were only a list it would be a kind of text file and not a video file. Same with the review. A reasonable person working on a parody film, would not share it via p2p because they are concerned about finishing the film without their idea being hijacked and someone else finishing the work before they do. Therefore, all of your concerns would not diminish the probable cause that existed. Any of your issues would be made issues at a later court hearing and not diminish any probable cause that existed. To be a devil's advocate again, what if I was a baker, and I loved to carry my flour packaged like a kilogram of cocaine and labled it cocaine, because i found it funny and amusing. Would that diminish probable cause? The answer is no. |
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