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IP: Dave Farber's Affidavit
From: Dave Farber <dave () farber net>
Date: Sun, 18 Aug 2002 17:57:36 -0400
Prior to taking the task on, I checked their web site, sent email to their address (which bounced) and in general tried to contact them. There was no contact info that did not seem false. I seriously doubt that this was just the RIAA trying to make a case. They said they tried (I believe to the judge) and to me and I tried. After the filing, lots of things changed at their site -- like their whole site so damn if I know what they did when . But my first contact was with what strongly appeared to be a site that attempted to hide who did it. Call it as you will. Dave ------ Forwarded Message From: Randall <rvh40 () insightbb com> Date: Sun, 18 Aug 2002 13:33:30 -0400 To: Dave Farber <dave () farber net> Cc: David Chessler <chessler () usa net> Subject: Fwd: Re: [CYBERIA] Dave Farber's Affidavit Now THIS is interesting! ---------- Forwarded Message ---------- Subject: Re: [CYBERIA] Dave Farber's Affidavit Date: Sun, 18 Aug 2002 14:03:27 -0400 From: "Peter D. Junger" <junger () SAMSARA LAW CWRU EDU> To: CYBERIA-L () LISTSERV AOL COM Stephen Satchell writes: : At 11:23 PM 8/17/02 -0400, Randall wrote: : Excerpt from Dave Farber's Affidavit as posted by Randall (thank you!) : : >4. Defendants can block access to the Listen4ever Site in : > order to prevent copying and distribution of Plaintiffs¹ protected : > material by programming their routers to: (1) direct all traffic : > addressed to Listen4ever¹s ASN to an alternate site notifying them of the : > block, or (2) direct all traffic addressed to Listen4ever¹s IP addresses : > or IP blocks to an alternative site notifying them of the block. As it : > may be possible for Listen4ever to change its IP address, any injunction : > should also provide that if Listen4ever does so, then the new IP address : > shall also be blocked after notification is given to Defendants. : : That works find if and only if the Listen4ever's server holds a single Web : site, and not a name-based multi-site Web server. If the latter, the : mechanism as suggest by Farber is over-broad in denying access to ANY site : on the server, and not just the one that is infringing on copyrights. : : I gave some technical details in a prior note -- if anyone missed that and : needs to learn about this, try reading RFC 2616 section 19.6.1.1 for a : summary, and other sections describing the "Host:" header line for details : and rationale. : : That said, I finally got a response from the listen4ever.com server...and : it's an "Under Construction" page. I didn't have time to delve further to : see if there are any unlinked directories. I did invoke the page using the : absolute IP address and got what appears to be the identical : under-construction page, so Mr. Farber didn't stub his toe on advice that : would result in overbroad behavior. : : Satch That under construction web page is all that is there now, so if the injunction were issued it would have the effect of blocking a pervectly legitimate web site. It seems that as soon as the word about the suit got out to the appropriate people in China, the offending web site was removed. This strongly suggests that all the plaintiff's had to do was notify the appropriate people of their complaint, and that that would have solved the problem. The appropriate people being the Chinese authorities, the Chinese internet service provider, the Australian registrar, or the people who answer the phone or receive mail at the phone numbers and addresses included in the contact information. It seems apparent that the plaintiffs' lawyers avoided contacting any of the appropriate people in hopes of getting an injunction (and precedent) against the U.S. backbone service providers. I don't think that I've ever seen a stronger case for Rule 11 sanctions. Here is the whois information for list4ever.com. If this has not been changed since the suit was filed, then it is clear that the plaintiffs had all sorts of ways to get the page removed without involving the U.S. backbone suppliers. They apparently did not try to contact anyone. They just claimed that the e-mail address for the adminkstrator was a yahoo email adress. (They apparently did not even try to send e-mail to that address.) [junger@pdjunger junger]$ whois listen4ever.com [whois.crsnic.net] Whois Server Version 1.3 Domain names in the .com, .net, and .org domains can now be registered with many different competing registrars. Go to http://www.internic.net for detailed information. Domain Name: LISTEN4EVER.COM Registrar: MELBOURNE IT, LTD. D/B/A INTERNET NAMES WORLDWIDE Whois Server: whois.melbourneit.com Referral URL: http://www.melbourneit.com Name Server: DNS2.HICHINA.COM Name Server: DNS1.HICHINA.COM Updated Date: 08-jan-2002
Last update of whois database: Sun, 18 Aug 2002 04:55:02 EDT <<<
The Registry database contains ONLY .COM, .NET, .ORG, .EDU domains and Registrars. [whois.melbourneit.com] Domain Name.......... listen4ever.com Creation Date........ 2002-01-09 Registration Date.... 2002-01-09 Expiry Date.......... 2003-01-09 Organisation Name.... Jun Sun Organisation Address. No.15 Xinghua yizhi road. Organisation Address. Organisation Address. tianjin Organisation Address. 300381 Organisation Address. Tianjin Organisation Address. CHINA Admin Name........... kery crise Admin Address........ Rotterdam-Maasvlaktee Europaweg Admin Address........ Admin Address........ Rotterdam Admin Address........ 223211 Admin Address........ Rotterdam Admin Address........ CHINA Admin Email.......... yourlisten4ever () yahoo com Admin Phone.......... (31)10-2217741 Admin Fax............ 31)10-2217752 Tech Name............ luo qiang qiang Tech Address......... Linguo beilu Tech Address......... Tech Address......... Lasa Tech Address......... 223211 Tech Address......... Xizang Tech Address......... CHINA Tech Email........... sfp () eyou com Tech Phone........... (86)0891-63322444 Tech Fax............. (86)0891-63322444 Name Server.......... dns1.hichina.com Name Server.......... dns2.hichina.com -- Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH EMAIL: junger () samsara law cwru edu URL: http://samsara.law.cwru.edu NOTE: junger () pdj2-ra f-remote cwru edu no longer exists ********************************************************************** For Listserv Instructions, see http://www.lawlists.net/cyberia Off-Topic threads: http://www.lawlists.net/mailman/listinfo/cyberia-ot Need more help? Send mail to: Cyberia-L-Request () listserv aol com ********************************************************************** ------------------------------------------------------- ------ End of Forwarded Message For archives see: http://www.interesting-people.org/archives/interesting-people/
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