Re: RIAA Notices (what do they notice?)

[Willis Marti <wmarti () TAMU EDU>]

Scholz, Greg wrote:
> I think your right and the report is confused...but I think we have
> all looked at this as a "we believe" rather than a confirmed
> situation.

Not the way I read it. Quoting (lots of samples to chose from):
> We believe a user's account on your network was used to reproduce
> and/or distribute unauthorized copies of one or more copyrighted
> sound recordings.  We have attached below the details of the
> infringing activity.
 This is a stronger assertion than saying something *may* happen. This
alleges it did happen.

> We have a good faith belief that this activity is not authorized by
> copyright owners, their agent, or the law. We are asking for your
> immediate assistance in stopping this unauthorized activity.
> Specifically, we request that you remove or disable access to the
> infringing sound recording.
The good faith belief only comes in concerning whether it was/is an
authorized activity.

> -----Original Message----- From: The EDUCAUSE Security Constituent
> Group Listserv [mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of
> Bob Bayn Sent: Tuesday, May 06, 2008 11:16 AM To:
> SECURITY () LISTSERV EDUCAUSE EDU Subject: Re: [SECURITY] RIAA Notices
> (what do they notice?)
>
> rick.holland () UTDALLAS EDU wrote:
> > Anyone see this? Mysterious Multiplication of Copyright Complaints
> >  http://insidehighered.com/news/2008/05/06/riaa
>
> A statement in the article led me to doubt what I thought I
> understood about this whole process.  Please help me out.
>
> "college technology experts - lacking an explanation from industry
> officials for the upturn - suspect that the recording industry has
> altered the standards it uses to allege illegal behavior, targeting
> not only instances in which computer users have actively shared music
>  illegally, but instances in which they have stored downloaded music
> in a folder visible to other users, opening the way to a potential
> violation."
>
> I was always under the impression that the RIAA et al complaint
> alleges that the music is _available_ for download as detected by
> their (automated?) implementation of the same p2p protocol and not
> that they were documenting an actual unauthorized downloading (with
> the possible exception of their own download of the discovered file).
>  I was not aware that they ever had any means of detecting, as a
> third party, any actual downloading actions between other parties.
>
> Am I confused or is the reporter?


--
Cheers,
 Willis Marti
 Director & CISO
 Networking and Information Security
 Texas A&M University