Full Disclosure mailing list archives

Re: DMCA letters (testing method)


From: Harry Hoffman <hhoffman () ip-solutions net>
Date: Wed, 23 Nov 2005 18:39:02 -0500

We have this problem quite frequently. Get a DMCA notice... start doing
lookups for the violator only to find out that there is no flow data for
the IP and time period.

Sometimes we will receive a letter a few days later to the effect
"Sorry, we made a mistake. The IP we wrote you about doesn't seem to be
sharing".

Perhaps someone is actually checking, just not doing a very good job of it?

--Harry

Michael Holstein wrote:
I'm not sure who is doing the data collection for the RIAA these days,
but after getting several DMCA notices in the last few days, I've
noticed that there is never any connection attempts to the IP mentioned,
during the time mentioned (and yes, I know how to do the math on
timezones).

So I conclude the data collection process goes like this :

1) download something and listen to it.
2) retrieve the hash value for the file
3) search directory nodes for who offeres that hash
4) collect the IP addresses
5) provide list to monkeys in room with typewriters.

So they never really *check* to see if the person accused is really
hosting file, they just trust what the directory server told them.

This of course begs the question :

How can they ask me to take down something they aren't sure is there?

(nevermind that we're a 'provider' under the DMCA and ignore the
requests unless it's on something we own rather than provide transit to
-- since it's always residence hall IPs).

When they actually go the distance and sue somebody, do they at least
check then?

Cheers,

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