No joke...MPAA sends DMCA notice to laser printers

[David Farber <dave () farber net>]

________________________________________
From: Richard Forno [rforno () infowarrior org]
Sent: Thursday, June 05, 2008 10:19 PM
To: Infowarrior List
Cc: David Farber
Subject: No joke...MPAA sends DMCA notice to laser printers

...you can't make this stuff up.  Article has inline links to the
studies cited.  --rf


The Inexact Science Behind DMCA Takedown Notices

By Brad Stone

http://bits.blogs.nytimes.com/2008/06/05/the-inexact-science-behind-dmca-takedown-notices/index.html

A new study from the University of Washington suggests that media
industry trade groups are using flawed tactics in their investigations
of users who violate copyrights on peer-to-peer file sharing networks.

Those trade groups, including the Motion Picture Association of
America (M.P.A.A.) Entertainment Software Association (E.S.A.) and
Recording Industry Association of America (R.I.A.A.), send
universities and other network operators an increasing number of
takedown notices each year, alleging that their intellectual property
rights have been violated under the Digital Millennium Copyright Act.

Many universities pass those letters directly on to students without
questioning the veracity of the allegations. The R.I.A.A. in
particular follows up some of those notices by threatening legal
action and forcing alleged file-sharers into a financial settlement.

But the study, released Thursday by Tadayoshi Kohno, an assistant
professor, Michael Piatek a graduate student, and Arvind
Krishnamurthy, a research assistant professor, all at the University
of Washington, argues that perhaps those takedown notices should be
viewed more skeptically.

The paper finds that there is a serious flaw in how these trade groups
finger alleged file-sharers. It also suggests that some people might
be getting improperly accused of sharing copyrighted content, and
could even be purposely framed by other users.

In two separate studies in August of 2007 and May of this year, the
researchers set out to examine who was participating in BitTorrent
file-sharing networks and what they were sharing. The researchers
introduced software agents into these networks to monitor their
traffic. Even though those software agents did not download any files,
the researchers say they received over 400 take-down requests accusing
them of participating in the downloads.

The researchers concluded that enforcement agencies are looking only
at I.P. addresses of participants on these peer-to-peer networks, and
not what files are actually downloaded or uploaded—a more resource-
intensive process that would nevertheless yield more conclusive
information.

In their report, the researchers also demonstrate a way to manipulate
I.P. addresses so that another user appears responsible for the file-
sharing.

An inanimate object could also get the blame. The researchers rigged
the software agents to implicate three laserjet printers, which were
then accused in takedown letters by the M.P.A.A. of downloading copies
of “Iron Man” and the latest Indiana Jones film.

“Because current enforcement techniques are weak, it is possible that
anyone, regardless of sharing content or using BitTorrent, could get a
D.M.C.A. takedown notice claiming they were committing copyright
infringement,” said Mr. Piatek.

In their paper, the researchers argue for greater transparency and
public review of Big Media’s intellectual property enforcement actions.

“Our study scientifically shows that flaws exists,” said Mr. Kohno, an
assistant professor in the university’s Computer Science and
Engineering department. “It’s impossible to prove that other flaws
don’t exist, especially since current industry practices are so
shrouded in mystery. Ultimately, we think that our results should
provide a wake-up call for more openness on the parts of content
enforcers.”




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