Tracking the Trackers has some interesting points that directly affect the previous post – the one where lawyers from a firm are suing thousands of people in a process that would be called extortion if done by your or me.
Here is what LordJames said on a message thread at Ars Technica:
Here’s some hilarious food for thought, some guys at the University of Washington did a study on how easy it is to frame people for copy write infringement and how common false positives are.
They “were able to generate hundreds of real DMCA takedown notices for computers at the University of Washington that never downloaded nor shared any content whatsoever”.
The best part? They managed to create 9 false positives, with take-down notices, sent to the IP address of printers.
False positives are a big part of what can happen with a P2P network. It would make it a lot easier to quash a subpoena if this point was brought up. Doing a fishing expedition may seem a lot different to the courts with a lot of innocent people caught up in the nets.
People believe that if they have the data to link you to this crime, you have to be guilty. The computers do not lie. But, as shown in the paper, all sorts of innocent devices can get caught up in this P2P network, ones that never downloads any of the relevant information.
Seems to me something like this paper would of real value in court. Or perhaps simply paying a lawyer to write a really good lawyer letter back, citing this paper and others, might simply indicate that you will be more trouble than you are worth.