full-disclosure - Re: Case ID 51560370 - Notice of ClaimedInfringement

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Message-ID: <4256AC2C.7010905@sdf.lonestar.org>
Date: Fri Apr  8 17:07:19 2005
From: bkfsec at sdf.lonestar.org (bkfsec)
Subject: Re: Case ID 51560370 - Notice
	of	ClaimedInfringement

Jason wrote:

>
> My point is that all you have to do is provide content they do not own 
> but do download or attempt to download for this test to fail. Simply 
> the existence of content with an advertised hash and name that is the 
> same as other content does not prove they own the content or that it 
> is even there. The act of downloading the content they think they own 
> but in fact do not is a violation of the same law they are attempting 
> to get you with.
>
Interesting.

I like that idea.

Craft a file with the same hash, time+date stamp and size, and be sure 
to include a program and license disclosure for a program that you 
wrote.  Do something to gain the attention of the BSA, share the file, 
and when they download it, sue them for copyright violation, demanding 
royalties for the software they possess.

Now, there's a rub:  putting the file up on a P2P network could be 
considered willful distribution and, as such, could invalidate the 
claim.  However, misconfiguring your software might get you around that.

You might still lose for a number of reasons, not the least of which is 
that on a good day, the courts are supposed to mediate these issues, not 
award damages by default... and on a bad day the court just becomes a 
tool of corporate assault on the consumer.  Let's face it, lately the 
courts and legislature (not to mention the executive) have been more 
favorable to big business than to consumers and small-time producers.

             -Barry