full-disclosure - DMCA letters (testing method)

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Date: Wed Nov 23 23:39:14 2005
From: hhoffman at ip-solutions.net (Harry Hoffman)
Subject: DMCA letters (testing method)

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,
>