Re: How much latency do you add to torrents?

On Sat, 14 Dec 2024 13:12:01 +0100, D <[email protected]> wrote 

>> I'm no lawyer so don't bring this thread to your next deposition, but the
>> way I understand it is that the prosecution needs to prove you (and only
>> you - not someone in the house whom they don't know) *distributed* the
>> entire copyrighted movie, in its near entirety, to a person or persons.
> 
> This is an interesting question, given that a lot of internet connections 
> are household connections. I assume that the legal eagles get past this by 
> simply shifting liability to the owner of the internet connection in case 
> of trying to pin point exactly who it is in the household who committed 
> the crime. But if in the US, they need the specific person, I can see how 
> this might make things a bit more complicated.

I've read a dozen or so USA legal cases over time on torrenting and *all*
of them require the person *distributing* the torrent to be identified.

Not the ISP. Not the person who pays the bill. Not the people in the house.
Not the cat. Not some guy sitting in a car outside the house. Nobody else!

In the USA, copyright infringement of this type has to be proven beyond a
doubt (by the judge or jury) to have been done by a specific named person.

This is exactly why the DMCA sends letters to the ISP who then forwards
those letters to the person paying the bill and leaves it at that.

It's up to the person paying the bill to act on those DMCA letters.
Or not.

Depending on the jurisdiction and type of infringement, there are up to
about a half dozen elements in the USA which *all must be proven* to
satisfy the claim on copyright infringement and identifying the person is
not even *one* of them because that's a right afforded to everyone on the
USA on all crimes.

https://fairuse.stanford.edu/law/us-code/u-s-copyright-act/copyright-infringement-and-remedies/
https://www.minclaw.com/elements-copyright-infringement/
https://www.fourriverslaw.com/blog/2024/elements-of-copyright-infringement/
https://www.law.cornell.edu/wex/infringement_%28of_copyright%29