Re: How much latency do you add to torrents?

On Sun, 15 Dec 2024, Oliver wrote:

> 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.

Ahh, so that's how it works!

> 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

Very interesting. Thank you very much for the links.