IP address not legal evidence identifying file sharers

mrdataNY used our news submit to tell us: "I never could see how RIAA could prove who within IP address could be proved to have done "the deed"."

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For years, the RIAA has claimed that having the IP address of a computer that has shared unauthorized files is the equivalent of having the evidence of who was actually sharing files. That, of course, is false. The IP address simply can help you know who paid for the Internet access, but not who was using what computer on a network. In fact, this even had some people suggesting that, if you want to win a lawsuit from the RIAA, you"re best off opening up your WiFi network to neighbors.

It seems like this strategy might actually be working. Earlier this month, the inability to prove who actually did the file sharing caused the RIAA to drop a case in Oklahoma and now it looks like the same defense has worked in a California case as well. In both cases, though, as soon as the RIAA realized the person was using this defense, they dropped the case, rather than lose it and set a precedent showing they really don"t have the unequivocal evidence they claim they do.

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Whereas it would be nice to be off the hook as they say, if the RIAA cannot simply point to the individual paying for an Internet connection, as the one responsible for all activity, I certainly would think twice before opening up my wireless network to the neighborhood.

Certainly, the case in Oklahoma against a mother, who personally did not download any
files, but rather her children were file-sharing was dismissed. Or at least the
RIAA was allowed to withdraw it's complaint against the mother. This was a
result of the RIAA learning of the mother intention to file a summary
judgment motion dismissing the case. In addition, she was going to ask for the
RIAA to reimburse her for her legal fees! 

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These type cases are ones that indicate that at least in some situations, it is possible to fight the charges and win. It has always been quite alarming, when the RIAA has used the law to punish parents for actions taken by their minor children. Maybe we can hope to see an end of these type cases.

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Source: Tech Dirt

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