A Decent Fight!!!

[method]

You use FastTrack network, yeah??.. okay....

kewl..

Do you give MediaForce, TSPBay, etc., permission to access your personal computer in their data-mining operations, especially if you are acting as a supernode??

Of course not.. all of their evidence is gained through deception, if you act as a supernode, you only expect legitimate fasttrack user to access your computer.. you thought they were just another fasttrack user.. they're not.

Also, as a person sharing a file.. if the filesize and filename match that of an illegitimate file.. how do they know..

1. That anyone has acutally downloaded the full file and that you have irrefutably contributed to copyright infringement.

2. That the file isn't acutally a anti-piracy-hobbyists attempts at polluting these networks (like OverPeer)????

I might be fucking miles off.. but I still think we have a point. Unless MediaForce have specific permission from those supernodes which were accessed to data-mine information to use that information in a way that is not expected, is this invasion of the supernodes privacy and deception in an attempt to gain evidence..

If so.. it would make evidence inadmissable in court (evidence gained through deception). As well as this.. we also have the 'theft of service' argument, MediaForce have used YOUR (Fastrack users) bandwidth in their efforts to gain information, DID YOU GIVE THEM PERMISSION TO DO THIS???

DID YOU ONLY ANTICIPATE CONNECTIONS FROM GENUINE FASTTRACK USERS, where you given any indication or warning from the likes of MediaForce that they would acess your personal property in order to gain evidence against other FastTrack users???

So what's the score.. where do we stand and can we bring a massive case against these companies for invasion of privacy.. starting off with access to supernodes??

I'm just curious.. I'm sure there are laws, loopholes and ways we can throw shit back in these companies faces.

Any soliticors on ZP???

[klimt da man]

Not a solicitor, but a law stu, Method. Been around the legal scene a bit, though. Interesting idea.

Not sure how the Supernode angle fits in, really. As for the "it's just what the file was called, your honour" argument, I have my doubts. Judges are thinking people who generally have seen a lot. People get away with stuff on technicalities far less often than one would imagine from their local tv courtroom drama. By and large, the law is written to be flexible, so the courts are not handcuffed in this way. (one of my favorite, sometimes least favorite, things is to hear people talk about what the law says they can and can't do. it's seldom that black and white)

Your legitimate vs. illegitimate use of fasttrack for gathering evidence may have some merit to it, though. Expectation of privacy has been a successful ground for exclusion of evidence in the past. It's seen the same sort of common-sense limitations that I've been talking about, however, once it gets into a judge's hands. Talking at home on my phone, do I have reasonable expectation of privacy? Yes. So without a warrant, that phone tap is toast. With a warrant, my expectations don't matter. But on a public payphone, or on a cellphone -- and it's common knowledge that those signals can be intercepted -- that *reasonable* expectation of privacy vanishes. So I do have my doubts about a P2P system offering a reasonable expectation of privacy. Nature of the beast. We're dealing with strangers. Didn't expect one of them to be a cop? Too bad. It's also worth noting that, while the authorities can't use illegal means to gain evidence, there's nothing stopping private citizens from turning over illegally obtained evidence, as long as the court doesn't think the citizen is acting as a pawn. So if I break into your house and find out that the place is a heroin lab, I can turn you in and bingo, doesn't matter that had I not broken in the police wouldn't have known. So there's nothing stopping a legitimate P2P user from ratting out anyone and everyone involved.

Nice thinking, though. Keep it up. There may be something.

Personally, I'd like to see a new economic model for the arts industry. I know -- easier said than done. But I'm not one of these people who say "yeah, stick it to the man" when I download a file. I certainly expect a paycheque after my two weeks work, and every "anarchist" I've met does, too. I'm not trying to bring the system down, and I'll happily buy anything I like and want to support. But there have to be limits. I don't want to see P2P simply turned into another economic enterprise. If it takes some interesting legal arguments to prevent that, then lets get brainstorming.

[iq214]

yes yes youre both on to something and thats why I should tell you, I act as a supernode and I have logs of all ips going through and what files they are getting from others, searches included too so you cant claim acting in good faith. I will soon be mailing each of you asking for a small..donation..to keep this information private..

[coool]

Hey guys I am not new to KaZaA, but, I am new to the idea of everyone discussing it. I know that this sounds like the same old dumb shit,but, I wanted to get some stuff off my buddies pc so I had him make some obscure files, I could not find those files at all. no search results, why cant it find a file that is named different from anything else??? I appriciate your time!

[coool]

That would work but I have Kazaa, ya know, there has to be a way to do it or is this one of those problems everyone has faced??? In other words if you liked somthing you got from me you have only until it is done downloading to message or to search by user???

Be Swift In All You Do, Life Will Run Out Too Fast!!

[coool]

What I am saying is why not add or rename a file in your shared folder to be named somthing like 1110010100**& there is probably only one file named that garble, then once I find that folder I have found the user. Does that make any sence

[Jared592]

Originally posted by coool
What I am saying is why not add or rename a file in your shared folder to be named somthing like 1110010100**& there is probably only one file named that garble, then once I find that folder I have found the user. Does that make any sence I see what you're saying, and this has been posted on numerous times before, but unless you are connected to the same supernode as the user you want to share the file with, he/she won't see your file. There is a way to get the file directly. All you have to do is find out your ip (http://www.whatsmyipaddress.com), make sure KaZaa is open and you have available upload slots, and give the other person this link:
http://YOUR-IP-HERE:1214/THEFILENAME
That's it.