The Business Software Alliance(BSA) went after a BitTorrent user in the UK for downloading “unlicensed copies of copyrighted computer programs,” and he’s probably not alone.
A customer of the ISP Pipex in the UK was recently sent a letter informing him that he had been suspected of downloading “unlicensed copies of copyrighted computer programs.”
Much like the tactics of the RIAA, in which BitTorrent traffic is monitored for the sharing of copyrighted music content, the BSA has been keeping an eye on users who are downloading copyrighted software programs as well.
It appears to be part of an effort by the BSA to step up enforcement of copyright protections and discourage users from sharing software in the BitTorrent community.
The BSA has been observing users downloading copyrighted software programs from various BitTorent tracker sites and then contacting their ISP with a message to pass on to the user suspected of illegal file-sharing.
Apparently, in the UK ISPs are legally obligated to pass on the message from the BSA informing a user of his suspected illegal activity, otherwise they themselves can be found liable for contributing to copyright infringement.
The user in this case received the following message from his ISP:
“We have received a complaint regarding an allegation of Copyright Infringement.
We were supplied an IP address of the system that was sharing the alleged copyrighted material, which we traced to your PIPEX ADSL account.
As I am sure you are aware, this breaches our Acceptable Use Policy, (http://www.pipex.net/legal/aup/ ) and many copyright laws, namely the Berne Convention.”
In turn, the ISP also forwarded the message that it received from the BSA:
“The Business Software Alliance has determined that the connection listed below, which appears to be using an Internet account under your control, is using a P2P network seen below to offer unlicensed copies of copyrighted computer programs published by the BSA’s member companies.”
The message from the BSA was apparently very detailed, and included the IP address of the user, the name of the BitTorrent client server, the name of the copyrighted file in question, and a date/time stamped DNS address.
Pipex informed the user that he had to address the situation in 7 days or or that it would terminate his connection.
Now unless the ISP can be forced to divulge his name, I would suggest merely letting them terminate his connection and finding an alternative ISP, and in the future using a non-password protected wireless router setup to connect to the internet.
The reason for this is that you can then "legally" claim that it was not you that engaged in the downloading of the copyrighted files in question. Since anybody can logon to your network and use your connection, it can thereby be any number of people that are responsible for having used it to share or download content illegally using BitTorrent or other P2P file-sharing program.
In any event, the fact that the BSA is stepping up its enforcement of copyright protections in the BitTorrent community means the MPAA and the RIAA now have a new player in town, and it seems they will all be using the same tired playbook.
digg_url = ‘http://digg.com/tech_news/BSA_Move_over_RIAA_we_re_gonna_keep_an_eye_on_BitTorrent’;
RELATED NEWS AND “HOW TO” GUIDES:
Grooveshark, first LEGAL P2P music service?
Wal-Mart used The Pirate Bay to sell DVDs?
ISP lawyers pull the plug on isoHunt
French Judge to RIAA: "GOVT approval needed to trace IP addresses
Record companies want ISPs to block access to file-sharing websites
PUBLIC vs PRIVATE – BitTorrent download sites explored
BitTorrent torrent sites & search engines
Azureus – A Beginner’s Guide to BitTorrent Downloading
uTorrent – A Beginner’s guide to BitTorrent downloading
Watch The Simpsons, The Office, Jackass, South Park, Lost, X-Men, and More On-Demand For Free
TVU, Free P2P Cable TV
Tons of Your Favorite Movies On-Demand for FREE!
SOULXTC: “walkin’ the streets of P2P”
Related Posts
- VIDEO – ‘How the MPAA & RIAA Track People Using BitTorrent’
- UK ISP Warns BitTorrent User on Behalf of US Copyright Holder
- RIAA says Cease and Desist
- Is Electronic Arts going after BitTorrent users?
- RIAA: ‘We’re Targeting Colleges to Make them More Aware’
Loading ...
i thought the bsa is software that means they have no jurisdiction in mpaa and riaa’s turf meanign they can only go after software piracy.
as the namesake it should apply to only commercial versions that is bulk versions that is made to be used on a fleet of systems like windows xp corperate version or education version.
Its not a matter of turf persay its a matter of copyright enforcement……the BSA is enforcing the copyrights of software makers it represents……
riaa’s turf is music recordings
mpaa’s turf is movies
bsa’s turf is software (probably commercial/bulk versions)
If you open up your connection to the public you may not be safe from litigation as they could put the blame on you for not protecting your network. You being the one paying the bill for the connection would then be responsible in the lawsuit.
no because they cant prove that you downloaded the file in question…….your not responsible for everything on your network and its not required by law that you password encrypt it.
They cant throw you in jail for it but i am sure they could sue you. To put you in jail they have to prove you were responsible where as to sue you they have to prove you were involved. Having your system widely open makes you involved. Its just like if a news paper prints an article written by someone that turns out to be false. They are still able to be sued even if they did not write it.
No no no……are you actually comparing LIBEL to piracy?
1. there is no law regarding password encrypting your wi-fi network
2. Cant be held LIABLE for the actions of others on you network
Yahoo! was in fact recently found NOT GUILTY for the actions of others on their servers was in regards to some dirtbag running child porn sites on Yahhoo.
Bottom line is this: if not required by law to encrypt your connection cant be held liable for those that may connect to it and do something illegal.
EXAMPLE: If some guy sneaks into my house and logs onto my PC to download a song illegally is it my fault? No!! Logging onto somebody elses wirelss connection is illegal and so by using it to do something illegal does not make me liable. Its an extension of the same principle.
And it is in that vein that people cant be found responsible for DL’ing content illegally if it cant be proved that it was them.
Not password encrypting you router does not make you “involved” in any way…….careless maybe but not involved. Just because somebody can use it to do “evil” does not make you guilty of a crime.
Seriously look it up with what crime would they charge you with? Allowing somebody to do something illegally without your knowledge? Yah right.
Although it is sometimes hard for people to understand. The UK is not governed by US laws. US laws apply only in the US.
So the UK subjects would be wise to
a) Not take any legal advice from people who don’t live in the UK
b) Secure their wireless network
c) Write back to Pipex within 7 days assuring them that they won’t do it again and you’ll hear no more about it.
d) Migrate from Pipex as they heavily throttle p2p
Wouldn’t the router log the mac address of the person connecting over the wireless network thereby proving you were the guilty party? Guess you’d just have to set your router up to not log connections or clear the logs manually.
yah but the ISP can only monitor the IP address itself and dont think they could subpoena your router……