Get the NEW Torrent Search NOW!!



Points out that "Many computers can be connected to the Internet with identical IP addresses as long as they remain behind control points such as routers, firewalls, proxy servers, or similar technologies."


For all the RIAA's usual mischief, like recent attempts to subpoena a guys former employer, and also amazingly to try and have him identify everyone who's used his computer for the last 3 years(can you?), there have been a few bright spots of victory that we can all sit back and enjoy.


One of those recent victories was in the Capitol v. Foster case where an Oklahoma court ordered the RIAA to pay the defendant Debbie Foster some $68,685.23 in attorneys fees and costs. The judge in that case even went so far as to criticize the RIAA's lawyers motives as "questionable," and their legal theories as "marginal," something many of us without legal degrees have known for quite some time.


Well now the same Oklahoma attorney who so nicely humbled the RIAA's legal team is at work again defending some of the students caught up in the RIAA's college campus crackdown.


In Arista v. Does 1-11, the RIAA is trying to subpoena the names and addresses of 11 Oklahoma State University students accused of copyright infringement, but several of the students are trying to vacate the order by arguing the fact that the RIAA's use of IP addresses is based on the assumption that it's a unique means of identification, which it's not.


To assist in proving their argument that a person cannot be uniquely identified by an IP address they have enlisted the expert testimony of Jayson E. Street, CISO of Stratagem 1 Solutions in Oklahoma City, Oklahoma, and recognized computer security and forensics expert.


In a 15 page expert witness declaration submitted to the court, Jayson essentially attacks the entire premise of the RIAA's lawsuit which is that an IP address can be used to uniquely identify an individual. He calls this assertion "factually erroneous" and "misleading,"


For the RIAA first argues that "Users of P2P networks can be identified by their IP addresses because each computer or network device(such as a router) that connects to a P2P network must have a unique IP address within the internet to deliver files from one computer or network to another."


Jayson counters that "In my opinion, the above statement is factually erroneous."


He continues by pointing out that "An individual cannot be uniquely identified by an IP address," and that "...networks of networks can have many duplicate addresses." due to the fact that all connected computers reside behind the same control, or access point.


The RIAA also argues that "Two Computers cannot effectively function if they are connected to the Internet with the same IP address at the same time."


Jayson again calls their statements "factually erroneous" by pointing out that they can if they are located behind the same control points "...such as routers, fire walls, proxy servers, or similar technologies."


The RIAA even goes so far as to try and compare the internet to the "...telephone system where each location has a unique number," and whereby "...only one call can be placed at a time to or from that home."


Jayson, much to his credit, take this statement to task, calling it "misleading" due to the fact that "A telephone network is a circuit-switched network " that "...creates or removes a circuit or end-to end link between the two devices that wish to communicate."


"The internet," he points out, "is not a circuit-switch network. Instead, it is a packet-switched network."


"In such a network individual packets are created by the end point devices and deposited onto the network with destination information, " he says. "Control devices within the network can then decide which path the individual packets will take across the network. Not all packets will necessarily take the same path. As such in a given network, there can be many simultaneous communication stream that are presented through a single control point ana all logged as coming from a single IP address."


How's that for a rebuttal?


The RIAA's singular most important method of "identifying" individuals, the IP address, is basically proven to be an "erroneous" and "misleading" means of proving that an end user is responsible beyond all doubt, thus allowing the merits of current and future lawsuits against individuals to be called into question.


Don't you just love the smell of victory in the morning?






Looking for more stuff to watch or download?


Judge Lets RIAA Subpoena a Defendant's Former Employer


Record Label Actually ASKS Fans to Share Its Music on the Pirate Bay


UK Music Piracy at an All-Time High


RIAA: 'Lawsuits Can't be the Only Solution to Piracy'


3 Quick Ways to Watch Movies for FREE!


3 quick ways to watch TV shows for FREE


BitTorrent torrent sites & search engines


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


News Tip? Comment? Suggestion? jared@zeropaid.com




  • #1    The security expert should know, because those are the guys who are always pushing business to put in firewalls and proxies. At home, what is one of the biggest things that ISPs tell users to do for security? That's right, use a firewall.

    You can see what Jayson is talking about for yourself. Go to Panera Bread with a friend and your laptops and log on to their net. Go to www.ipchicken.com on both computers, and likely you will see that both of you are using the same IP address. It's cool, I've tried it before!
    posted by Boomer The Dog 481 days 21 hours 53 minutes ago
  • #2    Not rocket science, the route is the device that gains the main IP address and is now controlling the information traveling through that building. Your computer now resides behind an IP address assigned to you by the router. But the riaa will only see your routers IP address as that is the IP address that is sent across the web. Very interesting defense and should work well for big networks such as those found on campuses. It will however do little for a home network as it is obviously someone in the home who has done the file sharing and it comprises usually one of a couple computers. However if you have a wireless network this starts to make things interesting again as anyone driving by could potential piggy back on your network.
    posted by mountain_rage 481 days 21 hours 13 minutes ago
  • #3    Yeah a lot of this is common knowledge and the RIAA knows that I'm sure, they just don't want people to use it against them like Jayson did.
    posted by Zoness 481 days 6 hours 1 minute ago
  • #4    if i ever get sued, thats so totally my defence. if they cant prove im guilty, then they dont have a case. im sure some jack-ass lawyer would disagree, but in a *rational* court of law, it would be enough.
    posted by Signa 481 days 4 hours 33 minutes ago
  • #5    That's what i've been doing for a long time . My ISP only allows me to have 1 ip adress , so i use a router .

    Basically , every computer has a unique ip on that network ( internal ip ) , but this gets translated into 1 external ip trough the router .

    Off course , this won't protect you fom liability at home , since they will simply go after the owner of the ip .

    But on a large network , like a school network , that might work .
    posted by kdemetter 478 days 18 hours 32 minutes ago
  • #6    A fantastic site, and brilliant effort. A great piece of work. 264890029
    posted by deleted 478 days 4 hours 31 minutes ago
  • #7    what about static ip addresses then how do you track people if their ip address changes all the time.
    posted by NFSU2FREAK 469 days 21 hours 53 minutes ago
  • #8    VERIZON PIX FLIX 424336887 [url=http://sudu.info/pix/verizon-pix-flix.html]VERIZON PIX FLIX 928508761[/url] http://sudu.info/pix/verizon-pix-flix.html 521981040
    posted by deleted 466 days 12 hours 41 minutes ago

Login to ZeroPaid.com
Username
Password

* Be sure that you have cookies enabled in your browser, without them you will not be able to login correctly.

Register here if you are not a member of Zeropaid.com.

members that voted for this story
© 2000 - 2008 Zeropaid Inc, All rights reserved.
Company Info | Contact Us | Zeropaid Crew | Advertise | Cheap Cars
Hosting Provided by:
San Diego Colocation - Complex Drive