MPAA files lawsuits based on confiscated P2P server logs
Posted on 27/08/05 01:42 by Seán Byrne                             
MPAA files lawsuits based on confiscated P2P server logs

When the MPAA went about shutting down BitTorrent websites since the end of last year, they collected server logs which potentially gave them a list of IP addresses for files being hosted to certain file transfers.  For example, when LokiTorrent was shutdown, the Texas court ordered to have the website's server logs handed over to the MPAA.

Now, the MPAA has filed a new round of 286 lawsuits, but for the first time these lawsuits have been filed based on collected server logs from shut down file sharing websites.  The MPAA is using this method as another way to warn movie sharing consumers that they could be next.  Like the RIAA, the MPAA will obtain the user's personal contact details though the court based on the IP addresses they have collected from the logs, like what the RIAA does when they collect IP addresses based on monitoring the networks.

The creator of BitTorrent, Bram Cohen has previously warned that BitTorrent is not intended for sharing copyrighted material illegally, since the technology was not designed to hide the identity of those who use it.  Thanks to DamnedIfIknow for using our news submit to send in the following news quote:

Hollywood studios filed a new round of lawsuits against file swappers on Thursday, for the first time using peer-to-peer companies" own data to track down individuals accused of trading movies online.

The Motion Picture Association of America said it filed 286 lawsuits against people around the United States based on information acquired from file-trading sites shut down earlier in the year. Most of those sites were hubs connecting people using the BitTorrent technology, a peer-to-peer application designed for speeding downloads of large files.

BitTorrent creator Bram Cohen has warned in the past that using his technology to distribute material illegally is a "dumb idea," because the file-swapping tool is not designed to hide the identity of anyone using it.

The full article can be read here.

It would be interesting to see how the MPAA decided on who to sue based on the logs, since the logs would likely carry a combination of who was hosting what files, file transfers (which file fragments went to which IP), connection times, etc.  Also, as it was many months back that many of these BitTorrent sites were shut down, there may be users who will get a lawsuit for something they did between 6 and 9 months back or further back depending on how far the logs go.  This means that if users did decide to stop sharing content, even several months back, they may still get sued several months down the line as a result of old BitTorrent (or other) logs the MPAA have collected in the past. 

DamnedIfIknow wrote "Damn, run for the hills people!!".  Feel free to discuss about file sharing and its legal issues on our Music Download, Peer to Peer (P2P) & Legal Issues Forum.

Source: c|net News - Digital Media

Reactions
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By jdub, Saturday 27 August 2005 06:06
Bit torrent was NOT designed to hide the identity of its users... if anything its easier than the fastrack network and other similar ones to browse for illigal file sharers. (any client will obtain a list of ALL people with complete copies of a file in short order)
By mrQQ, Saturday 27 August 2005 09:15
right, and what about the people with dynamic ips? i can already see old women and such being charged for p2p hah
By jasaiyajin, Saturday 27 August 2005 10:44
I can generate some fake files dating months back that people at the MPAA and RIAA shared files they were not supposed to. Evidence like that is controversial and refutable under log pretenses. I guess given enough money, anything MPAA or RIAA does is deemed reasonable for retribution under current high social standards. Then again, this is what they wanted anyway, use of scare tactics and subpoenas to extort money from sources deemed legitimate. supergrin
By Nila, Saturday 27 August 2005 10:50
I cant believe these sites actually kept big logs of who was doing what. To me thats the most amazing thing. If you run any type of warez site people - dont log who does what on it because your just asking for trouble. They cant make you hand over something you dont have!
By Zeroi786, Saturday 27 August 2005 11:29
Zeroi786My Question is does Torrentspy.com keep logs of people?
By Goldengamegod, Saturday 27 August 2005 17:38
ISPs keep time-stamped logs. Reading them will tell you exactly who had what IP and when. All they need to do is compare that to the P2P server logs.
[edited by Goldengamegod on 27.08.2005 17:40]
By Zod, Saturday 27 August 2005 17:51
Zodwebsites like torrent spy just link to torrents off other websites, there not actually hosting all those torrents. Not that many sites anymore serve the torrents up front, you kinda get torrent search engine kinda sites that link to a torrent off a tracker. So even if torrentspy didn't keep the log of you downloading the torrent, whoever runs the tracker might. however it does seem odd that a site like lokitorrent would keep logs. What would they need them for?
By jasaiyajin, Sunday 28 August 2005 00:00
Either ignorance or malpractice would keep log files. Then again the CIA keeps their own log files, regardless of the original website. The information gathering of a site does not guarantee any type of protection, the information is captured regardless. The whole internet is monitored and everybody is kept track, we are all slaves in a way. Slaves to the standards of technologically advanced superpowers. supergrin There is not spoon, only a composition of metals in an infinite universe. The creator is time and infinity.
[edited by jasaiyajin on 28.08.2005 00:02]
By 790, Sunday 28 August 2005 08:59
people like loki got a good deal from the riaa, he probably gave up his logs in exchange for little or no fine/jail time. That is of course after he tricked thousands of people into donating to his team of lawyer$ who were supposed to be fighting for the people. How much did he trick them out of? 40-50k?
By horrido, Sunday 28 August 2005 15:11
If you are named on the law suit - there is no defense. Judges (and perhaps juries) are so ignorant when it comes to technology, that the highest paid lawyer will win. Simple as that.
By rla, Sunday 28 August 2005 22:37
It seems so interesting to me that the MPAA busts a site and then coherses the owner to give up his logs. It seems to me the only way these logs are going to get into evidence is if the site owner is called to testify. You obviously cant just say you have logs and use that as a basis to sue a bunch of people. If that were the case we could manufacture logs implicating the RIAA and MPAA in all sorts of stuff. Certianly in this case the weight of the logs would be called into question unless the site owner gets on the stand and can establish that these logs were protected and not tinkered with. It will have to be proven that these logs are accurate, that people are credible and that there are no flaws in how they were handled. Obviously the MPAA with try to coherse people into settling, but I hope enough fight so that there are plenty of lawyers ripping this log issue to shreds. I have looked around on the net and seen where these torrent sites are still requiring people to register. This sure makes easy work for the MPAA because all they have to do is sit back like vultures and let those server logs fill up with registered users and activity. When some big bad little site oiperator gets busted he is going to sing like a bird and make his own deal too.
[edited by rla on 28.08.2005 22:38]
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