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Listen: Episode 23
Application Last July before Justice Kelly J in commercial court.
Searches of Gnuttella (Limewire, Bearshare) and Fast-track (Kazaa) networks – DCC++ & Torrent not searched
ISPs neither consented nor objected
If objected – liable for costs in loss
ISPs pointed out many of the privacy issues, data protection issues, and international precedents
Norwich Pharmacal order [1] – where innocent party is required to provide information about an infringer
Allows rejection of privacy right in ‘Prima Facia’ (self evident) case of breach of individual property rights
IMRO received all the personal data they had sought
None of the alleged file sharers were tried – most settled (for and average of € 2,500), 5/17 refused to pay – IMRO and the labels have 7 years in which to sue them [2]
Detailed discussion of the case (including contributions from Digital Rights Ireland chair TJ McIntyre) [3]
Tuesday, July 12, 2005
specific companies can acquire ‘safe harbor provision’ to circumnavigate this restriction
Media Sentry was scanning more than just media – folders could have included user’s personal data
Data in this case were being exported – the Irish court at the time of the first case were not aware of this
24th January 2006
In a press release to announce the action IMRO stated – “The scale of the challenge and the damage is apparent when we consider that any one of these individuals engaged in illegal file sharing could be connected to some 2-3 million others at any one time on the Internet.”
Justice Peter Kelly
One address appeared so much that it was ‘almost industrial’ in scale
Affidavit – from manager of EMI Ian Cavana
stated – publicity measures of ISPs unlikely to succeed
In court this Wednesday – Eircom stated DRI letter had informed them of Dutch case
Essentially the balance of proof that they were not in violation was with the accused users
ISPs e.g.: Irish Broadband ‘Don’t and can’t monitor’ use of connections
Today – court ordered names should be handed over
Fighting this litigation of technical grounds – view copyright infringement as indefensible
Under Irish Law – Section 140 of the Copyright and Related Acts 2000[6]
sharers of copyrighted files (not downloaders) – are liable for criminal prosecution – and thus potentially imprisonment of up to 5 years
No ‘fair use’ [7] provision exists under Irish Law
Hence copying the songs you buy on CD onto your PC or Mp3 player could open you to legal action
Personal use as a right was specifically excised by the Copyright Act 2000
I.P’s assigned to wireless routers – publicly accessible connection argument
has been used successfully in the US [8]
The law in this area is self evidently ridiculous – but lets look at why
DRI Press Release [20]
Parasites exhibit the ability to manipulate the ability of their hosts
Example: parasite that causes ant to clamp itself to the tips of grass blades greatly increasing the chances of it being eaten by grazing animals. Getting into a sheep or grazer’s digestive system allows the parasite to complete it’s life cycle.
Toxoplasma gondii: lives in the guts of cats eggs that can be picked up by rats and other animals that can just so happen be eaten by cats.
Toxoplasma forms cysts throughout its intermediate host’s body, including the brain. And yet a Toxoplasma-ridden rat is perfectly healthy.
Toxoplasma gondii can be carried by people so can it also have a subtle effect on the human carrier?
E. Fuller Torrey of the Stanley Medical Research Institute and his colleagues had noticed some intriguing links between Toxoplasma and schizophrenia.
A fascinating area for further study, what other parasites are altering our personalities and can they be part of the reason for cultural diversity?
The Return of the Puppet Masters
In a supposed effort to curb the threat of rootkits Microsoft plans to block uncertified drivers from loading on x64 versions of Windows Vista.
Commentary on the idea
Interesting Entries:
47. Martha Stewart.
Exhibit A: You don’t even know who your congressman is.
3. George W. Bush
Links:
The Beast
TurboTanks Tank Game [27]
A cool and addictive game based on the Atari 2600 classic.
MPAA Dvd warning parody [28]
A parody of the warning message that appears on every dvd.
An intricate but well thought out theory on what’s going on behind the scenes in Lost [29]
Listen: Episode 23
Application Last July before Justice Kelly J in commercial court.
Searches of Gnuttella (Limewire, Bearshare) and Fast-track (Kazaa) networks – DCC++ & Torrent not searched
ISPs neither consented nor objected
If objected – liable for costs in loss
ISPs pointed out many of the privacy issues, data protection issues, and international precedents
Norwich Pharmacal order [1] – where innocent party is required to provide information about an infringer
Allows rejection of privacy right in ‘Prima Facia’ (self evident) case of breach of individual property rights
IMRO received all the personal data they had sought
None of the alleged file sharers were tried – most settled (for and average of € 2,500), 5/17 refused to pay – IMRO and the labels have 7 years in which to sue them [2]
Detailed discussion of the case (including contributions from Digital Rights Ireland chair TJ McIntyre) [3]
Tuesday, July 12, 2005
specific companies can acquire ‘safe harbor provision’ to circumnavigate this restriction
Media Sentry was scanning more than just media – folders could have included user’s personal data
Data in this case were being exported – the Irish court at the time of the first case were not aware of this
24th January 2006
In a press release to announce the action IMRO stated – “The scale of the challenge and the damage is apparent when we consider that any one of these individuals engaged in illegal file sharing could be connected to some 2-3 million others at any one time on the Internet.”
Justice Peter Kelly
One address appeared so much that it was ‘almost industrial’ in scale
Affidavit – from manager of EMI Ian Cavana
stated – publicity measures of ISPs unlikely to succeed
In court this Wednesday – Eircom stated DRI letter had informed them of Dutch case
Essentially the balance of proof that they were not in violation was with the accused users
ISPs e.g.: Irish Broadband ‘Don’t and can’t monitor’ use of connections
Today – court ordered names should be handed over
Fighting this litigation of technical grounds – view copyright infringement as indefensible
Under Irish Law – Section 140 of the Copyright and Related Acts 2000[6]
sharers of copyrighted files (not downloaders) – are liable for criminal prosecution – and thus potentially imprisonment of up to 5 years
No ‘fair use’ [7] provision exists under Irish Law
Hence copying the songs you buy on CD onto your PC or Mp3 player could open you to legal action
Personal use as a right was specifically excised by the Copyright Act 2000
I.P’s assigned to wireless routers – publicly accessible connection argument
has been used successfully in the US [8]
The law in this area is self evidently ridiculous – but lets look at why
DRI Press Release [20]
Parasites exhibit the ability to manipulate the ability of their hosts
Example: parasite that causes ant to clamp itself to the tips of grass blades greatly increasing the chances of it being eaten by grazing animals. Getting into a sheep or grazer’s digestive system allows the parasite to complete it’s life cycle.
Toxoplasma gondii: lives in the guts of cats eggs that can be picked up by rats and other animals that can just so happen be eaten by cats.
Toxoplasma forms cysts throughout its intermediate host’s body, including the brain. And yet a Toxoplasma-ridden rat is perfectly healthy.
Toxoplasma gondii can be carried by people so can it also have a subtle effect on the human carrier?
E. Fuller Torrey of the Stanley Medical Research Institute and his colleagues had noticed some intriguing links between Toxoplasma and schizophrenia.
A fascinating area for further study, what other parasites are altering our personalities and can they be part of the reason for cultural diversity?
The Return of the Puppet Masters
In a supposed effort to curb the threat of rootkits Microsoft plans to block uncertified drivers from loading on x64 versions of Windows Vista.
Commentary on the idea
Interesting Entries:
47. Martha Stewart.
Exhibit A: You don’t even know who your congressman is.
3. George W. Bush
Links:
The Beast
TurboTanks Tank Game [27]
A cool and addictive game based on the Atari 2600 classic.
MPAA Dvd warning parody [28]
A parody of the warning message that appears on every dvd.
An intricate but well thought out theory on what’s going on behind the scenes in Lost [29]