Atari accuses wrong people of copyright infringement

30 Oct 08 21:25 by Randomus in category Uncategorized To news archive

After several video game publishers publicly showed how they planned to combat software piracy, the lawsuits began to fly against suspected pirates.

But the problem with blindly targeting people based on an IP address means the copyright holders will occasionally accuse innocent Internet users of infringement.

Atari accused Gill and Ken Murdoch of pirating Race07, but the couple reportedly have never played a PC game.  Although the case was eventually dropped, Which? Computing believes there could be hundreds of British Internet users who are in a similar situation.

The Murdochs received a letter that said they could either pay £500 ($829) or could be taken to court over the matter.  According to Gill Murdoch, 54, both her and Ken, 66, have never played a PC game and didn’t know what peer-to-peer meant until they received the letter.

Atari relied on the anti-piracy firm Logistep to help combat piracy, with Logistep responsible for discovering the IP addresses of suspected software pirates.  Once the company has an IP address, it can then turn it over to Atari’s lawyers, who will apply for the necessary court order.

The Recording Industry Association of America (RIAA) also has accused innocent people of piracy, much to the delight of piracy supporters.  Most notably, the RIAA reportedly charged a dead man for sharing copyrighted pop music through a peer-to-peer network.

Many popular file sharing services, such as The Pirate Bay, are now using a tactic that involves random IP addresses being inserted into files to help confuse people tracking file sharing.  It’s plausible that the Murdochs were snagged after their IP address was wrongly used by one of these file sharing services.

5 Comments

chsbiking
Posts: 543
Posted on: 31 Oct 08 11:53
I wish ISPs would just stop logging IPs. They are not reliable. They can be spoofed and multiple machines can be behind a single IP. If an IP is the only evidence you have then you don’t have any evidence at all. You even run the risk of ruining someone's life by thinking so.

Imagine if some jerk (maybe someone you know) downloads child porn with your connection or spoofs your IP and used your real name as their username to hide? Do you really think you can talk yourself out of that? Well, where's the porn you say? The cops will just want to know where you laptop is and when you try to explain that you don’t have one they'll just charge you for tampering with evidence too! Everybody that knows you will never know for sure and always suspect you for the rest of your life. That's if you're lucky enough not to accidentally get shot when swat busts in or accidentally get raped to death while you're waiting for trial by the other inmates who look down on crimes like abuse of a child.

No, an IP number is not you. It's not your identity and it sometimes can't even say what computer made the connection let alone who was sitting at the computer when the act took place. We need a law that says an IP does not count as evidence AT ALL FOR ANYTHING! They do not work like they do on TV! Unfortunately few people understand this.
DukeNukem
Posts: 1438
Posted on: 31 Oct 08 15:03
"but the couple reportedly have never played a PC game."

A likely story. Look, all I know is that when the ETF comes knocking at your door, it's "deny, deny, and deny some more". If I was told I had 24 hours to live, the first thing I would want to do is delete *stuff* from my hard drive. Then I would format the drive. Then I would microwave the drive for 30 seconds. Yeah, that should about do it.
chsbiking
Posts: 543
Posted on: 31 Oct 08 16:24
Yeah Duke, that should get the jury to pretty much automatically rule in their favor because if you were innocent why would you microwave your drive? That's obvious tampering. Ok, if you had maybe just reformatted cause you had a "virus" or something, but come on. If you microwave the freaking thing it's pretty obvious lol.
CJF1983
Posts: 80
Posted on: 04 Nov 08 14:31
The question is can you get the evidence needed from a microwaved hard drive? this is a great question, and I wonder if any of you out their can answear it.
guest
Posts: 15284
Posted on: 08 Nov 08 23:07
You'd be better off using a nuke disk, then tearing apart the drive and running a strong magnet over the platters surface before smashing them into pieces...

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