Re: [nznog] Don't quite get this?

That's really key to all this. If the ISP can't identify what the customer was downloading, how can the rights holders claim it was their material? The law sidesteps this by saying unless the customer can prove they are innocent (that is, "m'lord I downloaded legal content at that time, here are my logs, etc") then they're assumed to be guilty. sub optimal. Sent from my iPad On 2/09/2011, at 8:52 AM, "Dave Mill" wrote:

On Fri, Sep 2, 2011 at 8:44 AM, Hamish MacEwan wrote:

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On Thu, Sep 1, 2011 at 20:08, Bruce Kingsbury wrote:

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if they can't demonstrate that to the ISP (which will then check its records to determine if that file was downloaded and if so at what time and by whom) then the ISP rejects the claim."

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http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=10748747

AFAIK, the IPAP will only check its records at that time for that IP address to identify the account holder.

This is correct, but there is another phase later on where the ISP could be involved.

Once things have hit the copyright tribunal, it is possible that the ISP involved could be asked to supply further information during the actual hearing. This could be to further prove that Customer A was on IP address B during the time on the infringement notice. Or it could be to supply further information, to EITHER the rights holder or defendant/customer, that the ISP may hold.

Which I find it scary. Looking back at a particular day, say 3 months ago, we could take a pretty good stab at whether a customer's IP flows were mainly HTTP, mainly torrent, or mainly something else. But just because the customer was torrenting that day does not mean they were actually breaking the law. We cannot identify what the customer was torrenting, even if we looked at traffic flows in real time.

Dave _______________________________________________ NZNOG mailing list NZNOG(a)list.waikato.ac.nz http://list.waikato.ac.nz/mailman/listinfo/nznog