The TCF has been drawing up a process for its members/IPAP's to deal with this Law, and have been actively involved with the MED & rights holders to make best of this situation. From the outset, the TCF did not want ISP's to be judge or jury pertaining to anything with the allegations, nor did they want any additional costs for ISP's based on dealing with allegations. ISP's are just the highways/roads, they do not want to turn into the police. For some more technical information about detections, just to clarify, as I've read things about honeypots etc Initially, most of the notices coming into IPAP's will be from DTECTNET (http://dtecnet.com/), which represents rightholders. Rights holders representatives in NZ, have to agree with each NZ IPAP separately the format of each notice, however they are pushing the ACNS format (http://mpto.unistudios.com/xml/) My understanding of how it finds infringements, is that it works for torrents only (at present), and will look to see if someone is serving content, rather than having honeypots for people to download. In terms of a court challenge, there are so many variables that could be tested - how do we know the time of the Dtectnet system is correct at time of allegation? Additionally how do we know the ISP's times were correct at time of allegation, and have matched the IP address correctly? These types of things are almost impossible to prove, which is why the judiciary may have some interesting initial cases. Cheers -----Original Message----- From: nznog-bounces(a)list.waikato.ac.nz [mailto:nznog-bounces(a)list.waikato.ac.nz] On Behalf Of Bruce Kingsbury Sent: Friday, 2 September 2011 10:14 a.m. To: Matthew Poole Cc: nznog Subject: Re: [nznog] Don't quite get this?
Yes, in theory you could be stitched up in the process. But it would require conspiracy on the side of the ISP (to get valid log details or inject fake ones) and the rights holder (to submit the three infringement notices necessary to get you before the Tribunal, with correct log details via your ISP).
Refute this; IP address 130.216.178.37 at 2 Sep 2011 09:57:15 +1200 (NZST) was seen downloading Hurt Locker.axxo.avi via bittorrent Subsequent Information from University of Auckland identifies Matthew Poole as the holder of the IP address at that time. Mail headers. Gotta love 'em. _______________________________________________ NZNOG mailing list NZNOG(a)list.waikato.ac.nz http://list.waikato.ac.nz/mailman/listinfo/nznog