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Bittorrent Usage doesn't equal piracy, Cox tells court.


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securitybreach

Another reason I am glad to be a Cox customer.

 

U.S. Internet provider Cox Communications is scheduled to go to trial soon, defending itself against copyright infringement claims from two music companies. In a new motion Cox asks the court to prohibit the use of any material claiming that BitTorrent equals piracy. BitTorrent has plenty legitimate uses and equating it to infringement would mislead the jury during trial, the ISP argues.

 

Last year BMG Rights Management and Round Hill Music sued Cox Communications, arguing that the ISP fails to terminate accounts that are frequently used to pirate content.

 

The case is crucial as it may define the obligations of Internet providers hoping to keep their safe harbor protections. Ideally, the music companies would like to have the accounts of repeat infringers terminated.

 

Both sides are currently preparing for trial and Cox recently submitted a motion to the court, where it asks for a ban on statements and evidence which equate BitTorrent to piracy.

 

Earlier this week we reported on Cox’s argument that the direct piracy evidence gathered by the music companies can’t be trusted, and now the ISP also wants to cut off alternative arguments.

 

“Plaintiffs seek to introduce testimony and third-party hearsay — with inflammatory statements such as ‘File-Sharing Is Really About Piracy’ — as proof that BitTorrent use equates to the existence of infringement,” Cox writes (pdf).

 

“Once they have argued that BitTorrent use is automatically infringing, Plaintiffs seek to introduce other testimony and documents showing that some proportion of data traffic on Cox’s network is associated with BitTorrent in order to mislead the jury into thinking that Cox knew or should have known about the infringement that Plaintiffs allege.”....

https://torrentfreak...s-court-151115/

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“Plaintiffs seek to introduce testimony and third-party hearsay — with inflammatory statements such as ‘File-Sharing Is Really About Piracy’ — as proof that BitTorrent use equates to the existence of infringement,” Cox writes (pdf).

:thumbsdown:
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V.T. Eric Layton

What the heck does file sharing have to do with piracy, anyway? Sure, pirates use TOR and BitTorrent and other applications to do their dirty deeds. So, by association, all apps used by pirates for illicit deeds should be banned, I guess. Like these apps for example, all of which are used by pirates to do their nasty stuff... TCP/IP, C, C+, C++, HTTP, SSH, Telnet, USENET, WWW, Google Search, Firefox, Microsoft Windows operating system, computers, mice, monitors, etc. You get what I'm saying here.

 

This is the same argument anti-firearms people have been using forever... ban the tool, the implement, the device that is used to commit the crime. Oh, don't worry about the psychos who commit the crimes.

 

It's stupid. You want to stop piracy (good luck with that, by the way ;) ), go after the pirates, not the software they use.

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securitybreach

Um, your thread title uses the word privacy and yet the thread seems to be about PIRACY. :'(

 

Yeah, my bad. I'll fix it now

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V.T. Eric Layton

Freudian slip... gotta' have privacy to do piracy, you know. ARRRRRRRGH! :pirate:

 

All's well, though... I read today that BIG Brother wants little peon to give up his/her (encryption) keys to the kingdom. That'll make it all better. Yup! :whistling:

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