[Infowarrior] - No joke...MPAA sends DMCA notice to laser printers

[Richard Forno]

...you can't make this stuff up.  Article has inline links to the  
studies cited.  --rf


The Inexact Science Behind DMCA Takedown Notices

By Brad Stone

http://bits.blogs.nytimes.com/2008/06/05/the-inexact-science-behind-dmca-takedown-notices/index.html

A new study from the University of Washington suggests that media  
industry trade groups are using flawed tactics in their investigations  
of users who violate copyrights on peer-to-peer file sharing networks.

Those trade groups, including the Motion Picture Association of  
America (M.P.A.A.) Entertainment Software Association (E.S.A.) and  
Recording Industry Association of America (R.I.A.A.), send  
universities and other network operators an increasing number of  
takedown notices each year, alleging that their intellectual property  
rights have been violated under the Digital Millennium Copyright Act.

Many universities pass those letters directly on to students without  
questioning the veracity of the allegations. The R.I.A.A. in  
particular follows up some of those notices by threatening legal  
action and forcing alleged file-sharers into a financial settlement.

But the study, released Thursday by Tadayoshi Kohno, an assistant  
professor, Michael Piatek a graduate student, and Arvind  
Krishnamurthy, a research assistant professor, all at the University  
of Washington, argues that perhaps those takedown notices should be  
viewed more skeptically.

The paper finds that there is a serious flaw in how these trade groups  
finger alleged file-sharers. It also suggests that some people might  
be getting improperly accused of sharing copyrighted content, and  
could even be purposely framed by other users.

In two separate studies in August of 2007 and May of this year, the  
researchers set out to examine who was participating in BitTorrent  
file-sharing networks and what they were sharing. The researchers  
introduced software agents into these networks to monitor their  
traffic. Even though those software agents did not download any files,  
the researchers say they received over 400 take-down requests accusing  
them of participating in the downloads.

The researchers concluded that enforcement agencies are looking only  
at I.P. addresses of participants on these peer-to-peer networks, and  
not what files are actually downloaded or uploaded—a more resource- 
intensive process that would nevertheless yield more conclusive  
information.

In their report, the researchers also demonstrate a way to manipulate  
I.P. addresses so that another user appears responsible for the file- 
sharing.

An inanimate object could also get the blame. The researchers rigged  
the software agents to implicate three laserjet printers, which were  
then accused in takedown letters by the M.P.A.A. of downloading copies  
of “Iron Man” and the latest Indiana Jones film.

“Because current enforcement techniques are weak, it is possible that  
anyone, regardless of sharing content or using BitTorrent, could get a  
D.M.C.A. takedown notice claiming they were committing copyright  
infringement,” said Mr. Piatek.

In their paper, the researchers argue for greater transparency and  
public review of Big Media’s intellectual property enforcement actions.

“Our study scientifically shows that flaws exists,” said Mr. Kohno, an  
assistant professor in the university’s Computer Science and  
Engineering department. “It’s impossible to prove that other flaws  
don’t exist, especially since current industry practices are so  
shrouded in mystery. Ultimately, we think that our results should  
provide a wake-up call for more openness on the parts of content  
enforcers.”