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Judge: An IP-Address Doesn’t Identify a Person (or BitTorrent Pirate)

torrentfreak.com

21–30 of 104 posts

Re: Judge: An IP-Address Doesn’t Identify a Person (or BitTorrent Pirate)

#21

Wasn't this ruled several times already in other trials? How many times does this have to be proven in Court before the other judges start throwing away such cases?

I'm sorry, but that's a seriously hilarious statement to me. Sad that you're right, but funny all the same.

Re: Judge: An IP-Address Doesn’t Identify a Person (or BitTorrent Pirate)

#22
post #6

Earlier quoted context omitted.

Photos of speed cameras often have the drivers faces visible, unless covered up - at least here in Norway. So yeah, the license plate doesn't identify a person, but at least it makes finding the right person easier if there's a dispute.

In the UK if you get caught speeding/running a red light by a camera, the ticket gets sent to the registered owner of the car. You can either take the ticket, or tell them who was driving. You cannot say 'it wasn't me, but I won't tell you who it was'. It is also a serious criminal offence to take speeding points on someone else's behalf (as it was suggested that government minister Chris Huhne asked his wife to)

What if you don't know who drove it? (you might have borrowed it to a few friends but don't know who drove it when)

In Sweden a clear photo of the driver is required for anyone to be fined.

Re: Judge: An IP-Address Doesn’t Identify a Person (or BitTorrent Pirate)

#23
post #4

I believe this is similar reasoning to why a lot of states have made red light cameras and speed cameras illegal. The owner of the car is not necessarily the person who was driving at the time, and it was the driver (not the car) who broke the law.

In Australia (well, the state of Queensland where I am at least) I'm pretty sure you can sign a statutory declaration to say that it was somebody else driving (I think you probably have to say who it is and they cop the fine and the points, unless the car was reported stolen).

Re: Judge: An IP-Address Doesn’t Identify a Person (or BitTorrent Pirate)

#24
post #19

While I understand that today there are potential problems, it seems to me that a person ought to be responsible with what's done with his property. If he lets someone use his gun, he's got some degree of responsibility, and if he lets someone use his communication facilities, he's assuming some as well. Today this is difficult, since the average person doesn't have a clue how to set up a secure network. But this is…

So is an Internet Cafe responsible for what all its patrons do? Is Verizon responsible for everyone who buys bandwidth from them?

I believe that common carriers are forced to comply with certain rules, so in a sense yes.

Re: Judge: An IP-Address Doesn’t Identify a Person (or BitTorrent Pirate)

#26
post #22

Earlier quoted context omitted.

In the UK if you get caught speeding/running a red light by a camera, the ticket gets sent to the registered owner of the car. You can either take the ticket, or tell them who was driving. You cannot say 'it wasn't me, but I won't tell you who it was'. It is also a serious criminal offence to take speeding points on someone else's behalf (as it was suggested that government minister Chris Huhne asked his wife to)

What if you don't know who drove it? (you might have borrowed it to a few friends but don't know who drove it when) In Sweden a clear photo of the driver is required for anyone to be fined.

At that point isn't it more of a concern that the supposed completely random person driving your car isn't insured? Personal responsibility rules kick in before then.

Re: Judge: An IP-Address Doesn’t Identify a Person (or BitTorrent Pirate)

#27
post #22

Earlier quoted context omitted.

In the UK if you get caught speeding/running a red light by a camera, the ticket gets sent to the registered owner of the car. You can either take the ticket, or tell them who was driving. You cannot say 'it wasn't me, but I won't tell you who it was'. It is also a serious criminal offence to take speeding points on someone else's behalf (as it was suggested that government minister Chris Huhne asked his wife to)

What if you don't know who drove it? (you might have borrowed it to a few friends but don't know who drove it when) In Sweden a clear photo of the driver is required for anyone to be fined.

> What if you don't know who drove it? (you might have borrowed it to a few friends but don't know who drove it when)

As someone else touched on: in most states of Australia, the owner of the vehicle (as per the registration) is responsible. If you "don't know" who was driving your car it doesn't matter-you are responsible for the vehicle unless you have reported it stolen. Which I think is fair: if you're going to lend your car out, make sure you trust the person driving it.

Re: Judge: An IP-Address Doesn’t Identify a Person (or BitTorrent Pirate)

#28
post #26
post #22

Earlier quoted context omitted.

What if you don't know who drove it? (you might have borrowed it to a few friends but don't know who drove it when) In Sweden a clear photo of the driver is required for anyone to be fined.

At that point isn't it more of a concern that the supposed completely random person driving your car isn't insured? Personal responsibility rules kick in before then.

Who said anything about not checking insurance? I can loan a car out to two or more trusted, verified friends in the same month and then be unable to specify who had it at a specific hour.

Re: Judge: An IP-Address Doesn’t Identify a Person (or BitTorrent Pirate)

#29
post #26
post #22

Earlier quoted context omitted.

What if you don't know who drove it? (you might have borrowed it to a few friends but don't know who drove it when) In Sweden a clear photo of the driver is required for anyone to be fined.

At that point isn't it more of a concern that the supposed completely random person driving your car isn't insured? Personal responsibility rules kick in before then.

I wouldn't call a group of friends a random person...

Sure, I could ask who was driving but I wouldn't know if they for some reason were lying.

And wait, what? Why should the owner care if the driver is insured? The vehicle is insured by the owner, as required by the law.

Re: Judge: An IP-Address Doesn’t Identify a Person (or BitTorrent Pirate)

#30
post #6

Earlier quoted context omitted.

Photos of speed cameras often have the drivers faces visible, unless covered up - at least here in Norway. So yeah, the license plate doesn't identify a person, but at least it makes finding the right person easier if there's a dispute.

In the UK if you get caught speeding/running a red light by a camera, the ticket gets sent to the registered owner of the car. You can either take the ticket, or tell them who was driving. You cannot say 'it wasn't me, but I won't tell you who it was'. It is also a serious criminal offence to take speeding points on someone else's behalf (as it was suggested that government minister Chris Huhne asked his wife to)

They even send you a copy of the photo with the fine notice. It's pretty funny.
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