p2pnet news view Freedom | P2P:- MediaSentry and MediaDefender, two applications developed by online scalp hunters to cash in on entertainment cartel efforts to: frighten people into buying their product, and only their product; and, gain control of how and by whom said product is distributed online, have been getting all the stick while a third, BayTSP, has been quietly working away in the background, largely unmentioned.

Founder and CEO Mark Ishikawa has called the corporate music industry inspired DMCA a “flawed piece of legislation”, but nothing loath, one of BayTSP’s principal activities involves creeping around online looking for alleged copyright infringements, and then issuing DMCA takedown notices to the ISP hosting the content in question.

“If you look at Mark Ishikawa’s business card, you’ll notice that it lists nostreet address for his company, BayTSP, just a post office box,” said Robert X. Cringely in 2002, going on:

“This is for good reason, since Ishikawa is one of the few Silicon Valley CEOs who regularly receives death threats. Uninvited visitors are not welcome at BayTSP, which hasa post office box in Los Gatos, CA, but could really be anywhere in the Bay Area.

“I certainly have no idea where the company lives, but I know why Ishikawa has so many enemies. It is because BayTSP acts as the primary enforcer for the Digital Millennium Copyright Act (DMCA), a law that is widely reviled in the technical community.”

We were curious when we saw comment post to a story we ran three years ago. Slugged eDonkey2k spy server increase, it kicked off »»»

The existence of servers operated by anti-p2p companies on the eDonkey2k network is nothing new. However, in the past 2-3 months, there’s been a significant increase in the amount of spy servers polluting this network. These anti-p2p companies are setting up these servers to monitor what users are sharing and to spread decoy files in an attempt to frustrate file sharers.

Every time a file sharer connects to a server, a list of files they are sharing is sent to the server. Normally, this isn’t a problem since legitimate server operators don’t care what you’re sharing, but these anti-p2p companies are hired by the RIAA and MPAA to investigate matters pertaining to copyright infringement and record the IP addresses of alleged copyright violators.

Anti-p2p companies, eh? Would BayTSP qualify, do you think?

The Reader’s Write was from Tom K over in Australia and when we pointed out to him the story was a little on the elderly side, “I uploaded to your site in that topic because although its an old story, the RIAA and cohorts are spying on p2p users and not necessarily those that are using p2p in an incriminating way,” he said.

Here’s his post. It’s long, but read it. It says »»»

A letter sent to:
paramount@copyright-compliance.com

Attn: Mark Ishikawa
Chief Executive Officer
BayTSP, Inc.

Dear Sir,

I am an Australian Internet User and have been since the 3rd of September, 1983 when my AT&T #B2 computer connected through the rented Telecom modem dialed to kirk.vax.berkely and transferred a 4 kb file at the blindingly fast speed of 54 bps and sent Australias first email,.

I have designed and implemented multiple Frame Relay, ATM and TCP-IP networks. I have publicly listed four ISPs on three continents.

I am now semi-retired and quite happy to leave the bits and bytes to the younger folk. I enjoy growing bonsai trees and dabbling on the edges of the market.

Unfortunately my peaceful reverie was interrupted recently by an email that was received by one of the three ISPs that I am multi-homed to.

This email alleged breach of Copyright laws. Which copyright law was not quite clear as no legislative reference was cited. Possibly you are relying on the proposed but defeated Digital copyright bill 1999 http://www.aph.gov.au/LIBRARY/pubs/bd/1999-2000/2000bd102.htm. And ISBN 0642 42584 1 Advisory Report on the Copyright Amendment (Digital Agenda) Bill 1999. http://www.aph.gov.au/house/committee/laca/digitalagenda/contents.htm
DEAR SIR OR MADAM:

BAYTSP, INC. (”BAYTSP”) SWEARS UNDER PENALTY OF PERJURY THAT METRO GOLDWYN MAYER (COLLECTIVELY, “MGM”) HAS AUTHORIZED BAYTSP TO ACT AS ITS NON-EXCLUSIVE AGENT FOR COPYRIGHT INFRINGEMENT NOTIFICATION. BAYTSP’S SEARCH OF THE PROTOCOL LISTED BELOW HAS DETECTED INFRINGEMENTS OF MGM’S COPYRIGHT INTERESTS ON YOUR IP ADDRESSES AS DETAILED IN THE ATTACHED REPORT.

BAYTSP HAS REASONABLE GOOD FAITH BELIEF THAT USE OF THE MATERIAL IN THE MANNER COMPLAINED OF IN THE ATTACHED REPORT IS NOT AUTHORIZED BY MGM, ITS AGENTS, OR THE LAW. THE INFORMATION PROVIDED HEREIN IS ACCURATE TO THE BEST OF OUR KNOWLEDGE. THEREFORE, THIS LETTER IS AN OFFICIAL
NOTIFICATION TO EFFECT REMOVAL OF THE DETECTED INFRINGEMENT LISTED IN THE ATTACHED REPORT. THE BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS, THE UNIVERSAL COPYRIGHT CONVENTION, AS WELL AS BILATERAL TREATIES WITH OTHER COUNTRIES ALLOW FOR PROTECTION OF CLIENT’S COPYRIGHTED WORK EVEN BEYOND U.S. BORDERS. THE ATTACHED DOCUMENTATION SPECIFIES THE EXACT LOCATION OF THE INFRINGEMENT.

WE HEREBY REQUEST THAT YOU IMMEDIATELY REMOVE OR BLOCK ACCESS TO THE INFRINGING MATERIAL, AS SPECIFIED IN THE COPYRIGHT LAWS, AND INSURE THAT THE USER REFRAINS FROM USING OR SHARING WITH OTHERS, UNAUTHORIZED MGM MATERIALS IN THE FUTURE.

FURTHER, WE BELIEVE THAT THE ENTIRE INTERNET COMMUNITY BENEFITS WHEN THESE MATTERS ARE RESOLVED COOPERATIVELY. WE URGE YOU TO TAKE IMMEDIATE ACTION TO STOP THIS INFRINGING ACTIVITY AND INFORM US OF THE RESULTS OF YOUR ACTIONS. WE APPRECIATE YOUR EFFORTS TOWARD THIS COMMON GOAL.

PLEASE RESPOND INDICATING THE ACTIONS YOU HAVE TAKEN TO RESOLVE THIS MATTER. THE PROVIDED LINK HAS BEEN ASSIGNED TO THIS MATTER: HTTP://WEBREPLY.BAYTSP.COM/WEBREPLY/WEBREPLY.JSP?

/identification info deleted.

NOTHING IN THIS LETTER SHALL SERVE AS A WAIVER OF ANY RIGHTS OR REMEDIES OF MGM WITH RESPECT TO THE ALLEGED INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY RESERVED. SHOULD YOU NEED TO CONTACT ME, I MAY BE REACHED AT THE FOLLOWING ADDRESS:

MARK ISHIKAWA
CHIEF EXECUTIVE OFFICER
BAYTSP, INC.
PO BOX 1314
LOS GATOS, CA 95031
V: 408-341-2300
F: 408-341-2399
PARAMOUNT@COPYRIGHT-COMPLIANCE.COM

*PGP PUBLIC KEY IS AVAILABLE ON THE KEY SERVER AT LDAP://KEYSERVER.PGP.COM

NOTE: THE INFORMATION TRANSMITTED IN THIS NOTICE IS INTENDED ONLY FOR THE PERSON OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN CONFIDENTIAL AND/OR PRIVILEGED MATERIAL. ANY REVIEW, REPRODUCTION, RETRANSMISSION, DISSEMINATION OR OTHER USE OF, OR TAKING OF ANY ACTION IN RELIANCE UPON, THIS INFORMATION BY PERSONS OR ENTITIES OTHER THAN THE INTENDED RECIPIENT IS PROHIBITED. IF YOU RECEIVED THIS IN ERROR, PLEASE CONTACT THE SENDER AND DELETE THE MATERIAL FROM ALL COMPUTERS.

The consensus of the Australian Government Senate committee hearings resolved in 1998 that ISPs could not be held liable for the content on their networks
vis summary at: http://www.anu.edu.au/mail-archives/link/link9904/0362.html
- evidentiary summary half way down the page.

Your letter failed to identify if my ISP was in breach of any Australian legislation, could you please clarify how my ISP could be found guilty in only providing a raw carriage service. Your charges are akin the US Mail being found guilty of piracy for transmitting an envelope containing a dubbed DVD.

In this country we have precedent in that regard, which you would do well to research and refer to if you propose sending any more of these emails in the future.

If, on the other hand, you are merely counting on intimidation tactics, then in this instance you have failed.

The file referred to in your email could only have been a home-movie that I was sharing with my brother in Taiwan.

The Title of the home made movie was a joke between my brother and me. The file was not the 700 megabytes you claimed but only 21 mb. In the absence of my brother having an ftp server, I downloaded Emule as being one of the only reliable methods to transfer a large file across the internet.

Further, I note that additional to the afore described attempted intimidation your company through and by notifying its associated entities are also instituting a DDOS (denial of Service) against IP numbers that have been selected by your servers as potentially guilty of file sharing.

Instituting a DDOS attack against IP numbers is not a legal remedy under any court system that I am aware of, be it American (9th District) or Australian (Federal).

This definitely is contrary to Australian law and I hereby instruct you that should any similar occurrence repeat, then I shall in the first instance file a complaint with the Australian Telecommunications Ombudsman, the Australian Trade Practices, followed by seeking injunctive relief from yourselves repeating aforesaid criminal activity. The injunction will quite specifically request relief from repetitious criminal activities affecting not only my IP number but several IP numbers throughout Australia and falling under the guidelines of RICO activity. Although Rico actions are not recognized in this country, the court allows a wide latitude with the wording especially if informed that the injunctive relief sought will be duplicated in foreign courts and is being sought as a formality. You are on notice that the service company that will be filing for injunctive relief is a Nevada Corp in good standing and costs orders will be applied for in your jurisdiction.

Your actions caused my ISP (illegally and without just cause) to disconnect my internet services, albeit briefly.
However for the inconvenience, cost of telephone calls, lost service and my time, I shall accept $35.00 Australian in full and final payment.

For the pinging of my IP address at 25% service lost due to the pinging, I estimate the value of 72 hours pinging to be in the order of $5.66.

The total items equal $41.66 (AUD) and I will accept your bank draft or direct deposit, [details provided on request when you identify the preferred payment methodology]. Pay pal facilities are also available via xxx@xxxxxxxx.

Australia has observed similar antics (without the illegal pinging) from the Australasian Performing Right Association in the nineties

Vis Koltai (and 24 Australian ISPs) vs. APRA 1966 (For a summary - http://archive.humbug.org.au/aussie-isp/1998-09/msg00553.html)

And that particular venture did not turn out successfully for APRA.

If after this request and the granting of injunctive relief, should your company then continue to Ping Flood Australian addresses without specific permission from the ISP’s or the recipients all of whom are being financially damaged by your illegal actions, I shall have a quick whip around the ISPs to see who would be interested in taking on a class action against yourselves for this bandwidth theft and believe me, although I have retired from running large multi-national ISP’s, the chap that instituted the first international TCP-IP connection in Australia in September 1983, still has some “mates” in the industry.

I assure you that the nature of a constant (ping -f) attack on an ip number within an internet providers Frame-relay or ATM cloud has a debilitating cumulative effect on all packets aimed at any user within that cloud.

Statistical gathering shall commence at multiple locations around Australia to observe the source of the IP Ping attacks. Utilising RIPE and other similar databases, the owner, lessee and user of those IP numbers will be identified and notified of the legal action and included as co-defendents.

I reserve my rights to institute black hole procedures at several internet exchanges to prevent future successful attacks against Australian Internet users. Black hole procedures will include advertising identified DDOS originating IP numbers from several low AS number routers at 29 Bryant, Palo Alto, 55 Market, San Francisco, and 60 Hudson, NY.

All numbers so identified will be advertised as a complete /24.

This will result in your clients, associates, and cohorts in not being able to be reverse dns identified and therefore preclude them from being able to pass UDP traffic through the majority of Global routers. It will also preclude genuine traffic from being passed to their IP numbers.

I shall also advertise my intent publicly on several web sites and request the internet online society to assist in stopping this reprehensible and illegal activity.

I understand that you are desirous of serving your masters for the coin they offer, however breaking the laws of a foreign country is one that can only end badly for your company.

I note the lack of conclusive judgments in relation to thirty thousand subpoenas recently served in the USA; which would appear as a poor precedent for International activity should you be so inclined.

I assure you that I take this deprivation of my civil liberties most seriously and will prosecute this matter to its ultimate conclusion unless you;

Respond with an apology; and, undertake not to pass on IP numbers to third parties or anyone for the purpose of identifying private individuals to enable their IP numbers to be pinged by your or their servers

Make good the payment of monies as outlined above.

Further, I strongly recommend that you alter your letters from threatening, overbearing and bullying to a friendly request; because I assure you that ISP’s have no legal right in Australia to disconnect users for downloading anything they like and I shall be writing to all of them to inform them of their rights and your dubious legal position. There are however, as you well know remedies under law that your company could pursue if it was serious in its attempts to prevent the downloading of copywrite materials and your failure to institute those remedies and only rely exclusively on bullying and intimidating stand-over tactics and illegal Denial of Service attacks, causes one to seriously ask who are the criminals here.

I do however thank you for bringing this injustice to my attention; Australia has only a small amount of incoming bandwidth for its 20 million inhabitants and for your organization to be involved in any way with the theft of any part of that bandwidth is deplorable.

I do enjoy standing up and fighting on behalf of the little guy, especially when I am one of the little guys.

Yours faithfully,

Tomk - Australia

In his email to p2pnet, “In Australia, we are not yet part of the WIPO treaty,” says Tom, going on »»»

Our laws allow a little more latitude e.g. time-shifting.

The basic law is covered in http://www.austlii.edu.au/au/other/dfat/treaties/1978/2.html which has
in the most part been replaced by http://www.austlii.edu.au/cgi-bin/sinodisp/au/legis/cth/bill/cab2006223/cab2006223.html?query=copyright which is explained in http://www.austlii.edu.au/cgi-bin/sinodisp/au/legis/cth/bill_em/cab2006223/memo_0.html?query=copyright.

However it is a criminal offence in Australia to own a device that was manufactured for the purpose of copying copyright materials. Therefore anyone with a VCR/PVR/Computer/Photocopier is in fact guilty of a crime.

As yet the RIAA have not attempted any copyright actions against the man in the street in Oz.

In your post I would appreciate if you mentioned that the act does not mention ISP’s. The reason I did not quote the legilation to BayTSP is that I do not consider I should do their work for them.

BayTsp are running “spy” servers that attempt to entrap users by advertising the same services as do the other servers and thereby enticing users to procure illegal copies. They then use the information … to intimidate ISP’s into turning off the user.

Whilst it may seem ok for them to do so, it is still entrapment. The information so gleaned is unuseable which is why there is no case law on this matter.

Could they obtain a conviction on this information? Highly doubtful - providing competent counsel were retained.

Are they succeeding? Yes. User numbers are down by 30% since 2005 (although file numbers remain constant). However every day over 32,000 copies of an emule variant are downloaded somewhere in the world. So essentially the user base replicates itself every twenty-four months.

To maintain a P2P sharing community users MUST use safe server.met files (http://www.gruk.org/server.met.gz)

They must use Ipfilters and preferably only use the servers to start up for new files.

Essentially I am proposing that everyone utilise kad as much as possible.

Sourcing is another problem that users have. Sourcing from sharethefiles or similar is a must. Therefore whilst there are some great guides on various internet sites, there needs to be a “file sharing for dummies” guide that explains all the steps to maintain an enjoyable p2p experience.

This is not because I condone or support illegal copyright distribution. It is because I believe that the future of global communications lies in p2p. Eg: Nextel Walkie Talkie mode is an example of a cross network p2p tunnelling protocol as is skype multi-mode video conferencing.

For P2P to be killed off by some bounty hunters using mischievous, devious and in some cases illegal practices would be long term crime against humanity.

Cheers, Tom, and many thanks for taking the trouble.

Jon Newton - p2pnet

---

Use free p2pnet newsfeeds for your site. It’s really easy!

Subscribe to p2pnet.net | | rss feed: http://p2pnet.net/p2p.rss | | Mobile - http://p2pnet.net/index-wml.php

---

Net access blocked by government restrictions? Use Psiphon from the Citizen Lab at the University of Toronto. Go here for details.

This entry was posted on Wednesday, September 17th, 2008 at 10:14 am and is filed under Freedom, P2P. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

HOME

Viewed 2744 times