Quote:
Originally Posted by HarryT
I agree that it would be necessary to prove beyond reasonable doubt that the download had been made via your IP connection (as you say, the ISP's logs should be able to prove that). Just as, when a traffic camera takes an image of your car breaking the speed limit or jumping a red light, it's the photograph that proves that it is your car, and not another vehicle using false number plates.
But, once the proof is there that it's your IP address, then either you take the fine, or you state who was responsible, just like you do with a speed camera conviction. Is that unreasonable?
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Here, even with traffic cameras, if the camera does not capture your face behind the wheel, the judge will immediately throw it out on a verbal motion. Of course, you have to actually go to court to get that done, and most people don't bother, but they would if the traffic fine was hundreds of thousands or millions of dollars.
In the case of piracy--or worse IP-related crimes--it does NOT mean a case can never be prosecuted. It DOES mean that they need more evidence. There are various avenues to obtaining that.
Again, as the payer of the bill, you don't necessarily know who it was anymore than they know it was you. That guy across the street hacking your wireless wasn't kind enough to provide you with his name and number. Here, all logs point only to you.
The logs are clearly not enough. That's not a cop-out. That's a fact.