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Re: [dvd-discuss] Hang the RIAA in their own noose.
- To: dvd-discuss(at)cyber.law.harvard.edu
- Subject: Re: [dvd-discuss] Hang the RIAA in their own noose.
- From: Grzegorz Staniak <gstaniak(at)ajax.umcs.lublin.pl>
- Date: Fri, 19 Oct 2001 22:41:11 +0200
- Organization: w domu
- References: <E06ADA0073926048AD304115DD8AB6BC9D67B1@mail.onetouch.com>
- Reply-To: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
Richard Hartman wrote:
[---]
> > Your claim that if a computer is offering a port implies that
> > that access
> > should presume to be granted is not correct, unless you
> > assume that every
> > computer has perfect configuration.
>
> No, I claim that intent can only be discerned from the configuration.
> If you were to pursue a claim of trespass against the RIAA, you would
> have to show that you _attempted_ at least to restrict access. The
> fact that you misconfigured (perhaps the netmask was wrong) would not
> negate the fact that you tried.
In this particular case it could happen the "trespassers" wouldn't have
a slightest idea that you attempted to restrict access to your server:
they saw a new machine in the "network neighbourhood", they fired up IE,
typed the name into the Location bar... IMVHO it would take at least a
prominent notice on the homepage openly stating the (attempted) access
policy for a trespassing argument to be valid.
[---]
> -Richard M. Hartman
> hartman@onetouch.com
--
Grzegorz Staniak <gstaniak@ajax.umcs.lublin.pl>