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August 04, 2004
One Way Darknets Are Vulnerable
Posted by Ernest Miller
USA Today publishes an AP wirestory about the recent prosecution of a copyright infringer who was a member of the warez group DrinkorDie (Washington state man sentenced for copyright infringement). In return for no jail sentence and a $6,000 fine, the defendant provided information on other member's of his group:
Burns departed from minimum sentencing guidelines of 33 to 41 months imprisonment, noting Myers' cooperation in exposing and breaking up several warez groups.
Another reason why
darknets will be invulnerable to legal attack. If you keep them small, you'll be safe, but subject to the social controls of the group. If they grow too large, they'll become vulnerable to legal attack.
Darknets will be a significant part of our filesharing future, I believe, but they won't be perfect substitutes for the current, open filesharing networks. Ultimately, I think they will be supplemental and complimentary to licensed filesharing networks.
via BNA's Internet Law News
Comments (4)
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Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School.
Ernest Miller's blog postings can also be found @
1. Seth Finkelstein on August 5, 2004 12:58 AM writes...
I'm even less sanguine. Just have the RIAA offer a bounty for turning in "thieves", and watch all the "Darknets" suddenly come out into the light.
It's the old security issue - people focus too much on the technical defenses, and not enough on the likelyhood of betrayal from insiders.
Permalink to Comment2. Alexander Wehr on August 5, 2004 02:24 AM writes...
if they plan to make this a general strategy, they can plan on a "war on filesharing" much like the "war on drugs".
for every group they kill, former members will disperse and make new groups.
every time there is a massive crackdown on darknet outlets, i see new initials on shared files.
The culture on these nets is one of principle, but as with politics, everything is corruptible..
(in the case of our lovely congress, too corruptible)
Permalink to Comment3. JD Lasica on August 5, 2004 05:41 AM writes...
Which licensed filesharing networks would those be, Ernest?
Permalink to Comment4. Ernest Miller on August 5, 2004 05:44 AM writes...
JD,
They don't exist yet, but they will eventually, I think. Filesharing isn't going away.
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