More like I've decided that it simply isn't worth discussing this issue any further with a copyright thief.
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Genesis once bubbled...
Yep, they were.
It was several hosts, but the bulk of the traffic was coming from Sprint. Not all of it - it was a classic distributed denial of service attack.
We were VERY well connected. Multiple full DS-3s and multiple full route exchanges with others; we weren't a "low level" ISP by any means, but rather a pretty large regional player. A small ISP would have been buried and unable to provide any service to anyone. That was the attacker's intent, of course.
The attacks were in retaliation for political activity that we undertook on the kiddie porn trafficking that was, at the time, rampant. It probably still is, but I no longer monitor the issue closely, as I'm no longer "in the biz."
I was somewhat of a target for a lot of folks who got off on buggering little kids, and wanted their pictures, along with those who were knowingly providing them a conduit for their activity.
It wasn't one episode; we had a more-or-less running cat-and-mouse game with the people who were into trying to knock us off the air for more than three years. They never did actually succeed, but when the attacks got particularly bad we did notice, and there were some points where our NOC got concerned about potential instability. Those times were where I got involved directly and started raising hell.
I am VERY good at interposing technical solutions to these kinds of problems, including hacking up custom software on machines to "front run" the routing functionality, diverting the bad stuff to the trash and keep us from being melted down. Since we had plenty of raw bandwidth available, the problem didn't lie there - it lay in the core equipment (most of it CISCO based) being unable to deal with the dynamic load fluctuations.
Right, the router gets hit with enough direct traffic and the processor goes into hyper drive eventually driving the process utilization over 70% to 80% causing the router to no longer be able to route. How long ago was this? Seems like you could have pointed everything from that block to a null interface and chunked it there or was enough coming from individual host address making this impossible?
The way you deal with it, assuming you have the raw bandwidth (if you don't then the people feeding or peering with you will probably 'feel" it and at that point they get interested in solving the problem too as THEIR gear starts crashing!) is to devise technical solutions as a stop-gap and keep you on the air, log and trace back what you can, and raise hell with the providers and, if necessary, law enforcement.
I still do some of this stuff on a commercial basis but these days its focused on spam interdiction through custom software.
Genesis once bubbled...
17 USC 412 does not say you can necessarily recover statutory damages in the circumstance where you register after the infringement commences.
It says you are BARRED if you do not meet certain requirements, and I will direct you to the word "OR" in there, which prevents recovery from an infringement on any unpublished work, irrespective of later registration (even within the three month window.)
I assume you remember the BASIC and FUNDAMENTAL separation of powers in the government? You know, the rules you were supposed to learn to pass HIGH SCHOOL?
Let me refresh your memory.
1. The Legislature WRITES laws.
2. The Judiciary INTERPRETS laws.
The law has been INTERPRETED.
In fact, the exact argument you're running here was tried in the cited case, as the infringement extended beyond registration, on the claim that each act was an indivdual offense, and failed on appeal.
The clear legislative intent (in the House notes, which I have read) provides the three month exception SPECIFICALLY for reporting on news items that must be immediately published and other similar circumstances where registration prior to publication was impossible. It was not intended to provide safe haven for people to play "gotcha", and given the case law history, unless you have something more recent than the cited case, I'd bet an attempt to play that game fails on the general principles of equity if nothing else.
You might, however, be able to persuade a judge to award statutory damages if you have (1) a timely registration in the
"grace" window, (2) actual notice to the infringer post registration, and (3) a refusal to deal with it at that point.
That would comport with the intent of the 1990 revision. Using the tardy registration post-infringement as a means of playing "legal gotcha" is clearly outside of the intent of the 1990 revision to the law and I wouldn't bet a nickel that you'd win that argument.
<snicker>Northeastwrecks once bubbled...
Do you have anything else you'd like shot down?
Northeastwrecks once bubbled...
More like I've decided that it simply isn't worth discussing this issue any further with a copyright thief.
There was also a more recent case (within the last 3 years) allowing page owners to prohibit "deep linking", or the practice of sites like slashdot and drudge of linking directly to a page other than the home page of a site.WJL once bubbled...
I remember a case about 8 or 10 years ago where the owners of one site successfully enjoined another site from linking to their site without permission. If I have time I'll try to find it for you this afternoon.
Steve_S once bubbled...
Hello to my new found friend SeaJay
You said:"Don't worry... There's no real song there. It's just a bogus file. Go ahead and check it and let me know what you find."
Are you saying that all those .mp3 files on your server are currently not real files/songs? Please think very carefully before you answer this question.
BTW, I can get you plenty of traffic if you want it but it will require a few changes in your site content, changing to an Apache/Linux solution, and a business plan to monetize this traffic.
I'm loving the other high level geek speak from you network/abuse folks. I had no idea this Community has such versatile divers.
BTW, just so others aren't confused, the talk about Sprint is referring to their role as a Tier 1/ Backbone provider which is very very different than a normal US based "host" where the DMCA actions often get immeduate and swift results as per my posts and others.
Think of Sprint as the top of the food chain which provides the necessary freeway for you to reach a given site who uses their line via their host who is position 2 in the food chain. Somewhat simplafied to help you.