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by pocksuppet 42 days ago
> It is also not even required to show that that single byte was uploaded, your IP getting logged as part of the swarm suffices

What if someone would release software that would connect to random swarms and not upload or download anything? Would they still be criminally liable? You could disguise the purpose by saying it's measuring swarm diversity.
2 comments
rendx 41 days ago
It's a mistake to assume courts need "proof" for a ruling. It's totally sufficient if courts find that it's just the most likely. "Not guilty until proven innocent".

If you receive child porn in your mailbox and the package is caught, you better have a really good story. Like, prior documented proof of harassment.

In regards to your question, and Germany specifically: Media companies hire specialist lawyers. These lawyers prefer to sue in Hamburg, where the courts are known to be very media company friendly. It's just not likely that you ran some experiment and didn't upload anything, so you better have it documented well enough to convince the court.

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pocksuppet 41 days ago
What happens if someone puts child porn in 100 random person's mailboxen, and does not get caught?
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rendx 38 days ago
Well what do you think would happen?

I would think that at least a couple dozen of those 100 random people will report to the police. These reports can be used in court, and may or may not convince the judge that you're also one of the victims. You'd also think there was other circumstantial material to be used either arguing for or against.

Compare to torrenting: Not a dozen of 100 people will independently and proactively report that they ran some "experiments". You're on your own with that story, and it sure sounds like an excuse (to me) even if it were true. Plenty of people end up in jail (or with fines) being innocent. Real world is not the movies. Real courts do not need 100% certainty to "prove guilty according to law".

https://en.wikipedia.org/wiki/Reasonable_doubt

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mafuy 41 days ago
Back in the day, this would 100% get you letters from law firms that extort money from you (usually around €400 to €2000). Failure to pay had a fair chance to get the case in front of a judge. You will have argue with him that you did it for fun and did not actually up/download anything.

If the judge does not believe you, expect to pay something like 3-6 months of income. If he does, you only have to pay your lawyer (the opponent will not). Back then, I'd say it was a 50:50 chance, provided you have excellent documentation and a good lawyer.

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pocksuppet 40 days ago
That's awesome! So a media company technician can plant IPs and ruin their competitors lives. No wonder this country keeps failing to get a tech industry.
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