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Don't use P2P. That includes PeerTube and other decentralized video platforms, at least not without turning off WebRTC swarming. The reason why this scam work
by kmeisthax 3y ago
Don't use P2P.
That includes PeerTube and other decentralized video platforms, at least not without turning off WebRTC swarming.
The reason why this scam works is:
- The defamatory nature of the content in question (which can't be fixed by law). In other words, a lot of people don't want it people thinking they watch gay porn
- The up-to-$150k-per-infringement statutory damages authorized by the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999, which just barely makes copyright litigation a profitable enterprise
- Inherent privacy vulnerabilities caused by P2P communications in a public swarm - i.e. the ability for anyone to obtain evidentiary proof that you downloaded the copyrighted fake gay porn
All of these factors are integral to the scam and it would fall apart if any one of them were removed. Take away the stigma regarding gay porn and nobody would settle. Take away the statutory damages and downloaders are only liable for the cost of a copy, if that, making copyright litigation against curious individuals completely unprofitable. And if the scammers hosted the content themselves (to get IP addresses), anyone could easily use historical DNS archival records to prove that the scammers hosted the content. If a copyright owner deliberately uploads their own content, the downloaders have an implied license to download it.
Or at least you could argue that as a credible legal defense. Remember that these scammers are only barely profitable because they encourage people to settle quickly. A lot of them would drop the case immediately if you even bothered to file a motion to dismiss. For this reason, the scammers would lie under penalty of perjury about the uploads being unauthorized, and once they got discovered they wound up going to jail for lying their ass off.