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Possible Technical Defense Against P2P Infringement Claims

Articles / Emerging Legal Issues
Posted by elliot on Jan 27, 2004 - 05:31 AM

It is technically possible for hackers to feign an IP address. A while back, Intel branded all Pentium 4 (and better) chips with a unique code in order to identify the computer at an IP address. AMD does not brand its processors with such a code.Is this a possible defense to a claim of copyright infringement (i.e. although it appears that the infringer's IP address was involved in the infringing activity, how do we know his/her computer was involved?).

Food for thought ...Questions: Should plaintiff be required to prove that not only the IP address but the computer of the alleged infringer was involved? Is the IP address alone sufficient as a matter of law? Should all chip manufacturers be required to brand their chips with a unique identifier? Should ISPs be forced to record this information? Is this a legislative or judicial determination? Sounds like a law school exam question :)

Thoughts by Elliot M. Zimmerman

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