Dave Farber's Affidavit

Prior to taking the task on, I checked their web site, sent email to their
address (which bounced) and in general tried to contact them. There  was no
contact info that did not seem false. I seriously doubt that this was just
the RIAA trying to make a case. They said they tried (I believe to the
judge) and to me and I tried.

After the filing, lots of things changed at their site -- like their whole
site so damn if I know what they did when . But my first contact was with
what strongly appeared to be a site that attempted to hide who did it.

Call it as you will.

Dave


------ Forwarded Message
From: Randall <rvh40@xxxxxxxxxxxxx>
Date: Sun, 18 Aug 2002 13:33:30 -0400
To: Dave Farber <dave@xxxxxxxxxx>
Cc: David Chessler <chessler@xxxxxxx>
Subject: Fwd: Re: [CYBERIA] Dave Farber's Affidavit

Now THIS is interesting!

----------  Forwarded Message  ----------

Subject: Re: [CYBERIA] Dave Farber's Affidavit
Date: Sun, 18 Aug 2002 14:03:27 -0400
From: "Peter D. Junger" <junger@xxxxxxxxxxxxxxxxxxxx>
To: CYBERIA-L@xxxxxxxxxxxxxxxx

Stephen Satchell writes:
: At 11:23 PM 8/17/02 -0400, Randall wrote:
: Excerpt from Dave Farber's Affidavit as posted by Randall (thank you!)
:
: >4.             Defendants can block access to the Listen4ever Site in
: > order to prevent copying and distribution of Plaintiffs¹ protected
: > material by programming their routers to: (1) direct all traffic
: > addressed to Listen4ever¹s ASN to an alternate site notifying them of
the
: > block, or (2) direct all traffic addressed to Listen4ever¹s IP addresses
: > or IP blocks to an alternative site notifying them of the block.  As it
: > may be possible for Listen4ever to change its IP address, any injunction
: > should also provide that if Listen4ever does so, then the new IP address
: > shall also be blocked after notification is given to Defendants.
:
: That works find if and only if the Listen4ever's server holds a single Web
: site, and not a name-based multi-site Web server.  If the latter, the
: mechanism as suggest by Farber is over-broad in denying access to ANY site
: on the server, and not just the one that is infringing on copyrights.
:
: I gave some technical details in a prior note -- if anyone missed that and
: needs to learn about this, try reading RFC 2616 section 19.6.1.1 for a
: summary, and other sections describing the "Host:" header line for details
: and rationale.
:
: That said, I finally got a response from the listen4ever.com server...and
: it's an "Under Construction" page.  I didn't have time to delve further to
: see if there are any unlinked directories.  I did invoke the page using
the
: absolute IP address and got what appears to be the identical
: under-construction page, so Mr. Farber didn't stub his toe on advice that
: would result in overbroad behavior.
:
: Satch

That under construction web page is all that is there now, so if
the injunction were issued it would have the effect of blocking
a pervectly legitimate web site.

It seems that as soon as the word about the suit got out to the
appropriate people in China, the offending web site was removed.

This strongly suggests that all the plaintiff's had to do was
notify the appropriate people of their complaint, and that
that would have solved the problem.  The appropriate people being
the Chinese authorities, the Chinese internet service provider,
the Australian registrar, or the people who answer the phone or
receive mail at the phone numbers and addresses included in the
contact information.

It seems apparent that the plaintiffs' lawyers avoided contacting
any of the appropriate people in hopes of getting an injunction
(and precedent) against the U.S. backbone service providers.

I don't think that I've ever seen a stronger case for Rule 11
sanctions.

Here is the whois information for list4ever.com.  If this has
not been changed since the suit was filed, then it is clear
that the plaintiffs had all sorts of ways to get the page
removed without involving the U.S. backbone suppliers.  They
apparently did not try to contact anyone.  They just claimed
that the e-mail address for the adminkstrator was a yahoo
email adress.  (They apparently did not even try to send e-mail
to that address.)

[junger@pdjunger junger]$ whois listen4ever.com
[whois.crsnic.net]

Whois Server Version 1.3

Domain names in the .com, .net, and .org domains can now be registered
with many different competing registrars. Go to http://www.internic.net
for detailed information.

   Domain Name: LISTEN4EVER.COM
   Registrar: MELBOURNE IT, LTD. D/B/A INTERNET NAMES WORLDWIDE
   Whois Server: whois.melbourneit.com
   Referral URL: http://www.melbourneit.com
   Name Server: DNS2.HICHINA.COM
   Name Server: DNS1.HICHINA.COM
   Updated Date: 08-jan-2002

>>> Last update of whois database: Sun, 18 Aug 2002 04:55:02 EDT <<<

The Registry database contains ONLY .COM, .NET, .ORG, .EDU domains and
Registrars.


[whois.melbourneit.com]

Domain Name.......... listen4ever.com
  Creation Date........ 2002-01-09
  Registration Date.... 2002-01-09
  Expiry Date.......... 2003-01-09
  Organisation Name.... Jun Sun
  Organisation Address. No.15 Xinghua yizhi road.
  Organisation Address.
  Organisation Address. tianjin
  Organisation Address. 300381
  Organisation Address. Tianjin
  Organisation Address. CHINA

Admin Name........... kery crise
  Admin Address........ Rotterdam-Maasvlaktee Europaweg
  Admin Address........
  Admin Address........ Rotterdam
  Admin Address........ 223211
  Admin Address........ Rotterdam
  Admin Address........ CHINA
  Admin Email.......... yourlisten4ever@xxxxxxxxx
  Admin Phone.......... (31)10-2217741
  Admin Fax............ 31)10-2217752

Tech Name............ luo qiang qiang
  Tech Address......... Linguo beilu
  Tech Address.........
  Tech Address......... Lasa
  Tech Address......... 223211
  Tech Address......... Xizang
  Tech Address......... CHINA
  Tech Email........... sfp@xxxxxxxx
  Tech Phone........... (86)0891-63322444
  Tech Fax............. (86)0891-63322444
  Name Server.......... dns1.hichina.com
  Name Server.......... dns2.hichina.com



--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
 EMAIL: junger@xxxxxxxxxxxxxxxxxxxx    URL:  http://samsara.law.cwru.edu
        NOTE: junger@xxxxxxxxxxxxxxxxxxxxxxxxx no longer exists


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