German court raises doubts about porn piracy case

December 20, 2013

A regional court in Germany says it may have slipped up in a case that saw thousands of Internet users receive copyright infringement claims for watching pornography online.

The Cologne court says it examined complaints from dozens of people who received warning letters from a Swiss-based company demanding €250 ($340) for allegedly watching pirated porn on a video streaming website.

Legal experts say the court should never have granted The Archive AG's request to identify the users, because it failed to establish that they had breached German copyright law.

The court said in a statement Friday that the complaints had raised "considerable" doubts about the legal procedure, though a final decision isn't expected until January.

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kotyto
not rated yet Dec 21, 2013
An incentive to use anonymous browsing such as TOR.
antialias_physorg
not rated yet Dec 21, 2013
}An incentive to use anonymous browsing such as TOR.

Doesn't help, since they got the IP addresses via court order directly from the ISP (Deutsche Telekom)
I.e.the last leg of the chain of servers.

TOR only works for obfuscation where you're originating from if you're at the other end (at the website's server) and try to figure out who's accessing it. And even then only against someone with not much resources (read: maybe the site's IT department)

There are ways to still track you through TOR (Bad apple attacks, end-to-end analysis, ... ) these require a bit of skill/resources but not unfeasably much so. In the latter case you need a lot of timestamped data and some simple statistical analysis tools. In the former you need to inject your own server into the TOR system - which isn't particularly hard to do.

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