has now published the report with which the controversial Abmahnanwälte want to prove the correctness of their actions in the case Redtube. However, content and design are likely to have the opposite effect. By Benedikt Fuest
In the case of Redtube warning letters show gaps in a just-published report that the address determine the Redtube users in the network was legally dubious at best.
The opinion of the Munich patent law firm Diehl and Partners was commissioned by the company itGuards in March 2013 – it should demonstrate to the Cologne Regional Court found that their software Gladii 1.1.3 as investigative tool against Redtube streaming users is good.
But not all Cologne judge followed the reasoning of the expert – two chambers expressed doubts, and gave after the receipt of the opinion the information requested by the Berlin lawyer Daniel Sebastian on the names and addresses the porn watcher in the summer of 2013 not take place.
Even a first reading raises doubts
Now the opinion of the law firm Müller Müller Rößner from Berlin is online. Even a preliminary reading revealed gaps in the assessment and shows why the Cologne judge doubted.
expert was Dr. Frank Schorr, in his patent attorney and a doctorate in physics with 18 years of professional experience and – according to self-description in the report – “with the technologies of information processing and transmission of information via the Internet familiar to an extent that goes far beyond what is necessary for the present study measure. “
Schorr already logged in December 2012, as three video files ansurfte to two days to three porn portals and was looking at her with the integrated on the website video player. Then he logged himself into the “web interface” of Gladii software, and found his interactions with the porn websites, including its IP address and matching time logged.
It is worth noting that the company itGuards, said the official authority of the opinion, on 21 March was founded – that only a few months after Schorr wants to have carried out the first test with the software of the company. The report itself is then to 22 Dated March 2013.
The major details lets the opinions of
With the described test Schorr saw done his duty appraiser and confirmed “the objectives of the review were met in full.” The source code of the software, he not examined, the exact role he also does not describe. He makes the crucial detail undescribed: How exactly could Gladii 1.1.3 spy on the IP connection between the host of the porn watchers and the streaming server from Redtube
traces in the browser caches users affected suggest that users were redirected through specially created websites specifically to the corresponding porn, and that only by diverting a logging was their IP addresses.
It is at this point is unclear Schorr reports, more, it has, at least in the present copy a clear gap. The appraiser does not describe exactly where he said he ansurft files. Instead, he writes in section 6.4.2, only that he had the videos by “clicking one shown on the page and representing the respective video ‘Thumbnails’” – ie a preview image – selected: “Then began the presentation of the video.”
section 5.3 seems lost
But who reconstructs itself that path and thereby the link set out in point 5.2 of Schorr video file inputs, which must click on any thumbnail, instead immediately loads the video player of the page. Schorr decisive step – exactly where he clicked on thumbnails to select the video which address had the thumbnail page, how did he know the address of this page -. Away in his description
This gap in opinion is a little later even clearer: In his point 7.4 Schorr describes what exactly Gladii logged
He also called the item “Selecting the media file (see section 5.3 above) corresponding videos”. However, this Section 5.3, there are, in its opinion, at least in the “world” this copy at all.
The leaders started with the withdrawal
from the forensic point of view crucial point – how exactly determined Gladii technically the IP addresses of users – the appraiser is guilty. He is confined to confirm the function in three individual cases, and stays there apparently incomplete. An inquiry of the “world” at the Registry remained unanswered.
The report falls into a number of inconsistencies in the case, now therefore determined the Cologne public prosecutor ex officio. Meanwhile, the leaders started apparently with the withdrawal: The website of itGuards is no longer accessible now
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