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