I've been wondering how they would tell if it was legitimate as well. There are some easy checks that would indicate that it was coming from a legal source like the site it's coming from, but what if I'm downloading from my dropbox account or from a remote backup. How is legitimacy determined then. Do I just get a strike for completely legal activity.
In general, Hollywood movies are not legitimately available over any P2P system. P2P monitoring companies can't see your Dropbox, so that's not a concern. Also, you can challenge strikes if you think they're in error.
You can challenge strikes by paying $35 and you can only challenge one strike for "you misidentified me, you muppets" (even if the "independent board" finds in your favor!!)
Seems about as fair as we'd expect from the MAFIAA to me.
Actually ISPs won't be scanning for this. Even if they wanted to (which they don't), they don't have the databases of content to match traffic against. They wait for content owners to complain about a specific IP address, and the ISP delivers the complaint to the person behind that address. The identity of the user is pretty much never revealed to the content owner unless they get a court order.
