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Rather obvious
Brad, I'm not going to blow tens of thousands of dollars on an overpriced network appliance just to satisfy you. I'm more than capable of detecting BitTorrent, KaZaA, and other abusive software with network monitoring software that I have written myself. As for actually prosecuting someone: we have never yet had a situation in which a user continued to abuse the network when we've informed them that they were violating our Terms of Service and Federal law. No test case is necessary; "exceeding authorized access" is a per se violation of the statute. It's ironic that you, who oppose suing of users by the RIAA, would ask us to have a user prosecuted.