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Index > Heap > The Pirate Bay Trial: The verdict is out

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revolution
When all else fails, read the source


Joined: 24 Aug 2004
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revolution
TPB have complete control over the site. How can they not be responsible? Just because random people post all types of unknown things doesn't mean they can claim they have no control. Any website owner can choose to remove (or not remove) content at their whim. So if some random poster places some dubious content the site, the site owner can decide to either let it stay or remove it. They have control, hence they are responsible.

This is completely different from a DVD player. It is in your house under your control. How could the manufacturer be expected to remove content from your private DVD player?
Post 22 Apr 2009, 16:00
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f0dder



Joined: 19 Feb 2004
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f0dder
They are responsible by providing the service. If they hadn't been so blatantly open about what the purpose of the site is, and if they had reacted lawfully to the takedown notices, they might have gotten away with it (although I'm not sure, considering how the media industry can make countries bend over and violate their own laws).

Now, we can get into technicalities about torrent files not actually containing illegal material in itself, but IANAL. I do suspect that there's some "aiding a crime" thing they could be busted on - especially considering their snotty-teenage-rebel replies to the takedown requests.

That said, I'm not a fan of the way privacy is going down the drain.
Post 22 Apr 2009, 16:01
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Borsuc



Joined: 29 Dec 2005
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Borsuc
TPB still works... Laughing

What would be interesting would be to put up links to encrypted torrents (possibly in archives) which require a password. The password is not given to you until you "agree" with a "terms of use" of that information, which prohibits you from using what you decrypt with it as 'proof'.
I'm a member of a private community. It has similar function.

Also check this, it's from the TPB crew Cool

revolution wrote:
This is completely different from a DVD player. It is in your house under your control. How could the manufacturer be expected to remove content from your private DVD player?
If someone sells you a DVD burner and you use it to copy movies... are they responsible for it?

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Post 22 Apr 2009, 23:57
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f0dder



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f0dder
Quote:
What would be interesting would be to put up links to encrypted torrents (possibly in archives) which require a password. The password is not given to you until you "agree" with a "terms of use" of that information, which prohibits you from using what you decrypt with it as 'proof'.
I doubt an agreement like that means anything in court - you're still aiding a crime.

Quote:
If someone sells you a DVD burner and you use it to copy movies... are they responsible for it?
Not really, no, since they have a lot of other uses than burning pirated material - TPB and (especially) private trackers are probably >99% illegal material.
Post 23 Apr 2009, 00:04
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Borsuc



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Borsuc
f0dder wrote:
I doubt an agreement like that means anything in court - you're still aiding a crime.
They may be aiding a crime, but the ones who use it as 'proof' make a crime as well by not agreeing to that. So they are committing a crime if they do it themselves. For example, even if someone proves to you that you killed someone with your DNA, if they forcefully took DNA from you (i.e made a "crime" themselves for that), it won't apply in court.

But I guess it depends on the court, not sure how it is in Sweden.

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Post 23 Apr 2009, 00:14
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LocoDelAssembly
Your code has a bug


Joined: 06 May 2005
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LocoDelAssembly
Since the court found TPB staff guilty of copyright infringement, what is the legal situation of the sponsors now? I mean, if TPB is supposed to know that their content was illegal, then shouldn't be the sponsors guilty as well because of the monetary support provided to TPB (i.e. accomplices of the crime)?
Post 23 Apr 2009, 00:22
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Borsuc



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Borsuc
This whole trial is more like a boycotting. They seriously are not stupid and know they can't stop piracy. They just want to show off and inspire fear. Frankly, even the TPB crew don't buy it (as can be seen from their replies + that new service they plan on putting up).

EDIT: I guess what I meant with the password thing but more 'in english terms' (I looked some up) would be like this:

You can't put "intellectual property" on the files themselves as they aren't yours to begin with. However you can put that on the password which is your intellectual property.

Thus if you aided someone in breaching intellectual property and they use that as proof, they breached your intellectual property as well (the password) by not agreeing with the terms of use of it.
Post 23 Apr 2009, 00:25
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Enko



Joined: 03 Apr 2007
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Enko
Quote:

This whole trial is more like a boycotting. They seriously are not stupid and know they can't stop piracy. They just want to show off and inspire fear.

Exactly, they just want to make an example with this case inspiring fear.
Post 23 Apr 2009, 03:51
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revolution
When all else fails, read the source


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revolution
LocoDelAssembly wrote:
Since the court found TPB staff guilty of copyright infringement, ...
Minor correction, they were found guilty of accessory to crime against copyright law.
LocoDelAssembly wrote:
... what is the legal situation of the sponsors now? I mean, if TPB is supposed to know that their content was illegal, then shouldn't be the sponsors guilty as well because of the monetary support provided to TPB (i.e. accomplices of the crime)?
The sponsors have no control over the site, so I would hope that they are not in any trouble.
Post 23 Apr 2009, 12:36
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kalambong



Joined: 08 Nov 2008
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kalambong
revolution wrote:
They lost
Sweden has capitulated.

The notion of sovereignty of nation is no longer valid.

Now, corporate interests weight much more than the sovereignty of any nation.

Pathetic !! Really pathetic !!!!!
Post 23 Apr 2009, 13:20
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HyperVista



Joined: 18 Apr 2005
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HyperVista
Their defense lawyer is seeking a re-trial based on conflict of interest on the judges part ... interesting!

Link
Post 23 Apr 2009, 14:46
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f0dder



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f0dder
kalambong wrote:
revolution wrote:
They lost
Sweden has capitulated.

The notion of sovereignty of nation is no longer valid.

Now, corporate interests weight much more than the sovereignty of any nation.

Pathetic !! Really pathetic !!!!!
Bullshit.

Norway did bend over to the .us media industry when Jon Lech Johansen's home was raided back in the DeCSS case, but it's not the same kind of stuff happening in the TPB case.

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Post 23 Apr 2009, 15:45
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revolution
When all else fails, read the source


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revolution
Sadness ensues in France.

Lawmakers adopt bill to punish Internet piracy.

Some good retorts inside:
Law professor Wendy Feltzer, a fellow at Harvard University's Berkman Center for Internet and Society. wrote:
"It's backward to so much of how the Internet has been developed," she said. "It's trying to retain a business model that is already evolutionarily behind the times."
Post 13 May 2009, 03:00
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f0dder



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f0dder
revolution: AFAIK the EU just (within the last week or two) decided on legislation that makes the 3-strike law illegal - so I wonder if France will be able to get away with this.
Post 13 May 2009, 06:18
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revolution
When all else fails, read the source


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revolution
f0dder wrote:
I wonder if France will be able to get away with this.
I guess we will see just how much the EU courts are willing to enforce their ruling. Fines, sanctions, both or nothing? Maybe kicked out of EU Wink
Post 13 May 2009, 06:40
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Madis731



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Madis731
France is one of the greater countries in EU - not very likely to be kicked out. But as I saw from your emoticon, I may conclude that it was meant to be taken with a ... humor Smile
Post 13 May 2009, 08:31
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Borsuc



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Borsuc

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Post 27 Jun 2009, 15:08
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f0dder



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f0dder
The appeal court has recently (past week, iirc) ruled that he's not biased, though - major wtf if you ask me.

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Post 27 Jun 2009, 15:14
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revolution
When all else fails, read the source


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revolution
Convictions upheld in Pirate Bay file-sharing case.
Quote:
"People won't stop file-sharing because of this," said Andre Rickardsson, an expert on file-sharing and information technology security at Sweden's Bitsec Consulting.

"All that is going to happen is that this type of operations will just be moved to other countries," he said. "There are no frontiers for the Internet."
Post 26 Nov 2010, 16:01
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bitRAKE



Joined: 21 Jul 2003
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bitRAKE
Quote is accurate.

Also, new methods are being explored for piracy. Er, file-sharing, of course. Smile Mass media is such a tool - their own worst enemy.
Post 26 Nov 2010, 16:20
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