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 PostPost subject: Pirate Bay found guilty        Posted: Fri Apr 17, 2009 10:30 am 
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Pirate Bay found guilty

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The four men connected with The Pirate Bay were found guilty of being accessories to copyright infringement by a Swedish court on Friday, delivering a symbolic victory in the entertainment industry’s efforts to put a stop to the sharing of copyrighted material on the internet.

The four defendants in the case, Fredrik Neij, Gottfrid Svartholm Warg, Peter Sunde and Carl Lundström, had been charged with “promoting other people's infringements of copyright laws”.

All four men were sentenced to one year in prison and ordered to pay 30 million kronor ($3.5 million) in damages.


Source and more: http://www.thelocal.se/18908.html


Damn, thats one hell of a fine...

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 PostPost subject: Re: Pirate Bay found guilty        Posted: Fri Apr 17, 2009 10:52 am 
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Since the debacle started, it has irritated me that they should single out one site only from the very obvious dozens of other sites doing exactly the same thing. Victamisation or example? I think it is more likely they trod on someones toes who had influence.


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 PostPost subject: Re: Pirate Bay found guilty        Posted: Fri Apr 17, 2009 11:32 am 
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It's the top story on BBC News at the moment. Personally, I think it's just the media companies trying to make an example of TPB, saying to the other sites: "Look what will happen if you don't stop!". But that's the thing, TPB will never stop. Remember when the police 'confiscated' all their servers a while back? They were back online within three days.

The way I see it, TPB are not breaking any laws because, as the BBC News article says, no copyright content is hosted on The Pirate Bay's web servers; instead the site hosts "torrent" links to TV, film and music files held on its users' computers. So how could they find them guilty for copyright infringement when they themselves haven't infringed any copyrights? It's ridiculous.


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 PostPost subject: Re: Pirate Bay found guilty        Posted: Fri Apr 17, 2009 12:03 pm 
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WeirdEars wrote:
The way I see it, TPB are not breaking any laws because, as the BBC News article says, no copyright content is hosted on The Pirate Bay's web servers; instead the site hosts "torrent" links to TV, film and music files held on its users' computers. So how could they find them guilty for copyright infringement when they themselves haven't infringed any copyrights? It's ridiculous.



That's the reason why it was reduced to accessory to copyright infringement, as opposed to making available copyrighted materials, which would have been even harsher.

The Pirate Bay won't close, they'll appeal the ruling, and chances are they can't pay the fine anyway. All in all, a rather pointless win for the media companies.

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 PostPost subject: Re: Pirate Bay found guilty        Posted: Fri Apr 17, 2009 1:00 pm 
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I was watching their live press conference thing.
The people from TPB talking dont sound to worried :P
But still. This probably wont even slow down piracy.


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 PostPost subject: Re: Pirate Bay found guilty        Posted: Fri Apr 17, 2009 1:45 pm 
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davehc wrote:
Since the debacle started, it has irritated me that they should single out one site only from the very obvious dozens of other sites doing exactly the same thing. Victamisation or example? I think it is more likely they trod on someones toes who had influence.

I think it's probably got a lot to do with where the physical servers are located, as to why ThePirateBay was targeted. Remembering that the private torrent tracker OiNK got taken down and its owner got charged with defraud iirc.

Though I guess it isn't as bad as in Australia where an ISP (iiNet) is being sued by AFACT (Australian Federation Against Copyright Theft) for allowing Copyright infrindgement to occur on its network.......


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 PostPost subject: Re: Pirate Bay found guilty        Posted: Fri Apr 17, 2009 2:56 pm 
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davehc wrote:
Since the debacle started, it has irritated me that they should single out one site only from the very obvious dozens of other sites doing exactly the same thing. Victamisation or example? I think it is more likely they trod on someones toes who had influence.

It'd be fair to say that there are what, three good torrent sites around, Mininova, TPB and Demonoid, TPB just lost a lawsuit, Mininova is going to lose the lawsuit its currently involved in, and Demonoid has a long history of legal issues, nobody got singled out, and yeah they trod on every toe in the media (And software, and porn) industries by spreading torrents.


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 PostPost subject: Re: Pirate Bay found guilty        Posted: Fri Apr 17, 2009 7:00 pm 
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Well, it apparently now has servers across many country.

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 PostPost subject: Re: Pirate Bay found guilty        Posted: Fri Apr 17, 2009 10:09 pm 
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davehc wrote:
Since the debacle started, it has irritated me that they should single out one site only from the very obvious dozens of other sites doing exactly the same thing. Victamisation or example? I think it is more likely they trod on someones toes who had influence.


They are not being victimised. It makes perfect legal sense to go after the big cheeses in the torrent world, and the piratebay is not alone in that respect. Isohunt is also in the midst of 2 major legal battles, and we all know what happened to Torrentspy a couple of years back. Demonoid got shut down, Oink got shut down, this is just more of the same. In this case however it was not the site on trial, it was the owners/administrators. It was far more likely that they would get a judgement against those who operate the site rather than the site itself, which would continue operating no matter what. By going after the individuals, and provided the judgement sticks, the industry can go after them no matter where they relocate the site. They can simply keep on taking them to court and winning and when they crew have had enough they'll quit. It's a pretty smart move if you ask me. This may very well set a legal precident in Europe, if not elsewhere in the world, so expect to see more cases being won and more torrent sites getting raped.

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 PostPost subject: Re: Pirate Bay found guilty        Posted: Fri Apr 17, 2009 10:54 pm 
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merty wrote:
davehc wrote:
Though I guess it isn't as bad as in Australia where an ISP (iiNet) is being sued by AFACT (Australian Federation Against Copyright Theft) for allowing Copyright infrindgement to occur on its network.......


LOL. That's absurd.

TBP says though that the site will not go down and continue to operate normally, and that they don't even know where all the servers are located.


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 PostPost subject: Re: Pirate Bay found guilty        Posted: Sat Apr 18, 2009 1:11 am 
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I would honestly be surprised if this verdict isn't tossed on appeal.

My thoughts on piracy:

There is no point in debating the ethics of piracy on the internet. Some people are against it, some people are for it. I needed the CS4 Master Collection for work, but I certainly can't afford to pay thousands of dollars for it. If these companies are that concerned about piracy, maybe they need to put a reasonable price on their products. $20 for a CD with one hit, a couple of good tracks and 8 or 9 tracks of filler? That's not fair to the consumer.

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 PostPost subject: Re: Pirate Bay found guilty        Posted: Sat Apr 18, 2009 2:02 am 
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The company you work for should buy CS4. If you happen to make something decent looking that they use for marketing or that helps them bring in sales chances are that company is going to be netting more than CS4 costs. It's not an unreasonable price unless you aren't going to use it for anything, in which case you don't need it. Not only that but the company you are working for is taking a huge risk having pirated software on their computer, they risk paying a fine that is much much more than the cost of the software. If you're responsible for putting the software there then you're at risk too, and not just at loosing your job.

Working on computers, I refuse to install pirated software on machines and in some cases even to work on machines which already have pirated software on them.

That's not to say that I don't on occasion use it personally, but businesses certainly shouldn't.


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 PostPost subject: Re: Pirate Bay found guilty        Posted: Sun Apr 19, 2009 2:41 am 
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Did anyone happen to notice they didn't order TPB to shut down the site? Probably so they can charge whoever inherits the site. :wink:


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 PostPost subject: Re: Pirate Bay found guilty        Posted: Tue Apr 21, 2009 7:14 pm 
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QuiescentWonder wrote:
The company you work for should buy CS4. If you happen to make something decent looking that they use for marketing or that helps them bring in sales chances are that company is going to be netting more than CS4 costs. It's not an unreasonable price unless you aren't going to use it for anything, in which case you don't need it. Not only that but the company you are working for is taking a huge risk having pirated software on their computer, they risk paying a fine that is much much more than the cost of the software. If you're responsible for putting the software there then you're at risk too, and not just at loosing your job.

Working on computers, I refuse to install pirated software on machines and in some cases even to work on machines which already have pirated software on them.

That's not to say that I don't on occasion use it personally, but businesses certainly shouldn't.


I agree with you, and that is why I never installed it on my work machine, just my home rig. Mainly I use it for Dreamweaver, for the FTP functionality and webpage updates. I know that my boss has actually bought CS4, but didn't get a multiuser license.

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 PostPost subject: Re: Pirate Bay found guilty        Posted: Mon Apr 27, 2009 3:44 pm 
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Judge in The Pirate Bay case shouldn't have taken the case in the first place, he's involved in at least two, but up to 4, of the copyright infringement org's operating in Sweden, at least one of which he's on the leader board, and another he's working alongside with one of the prosecutors' lawyers (Monique Wadsted).

Hence, I've got a feeling they will have to overturn the ruling and make the whole case anew.

Remember, one of the first days, half the prosecutions' individual claims against TPB, had to be put away as it was things the defendants' lawyers wasn't informed about, plus, it wasn't relevant to the caseof the actual site anyways (IIRC) :lol

So... I believe (and hope) this ruling will be overturned and the case gets a new hearing. Hopefully the prosecution will learn it's lesson and not get an obviously biased judge. Kinda sounds like they wanted the biased judge in the first place, as they would likely not get anywhere otherwise :P


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 PostPost subject: Re: Pirate Bay found guilty        Posted: Mon Apr 27, 2009 5:21 pm 
As if closing TPB would bite the pirates... A lot of private trackers are going on.

Truth is, deal with copyright infringiment and cope with that. Simply get TPB to pay a monthly fee to the authorities and that is all. That would not be a bad idea since most of it's members were getting money to help Sunde.


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 PostPost subject: Re: Pirate Bay found guilty        Posted: Tue Apr 28, 2009 7:33 am 
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clikcety for those of you who wants to follow the PirateBay case and how it's going..... not google translation, it's SR themselves so should be allright


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 PostPost subject: Re: Pirate Bay found guilty        Posted: Tue Apr 28, 2009 7:38 am 
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I finally have my development setup back up and running (never should have bothered trying to develop on a linux machine while working on a windows machine, damn things never talked to each other). I've been picking at my tracker software, just got all the errors on the front page taken care of (even got it to give you the server load for Windows machines, but it increases the load time by 10x). Even if Pirate Bay went offline, I can assure you that MANY private trackers will come up.


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 PostPost subject: Re: Pirate Bay found guilty        Posted: Mon May 04, 2009 4:24 am 
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WeirdEars wrote:
It's the top story on BBC News at the moment. Personally, I think it's just the media companies trying to make an example of TPB, saying to the other sites: "Look what will happen if you don't stop!". But that's the thing, TPB will never stop. Remember when the police 'confiscated' all their servers a while back? They were back online within three days.

The way I see it, TPB are not breaking any laws because, as the BBC News article says, no copyright content is hosted on The Pirate Bay's web servers; instead the site hosts "torrent" links to TV, film and music files held on its users' computers. So how could they find them guilty for copyright infringement when they themselves haven't infringed any copyrights? It's ridiculous.


Its like putting warez on your computer, and saying "I'm not infringing copyrights - my computer is!

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 PostPost subject: Re: Pirate Bay found guilty        Posted: Mon May 04, 2009 4:32 am 
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well, 99% of all the warez/torrent in TPB was never putted in by the owners of TPB so I think TPB won't be guilty for copyright infringement but they will be guilty for promoting the spread of warez.

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 PostPost subject: Re: Pirate Bay found guilty        Posted: Mon May 04, 2009 9:27 pm 
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More than likely the argument will be "Is giving torrents to users that download warez illegal?". After all they are the ones who own the servers and therefore the ones that gave out the torrent files.


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 PostPost subject: Re: Pirate Bay found guilty        Posted: Mon May 04, 2009 10:03 pm 
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zamadatix wrote:
More than likely the argument will be "Is giving torrents to users that download warez illegal?". After all they are the ones who own the servers and therefore the ones that gave out the torrent files.

Exactly.
Thlump wrote:
well, 99% of all the warez/torrent in TPB was never putted in by the owners of TPB so I think TPB won't be guilty for copyright infringement but they will be guilty for promoting the spread of warez.


So you create a website called "The Pirated Stuff and Illegal Download/Warez Server" Isn't that a bit obvious they WANT people to put warez on?

Its like saying "Put warez on my server" and when lawyers come, say "Oh, I didnt put it there - someone else put it there."

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