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Old 04-17-09, 07:22 AM   #1
danlisa
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Default PirateBay Founders Jailed

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So, providing an index service is a violation of Copyright is it?

I sense the deep pockets of the Entertainment Industry here.
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Old 04-17-09, 07:33 AM   #2
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They were decided to be quilty long before the trial. We'll see how the ruling changes when they appeal to higher courts.
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Old 04-17-09, 07:42 AM   #3
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So the swedish state has finally given in. Jail for providing infrastructure that is very much similar to google.

In other news: Obama will not prosecute torturers.

Depressing. I just hope they win in a higher court. In also hope there will be a new boost to pirate parties world wide, generation X has been apolitical for far too long.
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Old 04-17-09, 07:45 AM   #4
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I just hope they win in a higher court. In also hope there will be a new boost to pirate parties world wide, generation X has been apolitical for far too long.
For every one that gets taken down, 2 more arise.

The interweb is too large to police effectively.
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Old 04-17-09, 07:51 AM   #5
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That's the thing but with a name like pirate bay I think that is a fair assupmtion.
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Old 04-17-09, 09:22 AM   #6
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Next up to be jailed: Google owners for enabling copy protection violation, allowing minors to access porn and a whole host of other illegal activities.
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Old 04-17-09, 07:36 AM   #7
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But they were facilitating piracy by indexing links to copyrighted material.

In that way it is no different to people putting links to cracked software here and Neal doing nothing about it.

I don't deny that copyright law has to be reformed but with this case it seems that there was intent and they knew it was copyrighted material.

Now I see the telegraph guy was asking if google for example could be held liable if an internet search provided a return which was a link to illeagly hosted copyright material. I think that is disningeous as the google search is largely automatic so it won't know if the material is legit or not. With pirate bay there was definitely knowledge it was illegal.
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Old 04-17-09, 07:44 AM   #8
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Now I see the telegraph guy was asking if google for example could be held liable if an internet search provided a return which was a link to illeagly hosted copyright material. I think that is disingenuous as the google search is largely automatic so it won't know if the material is legit or not. With pirate bay there was definitely knowledge it was illegal.
It's hard to call TBH.

Yes, the majority of indexed links on PriateBay are illegally distributed items however, P2P sites such as these were initially created to share user created/un-copyrighted material. Not all torrents are illegal.

Also, yes I concede that they probably did initially create TPB to share illegal files but that's a hard thing to prove in court. I think a modicum of assumption has been applied to this case. That's not correct for a profile of this size.
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Old 04-17-09, 10:43 AM   #9
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Quote:
Originally Posted by danlisa View Post
Read Here



So, providing an index service is a violation of Copyright is it?

I sense the deep pockets of the Entertainment Industry here.
Uhh the pirate bay is a bit more then a indexing service, they also provide the trackers themselves, and that is a key difference.

Now if they only offered the torrent files with out tracking services that would be a different story.

As for copyright i think it needs some major reforms myself, like the expirey period.
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Old 04-17-09, 11:58 AM   #10
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Quote:
Originally Posted by NeonSamurai View Post
Uhh the pirate bay is a bit more then a indexing service, they also provide the trackers themselves, and that is a key difference.

Now if they only offered the torrent files with out tracking services that would be a different story.

As for copyright i think it needs some major reforms myself, like the expirey period.
True, but if I remember the trial correctly they never managed to show that the files they had downloaded as evidence actually were fully tracked through The Pirate Bay. If I understand the thing right, the torrent file can and do often contain more than one tracker. So in theory, you can download a torrent file from one site,say The pirate Bay, but the tracker used is provided elsewhere or even from more than one place?
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Old 04-17-09, 12:22 PM   #11
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Erm, wasn't it called PIRATEBAY?
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Old 04-17-09, 12:51 PM   #12
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But you can't be sentenced for the name, otherwise quite a few Rock Bands would be in jail too.
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Old 04-17-09, 03:14 PM   #13
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Quote:
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But you can't be sentenced for the name, otherwise quite a few Rock Bands would be in jail too.
No, but if the name describes the activity it's called evidence.
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Old 04-17-09, 04:10 PM   #14
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Erm, wasn't it called PIRATEBAY?
Yeah. What's your point?
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Old 04-17-09, 04:21 PM   #15
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Yeah. What's your point?
Umm, my point was (which everyone else seemed to be able to get) that it was a site clearly promoting copyright piracy.

What these fools were attempting to do is use the letter of the law to skirt the intent of the law. Glad it didn't work.

In any case, what if they opened up a website called "crackbay.com" and let others distribute crack cocaine via that site? Would that be okay too, because, hey - they aren't the ones actually distributing the drug?
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