Pirate bay court case

Oink is a great example of that - the worlds most complete private music tracker is taken down and replaced instantly by many others, and two in particular that are now far far far bigger and more organised than Oink.


Depends what you mean by bigger. The largest of the 2 has half the user base, and the other is half of that. Torrents uploaded is harder to compare because they run different rules on the new sites (allow different formats and lower bitrates than what is already uploaded.
 
I think we can agree though that the pirate bays eventual downfall will be that it just got too big, too publicised and too cocky.
 
Are shops that sell guns and knives responsible for murder when one of their customers kills someone. Are BASF and Memorex guilty of manufacturing products which assisted all the copying that went on before downloading?

We've already had this argument in this thread.

TPB had the sole intention of generating a platform to share illegal files. Yes I know they don't store any files, yes I know torrents are legal.

If I called my gun shop MuderGuns - would I still be open?
 
absolute radio news just said "four men in connection with torrent site the pirate bay have been jailed blah blah, and something about paying back over 2 million in loyalties to companies like WB, couldn't quite hear properly because boss was raging on in ma ear.
 
If I called my gun shop MuderGuns - would I still be open?


Yes

what you chose to call your business is completely irrelevant

also, so are you trying to say that if they had called themselves, "the sharing bay" instead of the pirate bay, that they would have gotten off ??
 
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I don't understand why the ISP don't (or aren't forced to) just block the torrent sites and suspect newsgroups. They manage to block some black listed sites (child porn for example) so why not torrent sites? It's not hard to compile and maintain a list of the the main sources of torrents.

The ISPs don't control the Usenet servers. All they see is encrypted traffic passing through, on the way to the user. It would be impossible to determine how much, if any, of that traffic is from 'suspect' newsgroups.

The ISPs could just block all direct access to Usenet servers and provide free, cached, unencrypted access to all subscribers.

The first ISP to try that would wind up with a customer base of zero. :p

If anything is going to be done, they all have to do it. Simultaneously.
 
I must admit I find it really hard to see what they could be found guilty of ?

The post office advertises that you can use it to send parcels from one place to another. If a parcel contains cocaine should the post office be taken to court.

The PB are an enabling technology, if the tech is used for illegal purposes you have to prosecute the "dealer" or the "user".

Car companies like Porsche and Ferrari blatantly sell cars that are flaunting top speed and performance. Should they be prosecuted for encouraging speeding - No of course not.

The PB verdict stinks of pressure and "The Man" getting his way again.
 
Yeah, i can't quite believe they got jail time.

I'm still not taking sides, but i find it quite unlikely that i'm ever going to pay for music again, especially if my money is only going to be used to put people who upset the record companies in prison.

I'd have been fine with shutting TPB down and banning them from being allowed to host another site ever again, and even with the 2.4 mil fine... but jail? -1 customer.
 
The music and film industry are a bunch of dinosaurs, you'd think that they'd have twigged after 10+ years that stopping this activity is futile.

Until they innovate and come up with proper media distribution they are always going to be forked.

Wonder what the next site to pop up will be? I think torrents are dead anyway for pirated media it will be hosting sites like rapidshare next for the chop.
 
Yes

what you chose to call your business is completely irrelevant

also, so are you trying to say that if they had called themselves, "the sharing bay" instead of the pirate bay, that they would have gotten off ??

gotten?

Anyway, the gun example - the crime (murder, whatever) is committed AFTER the transaction, so obviously the shop is not in control of this.

TPB - when downloading illegal content the crime is commited when you conduct the transaction - the site IS in control of this.

As such TPB is more responsible.

Jail is not over the top, they knew what they were doing.
 
LOL at myslef, at gotten. I was writing in a hurry

but i still think prison is too harsh...considering they didnt host any illegal material..
 
I must admit I find it really hard to see what they could be found guilty of ?

The post office advertises that you can use it to send parcels from one place to another. If a parcel contains cocaine should the post office be taken to court.

The PB are an enabling technology, if the tech is used for illegal purposes you have to prosecute the "dealer" or the "user".
The difference is that TPB blatantly started their site as a place where torrents linking to illegally distributed media is acceptable, and made no attempt to change that when asked to do so. If they had removed torrents that linked to such media when requested (like Google does with its search engine and with YouTube) there wouldn't be a problem. [But then again, there wouldn't be a TPB either...]

Car companies like Porsche and Ferrari blatantly sell cars that are flaunting top speed and performance. Should they be prosecuted for encouraging speeding - No of course not.
No, in the same way that (as mentioned) gun shop owners shouldn't get prosecuted for legally selling guns. However, as soon as they start breaking the law (in the case of the gun shop, this would be selling guns to unlicensed users, or with the intent that the gun be used to break the law) then they will be prosecuted.

Just calling the shop "MurderGuns" or "Getaway cars R us" wouldn't be illegal, but if brought in front of a jury, trying to explain why you shouldn't be held responsible for your gun being used in a murder, or your car in a bank robbery, it would be hard to be convincing!

The PB verdict stinks of pressure and "The Man" getting his way again.
Not really. TPB will have been asked to remove links to copyrighted media, and will have refused (or ignored, which is as good as). They apparently broke the law by doing so -- the fact they were sent to jail indicates that much.


Having played devil's advocate, I'd like to say that the outcome of the case is disappointing. Not that the founders have been sent to jail (if they broke the law that's fair enough), but that they have been forced to pay damages. It reinforces the music/movie/games industry view that litigation is an adequate solution to the piracy problem, when on the ground we can see it blatantly isn't.
 
Truth be told, i cant see why people use torrents, their slow most of the time.
Just use google,
say hanncok, followed buy either rapidshare or megaupload,

also why were they done for piracy when nothing was found on their servers that was illegal??
 
gotten?

Anyway, the gun example - the crime (murder, whatever) is committed AFTER the transaction, so obviously the shop is not in control of this.

TPB - when downloading illegal content the crime is commited when you conduct the transaction - the site IS in control of this.

Er, no. TPB didn't host any copyright material or transfer copyrighted material to its users. It hosted files that told the users respective torrent programs where it can get chunks of copyrighted material. Wether the users used the files to download copyrighted material was a decision made by the users, not TPB.
 
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