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NEWS: 4 Convicted in Pirate Bay File-Sharing Trial, Appeals Planned


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PetrifiedJello



Joined: 11 Mar 2009
Posts: 3782
PostPosted: Fri Apr 17, 2009 11:35 am Reply with quote
Hardgear wrote:
Wonder how much trash they gonna be talking now that they have learned that they are not, in fact, outside of the reach of the law Laughing

Excuse me, but what law did they break again?

Enlighten us, please.
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Hardgear





PostPosted: Fri Apr 17, 2009 11:44 am Reply with quote
PetrifiedJello wrote:
Hardgear wrote:
Wonder how much trash they gonna be talking now that they have learned that they are not, in fact, outside of the reach of the law Laughing

Excuse me, but what law did they break again?

Enlighten us, please.


I don't know what exact Swedish or international laws they were convicted of breaking, I have not received the trial transcript... Why don't you go ask the prosecutors and the judges that convicted them that question? You don't get convicted of breaking a law unless you either broke a law and/or the court believes you did. Just because you don't agree with the conviction doesn't mean it is baseless.
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Dargonxtc



Joined: 13 Apr 2006
Posts: 4463
Location: Nc5xd7+ スターダストの海洋
PostPosted: Fri Apr 17, 2009 11:58 am Reply with quote
Well the method of sharing torrents may not be illegal, but as we see here even from a lenient country such as Sweden, aiding and abetting copyright infringement is. So at the very least it sets precedent to take down the most egregious sites that help to promote the illegal use of certain downloading and file sharing methods.

So if that happens it will just drive file sharing back down to the IRC (m)(n)(basic) level. Thing is though most internet dweebs don't know how to make things work in that format, so overall downloads will still be greatly reduced and it's still a win for the industry.

As far as anime goes, that's somewhat of a different bag in my opinion, and most likely will see less drastic changes in the West if governments start an active enforcement.
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Mohawk52



Joined: 16 Oct 2003
Posts: 8202
Location: England, UK
PostPosted: Fri Apr 17, 2009 12:02 pm Reply with quote
PetrifiedJello wrote:
Hardgear wrote:
Wonder how much trash they gonna be talking now that they have learned that they are not, in fact, outside of the reach of the law Laughing

Excuse me, but what law did they break again?

Enlighten us, please.


excerpt from Reuters wrote:
The group that controls The Pirate Bay, launched in 2003,
says that no copyrighted material is stored on its servers and
no exchange of files actually takes place there so it cannot be
held responsible for what material is being exchanged.
The prosecution said that by financing, programming and
administering the site, the four men promoted the infringement
of property rights by the site's users.
Copyright infringment.
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Hardgear





PostPosted: Fri Apr 17, 2009 12:06 pm Reply with quote
Mohawk52 wrote:

excerpt from Reuters wrote:
The group that controls The Pirate Bay, launched in 2003,
says that no copyrighted material is stored on its servers and
no exchange of files actually takes place there so it cannot be
held responsible for what material is being exchanged.
The prosecution said that by financing, programming and
administering the site, the four men promoted the infringement
of property rights by the site's users.
Copyright infringment.


Ah, thank you
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PetrifiedJello



Joined: 11 Mar 2009
Posts: 3782
PostPosted: Fri Apr 17, 2009 12:06 pm Reply with quote
Hardgear wrote:
I don't know what exact Swedish or international laws they were convicted of breaking, I have not received the trial transcript... Why don't you go ask the prosecutors and the judges that convicted them that question?

My personal opinion on the verdict has no relevance on the topic at hand, Hardgear. We're talking about the verdict, and it's quite clear it has no bearing whatsoever on copyright.

Instead, they used a bogus charge to "convict" the owners, thinking it will have an impact. It's the same thing as suing a gun maker for the responsibility of someone who took their product and shot 20 preschool kids.

Since you're allowing your personal feeling shout "hurrah" for this case, let's see how you feel when these very same distributors start going after sites you enjoy, including this one.

The implications of this case are huge, because slowly, the same thing is happening here in the United States. You can bet these distributors are going to use the verdict to sway US judges.

All it will take is a distributor to say "ANN is allowing our copyright material to be posted by its users" and *BAM!*... site closes.

Or does it not bother you to read news of the RIAA suing an 80 year old woman for infringement despite never owning a computer, a dead citizen, two 8 year olds, or sending, illegally mind you, DMCA takedown notices on YouTube*?

Your rights as a consumer are in jeopardy. You shouldn't be praising this victory, especially when TPB did absolutely nothing wrong, according to the letter of the law.

I truly feel very sorry for anyone who doesn't understand the implications of this and how it will be used against you.

Be lucky I'm on your side to fight this crap.

*One thing to note: A DMCA takedown notice was recently sent to YouTube over a newscast presented by a Fox News affiliate regarding a video the station pulled from YouTube.

Despite legal fair use, what's ironic here is that the distributor pulled the video from YouTube without paying any rights to the owner.

If this is the type of country you want, then so be it. But don't expect me to agree with you on it.
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Hardgear





PostPosted: Fri Apr 17, 2009 12:08 pm Reply with quote
PetrifiedJello wrote:
Hardgear wrote:
I don't know what exact Swedish or international laws they were convicted of breaking, I have not received the trial transcript... Why don't you go ask the prosecutors and the judges that convicted them that question?

My personal opinion on the verdict has no relevance on the topic at hand, Hardgear. We're talking about the verdict, and it's quite clear it has no bearing whatsoever on copyright.

Instead, they used a bogus charge to "convict" the owners, thinking it will have an impact. It's the same thing as suing a gun maker for the responsibility of someone who took their product and shot 20 preschool kids.

Since you're allowing your personal feeling shout "hurrah" for this case, let's see how you feel when these very same distributors start going after sites you enjoy, including this one.

The implications of this case are huge, because slowly, the same thing is happening here in the United States. You can bet these distributors are going to use the verdict to sway US judges.

All it will take is a distributor to say "ANN is allowing our copyright material to be posted by its users" and *BAM!*... site closes.

Or does it not bother you to read news of the RIAA suing an 80 year old woman for infringement despite never owning a computer, a dead citizen, two 8 year olds, or sending, illegally mind you, DMCA takedown notices on YouTube*?

Your rights as a consumer are in jeopardy. You shouldn't be praising this victory, especially when TPB did absolutely nothing wrong, according to the letter of the law.

I truly feel very sorry for anyone who doesn't understand the implications of this and how it will be used against you.

Be lucky I'm on your side to fight this crap.

*One thing to note: A DMCA takedown notice was recently sent to YouTube over a newscast presented by a Fox News affiliate regarding a video the station pulled from YouTube.

Despite legal fair use, what's ironic here is that the distributor pulled the video from YouTube without paying any rights to the owner.

If this is the type of country you want, then so be it. But don't expect me to agree with you on it.


Awww, and here I could swear all I did was laugh at those arrogant Pirate Bay guys for getting a smackdown after talking trash for so long.
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PetrifiedJello



Joined: 11 Mar 2009
Posts: 3782
PostPosted: Fri Apr 17, 2009 12:10 pm Reply with quote
Mohawk52 wrote:
The prosecution said that by financing, programming and administering the site, the four men promoted the infringement of property rights by the site's users.
Copyright infringment.

Your reading skills need improvement. Here, let me highlight the important part for you, so you can understand:
PROMOTED the infringement of property rights by the site's users.

Now do you understand the implication?
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Shale



Joined: 04 Dec 2002
Posts: 337
Location: The Middle of Nowhere, DE
PostPosted: Fri Apr 17, 2009 12:16 pm Reply with quote
That if you design and maintain a business for the express purpose of facilitating your customers' copyright violation, you can be held responsible for facilitating copyright violation?
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Greed1914



Joined: 28 Oct 2007
Posts: 4470
PostPosted: Fri Apr 17, 2009 12:22 pm Reply with quote
Tofusensei wrote:
TatsuGero23 wrote:
Sites like Pirate Bay were born out of the neccasity of people not wanting to pay for stuff. Fansubs were born out of the neccasity that they didn't want to wait 4 years for stuff or, in the past, to bring over classic or enjoyable series that would never make it to their region otherwise.


Please don't use the word nessasity(sic) in that context. Nobody /needs/ to pirate stuff.

-Tofu


Thank you Tofu, that's just what I was going to say.

Also, laws can change all the time. Courts set legal precedent with new cases and reverse old precedent. Laws can be interpreted in different ways, so just because this doesn't jive with it as precisely as some people may want, doesn't mean it's wrong.
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TatsuGero23



Joined: 18 Nov 2008
Posts: 1277
Location: Sniper Island, USA (It's in your heart!)
PostPosted: Fri Apr 17, 2009 12:28 pm Reply with quote
Greed1914 wrote:
Tofusensei wrote:
TatsuGero23 wrote:
Sites like Pirate Bay were born out of the neccasity of people not wanting to pay for stuff. Fansubs were born out of the neccasity that they didn't want to wait 4 years for stuff or, in the past, to bring over classic or enjoyable series that would never make it to their region otherwise.


Please don't use the word nessasity(sic) in that context. Nobody /needs/ to pirate stuff.

-Tofu


Thank you Tofu, that's just what I was going to say.

Also, laws can change all the time. Courts set legal precedent with new cases and reverse old precedent. Laws can be interpreted in different ways, so just because this doesn't jive with it as precisely as some people may want, doesn't mean it's wrong.


Ha sorry guys. I forget how firm the word nessasity can be over other words that tend to be looser or more opinionated like "need" or "want". I meant nessasity more as nessasity. Sorry I rubbed you guys the wrong way. I totally agree with you guys that those kinds of sites are never needed and i could care less if they go cease to exist come the next day. But I tend to keep fansubs in a different group from rippers. At least until they cross the line like still subbing a series that is already available via streams and a relatively close time frame.


Last edited by TatsuGero23 on Fri Apr 17, 2009 12:34 pm; edited 1 time in total
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Dargonxtc



Joined: 13 Apr 2006
Posts: 4463
Location: Nc5xd7+ スターダストの海洋
PostPosted: Fri Apr 17, 2009 12:29 pm Reply with quote
PetrifiedJello wrote:
Since you're allowing your personal feeling shout "hurrah" for this case, let's see how you feel when these very same distributors start going after sites you enjoy, including this one.


Sorry but I don't think so. ANN has many many measures in place to prevent that sort of thing. They go out of their way to be legit. And even if by chance something slipped through(which I have never seen happen), the industry would be out of there mind to try to win a case against them when they have active controls in place to prevent that very exact thing. It would be laughed out of court the first day, and any error would be deemed an honest mistake.

You seem to be taking some kind of joy in insulting anyone who doesn't agree with you as not 'understanding the implications'. But if you can't tell the difference between what The Pirate Bay does and what ANN does then who should feel sorry for whom? The two aren't comparable when talking about copyright infringements. Not even a little. And your using fear mongering to try to gloss over the bigger issue of aiding and abetting copyright infringement.

Look we are all sorry your favorite website has chance of being shut down(it is still up btw), but all that really means is it will be a little harder to find illegal downloads.

Don't worry all of your favorite legal downloads will still be very easy to find. Wink
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Shale



Joined: 04 Dec 2002
Posts: 337
Location: The Middle of Nowhere, DE
PostPosted: Fri Apr 17, 2009 12:29 pm Reply with quote
I think I speak for every obsessive spelling freak when I say:

NECESSITY.

Okay, there. That's out of my system. Carry on.
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Mohawk52



Joined: 16 Oct 2003
Posts: 8202
Location: England, UK
PostPosted: Fri Apr 17, 2009 12:32 pm Reply with quote
PetrifiedJello wrote:
Mohawk52 wrote:
The prosecution said that by financing, programming and administering the site, the four men promoted the infringement of property rights by the site's users.
Copyright infringment.

Your reading skills need improvement. Here, let me highlight the important part for you, so you can understand:
PROMOTED the infringement of property rights by the site's users.

Now do you understand the implication?
Sorry. Accessory to copyright infringment by promotion . Is that better? BTW, copyright infringment is the charge they were convicted of. Thinking of working for the appeal lawyers then?
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Hardgear





PostPosted: Fri Apr 17, 2009 12:35 pm Reply with quote
Dargonxtc wrote:
PetrifiedJello wrote:
Since you're allowing your personal feeling shout "hurrah" for this case, let's see how you feel when these very same distributors start going after sites you enjoy, including this one.


Sorry but I don't think so. ANN has many many measures in place to prevent that sort of thing. They go out of their way to be legit. And even if by chance something slipped through(which I have never seen happen), the industry would be out of there mind to try to win a case against them when they have active controls in place to prevent that very exact thing. It would be laughed out of court the first day, and any error would be deemed an honest mistake.

You seem to be taking some kind of joy in insulting anyone who doesn't agree with you as not 'understanding the implications'. But if you can't tell the difference between what The Pirate Bay does and what ANN does then who should feel sorry for whom? The two aren't comparable when talking about copyright infringements. Not even a little. And your using fear mongering to try to gloss over the bigger issue of aiding and abetting copyright infringement.

Look we are all sorry your favorite website has chance of being shut down(it is still up btw), but all that really means is it will be a little harder to find illegal downloads.

Don't worry all of your favorite legal downloads will still be very easy to find. Wink


Hurrah! That was well put.

And the RIAA is also a completely different example. They represent the obsolete and dying publishing industry in an age when the artists can just put their creations up on the internet without having to give up obscene amounts of their profits to publishers (musical artists especially, they make almost all of their money from concerts anyway, while the publishing company pockets the vast majority of CD sales profits). They are a joke at best, though with the major publishers bleeding money left and right due to lack of adaptation to new technology (sound familiar?), they likely will run out of money to bribe politicians and judges with before they get their way.
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