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


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g0rth0r



Joined: 14 Apr 2009
Posts: 21
PostPosted: Fri Apr 17, 2009 12:44 pm Reply with quote
Quote:
Fredrik Neij, Gottfrid Svartholm Warg, Peter Sunde Kolmisoppi and Carl Kolmisoppi each face one year in prison and 30 million kronor (about US$3.6 million) in damages.


Just to make things clear, that 3.6 million is a cumulative:

Quote:
While the court did not agree with the plaintiff’s exaggerated estimates of losses, it still set the damages at 30 million SEK ($3,620,000). This a hugely significant amount and the court has ordered that the four should pay this amount between them.
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PetrifiedJello



Joined: 11 Mar 2009
Posts: 3782
PostPosted: Fri Apr 17, 2009 12:44 pm Reply with quote
Mohawk52 wrote:
Sorry. Accessory to copyright infringment by promotion . Is that better? Thinking of working for the appeal lawyers then?

I've already submitted funds via Paypal for the defense appeal.

I guess that's just two less anime DVDs I can buy, but this is much more important.

I would have no beef if Swedish companies went after the site, but to see how the majority of plaintiffs are U.S. companies has me pissed off, especially when these very companies do the same thing in this country illegally.

I don't condone infringement, but I can't sit idly by watching U.S. businesses punish consumers or legitimate site owners.

Just look at the recent iTunes price tier which punishes consumers. Interesting how a story was just published last week in which several investigations noted not a single damn song is offered at $0.69, but most at $1.30.

Yet, the artist sees no increase in royalties from that $0.30.

Oh, and one more ironic note: Several music and movie studios used TPB to promote movies and music. Now they sue them?

Yep. Those 4 got exactly what they deserved for running a site legally in Sweden. It's Napster 2009.
[/sarcasm]
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Mohawk52



Joined: 16 Oct 2003
Posts: 8202
Location: England, UK
PostPosted: Fri Apr 17, 2009 1:07 pm Reply with quote
PetrifiedJello wrote:
Yep. Those 4 got exactly what they deserved for running a site legally in Sweden. It's Napster 2009.
[/sarcasm]
But if they were "legal" do you think they would have been still convicted? Sounds more like Soviet Russia than Sweden. Oh that's right, it's those powerful fascist funded capitalist businesses goose stepping all over the peoples right to free entertainment access. How could I have forgot? How dare they try to force us to pay for their productions that they paid millions out of their own pocket to make. Where's Churchhill when we need him? "We will fight them in the forums. We will fight them in the chat rooms. We will fight them on the internet. We will never surrender."
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PetrifiedJello



Joined: 11 Mar 2009
Posts: 3782
PostPosted: Fri Apr 17, 2009 1:11 pm Reply with quote
Dargonxtc wrote:
Sorry but I don't think so. ANN has many many measures in place to prevent that sort of thing.

Yes, for now. They're running under the pretense copyright images can be used in Fair Use commentary.

But this is changing every day. Fair Use is being obliterated.

Copyright is to protect both creators and users.

So why is it the users are being punished?

Quote:
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.

I suggest you read ANN's copyright policy.
Read the part about Safe Harbors.

Let me know if you want links to rulings which circumvent this legal defense, as well as DMCA notices being sent regardless of Fair Use.

Now, one more task: Go review the plaintiff list of those who sued the Pirate Bay.

Tick. Tock. Tick. Tock. Safe Harbors death clock.

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It would be laughed out of court the first day, and any error would be deemed an honest mistake.

I can link you to sources which contradict this statement. Want them?

And you forget one most important aspect: Big business has the funds to go after little businesses who often cave to protect themselves.

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You seem to be taking some kind of joy in insulting anyone who doesn't agree with you as not 'understanding the implications'.

I've not insulted a single person in my replies. Please indicate this to me.

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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?

You seem to be under the impression TPB posts files. They don't. They never have. All they do is read from computers to list download options, and then give its users a direct connect to them.

TPB should not be blamed, or charged, just because an idiot in Japan wants to upload the entire season of Clannad: After Story for ripping.

How the hell is this TPB's fault? And explain to me how TPB can distinguish a LEGITIMATE movie (home made) from a copyright one?

Quote:
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.

You're correct. ANN is "infringing" using Fair Use images. TPB doesn't host copyright files.
Wink

Fear mongering would be apt if, and only if, the tactics used by Corporate America weren't in use today. They are.

Quote:
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.

What's that saying about the word "assume"?
I've never been to the site. I've never downloaded a torrent. I don't rip DVDs. I don't download music owned by labels. I do, however, visit fansub sites, Hulu, Crunchyroll, and other stream sites.
Now, before you get all "OMG! FANSUB SITE!" on me, please be aware of the 12 series I've watched on these sites, I now own 8 on DVD legally purchased. The other 4 are not out yet.

Now that I've cleared this up, my stance isn't about the site. It's the precedence of the verdict and its implications of such.

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

Sure, at $1.30 per song, $2.99 per TV episode, no movie streams anywhere, and over paying for a round piece of plastic.

Ah, the choices we consumers have. Isn't it wonderful?
Wink
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Shale



Joined: 04 Dec 2002
Posts: 337
Location: The Middle of Nowhere, DE
PostPosted: Fri Apr 17, 2009 1:22 pm Reply with quote
So you're saying that this will be used as legal precedent for movie/TV/anime companies to sue journalists for posting movie covers and screenshots with their reviews? Seriously? That's what you're going with here?

Edit: Also, the argument that the PB owners were essentially victimized by their users uploading copyrighted files on their own kind of falls apart if you actually visit the site, and see that there are three dozen TV shows that have been given their own indexes coded into the site, with torrents manually sorted out and listed by season.
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PetrifiedJello



Joined: 11 Mar 2009
Posts: 3782
PostPosted: Fri Apr 17, 2009 1:29 pm Reply with quote
Hardgear wrote:
And the RIAA is also a completely different example.

The RIAA most certainly is not different here.

In fact, here's a partial plaintiff list:
Universal, Warner Bros., MGM, EMI, Sony BMG and 20th Century Fox, all of which are jointly represented in the trial by the IFPI.

Show me, in that list, a single business not represented by the RIAA.

The plaintiffs, my friend, are the owners of "the obsolete and dying publishing industry".

How in the world did you miss this?
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Hardgear





PostPosted: Fri Apr 17, 2009 1:33 pm Reply with quote
PetrifiedJello wrote:
Hardgear wrote:
And the RIAA is also a completely different example.

The RIAA most certainly is not different here.

In fact, here's a partial plaintiff list:
Universal, Warner Bros., MGM, EMI, Sony BMG and 20th Century Fox, all of which are jointly represented in the trial by the IFPI.

Show me, in that list, a single business not represented by the RIAA.

The plaintiffs, my friend, are the owners of "the obsolete and dying publishing industry".

How in the world did you miss this?


Yes, they are. But just because they fund an obsolete and dying industry, everything else they are involved in is automatically the same thing? Just because they own one group that files bogus lawsuits, every other lawsuit those companies file is by default bogus?
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El_PwnedO



Joined: 17 Apr 2009
Posts: 8
PostPosted: Fri Apr 17, 2009 1:42 pm Reply with quote
*sigh* stupid torrent kiddies......

Quote:

But this is changing every day. Fair Use is being obliterated.


Yeah, because Fair Use = if I don't like the price, I can pirate it instead of, iunno, just not buying it.


Quote:
Copyright is to protect both creators and users.


2 words, iPhone Jailbreaking.

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I can link you to sources which contradict this statement. Want them?


Only if they come from sources that don't have the word torrent in thier name....

Quote:
You seem to be under the impression TPB posts files. They don't. They never have. All they do is read from computers to list download options, and then give its users a direct connect to them.


This is NOT how torrents work, The pirate bay indexes torrent files, which are just a hash that happens to equate to a list of files, that is the extent of a trackers involvement.


Quote:
Sure, at $1.30 per song, $2.99 per TV episode, no movie streams anywhere, and over paying for a round piece of plastic.


perish the thought?!?!?

TPB's death will just be offset by another way, just as Kazaa, LimeWire...etc replaced Napster.

But, worth noting here is two things, torrents are not illegal, they can be used for legal things too (WoW uses it, the FOSS community uses it.....), and secondly, the "warez scene" never intended to have their releases on p2p, in fact most of them despise p2p for this very reason.....
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GrantZ9001



Joined: 03 Apr 2009
Posts: 11
PostPosted: Fri Apr 17, 2009 1:53 pm Reply with quote
So why doesn't Google get sued? They save the torrent files in their cache from where you can dl them.

The fact is that these guys most likely will never spend a single day in jail. Only one of the guys, Carl Lundström, has the money and that's only because he owns other businesses or sth. As one of the guys said: "Even if I'd had the money, I'd rather burn it than give it to them".

That said, the way of the copyright mafia to calculate their losses is completely bogus. Seriously they calculate 1DL=1lost sale IRL. WTF?!
Who has enough money to even fill their 16 gb player with bought music?


Last edited by GrantZ9001 on Fri Apr 17, 2009 4:08 pm; edited 1 time in total
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Shale



Joined: 04 Dec 2002
Posts: 337
Location: The Middle of Nowhere, DE
PostPosted: Fri Apr 17, 2009 1:56 pm Reply with quote
Because if you index everything, then you're not held responsible for catching some illegal materials in with the rest of the Internet. If you index copyright violations specifically (see the season-by-season list of TV show torrents I pointed out earlier), the courts get less understanding.
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GrantZ9001



Joined: 03 Apr 2009
Posts: 11
PostPosted: Fri Apr 17, 2009 1:56 pm Reply with quote
El_PwnedO wrote:
*sigh* stupid torrent kiddies......

Quote:

But this is changing every day. Fair Use is being obliterated.


Yeah, because Fair Use = if I don't like the price, I can pirate it instead of, iunno, just not buying it.


Quote:
Copyright is to protect both creators and users.


2 words, iPhone Jailbreaking.

Quote:
I can link you to sources which contradict this statement. Want them?


Only if they come from sources that don't have the word torrent in thier name....

Quote:
You seem to be under the impression TPB posts files. They don't. They never have. All they do is read from computers to list download options, and then give its users a direct connect to them.


This is NOT how torrents work, The pirate bay indexes torrent files, which are just a hash that happens to equate to a list of files, that is the extent of a trackers involvement.


Quote:
Sure, at $1.30 per song, $2.99 per TV episode, no movie streams anywhere, and over paying for a round piece of plastic.


perish the thought?!?!?

TPB's death will just be offset by another way, just as Kazaa, LimeWire...etc replaced Napster.

But, worth noting here is two things, torrents are not illegal, they can be used for legal things too (WoW uses it, the FOSS community uses it.....), and secondly, the "warez scene" never intended to have their releases on p2p, in fact most of them despise p2p for this very reason.....


I disagree with your opinion, but I must tell you that your post is one of the only informed ones I've seen today on the subject.
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El_PwnedO



Joined: 17 Apr 2009
Posts: 8
PostPosted: Fri Apr 17, 2009 1:58 pm Reply with quote
GrantZ9001 wrote:
So why doesn't Google get sued? They save the torrent files in their cache from where you can dl them.

The fact is that these guys most likely will never spend a single day in jail. Only one of the guys, Carl Lundström, has the money and that's only because he owns other businesses or sth. As one of the guys said: "Even if I'd have the money, I'd rather burn it than give it to them".

That said, the way of the copyright mafia to calculate their losses is completely bogus. Seriously they calculate 1DL=1lost sale IRL. WTF?!
Who has enough money to even fill their 16 gb player with bought music?


Google doesn't openly mock Cease and Desist letters publicly.... even though I personally found TPBs replies amusing, its kinda like mooning the cops after you got away with a ticket. Razz
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Hardgear





PostPosted: Fri Apr 17, 2009 2:00 pm Reply with quote
El_PwnedO wrote:
Google doesn't openly mock Cease and Desist letters publicly.... even though I personally found TPBs replies amusing, its kinda like mooning the cops after you got away with a ticket. Razz


My thoughts exactly!!

This is the main reason I am glad they finally went to trial and lost.
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GrantZ9001



Joined: 03 Apr 2009
Posts: 11
PostPosted: Fri Apr 17, 2009 2:02 pm Reply with quote
Shale wrote:
Because if you index everything, then you're not held responsible for catching some illegal materials in with the rest of the Internet. If you index copyright violations specifically (see the season-by-season list of TV show torrents I pointed out earlier), the courts get less understanding.


But TPB doesn't index only copyrighted material. They only index the torrent files, which their users submit to the site. I just can't see why the TPB should be punished for the actions of the users.
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Hardgear





PostPosted: Fri Apr 17, 2009 2:04 pm Reply with quote
GrantZ9001 wrote:
Shale wrote:
Because if you index everything, then you're not held responsible for catching some illegal materials in with the rest of the Internet. If you index copyright violations specifically (see the season-by-season list of TV show torrents I pointed out earlier), the courts get less understanding.


But TPB doesn't index only copyrighted material. They only index the torrent files, which their users submit to the site. I just can't see why the TPB should be punished for the actions of the users.


mostly because of the above-mentioned openly mocking cease and desist letters, and the fact that unlike legitimate sites, they don't even try to take copyrighted material down. At least sites like Youtube do an occasional sweep.
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