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Can torrent sites be prosecuted.


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I was reading a news article today about the torrent site pirate bay being taken to court. The article states, "The Pirate Bay links to files on the decentralised BitTorrent network, but does not store any files on its servers." - which is what pretty much all torrent sites do. Another way of looking as it is, use google to search for torrents and you get links to sites - including torrent sites. So is google to blame as well? When was it illegal to use a hyperlink to another site using a search engine? And do you think this court case will do anything.

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It depends of the jurisdiction's law with regard to accessory culpability. The article you link is about a suit in Sweden, and I have no idea what their legal system is like. But, in the anglo-american tradition, a party can be liable for a crime if it intentionally, meaningfully assisted in what it knows to be criminal activity. (The inclusion of the word "pirate" in the site's name should take care of the "knowingly" element of the crime.)

 

So, while Google provides general search services, without regard for whether you're looking for Beach Boys song lyrics or neo-nazi kiddie porn, pirate sites are specifically set up to help people whose intent is to violate copyright laws (which are internationally protected by various treaties). It's a pretty easy legal distinction to make (although BitTorrent is a closer question-- it comes down to intent).

Edited by Enoch
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Hey! There's plenty of good old fashion legally ambiguous stuff out there too. How dare you hurl, how dare you!?!?!

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I say they go in, crack some heads, and be done with it. We'll see if they're still pirates after they've seen their leader.

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They're not being prosecuted for piracy, because they havent actually shared any files themselves. They are being prosecuted for "aiding and abetting" and "preparation to.." copyright violation and illegal sharing of copyrighted material. This is the first time something like this has been tried in court, so its not clear wether it will succeed or not. They're obviously guilty of these charges, but it might not be possible to prove that legally.

 

 

But the trial is a joke, the site will remain active whatever happens to these founders as its actually run on servers in strange third world countries. I dont know if its ever been a Swedish site.

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"I suppose outright stupidity and complete lack of taste could also be considered points of view. "

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But the trial is a joke, the site will remain active whatever happens to these founders as its actually run on servers in strange third world countries. I dont know if its ever been a Swedish site.

 

I think it was a swedish site, but they decided to move their servers after second or third police raid.

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The ironic thing is that they make FAT money off that site too, promoting the free acquisition of software.

 

So too do broadband internet companies. I feel it's a precipitate drop to set this as a precedent. What about a bar where drug deals happen?

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So too do broadband internet companies. I feel it's a precipitate drop to set this as a precedent. What about a bar where drug deals happen?

 

I agree to a point. If it wasn't for broadband being so pervasive, you wouldn't have so many people downloading. Now, it's easier to download a tv show, or movie than to take the time to go to a video shop. You can download a whole season and while you're watching one episode, you're downloading the next couple of episodes at the same time. Back in the dial up days, you wouldn't even think of doing this.

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The ironic thing is that they make FAT money off that site too, promoting the free acquisition of software.

 

So too do broadband internet companies. I feel it's a precipitate drop to set this as a precedent. What about a bar where drug deals happen?

 

 

How do you think the authorities would react if the proprietors of that bar were telling the people where to go to get their drugs?

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Apparently, the prosecution screwed up earlier today which means they might have to drop half the charges. However, this trial is just at the lowest court level and nothing that happens there will have any impact on what happens when they appeal and go to the "hovr

DISCLAIMER: Do not take what I write seriously unless it is clearly and in no uncertain terms, declared by me to be meant in a serious and non-humoristic manner. If there is no clear indication, asume the post is written in jest. This notification is meant very seriously and its purpouse is to avoid misunderstandings and the consequences thereof. Furthermore; I can not be held accountable for anything I write on these forums since the idea of taking serious responsability for my unserious actions, is an oxymoron in itself.

 

Important: as the following sentence contains many naughty words I warn you not to read it under any circumstances; botty, knickers, wee, erogenous zone, psychiatrist, clitoris, stockings, bosom, poetry reading, dentist, fellatio and the department of agriculture.

 

"I suppose outright stupidity and complete lack of taste could also be considered points of view. "

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As I said, I know almost nothing about Swedish law. But accessory liability is nothing new. It might be the first time they're applying it to an illegal downloading copyright case, but the principles of accessory liability remain the same regardless of the underlying crime and have been worked out over centuries of precedent.

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Heh, i read some newsbit about one of the founders doesn't even believe in the concept of copyright.

 

This kind of "Voluntary paying" that he subscribes to, should have be implemented into the banking sector. Maybe there wouldn't be a crisis after all :p

 

And Hurlshot, from what i gather about swedish law, prison time or jail will probably not happen unless someone can point out that they have deliberately stolen industrial- or statesecrets or any other highly classified material and spread them on PirateBay.

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Dudes, this is Sweden, the lawyers dont make anything in the vicinity of millions. We have a sensible judiciary system, remember?

DISCLAIMER: Do not take what I write seriously unless it is clearly and in no uncertain terms, declared by me to be meant in a serious and non-humoristic manner. If there is no clear indication, asume the post is written in jest. This notification is meant very seriously and its purpouse is to avoid misunderstandings and the consequences thereof. Furthermore; I can not be held accountable for anything I write on these forums since the idea of taking serious responsability for my unserious actions, is an oxymoron in itself.

 

Important: as the following sentence contains many naughty words I warn you not to read it under any circumstances; botty, knickers, wee, erogenous zone, psychiatrist, clitoris, stockings, bosom, poetry reading, dentist, fellatio and the department of agriculture.

 

"I suppose outright stupidity and complete lack of taste could also be considered points of view. "

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I'd be shocked that someone couldn't find at least one sample of silly Swedish 'justice'. Every country has those. None are immune to the human condition. Though, the fact that lawyers don't make millions probably lessens the chance. Are you saying no lawyer can make millions? Even when defending the rich? Hmmm.. Don't forget most alwyers don't make millions in NA either.

Edited by Volourn

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Yeah, this trial is a joke. The prosecution has already dropped half of the charges.

 

While the concept of copyright is great, it doesn't matter much when you can't enforce the laws. It's pretty much adapt or die at this point.

 

EDIT: And blaming the rampant piracy on higher broadband speeds is just stupid. If the laws/industry can't keep up with the technology it is their fault, not the technology providers'.

Edited by Purkake
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Didn't those guys put in a bid to literally buy themselves a sovereign nation after one or two server raids? You know one of the small island nations....

 

I don't know, on one hand I'd like to see people get paid for the work they do, on the other hand I think that the people who are making draconian DRM schemes should burn in hell... I guess overall I'm apathetic at best on this case.

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