LokiTorrent Shut Down
wan-fu writes "LokiTorrent, a popular torrent site, has officially been shut down. After asking for donations from users for the past couple of months to fight the MPAA's lawsuit. LokiTorrent succumbed today and the MPAA took over the website with a stern warning, stating, "You can click, but you can't hide." A variety of outlets are carrying the story."
- quote from their site.
So does that mean if you have downloaded stuff, and you stop, they can't catch you? Does it imply an amnesty? Or is it just sloppy wording on their part?
Jolyon
Please read my Canon EOS tech blog at http://www.everyothershot.com
Something to worry about:
What's really alarming the swapperati, though, is that Lokitorrent has agreed to turn over the server's user logs.
In a normal situation, you could make the case that agreeing to turn those over is a violation of users' privacy. In this situation, even if you could show that the site's terms and conditions promised never to disclose its users' information, you would almost certainly lose: a court that has just shut down a site for illegal activity is hardly likely to agree to protect its users. Especially not since the Supreme Court decision in Illinois v. Cabbales, which held that sending a sniffer dog to find drugs through a car stopped for speeding does not violate the Fourth Amendment (the one that prohibits search and seizure without probable cause). Around now, the MPAA is probably gleefully poring over the logs, going through IP numbers, and compiling a list of the "hundreds of thousands" of individuals it might sue next. Fun!
From http://www.theinquirer.net/?article=21216
They had raides $45,000, which the site owner said should be enough for almost two months legal defence. As it turns out, he gave the MPAA the site, the server logs and $5-10k and walked away with a PROFIT.
Not a Twitter sockpuppet... but I wish I was.
Well several of the sites are claiming it was a "settlement" between the MPAA and Lowkee/Ed Webber. The general consensus seems to be that this entails handing over of the site, any logs and an unspecified amount of money to the MPAA and a promise not to do it again, or face further more severe sanctions. A jail sentence, or even a criminal prosecution, does not appear to be in the offing, although there *is* a court gagging order in effect. However, for a different take on what "settlement" might have been, check out this article, which should be especially of interest to the suck^H^H^H^H people who donated money.
UNIX? They're not even circumcised! Savages!
Definitions of theft on the Web:
larceny: the act of taking something from someone unlawfully
If I download a movie what have I taken? Profit? They never would have gotten it in the first place. I don't go out to movies, but I buy them on DVD if they're good (as judged by the file I downloaded)
So if I purchase their product on DVD (Where most of their profit is actually made) who am I forcing to sell their child into slavery? The stars who make $xxMillion per movie? The crew who was paid before the movie was released to theaters? Or the already rich management bastards at the movie company?
Not a Twitter sockpuppet... but I wish I was.
Where are these BitTorrent servers located? The Internet is "virtual", but the MPAA raids are physical, in one country or another. Loki, SuprNova, others - in which countries are the MPAA moviecops raiding offices? MPAA claims to operate police in at least "Austria, Hong Kong, Finland, France and the Netherlands as movie industry cops". Which countries now retain their jurisdiction sovereignty, and which are now just muscle for the US adfotainment hegemony?
--
make install -not war
They actually took in closer to $70k.
I long predicted this, for obvious reasons. Loki succeeded in getting a lot of naive idealists rallied around the call to "fight the Man". People donated thinking that they'd have ring-side seats to an exciting legal battle. It was all bullshit... Of course it was. There was absolutely zero change of them successfully defending themselves, based on mountains of preceding case law. If you were sitting on $70k in real cash (not just discussing a hypothetical situation on the semi-anonymous Intraweb), would you really flush it down the toliet? Even if you met with several lawyers who told you to expect the exact same outcome?
I'm sorry, but this outcome was obvious to any rational observer. It saddened me to see Loki take advantage of their users like that. But, it also enraged me to see them actually monetarily profit from distributing software that was not within their rights to sell.Entrepreneur : (noun), French for "unemployed"
"guns don't kill, people do..."
You suggest the site's maintainer didn't mean to provide access to illegal content? C'mon, grow up.. 99% of his traffic was what?
If your logic is sound then why aren't all torrent hosting sites taken down? agha... because they don't all allow torrents of copyright protected content.. they maintain their sites and assure that the legal torrents get a spot..
-if at first you don't succeed, stay the heck away from paragliding.
From what you said: "I told him he should take it down. He did not. I removed his hardware. Problem solved.".
;)
From your sig: "Hacking your Xbox? Start here".
Do you realize that what you advertise in your sig is massively illegal and when collided with your message it produces a vast amount of irony? Be careful
Entrepreneur : (noun), French for "unemployed"
I was reading this book (Stiff by Mary Roach) and it mentioned how airline companies determined if they should deploy certain saftey devices on airplanes. The formula was like the one rattled off in Fight Club, based on the cost of the settlement payouts for those who died or were injured.
... will ... be off a bit, but the concept holds I think. I googled a bit to try and find the numbers, but didn't net anything. If someone wants to correct the numbers, feel free. ;)
I think it was something like 2 or 4 million USD a human life was worth in a settlement. And the number shown on the FBI warning screen says something like $250k for violating the copyright. So basically, in monetary value, a human life lost due to neglegence or whatever is worth about 8 to 16 video pirating charges. Kind of sad.
This is all based on my memory of the book quote of the settlement price, so I may
***
Many people do use theft in this way, ie "That store down the street is stealing my customers". It's a common, emotional way of reacting when you feel like you're owed something. It's also wrong, because nobody owes you anything, least of all thier money or patronage.
***
Some Los Angeles area courts disagree. Two businesses that I used to patronize were both hauled into court by their competitors, and forced to stop doing business with the public.
One was an individual who would sometimes provide medical services to homeless people for little or no money; his competitors took him to court for "not charging the going rate" and "depriving competitors of a chance to earn a living" (yes, the suit was worded something like that -- I saw the actual legal documents), and the upshot was that his license was suspended by the court. Right, like homeless people are going to pay anything regardless??
The other was a large vertical manufacturer who both made and sold their own raw materials and finished products, hence could sell either at a much lower price than any of the competing businesses -- who in fact usually bought their raw and finished inventory FROM this manufacturer (one of many in their field, tho they are the largest in this immediate area). Naturally word got around, and pretty soon everyone bought from the source instead of paying the small retailers' markup. So the retailers got together and dragged this manufacturer into court under some sort of "restraint of trade" charge -- and WON. This manufacturer can no longer sell to the public, by court order, SOLELY so their competitors can make money. (BTW this is why a few years ago, the local price of chainlink fence and chainlink prefabs abruptly tripled.)
~REZ~ #43301. Who'd fake being me anyway?
Actually that isn't true.
The definition of theft is what the laws of your country define, not what US law states.
In the UK for example, the act of theft does not have to be the removal of a physical object.
I appreciate the majority of Slashdotters come from the USA and therefore, for them, theft != copyright infringement but don't assume that holds for everywhere in the world.
ps. Interestingly enough, there is no concept of "fair use" in the UK either - so if you haven't bought your iPod music off iTunes, you're technically breaking the law. Strange, but true!
Avantslash - View Slashdot cleanly on your mobile phone.