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Music Piracy Unit Raids ISP in BitTorrent Assault

Posted by CowboyNeal on from the blunder-down-under dept.

renai42 writes "Australia's music industry piracy investigations unit has raided an Internet service provider in Perth, Australia in what it says is the first Australian assault on the use of BitTorrent technology for copyright infringement. Outgoing Music Industry Piracy Investigations (MIPI) general manager, Michael Speck, said the raid was launched this afternoon at the offices of Swiftel Communications."

47 of 379 comments (clear)

  1. Arrrr! by BJZQ8 · · Score: 4, Funny

    Arrr matey! Show me the pirates and I be on me way!

    1. Re:Arrrr! by Anonymous Coward · · Score: 5, Funny

      Use the Steve Irwin voice:

      I found these HUGE poirates, they grow up to six or seven feet hoigh and have these big computahs. Here's one with foity songs from that BitTawent, isn't she a beauty? Crikey, I gawts ta wank awff on that toight ass...

  2. Company name by Paska · · Score: 5, Informative

    It should be noted that the company that got raided, is now called 'People Telecom'. There former name was Swiftel.

    1. Re:Company name by Gentlewhisper · · Score: 3, Insightful

      Is MIPI a govt agency? Who gave them the rights to conduct random raids as they please?

      --
      Online backup with Mozy, sounds like Ozzie, but more!
    2. Re:Company name by Paska · · Score: 3, Interesting

      I am pretty sure they are civil, and the court order was obtained from a civil court.

      This is also not the first time this sort of attack has been carried out, a year or so ago a court order was taken out against the largest ISP in Australia, Telstra

      For anyone interested there is a lot more information about this People Telecom raid at http://whirlpool.net.au/

    3. Re:Company name by eln · · Score: 4, Informative

      No, they are not a government agency, the government gave them a court order authorizing them to do this. Amazing how the government will allow a private corporation to search another private corporation's confidential records, isn't it? I believe similar orders have been executed by various industry groups in the US, like the BSA, and possibly the RIAA.

      It's things like this that really give you the impression that government is just a tool of powerful corporations. Whatever happened to government law enforcement agencies enforcing court orders?

    4. Re:Company name by Atrax · · Score: 5, Informative

      Who gave them the rights to conduct random raids as they please?

      A little-used civil search law, apparently.

      The raids were conducted with rarely used search warrants known as Anton Piller orders which are used exclusively in civil proceedings. No police were involved, and the record industry sent its own investigators to carry out the search and seize evidence. From the Sydney Morning Herald.

      --
      Screw you all! I'm off to the pub
    5. Re:Company name by mankey+wanker · · Score: 4, Insightful

      It's The Golden Rule:
      "He who has the gold makes the rules."

      Democracy, Republic, Due Process, Rights - all catchy marketing phrases to disguise the ugly face of unbridled Capital.

    6. Re:Company name by QuantumG · · Score: 4, Insightful
      That's nuts. I found this document on lexisnexis which describes them and related "asset freezing" orders as "the law's two nuclear weapons and the greatest examples of judicial activism in our time. They strike without warning when, as is usual, they are obtained ex parte, secretly and without notice to the respondent."

      That's crazy gestapo crap. I mean it's bad enough that official law enforcement agencies can do this crap but regular citizens!? Insanity.

      --
      How we know is more important than what we know.
    7. Re:Company name by HD+Webdev · · Score: 4, Informative

      It's things like this that really give you the impression that government is just a tool of powerful corporations. Whatever happened to government law enforcement agencies enforcing court orders?

      This way the Government dodges the 'unreasonable search and seizure' rule.

      They often use 3rd parties to keep from violating the Government's consititution.

      For example: Let's say the Government and a criminally-minded person type person suspected I was growning marijuana. He could rob my house, steal that marijuana, show it to the Government, and could tell the Government that he that I was growing it. The Government could then easily get an 'official' warrant to search my premesis for that illegal activity.

      But, the police could not do that (directly) themselves because with a good attorney, I would walk right away from the case.

      The Governments of many countries use a variation of this tactic to do what they are not allowed to do directly.

      They give a 3rd party the advice or permission to do something they aren't supposed to do themselves.

      --
      This is not a dream, not a dream...we are transmitting from the year 1-9-9-9.
    8. Re:Company name by Husgaard · · Score: 4, Insightful
      The United States of America actually forced legislation like this on Denmark. They used the WTO (implying the threat "if you don't comply, we start a trade war").

      So now anybody with a copyright, patent or trademark can raid my private home without warning if they can show that it is probable that I have infringed on their rights to the "court".

      I quote "court" because the "court" that the other part has to show a probable infringement to is lower than the lowest court in Denmark. This "court" has a role somewhat similar to "sherif" in the United States.

      If US people have problems understanding why some foreigners don't like the US, please take this as an example. (Personally I dislike the US government because of it, not the US people.)

    9. Re:Company name by Atrax · · Score: 3, Interesting

      I think it's pretty much the same here in Australia, as we've just signed a similar FTA with the US. There's been a lot of uproar about it, but the Howard government has shoehorned it through anyway.

      I'm right in the middle of a book about it, so not fully versed yet, but there are apparently some DMCA-like provisions in there which may do serious damage, quite aside from the economic concerns many sectors hold.

      --
      Screw you all! I'm off to the pub
    10. Re:Company name by RodgerDodger · · Score: 3, Interesting

      The evidence isn't admissible, but it is sufficient to obtain a warrant in order to find admissible evidence.

      --
      "Software is too expensive to build cheaply"
    11. Re:Company name by HD+Webdev · · Score: 4, Insightful

      The evidence isn't admissible, but it is sufficient to obtain a warrant in order to find admissible evidence.

      Exactly. It's the 3rd party dodge to get a warrant for something the Government can't get a warrant for directly themselves.

      It doesn't matter if the Government can directly prosecute with what they have from the 3rd party...but it is enough for them to get an official warrant to investigate further than they normally would legally be able to do.

      --
      This is not a dream, not a dream...we are transmitting from the year 1-9-9-9.
    12. Re:Company name by morleron · · Score: 3, Insightful

      I'm afraid that, for most purposes, government and corporations are indistinguishable. Here in the U.S. the MPAA and RIAA are allowed to serve John Doe warrants themselves. The situation here in the States is such that MPAA and RIAA congresscritters such as Orrin Hatch make little effort to cover up their attachment to corporations. So-called election finance reform has been shown to be a joke; corporations still buy politicians and the politicians stay bought.

      The courts here in the U.S. no longer seem to pay any attention to our Constitution. The "justice" system in this country is not quite as corrupt as the legislative and executive branches of government, but that's changing. Given that the courts have not seen fit to declare unconstitutional such legislation as the DMCA, the PATRIOT ACT, and other acts that limit American's civil liberties, I don't see much hope that the situation will change for the better anytime soon.

      I wonder if it might be possible to convince enough people to boycott everything produced by members of the RIAA and MPAA that we could starve the monsters that are corrupting our political and judicial systems? I think I'll start by cancelling my memberships in various CD/DVD clubs, etc. Frankly, I'm surprised that there hasn't been a move towards such actions already, at least I'm not aware of any, but would be glad to be proven wrong.

      Just my $.02,
      Ron

      --
      Impeach Barack Obama for violating the Constitutional requirement to be a "natural born" citizen to hold the office of P
    13. Re:Company name by cryptoluddite · · Score: 4, Insightful

      Personally I dislike the US government because of it, not the US people.

      Americans get to vote on the federal government at least once every two years. Combine that with state referendums and offices and that's a lot of voting. So no, you should not have a problem with individual Americans, but you should a big problem with "the US people." We voted for all these unconstitutional laws and so-called leaders.

      As a citizen I can say that you should dislike the American people as a whole. Ultimately the buck stops here and we are the ones responsible for our government (at least for now).

  3. WTF by Turn-X+Alphonse · · Score: 4, Insightful

    WTF is ANY company doing raiding an ISP? Surely this is something for the police or licenced people with a warrant to do..

    --
    I like muppets.
    1. Re:WTF by Brandybuck · · Score: 3, Insightful

      Aaargh! I'm wrong! In Australia a corporation really can conduct raids. Well roll me in grits and call me cornpone!

      --
      Don't blame me, I didn't vote for either of them!
    2. Re:WTF by databyss · · Score: 5, Funny

      I'll bet two RIAA settlements and half a donut

      Starting post with arrogance: Check


      this is merely ZDNet's inability to differentiate between journalism and editorializing.

      Attack of major corporation: Check


      Of course, they are hardly alone in this deficient behavior, and are in the company of many prestigious (and formerly prestigious) media outlets.

      Attack of major media: Check


      It's obvious to all but the tinhat crowd (and ZDNet)

      Attack of /. general public: Check
      Second attack of major corporation: BONUS!!


      that the police did the raid.

      Arrogance of knowledge of another country's legal system: Check

      --
      Hmmm witty sig or funny sig? Maybe elitest techy sig!
    3. Re:WTF by Atrax · · Score: 5, Informative

      Australia doesn't have a bill of rights.

      Correct

      The government can do as it pleases.

      Not correct. There is plenty of accountability. Australia is not an autocratic state lacking checks and balances by any means. If a government oversteps its mark, there are numerous avenues by which they can be constrained.

      --
      Screw you all! I'm off to the pub
    4. Re:WTF by mumblestheclown · · Score: 5, Funny
      and if they do, it's "don't the police have rapists and murderers to catch?"

      it's called the slashdot two-step! anybody can dance to it. the idea is just to keep moving with your keyboards in any way you can to justify piracy.

      For example, in response to this message, you can ignore the main point, and concentrate on the minor linguisitc point that I used the term "piracy" instead of "copyright infringement." See, you can do it.. it's easy!

    5. Re:WTF by R.Caley · · Score: 3, Insightful
      Australia doesn't have a bill of rights. The government can do as it pleases.

      The USA does have a bill of rights, and the government can do as it pleases.

      John Marshall has made his decision. Now let him enforce it.
      -- Andrew Jackson
      --
      _O_
      .|<       The named which can be named is not the true named
  4. Time to switch... by swiltse · · Score: 5, Funny

    Guess it's time for file-sharing Aussies to switch to AOL.

  5. MUTE by Neo-Rio-101 · · Score: 4, Informative

    Assuming that raid become common practice in the future of the internet, one may actually be surprised that P2P apps are trying to work their way out of having their owners IP addresses traced.

    I was surprised (but really, should I be?) to see these kinds of projects. Check out the MUTE project here.

    --
    READY.
    PRINT ""+-0
    1. Re:MUTE by Husgaard · · Score: 4, Insightful
      Interesting, but trying to avoid the law is IMHO not a solution.

      Trying to change the law is what we need to do.

    2. Re:MUTE by rhizome · · Score: 4, Insightful

      >Trying to change the law is what we need to do.

      No, either the music industry or the copyright offices need to get off their fat, money-soaked asses and come up with a workable licensing scheme that doesn't turn huge chunks of the country's citizens into criminals. But, as noted in another story, the record companies are using these suits for revenue more than abatement, so don't worry about the Anton Pillar orders going away soon.

      --
      When I was a kid, we only had one Darth.
  6. SMH Article by Atrax · · Score: 5, Informative

    here, which makes some mention of the law this was carried out under.

    "The raids were conducted with rarely used search warrants known as Anton Piller orders which are used exclusively in civil proceedings. No police were involved, and the record industry sent its own investigators to carry out the search and seize evidence."

    --
    Screw you all! I'm off to the pub
  7. Deja Vu... by ErikZ · · Score: 5, Funny

    For some reason I see the scene from Ghostbusters where the EPA barges into their business:

    "Turn it off! Turn it all off!"

    --
    Democrats or Republicans. They are both taking us to the same place and they are not afraid of us anymore.
  8. Discussions on Whirlpool by The+Qube · · Score: 5, Informative
    There are more details on the case on Whirlpool (Australia's broadband discussion website).

    There's also a discussion on Whirlpool's and Swiftel/People Telcom's forums.

    --

    "First they ignore you, then they laugh at you, then they fight you, then you win."

  9. What does bittorrent have to do with this? by mark-t · · Score: 5, Insightful
    Bittorent is a tool.

    It's sorta like saying that "Before being apprehended, the chainsaw murderer went after the victims with a 2 HorsePower Black-and-Decker Deluxe Model Chainsaw (available at hardware stores near you)"

    --
    File under 'M' for 'Manic ranting'
    1. Re:What does bittorrent have to do with this? by Sycraft-fu · · Score: 3, Interesting

      I dunno, 3dgamers.com, a popular demos/patch/etc site uses it as their primary distribution method. I really have little intrest in illegally copying games or whatever with it, easier to just go buy them and they aren't that expensive. However I find that plenty of legit free stuff I want is either very slow without bittorrent, or simply won't allow me to have it at all without bittorrent.

      For that matter, when a patch for World of Warcraft comes out, their patcher fires up and starts, you guessed it, a bittorrent session. Good thinking too, as patch release days are always brutally slow, but it's hard to justify enough bandwidth full time since you don't need it that often. They'll give you the option to hot use it, but it goes quite slow.

      So seems to me that bittorrent has plenty of legit uses. It is just an intelligent extension of HTTP, after all.

  10. Anton Piller order by Husgaard · · Score: 5, Interesting
    An Anton Piller order is a court order giving one party in an upcoming civil copyright/patent/trademark case the right to raid the other party without notice to look for evidence.

    Here is the Wikipedia explanation

    And here is how it is done in Australia

    It is considered the "atomic bomb" of IP rights enforcement, and is quite old. Because the defendent is not heard before the raid, it was removed from most laws until the new wave of harsh IP enforcement.

    In Denmark this was implemented a few years ago due to pressure from the United States. This is another reason I do not like the US government: Now anybody having copyright, patents or trademarks can raid my private home if they can prove that it is likely that their rights were infringed upon.

    1. Re:Anton Piller order by Atrax · · Score: 3, Interesting

      Thanks for the expansion.

      It's worrying to me that such laws exist in civil cases, but it hardly surprises me that ARIA would employ whatever tactics are available in their ongoing war on file sharing.

      The details of the case suggest that the raid was carried out because the domain names of some torrent hubs were registered to swiftel (rather than a user of swiftel) - or at least that's my interpretation - and if this is true then I'd see that as a pretty dumb move on the part of the ISP.

      --
      Screw you all! I'm off to the pub
  11. For those of you who saw Boiler Room by CarlinWithers · · Score: 5, Funny
    I can't wait till file-sharing raids get screentime in a Hollywood movie. Especially considering how technically literate movie directors are.

    A raid! Quick hide those torrents!

    The actors proceed to furiously bury floppies in desk drawers.

  12. Make no mistake... by lendude · · Score: 5, Interesting
    This has bugger all to do with catching 'offending' P2P/BitTorrent end users, and everything to do with the MIPI ramping up the FUD so as to create an atmosphere of fear of litigation amongst ISP's, driving a push towards ISP's 'voluntarily' screwing down what end users do on the network. i.e. doing the MIPI's job for them. Fuck using current legislation which is wholly appropriate - too much trouble to tag individuals by due process: might as well scare the shit out of ISP's with litigious fear mongering and close-to-libelous PR (I'd love to see that tested in a court of law).

    And Music Industry 'Piracy' Investigations for a title? What about Music Industry Copyright Investigations as a more correct name - oops, too easy to take the MICI out of them.

    --
    "Get off the cross - we need the wood" - Tori Amos
  13. Re:"WTF, mate" by F13 · · Score: 5, Interesting
    Of course that is after piracy = terrorism, which isn't far off I imagine...
    Yeah not far at all.
  14. The story by Anonymous Coward · · Score: 5, Informative

    Many broadband ISP in Australia have uncounted content (does not coun't towards download quota) between users of the same state or where an ISP peers with an internet exchange (eg waix, pipe). This, in combination with often low download limits from ISPs, has lead to a situation where users of this ISP in question had setup bittorrent and direct connect facilities/servers for other users on their own computers (servers and the like are allowed on user connection in this ISP's respective AUP). This way they could exchange files without affecting their quota.

    The people who raided the ISP in particular believed that the ISP had setup the P2P facilities for the users (which isn't the case).

    Interestingly the hubs and groups who were using these facilities were pretty low key, you would be lucky to find two or three seeders per torrent (for example). I am amazed that they even botherd to do the raids, the people involved number in the dozens only. We aren't talking a Aussie suprnova or anything...

    Posting anon for obvious reasons.

  15. Re:Crazy... by CrankyFool · · Score: 3, Funny

    Are you sure? I was pretty sure they were their own continent. I mean, England's just an island -- I'd say it's more correct that England's broken off of Australia.

    But realistically, since they're so far away from each other, I have doubts as to whether they were _ever_ connected.

  16. confused reporting by mako1138 · · Score: 5, Funny

    ...provided the user has BitTorrent software or software or a protocol equivalent to BitTorrent.

    Ah, ZDNet.

  17. Better Article by _Hellfire_ · · Score: 3, Insightful

    I submitted this yesterday with the originally reported article

    What scares me the most is that police weren't involved at all. These are corporations barging in and taking stuff with the government's blessing!

    --
    "And then I visited Wikipedia ...and the next 8 hours are a blur..."
  18. Anton Piller order is not a search warrant. by ZombieEngineer · · Score: 4, Informative

    If you are served with an Anton Piller order, you are being asked nicely to allow a solicitor for the plantiff to enter and remove documents relating to the order. If you refuse the order you will be held in contempt of court.

    The difference is that the bearer of the order needs to ask for permission to access, if there is no-one present then they can't enter.

    ZombieEngineer (IANAL)

  19. Re:So... by rsilvergun · · Score: 4, Insightful

    The PearPC guys are giving their product away for free, and only ask that if you build off their product that you contribute back to the free project. The RIAA (and whatever the fuck the Austrialian equivalent is) are screwing artists out of a good living, overcharging for thier product by maintaining an artifical lock on distribution, and discouraging new/interesting music because having just a few big name bands is more profitable. Your comparison isn't valid.

    I don't understand why the 'little people' (us) have to paint everything black and white while the bastards with all the power can come up with any old justification to do what they want. This isn't hypocrisy. If you're not going to show me any decency and respect, I'm under no obligation to do the same for you. I just wish people weren't such a bunch of dumb fucks that they can't see the distinction, and then maybe reform the system for everyone's benefit (except the record producers, my they and their ilk rot in hell).

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  20. Great quote by Anonymous Coward · · Score: 4, Funny
    http://whirlpool.net.au/article.cfm/1457?show=repl ies:
    Ryan O'Hare, People Telecom CEO claimed to be unaware of the sites or the technology behind them. O'Hare said, "I've never even heard of this technology."


    "I've never even heard of this technology" is the new "I did not have sex with that woman."
  21. and this is who it went? by DenDave · · Score: 4, Funny

    *radio chirps*

    we have 404 in progress

    *chirp*

    they've taken down the links

    *chrip*

    I'm goin' in

    *chirp*

    *crashing sounds*

    *screams*

    put down the network cable!

    put your hands above your head!

    Hey, you, in the greatfull dead tshirt and the
    "fuck-you" hat! Ya you, drop the Peanut butter
    and jelly sandwich right now!!

    The tough jobs of tough men in law enforcement and the War on Torrent....

    *sob*

    --
    -if at first you don't succeed, stay the heck away from paragliding.
  22. The torrent cops will become corrupt... by sgant · · Score: 4, Funny

    Oh sure, at first they'll be on the up and up. But after a while, with so many songs just laying around, soon a young cop...not getting paid enough, will start skimming a few songs off the raid for himself. He'll think "hey, there's so many songs here, they won't know I took a few!"

    Then after a while, he's a major song peddler himself...and the bittorrent pirates will know they can pay him off with a few dozen songs here and there. Corruption will seep into the ranks of the bittorrent police and soon after that, it makes way for the song cartels.

    --

    "Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
  23. Re:Country name. by ozmanjusri · · Score: 4, Insightful

    This Australia we're talking about here. Not the US. They run things their way. We run things our way.

    Not any more. With Howard's Liberal government (famously referred to as a conga-line of arselickers) in power, we run things your way as well.

    Just look at our government's total lack of response when you lock up our citizens without charge.

    --
    "I've got more toys than Teruhisa Kitahara."
  24. The same thing happened in Sweden yesterday! by Anonymous Coward · · Score: 3, Informative

    The Swedish ISP "Banhof" was raided yesterday as well. The Stockholm "tingsrätt" (regional court) authorized a civil search of the premise, and using this warrant the organisation known as "Antipiratbyrån" ("anti-piracy bureau", like RIAA). Apparently Banhof was a colocation company as well, and one of their customers was serwing 7 terabytes of music and movies from a server in their facilities. As the offending server was located on the premises of Banhof, the anti piracy bureau used the civil search warrant and the local enforcement office to impound all computers at the ISPs main office. The internet connection is still working for the customers of Banhof, but the employees are prevented from working and their computers have been impounded. According to their warrant for a civil search of premisses, they were supposed to audit Banhof, and as the server serving the copyright infringing material, according to a press statement by Banhof, belonged to a customer renting a space in the colocation facility, it would seem that they have trespassed on the property of that customer as a civil warrant would not give them the right to search any computers but those owned by Banhof itself.