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Anti-Piracy Bureau of Sweden Planted Evidence

American Sweden writes "Concerning the bust at the Swedish ISP Bahnhof on March 10, IDG Sweden is reporting that Bahnhof has posted their findings of an internal inspection. It seems as if the Anti-Piracy Buereau of Sweden and their infiltrator "Rouge" had a good deal of involvement in supporting the busted FTP server not only with hardware but with so called "warez" as well. The blog of Lars Backlund has a translated version of the interview conducted in the report of Bahnhof." P2PNet.net has a breakdown of the relevant details as well. From the article: "As it turns out, APB (or, rather, their hired informer) supplied the servers and uploaded copyrighted materials. So that's why they were so sure to find stuff, they put it there!"

50 of 346 comments (clear)

  1. On this occasion... by brouski · · Score: 5, Funny

    I think an "OH SNAP!" is appropriate.

    --
    Proud member of the American Non Sequitur Society. We might not make much sense, but boy do we love pizza!
    1. Re:On this occasion... by Iblis · · Score: 5, Funny

      People should have realized this when they found the file called "All yör båse are belöng tö us" among the warez...

      --
      "Free" as in "free 'undred quid".
    2. Re:On this occasion... by WoBIX · · Score: 3, Funny

      You forgot the "bork bork bork" at the end.

  2. Only in America.... by EmbeddedJanitor · · Score: 4, Funny

    Oh, wait...

    --
    Engineering is the art of compromise.
    1. Re:Only in America.... by Ohreally_factor · · Score: 4, Funny

      Back in my day, you had to dress up like an Arab and hire a yacht if you wanted to entrap somebody, and we liked it that way!

      --
      It's not offtopic, dumbass. It's orthogonal.
  3. ah-HA !! by jpiggot · · Score: 5, Funny
    So THAT explains why all those bootleg "ABBA" records were on that server !!

    Man, it's always the innocent and blond that suffer.

    1. Re:ah-HA !! by forceflow2 · · Score: 4, Funny

      No, I think the people who downloaded the ABBA suffered

    2. Re:ah-HA !! by EvilTwinSkippy · · Score: 4, Funny

      I believe it will be the Waterloo of the Anti-Piracy Comission's battles. For the rest of their existance they will be asking the courts to "Take a chance on me."

      --
      "Learning is not compulsory... neither is survival."
      --Dr.W.Edwards Deming
  4. Just a thought by Anonymous Coward · · Score: 5, Insightful

    Keep this in mind the next time anyone suggests any kind of plan by which a government may keep escrow keys for other people's cryptographic systems...

    Or the next time a government defends about imprisoning someone without a trial, or holding tribunal-style trials where the evidence presented judicial decisions are not subject to public scrutiny...

    1. Re:Just a thought by Anonymous Coward · · Score: 5, Informative

      Well, I don't disagree with you. But I feel that it would be appropriate to point out that APB is not a government organization. It's just some people that are paid by various companies, and thus APB hasn't got any more rights than anyone else here.

    2. Re:Just a thought by dgatwood · · Score: 5, Insightful
      So here's an interesting legal issue. If an organization duly authorized by the copyright owner to help manage their copyrights places a copy of the copyrighted material on a public warez server, it seems to me that this legally qualifies as free public distribution by the copyright owner.

      So the question then becomes whether such a distribution is sufficient to have the movies in question declared to be in the public domain.... Thoughts?

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    3. Re:Just a thought by roystgnr · · Score: 3, Informative

      Copyrights must be defended. Failing to do so means you lose your copyright.

      No, you're thinking of trademarks.

      By intentionally placing a copyrighted work into an area in which it can be used freely and not placing such use under the protections of a license, a very good argument can be made that the copyright owner is not practicing due diligence in the defense of their copyright and the copyright is then no longer valid.

      Not anymore. There were indeed laws to the effect of "keeping your copyright requires attaching a copyright notice every time you distribute", and in fact IIRC this was one of AT&T's big problems in their anti-BSD lawsuit, but today (since the Berne Convention?) everything copyrightable you create is automatically copyrighted, and nothing other than an explicit license from the creator can waive those rights.

    4. Re:Just a thought by v1 · · Score: 4, Insightful

      That'd be a bit like driving your car to the bad end of town, and leaving it there with the engine running and door open. Technically the car isn't free for the taking, (it's still your car) though it'd be easy to argue for entrapment.

      --
      I work for the Department of Redundancy Department.
    5. Re:Just a thought by swv3752 · · Score: 3, Informative

      It can be argued that a duly authorized agent places your copyrighted works on a server menat for wide distribution is explicitly waiving your rights.

      --
      Just a Tuna in the Sea of Life
  5. Rouge? by AAeyers · · Score: 3, Funny

    It seems as if the Anti-Piracy Buereau of Sweden and their infiltrator "Rouge" had a good deal of involvement in supporting the busted FTP server not only with hardware but with so called "warez" as well.

    "Rouge"?
    "warez"?

    CowboyNeal?!

    --
    "For Great Justice."
    1. Re:Rouge? by mottie · · Score: 3, Informative

      it also means red in french. not everyone uses english when they pick their alias. i've seen a lot worse

  6. "warez" by pablonhd · · Score: 5, Funny

    So called "warez" ? "warez" did all this software come from? From Anti-Piracy Buereau of Sweden of course! What you pun?

  7. Found _something_ by eddy · · Score: 5, Informative

    >So that's why they were so sure to find stuff, they put it there!

    Well, the fun part is that they actually did not find the stuff they were looking for (specified to the court), and IIRC, they didn't even find the servers they were looking for.

    --
    Belief is the currency of delusion.
    1. Re:Found _something_ by jonfelder · · Score: 5, Funny

      In other news they didn't find the droids they were looking for either.

    2. Re:Found _something_ by Anonymous Coward · · Score: 4, Informative

      Here are the logs of Rouge trading warez while working for APB:

      Wed Sep 1 19:11:02 2004 16 disabled 50000000 /site/console/uploads/ps2/Dynasty_Warriors_4_Empir es-USA-PS2DVD-DAGGER/dgr-dw4e.021 b _ o r rouge IND 1 disabled

      etc, etc.

    3. Re:Found _something_ by torpor · · Score: 3, Interesting

      I find your lack of faith disturbing.

      --
      ; -- the corruption of government starts with its secrets. a truly free people keep no secrets. --
  8. Not only planting evidence... by spaeschke · · Score: 4, Insightful

    It also sounds like entrapment. "Hey, can we be in your scene?!? Here's some 133t zero day games!" sounds a lot like "Hey honey, you working? $50 if you show me a good time."

  9. Hmm... by Anonymous Coward · · Score: 5, Insightful

    This might all be a misstatement. If you follow the link and download the logs, you see he had access for 2yrs and was uploading and downloading a lot of stuff. Now the question we should be asking is... how LONG was he an informant?

    Meaning, maybe he was a kid busted for warez, and the police offered him a deal (no jail time in return for access to the server). So the end result may be that he was working for the police, but he wasn't in fact the police.

    If that's the case, then I don't think the argument of planting evidence is going to work.

    1. Re:Hmm... by Anonymous Coward · · Score: 5, Informative

      Meaning, maybe he was a kid busted for warez, and the police offered him a deal (no jail time in return for access to the server). So the end result may be that he was working for the police, but he wasn't in fact the police.

      1) Police don't make deals. Procecutors do.

      2) Swedish procecutor's do not. It's an american practice.

      3) The guy wasn't working for law enforcement. He recived payment from the 'anti piracy bureau' which is not a law-enforcement or government agency, but rather the Swedish equivalent of the MPAA/RIAA.

      If that's the case, then I don't think the argument of planting evidence is going to work.

      Entrapment isn't legal even if the police do it. It certainly isn't legal when a private citizen does it.

    2. Re:Hmm... by DavidTC · · Score: 3, Interesting
      Entrapment for the police means they have no case. They can't arrest people for stuff the police encouraged them to do.

      'Entrapment' for private citizens is just simply 'breaking the law'. It's no more entrapment than driving a getaway car is entrapment...it's just a crime, period. Doesn't matter if you were going to turn them in or not.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  10. Off Topic : How to pronoune "warez" by Anonymous Coward · · Score: 5, Funny

    I used to work with a guy who had the worst command of English ever. What made this more perplexing was that it was his native tongue. Anyway, we developed a lexicon of terms that he couldn't pronounce.

    Alias? "Uh lie us".
    Executable? "Egg ZEK you table"
    Egregious? "Eee gruh gare eee us" (like e-gregarious")

    Anyway, his most..er.. egregious offense was when he came across the term "0day warez." We were at lunch talking about software or something else nerdy and he mentioned "Oday Juarez" (oh-day war ezz). I thought he was talking about an Iraqi-Mexican immigrant that had just started at work or something.

    No. He read 0day warez as "Oday Juarez."

    If I ever sign up for a Slashdot account, Oday Juarez is going to be my nick.

  11. The news from piratbyran.org... by Jugalator · · Score: 4, Informative

    They're saying that the hired infiltrator had retrieved and shared the most part of all games and movies released during 2004. To gain more space for all copies, the infiltrator had even bought and sent hardware for a total of SEK 20,000 ($2,800). In the beginning of March, he was supposed to send hard drives totalling at 800 GB, however the raid came in between.

    Even worse, this raid was part supported by STIM, an organization partially funded by the swedish government.

    --
    Beware: In C++, your friends can see your privates!
  12. Re:Sigh by tomhudson · · Score: 4, Interesting
    So, we're supposed to get angry at all anti-piracy groups now because this one planted evidence?

    I mean, that's really the point of posting this. If GPL authors can go after GPL violaters, copyright owners can go after infringers.
    So what you're implying is that it would be okay to secretly insert GPL code into a non-GPL project, then sue to have the project opened up. After all, that's the same as planting evidence.

    That's NOT what the GPL is for. Submarining shi[tt] is wrong, whichever side does it.

    Mind you, I can see the NEXT PROFIT MODEL:

    1. Stick your mp3 collection on company server
    2. If you're laid off, threaten to rat them out at $150,000 a song
    3. P-R-O-F-I-T (sung to the tune "I want Money!")
  13. In the US, the ISP could sue for damages by mveloso · · Score: 3, Interesting

    In the US, the ISP could sue for damages, and there's a good chance the APB would settle for a large sum.

    Can they do that in Sweden? Or are they just going to get a "so sorry, we'll be sure it doesn't happen again (until next time)?"

  14. What do Swedish Pirates themselves have to say? by AtariAmarok · · Score: 4, Funny

    I veell seenk yuoor sheep und ploonder yuoor buuty und peellege-a yuoor vumee. Avast, yuoor feelleges und buets veell feer. Hurty flurty schnipp schnipp! Arrrghh. I vurk vurk vurk und em keelhaul zee scuoorge-a ooff zee ooceuns. Um gesh dee vork vork vork!

    --
    Don't blame Durga. I voted for Centauri.
    1. Re:What do Swedish Pirates themselves have to say? by Soulfarmer · · Score: 3, Funny

      That sounded A LOT more like dutch than swedish... :)

      --
      -Is the meaning of life vanity, or is vanity the meaning of life?
  15. Re:wheres the outrage? by _GNU_ · · Score: 3, Informative

    This is illegal in Sweden, FYI.

  16. Re: "Oh Snap?" by Superfreaker · · Score: 3, Funny

    "Oh Snap!"

    That phrase really dates you. I think you were looking for something more like:
    "Homey don't play dat!"

  17. Re:wheres the outrage? by gr8_phk · · Score: 4, Insightful
    "Law enforcement has been "hiring" hitmen in order to find and arrest them for decades."

    Law enforcement hires a hitman and then arrests him before he does the job - like right after he accepts some money. They do not commit murders themselves to become part of a group that does such (that we know of). They can pretend to be drug buyers in order to catch dealers, but it's not OK to become a low level dealer (selling to the public anyway) in order to move up the food chain to reach the source - or does this happen?

  18. What about giving them illegal stuff? by Otto · · Score: 3, Insightful

    What do you call it when the cop gives you a kilo of grass, tells you it's free, then busts you for having it?

    Or closer to this case: If somebody comes up and hands me a bunch of weed for free, then goes and gets a cop and tells them I have weed, and the cop comes and busts me?

    Basically, somebody gave the guy servers and loaded warez onto them, then told the cops to bust the man. You can't tell me that's right. I may not know the legal terminology here, but it still ain't right nevertheless.

    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
  19. In what legal theory? by Kjella · · Score: 5, Informative

    a) A license (or broader: "authorization") to distribute freely, does not imply a change in its copyright status. See BSD, GPL or any other license.

    b) By default distribution and reproduction are exclusive rights of the copyright holder. Even if you legally download it (signing no license at all), none of those rights have been given to you.

    Perhaps you should read 5 of the GPL (it applies equally well to any other software without a license):

    "You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License."

    --
    Live today, because you never know what tomorrow brings
  20. Re:Sigh by NanoGator · · Score: 3, Interesting

    "So, we're supposed to get angry at all anti-piracy groups now because this one planted evidence?"

    As opposed to not letting them know this behaviour won't be tolerated?

    --
    "Derp de derp."
  21. Rather different system... by Kjella · · Score: 4, Informative

    Our liability figures are low here in Scandinavia, so it probably wouldn't be worth the effort by itself. Right now, this is mostly a PR disaster. It does have some very interesting criminal prosecution possibilities though, all Bahnhof needs to do is to press charges. From there the public justice system would drag APB through court, and Bahnhof would have a walk-over in civil court afterwards. That is much more common here.

    --
    Live today, because you never know what tomorrow brings
  22. Re:Sigh by Anonymous Coward · · Score: 3, Insightful

    If GPL authors can go after GPL violaters, copyright owners can go after infringers.

    No matter how many times this is explained the ACs never seem to catch on. (is that a troll i smell?)

    Using without paying is COMPLETELY DIFFERENT than claiming authorship. Lumping them both under the umbrella term "piracy" is orwellian meme bundling.

    Need proof? Using without paying is legal in my country, but violating the GPL is not. See? Different.

  23. Re:Sigh by hkmwbz · · Score: 5, Insightful
    "I'm pointing out the real motives behind the posting of this article--to get the P2P piracy defenders up in arms. "See, THEY'RE the evil ones!""
    The real motives? They are the evil ones. This industry is actively lobbying for stricter laws that remove consumer rights, and move us towards fascism rather than democracy.

    These industry backed organizations pretend to be on a moral high ground, but the fact is that they engage in illegal and immoral activities.

    To me, entrapment, cartels, lobbying to remove individual rights, choking the market, terrorizing people with frivolous lawsuits, etc. are all far more serious than a bunch of kids swapping files.

    So yes, they are the evil ones, and the methods they are using to deal with kids swapping files are outrageous.

    "It's hypocrisy to complain about GPL violations but then try to paint anti-piracy groups as the bad guys."
    This is a load of crap, and you know it.
    --
    Clever signature text goes here.
  24. Another interesting misshap made by APB. by hpj · · Score: 5, Informative
    On another note a on misshaps that the totally out of control Swedish APB has made is that they managed to put an interview with their chief legal officer with the Swedish public radio on the front page of their webpage without aquiring the rights to do so from the copyright holder (The radio station).

    For you guys who know swedish hereis an interview where the public radio calls Henrik Pontén (The APB lawyer in question previously) and ask him how they could do that. My favourite quote (Liberally translated to English): "We are currently very busy hunting pirates. I don't have time to check our webpage every day".

    /Mauritz

  25. Re:Sigh by MightyMartian · · Score: 4, Informative
    This is no different than a vice squad planting heroin to make a bust, or detectives planting a bloody knife to frame a suspect. I don't know what the rules are like in Sweden, but I know here in Canada (and I'm pretty sure in the US as well), a judge would toss the case out.

    Looks like a 21st century version of Sergeant Norman Pilcher's campaign against rock star druggies.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  26. Did you read... by Kjella · · Score: 4, Informative

    ..the sig of the person you're correcting? "(...) I am a lawyer. (...)"

    Copyrights must be defended. Failing to do so means you lose your copyright.

    Copyright does not have to be defended. Patents and trademarks must be. If you are careless with your copyright *notices*, it may exempt violators from liability. However, most any software/movie etc is full of copyright notices. As long as it is clearly marked as copyrighted, nothing can undo it nor the liabilities.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  27. this sounds familiar ... by SimonInOz · · Score: 5, Funny

    Come on, hand them over - we know you have weapons of mass destruction, we have the receipts!

    --
    "Cats like plain crisps"
  28. Re:What constitutes "hard time" in a Swedish priso by Hannes+Eriksson · · Score: 3, Funny

    For some reason I envision a maximum security prison in Sweden being more like a college dorm than a prison.
    I suspect that might be more correct insight than intended. There are people going to Sweden who would regard emprisonment a paid vacation. Maybe not maximum security prison, but prision isn't a punishment in .se, it's a way of keeping society safe. Now I'm getting carried away again. I'd better stop typing. Argv, I cannot! but.. well, uhm. aaaaah[connection reset by peer]

    --
    Geek rants since like... 2000 or something.
  29. Re:Sigh by TorKlingberg · · Score: 5, Informative
    So, we're supposed to get angry at all anti-piracy groups now because this one planted evidence?

    These are some of the members companies of the Swedish Anti-Piracy Bureau. My guess is that most anti-piracy groups are run by them.

    Buena Vista Home Entertainment
    CAPITOL FILM DISTRIBUTION
    Columbia TriStar Films
    Microsoft
    PAN Vision
    Paramount Home Entertainment
    Sandrew Metronome
    Scanbox Entertainment
    Universal Pictures
    Vivendi Universal Games
    Warner Home Video
    Universal Music
    EMI Music
    Sony Music Entertainment

  30. FYI by gagge · · Score: 4, Interesting

    Again, APB (Anti-Piracy Bureau) is not a law-enforcement bureau, it's not connected to the government in any way. It's a lobby organisation for the film and music industry. Strangely, they get the police to do whatever they tell them, they even appear on site at the same time as the police during busts. The police even recommended on their website that piracy crimes should be reported to APB, not the police.

  31. Re:Sweden: More Crime and Poverty Than Mississippi by n3k5 · · Score: 5, Insightful
    Though they think of themselves as prosperous, Swedes as a group are actually worse off than black Americans, according to this Swedish study.
    What the linked study says is true, the numbers are sound. But numbers like the GDP per capita are only a part of the picture. If you condense the statistics down to one average American and one average Swede, you ignore that there are lots of poor Americans who are made up for by the top 1% Americans who have 1/3 of the wealth. In Sweden that curve is a lot more even. If you have a look at reports plotting the quality of life in countries of the world, Sweden usually makes the top 5 while the US aren't even in the top 20. Another issue with the GDP/capita is that, while it is a nicely internationally standardised and generally useful figure, it measures how much people produce. Americans produce more, thus earn higher wages, and use those to consume more. In the process they harm their environment much more, which isn't represented by the GDP. The US also have a huge national debt. In comparison, your average Swedes do have problems with unemployment, but those that have work also choose to work less and have more leisure time. They also don't want to have 3 TV sets and 2 cars per household.

    As far as the economic statistics go, I don't intend to contradict the parent poster at all, I just want to say you have to take them with the customary grain of salt. It's a different story with the crime rates: The parent is plain wrong. Crime rates in Sweden, and most of the EU in general, are lower than in the US. The provided link didn't work for me; maybe it was related to that Interpol report that inflated Sweden's murder rate to some 500% because of a statistical error? Again you must take care not to oversimplify things; maybe there are more pickpockets per capita in Sweden than in the US, or maybe they catch more pickpockets in Sweden (because the police aren't so occupied with homicides?), but when you visit Sweden you definitely don't have to be afraid that something really bad will happen to you. The crime rate is low.

    Speaking of crimes, the actual topic would have been something about piracy or so? Oh well. Maybe next time.
    --
    but what do i know, i'm just a model.
  32. Re:Sigh by Michael+Hunt · · Score: 4, Insightful

    No, Piracy is violence and murder atop the high seas. Selling thousands of bootleg copies of Windows XP or Britney Spears is both a violation of good taste and large scale copyright infringement.

    Nothing annoys me more than people referring to copyright infringement as 'piracy'. It does a dishonour to those I know who have actually had to fend off real pirates in their time (e.g. my best mate's dad, who's Chief Engineer on a very large Shell product carrier.)

  33. Re:Sigh by thaum1el · · Score: 3, Informative

    Actually, by Swedish law you might find yourself persecuted if you provoce a crime.

    But this is more like planting evidence, and I am pretty sure it is illegal in most western countries. It sure is here in Sweden.

    --
    War doesn't determine who is right, only who is left.