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Crackdown on BT Users in Hong Kong

griffinn writes "100 BitTorrent users in Hong Kong are about to receive legal threats from the MPIA (Hong Kong's equivalent of the MPAA), BusinessWeek reports. The users were randomly selected from more than 6000 IP addresses collected by investigators. Customs officials are also following through on their previous arrest of a 38-year-old man who allegedly uploaded three movies." From the article: "If convicted, the suspect faces up to four years in prison and a fine of 50,000 Hong Kong dollars ($6,400) for every illegal copy."

229 comments

  1. jade empire trade outpost crushes rebel bittorrent by che.kai-jei · · Score: 0, Offtopic

    users in a trap.

  2. I'm Spartacus! by CrosbieFitch · · Score: 5, Funny

    If you ask me, the other 5900 BitTorrent users should come forward and say "I'M SPARTACUS!"

    1. Re:I'm Spartacus! by Anonymous Coward · · Score: 0

      you mean 5999?

    2. Re:I'm Spartacus! by cpt+kangarooski · · Score: 2, Insightful

      In which case, they end up being jointly and severally liable, and the Romans kill everyone, counting on the rebellious slaves to sort it out amongst themselves later.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:I'm Spartacus! by saudadelinux · · Score: 0, Troll

      *cough* Tiananmen! *cough*

      --
      I didn't think the house band in Hell would play this badly.
    4. Re:I'm Spartacus! by r00t_ur_b0x · · Score: 1

      I don't know what's worse, the fact that you're making bash.org jokes, or that I got it.

    5. Re:I'm Spartacus! by secolactico · · Score: 1

      If you ask me, the other 5900 BitTorrent users should come forward and say "I'M SPARTACUS!"

      You do remember how Spartacus and his followers ended, don't you?

      --
      No sig
    6. Re:I'm Spartacus! by Anonymous Coward · · Score: 0

      You seem to be in need of some remedial work on both your reading comprehension and math skills.

      Hint: 6000 - 100 != 5999

  3. China by Changa_MC · · Score: 4, Funny

    I say, it's about time China recieved the same lack of freedoms that we have right here in the good old US of A.

    --
    Changa hates change.
    1. Re:China by Anonymous Coward · · Score: 0

      About time? You can't be serious! You obviously don't know much about China then. They're about as free as US citizens are to elect a president of their choice... that's not very free, by the way.

    2. Re:China by Anonymous Coward · · Score: 0

      oh really? did you really believe you had the "freedom" to pirate other people's property in the USA to begin with?

      Because you never did. In your rush to automatically equate China and the US, the lack of freedoms between them don't even come close.


      Yeah, and eternal monopolies on ideas, images, and sounds are just such a natural thing. They practically enforce themselves.

    3. Re:China by Anonymous Coward · · Score: 0

      If you have to explain the joke, its probably not that funny...

    4. Re:China by aleatory_story · · Score: 2, Funny

      What's up with this Anonymous Coward battle going on? Someone send for a butcher.

      --
      Whatever you may be sure of, be sure of this: that you are dreadfully like other people. - James Russell Lowell
    5. Re:China by meringuoid · · Score: 2, Funny
      I have to wonder about this.

      You'd expect that if there was one place in the world you could do your thing safe from persecution by corporate cartels, it would be in a communist country.

      I realise that the Party in China is rather lax and generally much too soft on counterrevolutionary and imperialist elements, but this is bloody ridiculous...

      --
      Real Daleks don't climb stairs - they level the building.
    6. Re:China by Anonymous Coward · · Score: 0

      Your post is funny and sad at the same time...

    7. Re:China by AK+Marc · · Score: 1

      did you really believe you had the "freedom" to pirate other people's property in the USA to begin with?

      Of course. The Industrial Revolution in the US was fueled by violated patents. We robbed those from around the world, knowing that they couldn't enforce them. The same thing is true currently with allofmp3.com. I'd expect that China would be much more open to wholesale piracy. They are ok with it for jeans and sunglasses, why not movies?

    8. Re:China by SCVirus · · Score: 1

      Hong Kong is no longer part of china.

  4. Maybe they can plead down... by yotto · · Score: 5, Funny

    ...to something like Manslaughter or Murder 3.

    1. Re:Maybe they can plead down... by ndogg · · Score: 1

      For a second there, I thought you said Manhunt, and here I was thinking that one got a video game in Hong Kong for committing a crime.

      --
      // file: mice.h
      #include "frickin_lasers.h"
    2. Re:Maybe they can plead down... by Klivian · · Score: 5, Insightful

      I'd say it's smarter to stop wasting time downloading, and just steal your DVDs in shops. Afterall the punishment for shoplifting are much lower.

    3. Re:Maybe they can plead down... by Anonymous Coward · · Score: 0

      actually, they don't even need to steal the stuff. a dvd costs around 3-5 $ in hongkong, with hardcase and booklet. who needs to bittorrent then?

      O_o

    4. Re:Maybe they can plead down... by Chatsubo · · Score: 1

      Plus, you don't get your IP logged. So you have a better change of actually getting away with it. Yes, this is highly debatable. Let me put it this way, you have a better chance of getting away with it after the deed.

      This makes me think of a local ad-campaign where they show scary-looking people in masks stealing stuff, and then liken it to music piracy. Soon, they might just be right on the button.

      --
      > no, yes, maybe (tagging beta)
  5. Scare tactics by Anonymous Coward · · Score: 3, Insightful

    This is just to scare the sheeps. Very common tactic.

    1. Re:Scare tactics by Spy+der+Mann · · Score: 1

      This is just to scare the sheeps. Very common tactic.

      And the intelligent ones will go underground, untraceable. Just as they've always done.

    2. Re:Scare tactics by danbond_98 · · Score: 1

      Was as long as the sheep aren't scared it's ok.

    3. Re:Scare tactics by Farmer+Tim · · Score: 1

      Until the current underground becomes the latest fashionable protocol and the "intelligent" ones are forced to move on again, just like BitTorrent, and before that Kazaa, and before that Napster. And so the cycle continues...

      --
      Blank until /. makes another boneheaded UI decision.
    4. Re:Scare tactics by Anonymous Coward · · Score: 0

      And 90% of us humans are sheep. After all, everyone here has had to conform to certain models of behaviour. Baaaaaaaaa.

  6. Bloody typical by gowen · · Score: 5, Interesting

    How can you expect the RIAA to distinguish between legitimate and illegitimate uses of BitTorrent when slashdot editors cannot be bothered to do the same? Hong Kong is not cracking down on BT Users, but on wilful copyright violators who happen to use BitTorrent.

    You might as well run a headline "US police crack down on Drivers", leading to a report detailing the arrest of a guy who drove a getaway car in a robbery.

    Sheesh.

    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    1. Re:Bloody typical by andreMA · · Score: 4, Insightful
      You have a valid point, but there's only so much room in a headline. Headlines are intended to be a bit over the top, to entice you into reading the summary... and then hopefully the article.

      The real issue here, I think, is that the (presumed guilty) copyright offenders are looking at 4 years in a Chinese prison. Is that an appropriate punishment for the offense? Is that proportionate to what other offenders get under the Chinese justice system? If not, what political and financial influence was exerted to provide disproportionate protection to copyright holders... and why?

      These are the rich topics for debate here, not BitTorrent per se.

    2. Re:Bloody typical by quax · · Score: 5, Informative

      The article says:

      Separately, a Hong Kong movie industry trade association said it plans to send letters to 100 BitTorrent users through their Internet service providers threatening legal action unless they stop using the software.

      Apparently the Hong Kong movie industry does not bother to make the distinction either and the headline ins entirely justified.

    3. Re:Bloody typical by LordSnooty · · Score: 5, Interesting

      The real issue here, I think, is that the (presumed guilty) copyright offenders are looking at 4 years in a Chinese prison. Is that an appropriate punishment for the offense?

      Considering that apparently every street corner in China has guys selling pirated DVDs for thier OWN PROFIT, it does seem a little disproportionate, yes.

    4. Re:Bloody typical by Anonymous Coward · · Score: 0

      Well said.
      These people are uploading copies of movies for distribution.
      They do not own the movies, what they are doing is at worst illegal and at best immoral.

      When will you /. fuckwitts get over this ?

    5. Re:Bloody typical by grumpyman · · Score: 5, Interesting
      The situation in Hong Kong is quite different from the rest of China. Hong Kong judicial system is based on British common law. The basic law set the guiding prinicple around the system after 1997.

      I think the judges still wear that stupid wig from colonial days, and vast majority of them are actually ethnicity of non-chinese last time I checked. "MORTIMER", "HOFFMANN", "Hon Sir Ivor RICHARDSON" doesn't sound Chinese to me. The official language in court is actually English, unless approved by the judge to use Cantonese.

      Please, please, please, fellow slash-dotters, for once stop making sweeping statement about China, that because they're communist, they must be evil in every aspect. I'm not saying communist is better but check out how well western democratic is working for all of us. We in Canada are ruling by a party of 35% support (liberal), and soon we'll probably be ruled by a party of 30% (conservatives).

      If you want to read more about politics/judicial/business corruption mess, please first check with Halliburton and Enron.

      I urge all of us to read more before making judgements.

    6. Re:Bloody typical by Dipster · · Score: 1
      If not, what political and financial influence was exerted to provide disproportionate protection to copyright holders... and why?

      The same political and financial influence that gets you 3 years in an American federal prison.

      http://yro.slashdot.org/article.pl?sid=05/04/28/12 23244&tid=155&tid=126&tid=103

    7. Re:Bloody typical by DemingBuiltMyHotRod · · Score: 1
      Is that an appropriate punishment for the offense? Is that proportionate to what other offenders get under the Chinese justice system?

      Well, considering corruption is a hanging offense in China I'd say it is proportionate.

    8. Re:Bloody typical by SerialEx13 · · Score: 1

      Most polls these days are putting tory support in front of grit support. Although, as the case with one poll, that was only after people were reminded of the sponsorship scandel. When people aren't reminded of the sponsorship scandel, the numbers are much closer.

    9. Re:Bloody typical by jacksonj04 · · Score: 1

      I think the plus about Chinese prisons is they don't rely on stories of male rape.

      --
      How many people can read hex if only you and dead people can read hex?
    10. Re:Bloody typical by Anonymous Coward · · Score: 0

      "I'm not saying communist is better but check out how well western democratic is working for all of us. We in Canada are ruling by a party of 35% support (liberal), and soon we'll probably be ruled by a party of 30% (conservatives)."

      Well at least in most Democratic nations, other parties CAN exist. You shouldn't fault the system for the way people vote. There's a huge difference between giving the power to the people, and consolidating it within a regime. The fact that we (in America) can vote without fear of reprisal, and with a certain amount of confidence that our votes count, means that we have the power. Unfortunately, most citizens fall for the politicians' claim that they have a monopoly on the truth. That is where corruption begins.

    11. Re:Bloody typical by Anonymous Coward · · Score: 0

      Actually the good parts you're defending about Hong Kong were instituted by the British and the Basic Law was meant to recognize the fact that those laws and policies have made HK into one of the wealthiest enclaves in the world and should be left in place.

      I haven't seen anyone say that all of China was evil and corrupt. Just because there's an occasional story about the stuff that's wrong with China doesn't mean people think of China as entirely corrupt, just mostly corrupt. And while there's political and business corruption in the US the judicial system is the least corrupt of any institution in the US, which may be why the GOP wants to change it.

    12. Re:Bloody typical by grumpyman · · Score: 1
      Totally agree - single party is just dangerous. If people in power are good, things work out fine, and people/economy prosper, at least for a portion of people (i.e. now). If people in power are bad, shit happens (i.e. cultural revolution).

      The fact that we (in America) can vote without fear of reprisal, and with a certain amount of confidence that our votes count, means that we have the power.

      But the cold sad truth about the three points you mentioned above - it simply doesn't work like that as expected/intended. Remember vote counting? :)

    13. Re:Bloody typical by Anonymous Coward · · Score: 0

      You have a valid point, but there's only so much room in a headline. Headlines are intended to be a bit over the top, to entice you into reading the summary... and then hopefully the article.

      Who cares whether it was intentional or not? A con artist intends to mislead people too, but we don't say "hey, he intended to do it", we still complain.

      If anything, the fact that the misleading headline was intentional makes it more worthy of complaint, not less.

  7. If this happened in the US... by Veinor · · Score: 5, Interesting

    BitTorrent is not inherently illegal. You could use a similar argument to prohibit downloading of ANY files, since they just use a different method.

    It appears that their government is throwing out the baby with the bathwater. If they tried that sort of stuff in the United States, then the government would catch so much flak from people claiming this is an invasion of privacy (which it is.)

    1. Re:If this happened in the US... by nurb432 · · Score: 1

      Is BT legal in Hong Kong? While the story was misleading, its always the countries choice to outlaw something..

      Even if it is silly.

      --
      ---- Booth was a patriot ----
    2. Re:If this happened in the US... by hedora · · Score: 1

      I'm not sure I understand the invasion of privacy thing... isn't that already going on in the US? Maybe the parent should be modded "funny"... ;)

      If they are tracking down on BT as a technology in China, it might be because they are worried that BitTorrent is being used to bypass China's filtering firewall.

      I'm not sure that makes very much sense, since .torrent files are typically served by web servers, and China can already (try to) block objectionable web servers. Still, it's a decent theory.

    3. Re:If this happened in the US... by Anonymous Coward · · Score: 0

      First of all, Hong Kong is separate from China and is not behind the firewall. Second, the problem is not just the tracking of distributing illegal files, but apparently on distributing anything via bittorrent.

  8. Re:jade empire trade outpost crushes rebel bittorr by Anonymous Coward · · Score: 0

    jerks. this is on-topic. maybe not funny. but not off topic

  9. This is HONG KONG!!! by Anita+Coney · · Score: 4, Insightful

    Simply leave your apartment, go to the nearest corner, buy all the DVDs you want for about a buck each, then go home and watch them!

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
    1. Re:This is HONG KONG!!! by FuturePastNow · · Score: 1

      I don't know, now that they have gigabit broadband it might be easier to just do it all from home...

      --
      Give a man fire, and you warm him for the night. Set a man on fire, and you warm him for the rest of his life.
    2. Re:This is HONG KONG!!! by Tethys_was_taken · · Score: 1

      Where do you think the original source for those DVDs comes from?

    3. Re:This is HONG KONG!!! by 0x461FAB0BD7D2 · · Score: 3, Informative

      Pirated DVDs and VCDs are no longer as ubiquitous as they once were.

      The HK police and Customs Department have been cracking down on these vendors because of increased pressure from other governments and because many of them were linked to triads.

      Also, the widespread use of BitTorrent and other P2P systems have made them increasingly redundant.

    4. Re:This is HONG KONG!!! by grumpyman · · Score: 1

      If you're trying to imply HK is such an evil land, I beg your pardon. It's all a matter of convenience. In North America, our favorite pirate music/movie stores are called BearShare, Gnutella, BT...etc.

    5. Re:This is HONG KONG!!! by ehiris · · Score: 1

      "because ... many of them were linked to triads"

      Kind of like all those file-sharers. File sharing is a mafia, communist, Saddam, and terrorist conspiracy. Hopefully Patriot Act #2 will stop their acts of terrorism by putting the MPAA and the RIAA in control of everything.

    6. Re:This is HONG KONG!!! by aaarrrgggh · · Score: 1

      no, no, no!

      Because the Triads aren't getting a cut, they aren't "sponsoring" the police, and there is no reason to not raid the P2P users...

    7. Re:This is HONG KONG!!! by iminplaya · · Score: 1

      It's probably the street vendors who instigated the complaints against BT. It's putting them out of business.

      --
      What?
  10. smartness by meester+fox · · Score: 5, Insightful

    4 years in prison? I can understand thieves and murderers doing prsion time, but some dude uploading a movie on the internet? Kinda a waste of jail space, I think. That and he (or she) won't really fit in, because there are plenty of decent people who swap movies and music.

    aside from that, is it just BT users in general, or ones who were found to be swapping illegal content?

    --
    http://www.6765656b.com it's the ~ for us geek's.
    1. Re:smartness by over_exposed · · Score: 2, Funny

      Are you really concerned about how well the presumed guilty file-swappers will fit in... in PRISON? I don't ever recall someone getting let out of a jail sentence because "the other prisoners would think they're pussies."

      --
      "The object of war is not to die for your country, but to make the other bastard die for his." - Patton
    2. Re:smartness by Spy+der+Mann · · Score: 2, Funny

      Kinda a waste of jail space, I think.

      Meanwhile, in a HK prison...

      (translated from chinese for your convenience)

      "What ya guys here for?" asked a rather strong looking villain.

      "I murdered ten people", said one, chewing a gum.
      "I raped a girl", said another.
      "I tried to steal a bank, and killed a hostage. That was my mistake."
      "And you?"
      (timid looking nerd guy) "I downloaded a movie with bittorrent..."

      (The criminals gasp in shock and fear)

    3. Re:smartness by Stonehand · · Score: 1

      Well, they could always impose a sentence to trumpet it to the world about how they're serious about stamping out copyright infringement, even on foreign-owned material, and then reduce the sentence when the reporters stop covering the case. Oh, and warn the victim not to go talking about it to the press, either.

      This fellow may have been selected to serve as an example, but it's not necessarily for the benefit of the domestic audience.

      --
      Only the dead have seen the end of war.
    4. Re:smartness by meester+fox · · Score: 1

      That WOULD be a neat idea.

      "sorry, i'm too much of a whimp for jail"

      I just think that 4 years in prison is a bit much for just swapping movies. A fine I can understand. But jail time? That's a bit much, I think. Because in the end, they aren't really hurting anyone. It's not like they are physically stealing stuff, which could hurt a company directly. But since it's in digital, all they are losing is money that they could have made, in theory.

      --
      http://www.6765656b.com it's the ~ for us geek's.
    5. Re:smartness by clausiam · · Score: 1
      I can understand thieves and murderers doing prsion time, but some dude uploading a movie on the internet?

      What is the difference between a thief and a person uploading a copyrighted movie to the internet? That's right there is none!

      There's so much RIAA/MPAA bashing on /. about them not distinguishing between legal uses of P2P and illegal uses, but when I read stupid comments like this one I can't say I blame them. Pirating is stealing. Downloading pirated material is "small fish" stealing (and if you actually use it for evaluation and buy the CD/DVD/Program afterwards it's not stealing at all in my book, but I bet most people who use the "evaluation" argument never buys it anyway - why, spend money on something you already have). Uploading pirated material is "big fish" stealing, because you actually not only steal your own single copy but facilitate others in doing the same. The fact that the technology (in the case of bittorrent) is such that both upload and download is potentially part of any "transaction" doesn't change this fact.

    6. Re:smartness by ultramk · · Score: 1

      That and he (or she) won't really fit in, because there are plenty of decent people who swap movies and music.

      There are also plenty of decent people who: ... have a bit of a pot habit. ... occasionally drive a little too fast. ... didn't pay their taxes on time. ... got into a fight in a bar. ... took advantage of their employer. ... took advantage of their babysitter. ... had a little too much to drink, and decided to drive home afterwards. ... etc.

      Not that I disagree with you that this is excessive, but there are lots of people in jail who are "nice people" by almost any metric. Of course, there are lots of people in there who aren't very nice, as well.

      Just a thought.

      m-

      --
      You catch enchiladas by picking them up behind the head and holding them underwater until they don't kick anymore -VeGas
    7. Re:smartness by Not_Wiggins · · Score: 1

      4 years in prison? I can understand thieves and murderers doing prsion time, but some dude uploading a movie on the internet? Kinda a waste of jail space, I think.

      Completely agree with you that it is a waste of jail space.

      However, I don't think any government persuing this course of action is looking to put all users in jail. They are simply looking for a way to make an example out of someone to scare the beejeezus out of the rest of the populace. I say, if one is going to try to use this tactic and be effective, then one should go the full way: execute the person committing the "crime." That'd scare the hell out of the rest of the sheeple.

      Or maybe, just maybe... governments should leave Machiavellian tactics to Machiavelli and try to find a constructive way to deal with what is entirely a commercial/civil problem.

      --
      Diplomacy is the art of saying, "Nice doggie!" until you can find a rock.
    8. Re:smartness by Stonehand · · Score: 1

      all they are losing is money that they could have made, in theory

      That's still hurting them directly, when it happens. For a more concrete but non-filesharing example, if a stockbroker executes a market-sell order with an unusually wide gap between the selling price and the buying price, and pockets the difference, that's costing the seller money "that he could have made". And it's a very real loss -- one that is tolerated in small amounts, as part of the broker's ordinary compensation, but not one that is supposed to be very large.

      If "Random Blockbuster-Wannabee with No Plot or Acting" movie were leaked, people download it, and word-of-mouth spreads that sitting through it is worse than catching herpes from an morbidly-obese partner with deadly body odor so that many people that would have risked buying tickets movie-unseen decide not to, that's real damage.

      It's arguably deserved damage from a moral point of view that the studio shouldn't have elected to release such garbage, but that doesn't mean that the courts would ignore the legal argument that real damage was done by reducing potential sales Sales that rely on unsuspecting customers are still sales, and the lack of them still reduces revenue.

      --
      Only the dead have seen the end of war.
    9. Re:smartness by calethix · · Score: 1

      "If "Random Blockbuster-Wannabee with No Plot or Acting" movie were leaked, people download it, and word-of-mouth spreads that sitting through it is worse than catching herpes from an morbidly-obese partner with deadly body odor so that many people that would have risked buying tickets movie-unseen decide not to, that's real damage."

      So if a movie gets a bad review, we should lock up the reviewer because that deprived the movie company of some profit? That's a pretty shaky argument in my opinion. You could just as easily say a good movie is leaked, creating positive word-of-mouth so more people go watch the movie in the theater. The real damage is people who download the movie and like it but have no need to pay for it since they just saw it for free.

    10. Re:smartness by KarmaMB84 · · Score: 1

      I suppose it depends on whether the legal system realizes that 4 years of being sodomized by rapists and murders is cruel and unusual for uploading files on the internet.

    11. Re:smartness by Grishnakh · · Score: 1

      So you're saying that people who download movies, or smoke pot, or speed should be given sentences similar to those given to murderers?

      Currently, murderers can get away with less than 10 years of jail time. Rapists can get away with even less.

      I take exception to your argument: Even in Fascist America, you don't get a large jail term for possession of pot, unless it's a lot of it ("intent to distribute"). In fact, I don't think you get any jail time at all, though I may be mistaken. No one goes to jail for speeding; speeding is a good thing, which our government wants us to do. It generates a lot of revenue for municipal governments in the form of tickets. No one goes to jail for not paying their taxes. The IRS will send you warning letters, and eventually levy your property, but you won't go to jail unless you're in the mafia and that's all they could get you with. No one goes to jail for long for fights in a bar. Maybe a misdemeanor, and a few nights in jail and some community service. DUI doesn't even get you much of a sentence, if any, even though that's blatantly putting other people in danger.

      So I really don't see how your argument about there being lots of "nice people" in jail holds up at all. Generally, the people who go to prison for any serious length of time are there for something quite serious, usually involving violence or dealing drugs. (I also don't believe that someone dealing pot without any violence involved deserves to go to jail, but that's another argument altogether.) So the idea of putting file traders in prison at all completely disgusts me. It is absolutely excessive punishment. An appropriate punishment for even the most heinous BT/KaZaa user, IMO, is simply community service and maybe confiscation of their computer.

    12. Re:smartness by Stonehand · · Score: 1

      Reviewers generally don't perform unauthorized releases. Therefore, their impact is not normally actionable barring, say, libel. If a reviewer *did* libel a film, it'd be a safe bet that any measureable drop in sales would be seized upon for justification for a larger sanction.

      An unauthorized redistribution with potentially very significant damages, however, is a different kettle of fish. And damages do tend to get considered in civil suits, so they do matter.

      --
      Only the dead have seen the end of war.
    13. Re:smartness by swv3752 · · Score: 1

      No it is not the same. Otherwise there would be no copyright laws or copyright violations. It would just be Theft.

      Copyright violation can be seen as a prevention of generation fo revenue, while theft is a removal of generated revenue.

      Let's give an esample so you can better understand. If I go into a store and take a pack of cigarrettes without paying, I have committed theft. Now lets say instead I tell someone waiting in line to pay for cigs that they cause cancer and they will die if they smoke them, and the person puts away the cigs and leaves without buying anything; I have not committed a crime but the store owner was prevented from generating revenue.

      Now in US law, copyright and patents are granted to advance art and science. It is a recognition of peoples natural desire for compensation. It is a compromise though, as art and science are usefully advanced by having freely available work. Part of this compromise was that copyright matters were civil not criminal matters.

      If you take a look at patents, you see that they only last 20 years. You can reasonably expect to see most patents granted in your lifetime expire within your lifetime. Copyrights used to have short expiration dates. Look at all the various revisions of Romeo and Juliet that have been done of the years. Old works can be turned into new exciting works, when copyrights expire.

      --
      Just a Tuna in the Sea of Life
    14. Re:smartness by superpulpsicle · · Score: 1

      Hey that plot has been used. You got to put a twist to it.

      Criminal: What you in here for.

      Downloader: Downloading movie with bittorrent.

      Criminal: Bend Over! (In a Mike Tyson voice)

      Downloader: Wait, I'll teach you how to do it.

      Criminal: Great, I am getting out of jail in a few days. I used to be a windows 3.1 guru.

      Downloader: WTF.

    15. Re:smartness by iminplaya · · Score: 1

      4 years in prison?

      Yeah, anything over three is a bit excessive :-)

      Kinda a waste of jail space, I think.

      HA! What you call a waste of jail space, your favorite corporation calls an "employee". You need to check out just how profitable prison can be for the "right" people.

      --
      What?
  11. Very sane approach by jarich · · Score: 4, Insightful
    The article said that 600 people would get letters telling them to stop using the torrent software to upload illegal content.

    Sounds a lot better than getting sued for tens of thousands of dollars...

    1. Re:Very sane approach by bogie · · Score: 1

      I have to say that is the only fair approach. Considering every broadband commercial I see these days mentions the ability to "download music and movies" its only right to give them a warning first time. Mention just how bad the penalties are then the RIAA et all could go forward with suits knowing that they were being fair. Anyone who still downloads movies after being caught and warned about it doesn't have much of an excuse.

      But no of course they won't do that. They'll just toss you away and throw away the key. I wonder what percentage of people in jail will be there due to copyright issues by 2010? 10%? 15%? What was that story about the Prez's Ipod being filled with illegal music again?

      --
      If you wanna get rich, you know that payback is a bitch
  12. no way!! by flyingsquid · · Score: 5, Funny

    People are pirating entertainment in Southeast Asia?

    1. Re:no way!! by patio11 · · Score: 1

      At least they're not entertaining pirates in Southeast Asia. Oh, wait, they are.

  13. BT doesn't always mean BitTorrent by Anonymous Coward · · Score: 4, Funny

    Am I the only one who glanced at the headline and wondered why Hong Kong was cracking down on Blue Tooth users?

    1. Re:BT doesn't always mean BitTorrent by Anonymous Coward · · Score: 0

      I was wondering what China had against British Telecom customers.

    2. Re:BT doesn't always mean BitTorrent by Ironsides · · Score: 1

      I think it also apllies to British Telecom. We techies have way too many acronyms. I have had some interesting conversations at work when sorting out which one we mean. We also have some that sound similar VOD&VOB and NOC&MOC for starters. Phone conversations are fun too.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    3. Re:BT doesn't always mean BitTorrent by kaellinn18 · · Score: 1

      Being a Virginia Tech graduate, the first thing that popped into my mind was Blacksburg Transit, pretty much the best public bus system I've had the pleasure of riding.

      --

      --------
      This isn't the sig you're looking for. Move along.
    4. Re:BT doesn't always mean BitTorrent by tacokill · · Score: 1

      No, but I wondered why they were cracking down on British Telecom. Hong Kong / British Telecom. Seemed to make sense to me.

  14. How were the 6000 IPs selected anyway? by Anonymous Coward · · Score: 0

    It sounds like they just grabbed IPs out of thin air. Then again, they probably could. I mean downloading movies with BT is rather simple and hard to resist when you've got fast broadband. Still, it would be interesting to know how they came up with their numbers.

    1. Re:How were the 6000 IPs selected anyway? by Anonymous Coward · · Score: 0

      Anyone downloading from BitTorrent can see the IP of everyone else that's also downloading. That's a feature, not a bug. Otherwise you couldn't send packets to each other and, you know, share p2p. They just need to jump on an illegal torrent and they've got everyone else.

      Do not doubt that the FBI, MPAA, and RIAA have been doing the same thing for many moons now. They are not as dumb as /. takes them for. They're just trying to catch 'em all and scare the bejeezus out of everyone all at once.

  15. Legal download of copyrighted material. by iolaus · · Score: 2, Interesting

    Is there such a thing as legitimate download of copyrighted material? For instance, if I own a DVD, would I be within my rights to go and download a rip of that dvd? If so, doesn't it become very difficult for authorities to prove who is and is not violating copyright by downloading from services like Bit Torrent?

    --
    I find laziness to be an excellent motivator.
    1. Re:Legal download of copyrighted material. by yotto · · Score: 1

      The problem is, while you *may* have the right to download it, you don't have the right to distribute it, and there's no way to *just* download via bittorrent. You are violating the copyright by distributing it to random people out on the internet.

      Now, if you go to a website that has the rip and download it from there, I personally don't see you as a copyright violator (though the website you got it from, if they don't own the copright on the file, is one). My opinions don't mean anything, though, as I don't have a cache of lawyers waiting to sue anybody I can get their hands on.

    2. Re:Legal download of copyrighted material. by meester+fox · · Score: 2, Interesting

      That's a good point. I suppose it could be argued either way. I think if your copy was too beat up to play, that it would be within your right to go and download another copy of it. Though they would probably still get after you for it, it would (I think) be legal, since your just replacing a broken copy. "They" already got money from you for it.

      --
      http://www.6765656b.com it's the ~ for us geek's.
    3. Re:Legal download of copyrighted material. by Anonymous Coward · · Score: 0

      you smell funny! and so does your post!

    4. Re:Legal download of copyrighted material. by ShawnDoc · · Score: 2, Interesting

      Depends on the laws in your country. In the United States, the answer is no. When you buy a DVD, you have a liscense to the content on that DVD only. You are allowed to make a personal backup copy of the DVD, but that does not intitle you to make copies of other people's DVD's, or other people's version of the movie (VCD, VHS, Film, etc).

    5. Re:Legal download of copyrighted material. by Stonehand · · Score: 1

      Depends where you are, perhaps. In the United States, I'd say -- almost certainly not, for two main reasons:

      (1) The person offering it on BitTorrent is probably not authorized to distribute (or else you wouldn't be asking *shrug*) so you're risking accusations of contributory copyright infringement. The downloads don't happen by themselves, and it takes two to tango.

      (2) I don't think there's a positive right to a replacement by such means. You may have the right to make a backup of your own DVD's contents for archival purposes, subject to DMCA-related restrictions, but it's not a blanket right to get copies by any means that you see fit.

      Bear in mind that this story relates to China. There, it's whether the authorities bother to charge you that matters, not whether you're innocent or guilty. Proof of innocence is less important than having the luck to not be a pawn sacrificed to reduce China's image as an infringement-happy country.

      --
      Only the dead have seen the end of war.
    6. Re:Legal download of copyrighted material. by griffinn · · Score: 1

      there's no way to *just* download via bittorrent

      Problem is, how does a copyright holder prove that someone has uploaded as well as downloaded? BitTorrent clients can be configured into leech mode (though it's frowned upon).

      The copyright holder can of course establish the proof by downloading from whoever they're targeting. But then since the copyright holder already has rights to the movie (duh), there is nothing wrong in giving a copy of the movie back to him. It's difficult to prove that the user is infringing only by virtue of having a copy of the copyrighted material either, as the grandparent post explained.

      My original submission includes comments on the legal aspects but they got edited away. Well here it is:

      To prove that a user has committed copyright violation using a BitTorrent client, the copyright holder has to establish that the user actually has a file (or portion of it) that the copyright holder is entitled to. To achieve this, the copyright holder can either upload the file to the guy (entrapment), or download from the guy (the guy does nothing wrong in this case as explained above), or obtain the cooperation of the user's ISP to do massively intrusive monitoring.

      So how did they gather their evidence? Can the evidence stand in court? Was the evidence lawfully gathered? Is it possible to gather absolutely damning evidence only by lawful means? These are the questions we need to ask.

      (Obligatory IANAL goes here.)

    7. Re:Legal download of copyrighted material. by WarmBoota · · Score: 1

      Not only that, but if there are other nodes available, you only provided a portion of a copyrighted work - not even the whole thing. I'm not an expert on BitTorrent, but I don't think that the data you send to a peer even has to be contiguous.

      --
      90% of everything is crap. Also, crap is relative.
    8. Re:Legal download of copyrighted material. by Obfuscant · · Score: 1
      The initial question is: "Is there such a thing as legitimate download of copyrighted material?" The answer to that one is, of course, YES, of course there is. If you are reading this response, you've just downloaded the copyrighted material I just wrote.

      The example, however, is a different issue. The answer to that one is "NO, not in the USA." This issue has been in the courts, if I remember correctly, and that is why the service that used to allow people to store and download copies of music CD's they already own no longer exists. MP3.COM, I think it was. You could download ripped tracks after you proved you owned a copy of the CD .

    9. Re:Legal download of copyrighted material. by cpt+kangarooski · · Score: 2, Informative

      Is there such a thing as legitimate download of copyrighted material?

      Yes.

      For a copyrighted work, downloading it is legitimate if it is done 1) by the copyright holder, 2) with the authorization, express or implied, of the copyright holder, 3) in a manner that is not infringing pursuant to relevant law.

      For example, most of the content of this web page is copyrighted, but it's pretty certainly not illegal to download it, at least not to read it.

      For instance, if I own a DVD, would I be within my rights to go and download a rip of that dvd?

      Maybe. But likely not, and you'd want to be carful to just download, and not do something else in the process.

      If so, doesn't it become very difficult for authorities to prove who is and is not violating copyright by downloading from services like Bit Torrent?

      No. Usually it is extremely easy to successfully claim copyright infringement. Defendants in an infringement case have a very hard time. Plaintiffs have it pretty easy.

      Also, Bit Torrent downloads and uploads simultaneously, and these are two different kinds of infringement, and what serves as a justification or excuse for one might not for the other.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    10. Re:Legal download of copyrighted material. by yotto · · Score: 1

      As "information wants to be free" as I am, I'm uncomfortable, to say the least, finding a legal loophole to let me download copyrighted works that the copyright owner doesn't want me to download (or pload).

    11. Re:Legal download of copyrighted material. by cpt+kangarooski · · Score: 1

      Groups of lawyers are collectively known as a firm, not a cache. Horde is not inappropriate, however.

      Cf. to the John Adams line in '1776': I have come to the conclusion that one useless man is called a disgrace, that two are called a law firm, and that three or more are become a congress.

      Incidentally, it sounds to me like you have dangerously few lawyers working for you. You should probably retain more. ;)

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    12. Re:Legal download of copyrighted material. by cpt+kangarooski · · Score: 1

      The copyright holder can of course establish the proof by downloading from whoever they're targeting. But then since the copyright holder already has rights to the movie (duh), there is nothing wrong in giving a copy of the movie back to him. It's difficult to prove that the user is infringing only by virtue of having a copy of the copyrighted material either, as the grandparent post explained.

      I assure you, that line of argument will not work. If the copyright holder, in an effort to root out copyright infringers, downloads his work from you, you're in trouble.

      To achieve this, the copyright holder can either upload the file to the guy (entrapment)

      That's not entrapment. Entrapment is when someone makes you do something illegal that you otherwise would not have done. But if you're a downloader, you likely don't much care who you download from; if it wasn't the copyright holder (in disguise) it would just be someone else. As you'd do it anyway, you weren't entrapped.

      It's a lot like how it isn't entrapment for an undercover policeman to sell drugs to you. It's only entrapment if he makes you buy them, or puts a lot of pressure on you to buy them, and you would not have bought them from anyone otherwise.

      Your mistake is a pretty common one.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    13. Re:Legal download of copyrighted material. by calethix · · Score: 1

      "To achieve this, the copyright holder can either upload the file to the guy (entrapment), or download from the guy (the guy does nothing wrong in this case as explained above), or obtain the cooperation of the user's ISP to do massively intrusive monitoring."

      I may be wrong but I thought the issue was distributing the work without permission. So in your example, when the copyright holder uploads the file to the guy, he's done nothing wrong. The copyright holder is distributing their work. Whether they do it for free or collect money should be irrelevant.
      The problem is when they "download from the guy" because then he is redistributing their work without their permission. It doesn't matter if he's redistributing it back to them or his friend down the street.

    14. Re:Legal download of copyrighted material. by zuzulo · · Score: 1

      Incidentally, it sounds to me like you have dangerously few lawyers working for you. You should probably retain more. ;)

      If this isnt a slippery slope, i dont know what is. ;-)

      And you can only call your group of lawyers a firm if they all have a very *firm* set of debts owed to you. Otherwise they are more appropriately referred to as a *swarm* or as cpt kangarooski suggests a *horde*.

      Frankly, if i retained additional lawyers every time a potentially opposed individual did so, I would be broke, karmically indebted, and most likely dead or at least commercially defunct. The secret to success seems to be that when your opponent acquires a legal team with truly legendary skills, just make sure that the judge owes you more favors than he owes the opposing legal team, and that your lawyer is not quite stupid enough to let him forget it.

      Either way, you still end up paying far, far more than what would be reasonable, but at least this way you have the added advantage of laughing at your opponent as he pays his extraordinarily expensive legal team for the privledge of losing to you because you or your lawyer happen to play golf (substitute any other preferred activity like billiards, whoring, drug use, etc) with the judge on a regular basis and then finds he has to pay you the balance of the judgement on top of his (and your) generally exhorbitant legal costs.

      This kind of pleasure is one of the things in life it is impossible to overvalue, and at the same time it is impossible to make realistic estimates regarding the degree to which legal interactions in our society are guided by such precepts. ;-) Although i must say that federal judges seem to be slightly more refined than state or local jurists - interactions acquire a certain dignity frequently lacking in state and local jurisdictions and a consequental increase in pricing seems to be unavoidable.

      The foregoing is purely humor, based on a quirky, misrepresentative, and generally imaginary experience of the American system of jurisprudence, and should be treated as such.

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    15. Re:Legal download of copyrighted material. by _avs_007 · · Score: 1

      technically, you own the DVD, you don't have a license, becuase a license was not presented to you before purchase. There is already precedence for this, with adobe. It was determined that sales doctrine applies, because you cannot present a user with a license after purchase, which essentially negates the purchase agreement, and turns it into a lease agreement.

    16. Re:Legal download of copyrighted material. by Anonymous Coward · · Score: 0

      I you own the DVD and need a copy of it why would you download it.
      You obviously would have a DVD burner if you wished to enjoy the movie on anything other than a Monitor of some sort.
      If you have a DVD burner it's simpler and often faster to rip the movie yourself rather than download a rip that may be of questionable quality.
      I can see perhaps the need for TV shows that one forgot to tape or Tivo be distributed via BT, however DVD movies shouldn't be distributed in this way.

  16. Not inherently but mostly illegal by Anonymous Coward · · Score: 0
    It's not inherently illegal but it is used MOSTLY for illegal purposes.

    That's why all P2P is banned all over here. That includes private ISPs, corporations and government agencies and you know what? I think it makes perfect sense. Yeah, sure you could load a Linux distribution with a P2P application, but most people will simply use it to download the Britney Spears' latest CD thus committing a crime.

    1. Re:Not inherently but mostly illegal by Anonymous Coward · · Score: 0

      Errr some Linux distributions are going Bittorrent only

      Maybe something to think about

    2. Re:Not inherently but mostly illegal by Farmer+Tim · · Score: 1

      "...but most people will simply use it to download the Britney Spears' latest CD thus committing a crime."

      I can't see the injustice in prosecuting people for downloading Britney Spears' music: some things just need to be illegal.

      --
      Blank until /. makes another boneheaded UI decision.
  17. Rent a cop by Anonymous Coward · · Score: 3, Insightful

    Think of the state the world would be in if drug dealers could afford to buy legislation and law enforcement like the media cartels can?

    1. Re:Rent a cop by jimicus · · Score: 1

      The major drug barons probably can.

      However, it's probably not considered a good idea to write a letter to your local congressman saying "The Crack Cocaine Dealers Association of America would like to make a donation of $500,000 to your noble party".

    2. Re:Rent a cop by Anonymous Coward · · Score: 0

      Think of the state the world would be in if drug dealers could afford to buy legislation and law enforcement like the media cartels can?

      Apparantly you haven't heard about the recent Medicare Drug law. Welcome to today.

    3. Re:Rent a cop by nsayer · · Score: 1
      Think of the state the world would be in if drug dealers could afford to buy legislation and law enforcement like the media cartels can?

      You must be new here.

      Oh, and remember: legalization is exactly what the drug cartels don't want. Without a black market to skew prices, most illicit drugs would be quite inexpensive. Law enforcement for the drug cartels is like patents for software firms: a market force that is largely anti-competitive and can sometimes hit you with costly surprises (but not too often, so long as it's carefully managed).

    4. Re:Rent a cop by Anonymous Coward · · Score: 0

      They already do.

      They're called pharmaceutical companies tho'.

    5. Re:Rent a cop by Farmer+Tim · · Score: 1

      What do you think funded the British Empire?

      --
      Blank until /. makes another boneheaded UI decision.
    6. Re:Rent a cop by aztracker1 · · Score: 1

      Dunno, my fiance takes Immatrex(sp) for migranes, I think the drug dealers do have deals with the gov't on things like this (something like $15-20 per pill)

      --
      Michael J. Ryan - tracker1.info
    7. Re:Rent a cop by iminplaya · · Score: 1

      Think of the state the world would be in...

      No thinking required. We're already living in it.

      --
      What?
    8. Re:Rent a cop by jasonjacks0n · · Score: 1
      Think of the state the world would be in if drug dealers could afford to buy legislation and law enforcement like the media cartels can?

      Very, very high? ;-)

      --
      This space intentionally left blank.
  18. Poor Chan by digitaldc · · Score: 5, Funny

    So sad, I wonder if there was another reason for arresting this man?
    He should have done what everyone else does in China, just go to the local street market and buy the pirated copy.
    They should also reduce the sentence due to the bad selection of movies he made (Daredevil, Red Planet, Miss Congeniality), he deserves no more than a slap on the wrist and good movie guide.

    --
    He who knows best knows how little he knows. - Thomas Jefferson
    1. Re:Poor Chan by Anonymous Coward · · Score: 0

      If he's downloading Daredevil, Red Planet & Miss Congeniality, he deserves hard time, for the heinous crime of bad taste.

    2. Re:Poor Chan by ehiris · · Score: 1

      "So sad, I wonder if there was another reason for arresting this man?"

      Propaganda.

  19. Lucky Random Winner by 9mm+Censor · · Score: 3, Insightful

    There is something seriously wrong when your "randomly" select someone to be legally procecuded.

    Do they get a group of murders and randomly select which one is going to have a trail, and let the rest of scott free?

    1. Re:Lucky Random Winner by Stonehand · · Score: 1

      It looks like it's an industry group doing the random selection, not the authorities. Well, they may be the same if it's a state-owned or influenced enterprise, but I'm not assuming that. *shrug*

      The industry group is under no obligation to be remotely fair in who it sues, I would think. And, if it can get a similar effect (scaring a certain fraction of the intended audience) while paying its attorneys for fewer hours on fewer defendants, it would make financial sense to do so.

      --
      Only the dead have seen the end of war.
    2. Re:Lucky Random Winner by Anonymous Coward · · Score: 0


      "The industry group is under no obligation to be remotely fair in who it sues, I would think."

      There must be some limitations.

      If you have a situation where your rights are being infringed by people of many ethnic groups and religions, but you only prosecute blacks or jews, you're going to have some problems sooner or later.

    3. Re:Lucky Random Winner by Anonymous Coward · · Score: 0

      worked for Barabbas, didnt' it?

  20. How does this related to patents? by Anonymous Coward · · Score: 0

    Why using Patent Pending logo on this article? Does that mean BT is patented?

  21. In Hong Kong... by j!mmy+v. · · Score: 0, Redundant

    ...Internet logs on to YOU!

    /just when I got positive karma

    --
    -- often wrong; never in doubt
  22. It's like an anti-lottery! by ElAurian · · Score: 1

    "Okay, we've chucked 6000 names in a barrel, let's pull one out. Remember, the prize is four years in prison and a huge fine! Henry Wong, you're our first winner!"

    "Woohoo! I win! Wait..."

  23. Re:So... this is China sucking up to US Senators? by MissingIntellect · · Score: 2, Informative

    Although Hong Kong is now technically under the control of China, it is not a part of China. If you've seen the term SAR, it's an acronym for Special Administrative Republic. (One country, two systems) In all reality Hong Kong basically just an independent state. So China != Hong Kong.

  24. Considering... by MissingIntellect · · Score: 1

    Considering the fine for spitting is something like 15,000 Hong Kong dollars (I forget, it's been a while since I was there) 50,000 is really nothing.

    1. Re:Considering... by Evil_Timmy · · Score: 2, Insightful

      Heh, yes, you do forget. The fine for spitting, littering, and not cleaning up after your dogs is a fixed HK$1500 (~US$192, ~EUR$150). Basically, it's public nuisance stuff. Smoking-in-prohibited-places fines are worse, up to HK$5000. HK$50,000 isn't really pocket change, unless you've got $100mil++ sitting in the bank. And jail time is no fun for anyone. I'm a BT user in Hong Kong, and I've stuck to private sites for anything that's had ligigation filed against people who up/downed it for a long time. They're faster than public sites, and at the ones I frequent, you get pure scene releases, including repacks and propers. Now we just need more people using I2P/Tor (included with the latest betas of Azureus) for true anonymous BT usage and we should see better speeds overall and no more snooping on what data gets sent.

    2. Re:Considering... by TerminaMorte · · Score: 1

      I agree, in theory.

      Using Tor just doesn't seem very feasable for the amount of bandwith that would be used.

      If anyone doesn't know what Tor is, http://tor.eff.org/

  25. Why is everything so extreme? by RayDude · · Score: 5, Insightful

    Its obvious that stealing music is wrong. Just as software pirating is wrong, stealing TV is wrong, stealing movies is wrong, etc etc etc.

    But the question I always ask myself when I hear about the RIAA and the MPAA suing individuals is, "What good can come from this?"

    And the answer is obviously, "Nothing good can come from this."

    Suing customers isn't going to help. Most people who steal media do so for the fun of it. Many are just collectors who would most likely not purchase the media if they couldn't steal it.

    Are the lawsuits preventing the piracy? I don't think so. I think they are just driving the piracy deeper underground.

    Are the lawsuits pissing off people? Just read slashdot, of course they are.

    I think corporate America's whole tack on DRM is completely out of whack. Instead of attacking perspective customers, they should be trying to win their money by providing product that is more compelling than the free copy by being less expensive and easier to get than the illegal stuff.

    Instead of being control freaks, trying to control all the people in America to prevent loss of money, they should focus on improving content and find ways lower the cost of digital media distrobution to the point that stealing isn't as fun anymore. Everyone has a different "fun" threshold and for many, releasing tunes for 33 cents or 50 cents a piece would remove the fun of trying to get a decent download.

    And that's my main point. Its fun to get something for practically nothing and to collect a massive music collection on the cheap. And that's why people do it, for the fun of it. If Joe P2Per has 2 million mp3s on his music server, how often does he get to hear each and every one of them? Not very often. He sticks to the songs he really likes, and I'll bet he's got those on CD, because he wants to support the bands he likes because he wants them to succeed.

    I think RIAA and MPAA need to step back and re-analyze the situation. I think they're going down the wrong path and they need to stop.

    Raydude

    1. Re:Why is everything so extreme? by Anonymous Coward · · Score: 0

      I always wondered if the MPAA could sell Divx copies of movies for about US$3-$5 ... or maybe charge downloaders by MB of data transferred a la allofmp3.com . Or maybe they could even offer DVD ISOs for download. The possibilities are endless. It's just a question of will.

    2. Re:Why is everything so extreme? by Anonymous Coward · · Score: 0

      Its obvious that stealing music is wrong.

      This is neither wrong nor stealing.

    3. Re:Why is everything so extreme? by my_haz · · Score: 0

      This is more or less what the rest of the buisness comunity is saying.

      A better product or a better price; not pissing of the average consumer is what needs to be done. What seems particularly odd to me about the music/movie optical media pricing sceam is that a great number of times the most popular of the products (thus the ones that are produced in the greatest abundance) are generally the most expensive. In addition the markerters are marketing music cd's (and performers) with only one or two good songs per album. This encourages people to download the two good songs as apposed to paying the ~20USD for the two good songs and the filler. Find artists that can create entire albums not just one or two good songs.

    4. Re:Why is everything so extreme? by fishbowl · · Score: 1

      "Its obvious that stealing music is wrong"

      It's not obvious to everyone. The line between "stealing" and "just listening" is pretty fuzzy actually. It can be quite difficult to explain to some people the difference between Radio, Television, Internet Radio, and P2P.

      In fact, I'm not really sure I see the differences all that clearly myself.

      --
      -fb Everything not expressly forbidden is now mandatory.
    5. Re:Why is everything so extreme? by jimicus · · Score: 3, Insightful

      Playing devil's advocate here, but...

      Its obvious that stealing music is wrong.

      Firstly, it's not stealing, it's copyright infringement. Unless you refer specifically to "going into a record shop and walking out with a bag full of CDs you didn't pay for".

      Secondly, how is copyright infringment "obviously" wrong? What if you buy the CD and go to a few concerts on the strength of what you pirated? Is it wrong then? What if you use it purely as a "try-before-you-buy" mechanism - deleting what you don't like and buying what you do. Technically it's still piracy, but is it wrong?

      And the answer is obviously, "Nothing good can come from this."

      Again, how is this obvious? Two major groups of people are likely to come out of all this:
      1. People get pissed off at the entire record industry and instead support independent artists and labels such as magnatune.
      2. People get scared to pirate music, knowing full well that it's legally wrong and ethically dubious, and instead decide to buy their music through legitimate channels.

      Slashdot and similar sites tend to be swarming with people who belong to group 1. The record industry is banking on the majority of people belonging to group 2.

    6. Re:Why is everything so extreme? by Anonymous Coward · · Score: 2, Insightful
      Its obvious that stealing music is wrong.

      Indeed, if you mean stealing CDs or vinyl albums. It's equally obvious that piracy is not stealing, but copyright infringement. I can't see how copyright infringement is "obviously wrong", since there are smart people who argue for abolition of copyrights.

    7. Re:Why is everything so extreme? by Anonymous Coward · · Score: 0

      Its obvious that stealing music is wrong. Just as software pirating is wrong, stealing TV is wrong, stealing movies is wrong, etc etc etc.

      It is? Isn't that "extreme" position exactly what got us into this situation in the first place??

      Regardless of where you stand on the issue, you must realize one thing: the copying movies, software, TV shows, or music *is never going to be stopped*. It is simply impossible.

      So either we have a revolution and get rid of copyright law, or we convince content creators to use licenses that allow the behavior. No other outcome will solve the problem.

    8. Re:Why is everything so extreme? by KillShill · · Score: 1

      stealing intangible, infinitely copyable things is never wrong.

      --
      Science : Proprietary , Knowledge : Open Source
    9. Re:Why is everything so extreme? by Xtifr · · Score: 1

      Firstly, it's not stealing

      STOP SAYING THAT! It's as annoying as those people who insist on made-up gender-neutral pronouns liks "hesh". Stealing is NOT defined as depriving someone of their property. You can (for example) steal ideas, and it's not even illegal (as long as the ideas aren't patented, and you don't engage in illegal behavior to obtain the ideas).

      If you really want to get through to these people, stop trying to redefine the language to fit your own agenda. There's nothing people find more annoying, nor more likely to get you ignored as a troll or fanatic than to tell people that words don't "really" mean what they know they mean!

      Instead, point out that stealing is not necessarily wrong or illegal. Point out that copyright infringement is a form of stealing that in many ways more closely resembles the stealing of ideas (perfectly legal, and even socially acceptable if you give proper credit) than it does the stealing of physical property. And most of all, stop trying to pretend that this is a simple, cut-and-dried matter. That's what the other side would like us to believe. It is not a simple, cut-and-dried matter, and I think we're best served by pointing that out.

      That said, I do like your point about the two groups of people likely to come out of this. That's an excellent argument, and you should definitely keep it in your arsenal. In fact, I may steal it myself! :)

      cheers

    10. Re:Why is everything so extreme? by jimicus · · Score: 1

      STOP SAYING THAT! It's as annoying as those people who insist on made-up gender-neutral pronouns liks "hesh". Stealing is NOT defined as depriving someone of their property.

      In colloquial terms, you're correct. But in legal terms, the two are quite different.

      In any event, the net result is much the same - depriving someone of something that is rightfully theirs. The only real difference is that in the strict "walked off without paying" scenario, it's easy to see what's missing and easy to work out how much money the victim is owed. In the copyright infringement scenario, that's a lot harder.

  26. TROLL! Can the MODS actually CHECK the claim? by Anonymous Coward · · Score: 0, Troll

    - greps article for the string "600"
    - finds nothing

  27. Breaking the law. by ajaf · · Score: 1

    It's incredible how a normal person can break the law with a software.. and be caught.
    A lot of people doesn't think that sharing files using a p2p program is illegal.
    They just treat software, music and movies as normal data, not copyrighted "data".

    --
    ajf
  28. Re:So... this is China sucking up to US Senators? by Anonymous Coward · · Score: 1, Insightful

    OMFG, you actually drink the kool aid!

  29. Probable cause by RealProgrammer · · Score: 3, Insightful

    I regularly go to the houses of friends and relatives to help them with their computer problems.

    Typically, during the course of unfouling the mess I find, there are several gigabytes of movies, music, software, and other files in directories made by various malware programs. I uninstall the software and delete the files.

    Just because a movie was uploaded from a particular computer, it doesn't mean the user knew about it. It takes a person of greater expertise than is common among end users to discover the problem (even though the average user notices lower performance, that's not the same as knowing that the machine is hosting a "Spiderman 2" torrent).

    If you don't know that you are doing something, you shouldn't be held accountable for it. There are various levels of "knowing" something in a legal sense: knowing of the problem, knowing the problem *could* occur, knowing with certitude, etc.

    The standard (in the U.S., anyway) is that the user must know that a program is on his computer that will transfer files illegally. He doesn't have to put the software there knowingly, put the unlicensed material there, nor actively initiate the illegal transfer itself. If and only if he knows the facility for the illegal transfer exists and he fails to stop it is he liable when the transfer happens.

    It's like this: suppose you have a dog that never bites anyone and has never left his yard. If someone else comes along to give your dog PCP, you aren't liable when your dog goes nuts. If you know that the dog has gotten the PCP, you are liable whether you are present when the dog goes nuts or not.

    O'course, that's just the theory; you still may be stuck proving your innocence, either with a drugged-up dog or a mal-P2P-infected PC.

    --
    sigs, as if you care.
    1. Re:Probable cause by Anonymous Coward · · Score: 0
      You regularly find gigabytes of media - including movies - that the owners know nothing about on hard drives?

      I see why your friends call you to fix things. When I worked in a retail PC shop just before the Win95 era people would come in with computers full of porn that they "had no idea" where it all came from either. The difference is that we only pretended to believe them.

    2. Re:Probable cause by nikai · · Score: 1

      If you don't know that you are doing something, you shouldn't be held accountable for it. There are various levels of "knowing" something in a legal sense: knowing of the problem, knowing the problem *could* occur, knowing with certitude, etc.

      Why, of course you should be held accountable for what you're doing. Ignorance is no excuse at all. If you're inapt to run a networked computer, to a degree that you're causing damage to others, you're by all means responsible for the damage you cause. Who else should be responsible?

    3. Re:Probable cause by MikeBabcock · · Score: 1

      You identified an issue in american culture that may or may not be at the root of the problem -- that someone must in fact be responsible.

      Sometimes, its nobody's fault, not in a legal sense.

      Sometimes, you just have to suck it up and move on.

      That applies to you, it applies to the MPAA, it applies to the president.

      There are people breaking the law, I understand that, and there are people whose warehouses are used for illegal drug trafficking without their knowledge.

      Ignorance of the law is not a defence, but that applies to knowing that something was illegal, not knowing that you did it.

      If in fact you had no knowledge that you were doing something (which isn't possible in normal terms, but it is if you've got mental problems -- or with a computer), that's different.

      --
      - Michael T. Babcock (Yes, I blog)
  30. bt != priacy && rar != piracy by Anonymous Coward · · Score: 2, Interesting

    but in some people's eyes, all p2p is priacy... when i worked at a (then) major isp (think #5) our free web hosting brands both cracked down on ANYONE using rar to archive files... they thought it was only used for piracy.

    i found this out when i uploaded my collection of starcraft maps to my starcraft page (rar gave me 25% better compression than zip) and i was promptly closed down.

    1. Re:bt != priacy && rar != piracy by JeffTL · · Score: 1

      To me, piracy is still the hijjacking of ships and the kidnaping and/or killing of the crew.

      Which is what they are basically prosecuting copyright infringement as, if it's 4 years per count in Chinese prison.

    2. Re:bt != priacy && rar != piracy by os2fan · · Score: 1
      You can get comparable compression out of zip, if first you archive it without compression, and then compress the archive.

      On the other hand, things like yahoo won't even let you upload a .rar, so that's my work-around for it.

      --
      OS/2 - because choice is a terrible thing to waste.
    3. Re:bt != priacy && rar != piracy by KillShill · · Score: 1

      apparently you are not bright enough to rename the files with instructions for the clueless to rename them back when decompressing them.

      --
      Science : Proprietary , Knowledge : Open Source
  31. Legitimate uses of BitTorrent? by Molly+Lipton · · Score: 0

    I suppose BitTorrent can be used for legitimate purposes. For example, I've heard of people serving homemade videofiles and to hundreds of people without using much bandwidth of their own using BitTorrent. On the other hand, the vast majority of traffic generated by BitTorrent users is trafficking of copyright-protected content, i.e. IP Theft.

    I think a better analogy is the opium trade in Imperial China. Sure, opium has some legitimate medical uses, but the government found that the the effect was largely negative and that it was used for illegitimate purposes in nearly all cases.

    Maybe the right way to deal with BitTorrent and similar technologies is some sort of regulation structure, similar to the FDA and other food and drug regulating bodies in other countries.

    --


    -- Molly Lipton, Born Again Technologist.
    1. Re:Legitimate uses of BitTorrent? by Anonymous Coward · · Score: 0

      The right of the individual to own and use technologies with legitimate uses should not be trumped by the damage it does to the content idustry's revenue.

      And the prohibition of substances like opium is more ridiculous, IMO. If someone wants smoke opium they should be allowed. It's the individual's right to hurt themself. Even if it was right to limit opium use for some greater good, prohibition doesn't work towards any reasonable greater good. It has a negative effect, just like prohibition of alcohol did.

    2. Re:Legitimate uses of BitTorrent? by XMyth · · Score: 1

      BitTorrent is easily the most legitimately used P2P software out there. Easily.

      See any linux distros on Kazaa?

    3. Re:Legitimate uses of BitTorrent? by Pofy · · Score: 1

      > i.e. IP Theft.

      Cool, are you saying they stole the copyright so that the original holders no longer has the copyright??? WHat a novell way to use BitTorrent! I will try to steal some Microsoft copyright and patents later today!

  32. BT users? by jb.hl.com · · Score: 1

    I didn't know BT still did service in Hong Kong, I'd have thought it was provided by the Chinese...

    Oh, you mean BitTorrent.

    Fuck.

    --
    By summer it was all gone...now shesmovedon. --
  33. P2P is going down by Anonymous Coward · · Score: 0
    Something to think about, yes.

    Maybe the people distributing those distros should choose another, less controversial media.

    Face it. "There is SOME legal traffic there" is never, ever going to cut it. P2P is going down because most of the traffic is illegal.

  34. Seriously.. what the hell is wrong with the world by darkmayo · · Score: 1

    It seems everyday some crap like this comes up, 4 years in a chinese prison, HOT DAMN. Then there is the bill that Dubya signed into law.. up to 3 years on that one..

    IP laws, DMCA, RIAA, MPAA, levies and taxes on recordable media, jail time, huge fines???
    Man we are on the slope right now.. and it seems to be near frictionless I just want to know where did this BS start and who to shoot in the face, if I go to jail who cares, I'll be bunkin with a guy who uploaded Spiderman 2.

    --
    "I am a kernel in the linux army"
  35. Cruel by akeyes · · Score: 2, Insightful

    So, last week, we get an article about Hong Kong and gig sized pipes to residents, now they are going after the file sharers.

    I have no comment.

  36. Dongers by lousyd · · Score: 0, Troll
    a fine of 50,000 Hong Kong dollars

    They're called "dongers". That's what my Chief Of the Boat told me.

    --
    If aspiration is a virtue, achievement cannot be a vice.
    1. Re:Dongers by Anonymous Coward · · Score: 0

      No, they're Kongbucks! Get it right!

  37. Re:So... this is China sucking up to US Senators? by MissingIntellect · · Score: 0, Troll

    Sigh...I know it was a troll, but I still thought it was something worth pointing out. Stupid trolls.

  38. How many uploads?? by t_allardyce · · Score: 1

    These scare tactics seem to be working on some level, but its pretty clear that (copyright) file-sharing will evolve back (de-evolve?) to close-nit networks on IM/IRC but with lesions learnt from P2P - the next generation of file sharing apps will be orientated so that you share with friends and friends of friends, kinda like basic file-transfers on say AIM but more sophisticated, and kinda like Kazaa but less random these networks will be far harder for the RIAA etc to infiltrate but will probably result in less traffic overall.

    How do they actually measure how many films someone has 'uploaded' with bittorrent? since you usually upload only small chunks to many people you might have helped 1000 people get a file but in fact only uploaded a few MB, you may have uploaded 100% of the file to 100 people or 1% of the file to 100 people. Obviously the MPIA want to use the higher statistic to get more money, but how do they do it?

    --
    This comment does not represent the views or opinions of the user.
    1. Re:How many uploads?? by Farmer+Tim · · Score: 1

      The actual law covers both whole and partial reproduction of copyright works, so each partial upload adds 1 offence to the official tally.

      --
      Blank until /. makes another boneheaded UI decision.
  39. I don't get it by eamonman · · Score: 2, Interesting

    Is their gov't doing this because the torrenters are infringing upon the hundreds of those hard-working $1-a-dvd companies? I mean, those companies go out of their way to make their DVDs Region Free, show off their creative subtitling skills (for Anime (Jpn->Cat->Eng)), and put them in nice little sleeves instead of those overly inefficient cases we're used to. Because we sure need those companies. ;)

    --
    0- Eamonman Proud member of DNRC
  40. Patent pending logo... by Anonymous Coward · · Score: 0

    Not to be a patent pedant, but what the hell has this to do with patent topic?

  41. Pirating is not all bad by rAiNsT0rm · · Score: 1

    Coming from a fairly poor economic background and having to save with my parents for my first dx2/66 MHz computer (~$2500.00) I never would have achieved what I have had it not been for Warez, etc. I was able to try different software, graphics apps, web design, programming languages, games, system utils and apps, etc. I was able to teach myself such a broad base of skills that later propelled me into a degree and to work in the IT field. Plus learning the technology, terms, etc. just to be able to find and download things was invaluable to learning about compression algorithms, file formats and more.

    MP3 and DVD's don't have the ability to teach as much but there is still value in it. Downloading massive amounts of content and selling it is WRONG, and no one can argue that however the poor kid who has no other way to break into computing (which is a huge amount of geeks I know) should not be sitting in jail with a $60,000+ fine because he wanted to learn Photoshop, or Dreamweaver. This is all getting a bit out of hand.

    --
    http://teasphere.wordpress.com - A little spot of tea
    1. Re:Pirating is not all bad by Ziviyr · · Score: 1

      however the poor kid who has no other way to break into computing (which is a huge amount of geeks I know) should not be sitting in jail with a $60,000+ fine because he wanted to learn Photoshop, or Dreamweaver. This is all getting a bit out of hand.

      Indeed, Adobe and all should advertise the fact that there are comparable free programs out there!

      --

      Someone set us up the bomb, so shine we are!
    2. Re:Pirating is not all bad by Anonymous Coward · · Score: 0

      "I never would have achieved what I have had it not been for Warez, etc."

      I never would have achieved what I have had it not been for the protection of the Gambino Family, and all the opportunities that the Don has given men.

    3. Re:Pirating is not all bad by MooCows · · Score: 1

      All I can say to this is: "Tell that to the shareholders."
      A lax stance on infringement is bad for share value, apparently.

      --
      The path I walk alone is endlessly long.
      30 minutes by bike, 15 by bus.
    4. Re:Pirating is not all bad by KillShill · · Score: 1

      since we all know he would have paid 600+ bucks for each program, then we can assume it was a financial loss.

      please adobe, inform your potentially broke pseudo-customers of the wonderful free alternatives.

      --
      Science : Proprietary , Knowledge : Open Source
    5. Re:Pirating is not all bad by Anonymous Coward · · Score: 0

      please adobe, inform your potentially broke pseudo-customers of the wonderful free alternatives.

      Really, the companies would stop loosing money if everyone switched to alternatives!

  42. Oh, that's just EVIL... by Eyeball97 · · Score: 2, Insightful
    Give them all gigabit ethernet

    And then take away their torrent access...

    Is this what they call "Chinese Torture"?

  43. Re:So... this is China sucking up to US Senators? by Trigun · · Score: 2, Funny

    Personally, if that was the upper limit of the punishment, I'd go for the caning over three years in prison. Hell, I'd set up weekly appointments for canings just so I can keep torrenting. (yes, I just verbed that word. Grammar Nazis ho!)

  44. Just 6,900,400 more to go. by Anonymous Coward · · Score: 1, Interesting
    They'll have this all cleared up in no time now. Yeah right.

    A few hundred thousand more arrests wouldn't even be one percent of the poplulation of the place and it's just one city. Despite being huge, it's not even among the top three of the largest in China. Old media interests can get as ugly as they want. The simple fact is that copyright laws are unenforceable on the Net if for no other reason than because of the demographics.

    As of 1990 just the largest hundred cites in China have a larger population than the entire US. Just the top ten had over fifty million people and that was fifteen years ago. It would literally bankrupt the country to apply the law to the numbers of people who are currently violating these laws. Prison labor isn't cheap compared to what they already have when you factor in the cost of the guards and the room and board. The scare tactics can only continue for so long because it is, in fact, a bluff. This is obvious according to the numbers.

  45. I was like, wow! by Anonymous Coward · · Score: 0

    Who doesn't like Big Tits?

    for reals.

    yo.

    heh.

  46. Re:So... this is China sucking up to US Senators? by Anonymous Coward · · Score: 2, Funny

    Hell, I'd set up weekly appointments for canings just so I can keep torrenting.

    Go ahead and admit it. You're not really interested in the torrents, are you?

  47. Re:So... this is China sucking up to US Senators? by Anonymous Coward · · Score: 1, Insightful

    So China != Hong Kong.

    Are you sure? When we say China != Taiwan, they throw a fit.

  48. Daredevil, Red Planet and Miss Congeniality by Anonymous Coward · · Score: 1, Funny

    Spreading this crap is more deserving of a littering charge than piracy.

    1. Re:Daredevil, Red Planet and Miss Congeniality by grolschie · · Score: 1

      Red Planet? <embed src="Nelson_Muntz_saying_HaHa".wav>

    2. Re:Daredevil, Red Planet and Miss Congeniality by Farmer+Tim · · Score: 1

      Careful what you ask for, littering has quite a serious penalty in HK.

      --
      Blank until /. makes another boneheaded UI decision.
  49. the future by salparadyse · · Score: 1

    They won't stop until no one can download anything except from registered (probably subscription based) sources. EVERY currently "free/anonymous" channel will be busted and busted and harrassed and threatened and it's users prosecuted under outrageously restricitve legislation until there's only sanctioned channels left. The future is dark.

    1. Re:the future by larytet · · Score: 1
      "The future is dark."

      Install WiFi and open access to everybody. Start campaign encouraging people to open access to their WiFi access points.

      small community can deploy own LAN.

      Establish non-profit organization helping small communities with technical advise and support.

      In LAN you can spoof IP source.

      from http://www.integrityp2p.com/portal/forums/newreply .php?do=newreply&p=74745
      The strategy should be establishing small communities with private networks, where nodes can spoof, because this is a private network. Different communities are interconnected using satelite Internet, dialup or any other link and any network supporting strong encryption. Existing code in Rodi does not provide encryption, but it will in the future. Meanwhile networks like Mute or Tor can serve the purpose. In this setup adversary can (not without significant effort) find out community's gateway. At that point investigation will be over. In the US today even under Patriotic Act you can't get search warrant for 100 houses based on the evidence that somebody in the LAN spoofs IP. Such community network typically is a non-profit organization living from donations or small subscription fee. P2P can use different tactics to slow down the process of reshaping of the Internet into controllable massmedia for commons. I think about Rodi as a tactical maneuver which is purported to make implementation statefull packet filtering more costly than some predict(ed)

    2. Re:the future by KillShill · · Score: 1

      thats why they are heavily invested in Treacherous computing and the only reason to use it (DRM).

      the fact that the TPM's key is NEVER EVER NEVER EVER revealed to the owner (the buyer, which is you) can only mean one thing: its one and only use is DRM and nothing else despite all the bullshit they spew.

      if they were truly and honestly interested in the so called "security", then giving the option of knowing the secret key would be allowed.

      thats all i need to know.

      and the !only! effective means of fighting this is in by no way technological.

      only by letting everyone and their dog know about Treacherous computing can we even hope to undo its evil influence.

      --
      Science : Proprietary , Knowledge : Open Source
  50. You need enforcement by DreadPiratePizz · · Score: 1

    Good DOES come out of it. What sense is there having a law if it's not going to be enforced? I highly doubt those convicted are going to download illegal files with bittorrent again. Friends and family would get the message as well. It's certainly happening here at RIT, one of the subpoenaed schools. Even though only 25 were given subpoena letters, many many more have stopped downloading.

  51. The MPIA is too late! by Anonymous Coward · · Score: 0
  52. How is Bit Torrent involved? by Junior+Samples · · Score: 2

    The article stated that he uploaded 3 movies to a web site. What does this have to do with bit torrent?

    1. Re:How is Bit Torrent involved? by Anonymous Coward · · Score: 0
      Guessing, but he probably SEEDED 3 movies on a torrent site.

      Either that or it's nothing to do with bittorrent but an ignorant press so eager to snap up every bit of shite the **AA decide to put out and calling it bittorrent.

  53. stupid by Anonymous Coward · · Score: 0

    when bittorrent die, other "bittorrent" appears!

    1. Re:stupid by Anonymous Coward · · Score: 0

      And the fines for copyright infringement continues!

  54. Ok well... by jrushton · · Score: 0

    lets look at that another way.

    If I've got a car and I dont know much about how it works, and so I dont maintain it and over time it becomes unroadworthy. If I go and drive my car on the roads, and because I didnt maintain it and make sure it was roadworthy, I get in an accident. That's my fault isn't it?

    Going back to the computers. If the user doesnt protect themself and secure their computer. Say it's compromised and shares illegal files with other people. That's their fault.

    Here's another one. Say I've got a gun and I don't know how to act responsibly with it. I go wandering round with the gun, and it goes off and shoots someone. Again, that would be my fault.

    What I'm getting at here is that it's THEIR responsiblity to look after THEIR computer and make sure it isn't offering up illegal files on the internet.

    Now that might sound harsh. I mean, they're just users right? Well no. No-one is forcing them to have a computer. They can just not use one. Not learning about their computer sufficiently to keep it from landing them in trouble with the authorities IS their problem and its THEIR fault that happened. After all, you need a license to drive a car.

  55. Come on! by jrushton · · Score: 1

    BTs appalling sevice and lack of decent internet would go hand in hand with the Chineese governments oppression and censorship!

  56. truth be told . . . by Phil+Urich · · Score: 3, Insightful

    China isn't quite so communist anymore (well, of course, they were never really "communist" just non-capitalist and authoritarian, but that's pretty much been what passes for communism in the actual world). They've been moving bits and pieces towards a free-ish market (ie. free but still can be subject to every whim of the government if they felt like it) for quite some time now, and of course Hong Kong, where this occurred, only returned to Chinese hands recently in history (1997), so we have the legacy of British corporate freedoms to blame for this kind of incident for the most part . . . but what they hell, easier to blame China.

    Actually, come to think of it, China gets the best of both worlds. Since the government is all-powerful but lets corporations operate, people get to be oppressed by the Dictatorship Of The We're-Proletariat-We-Swear, AND by the Corporate Pig Dog Capitalists! So when people ask for freedoms they can be persecuted as bourgeois swine, and when they steal movies they can be likewise persecuted for being dirty communists. Brilliant!

    --
    I remember sigs. Oh, a simpler time!
    1. Re:truth be told . . . by Taladar · · Score: 5, Insightful
      free but still can be subject to every whim of the government if they felt like it
      And that differs from the US-model in what way...?
  57. Tracking BT? by Valiss · · Score: 1

    I thought the lure of BT was that people couldn't track what you were downloading, in the respect that what I download is a .torrent file, not a .mpg/mp3/whatever. So how can they say these people have the files when all they downloaded was a torrent?

    --

    -Valiss
    1. Re:Tracking BT? by SerialEx13 · · Score: 2, Informative

      It's the part where you use the torrent file to connect to a tracker to download the contents from other users. All they have to do is get a listing of users who are uploading/downloading the file from the tracker.

      It should be noted that torrents offer some of the worst privacy amongst p2p applications since there is nothing preventing a person from seeing who is uploading and downloading a particular file. With the exception of registration agreements and sometimes needing to have the torrent first -- minor problems.

    2. Re:Tracking BT? by Farmer+Tim · · Score: 1

      "So how can they say these people have the files when all they downloaded was a torrent?"

      You're confusing the container with the content. A torrent isn't the same container as the original MPEG file, but it has the same content: a torrent of Spiderman 2 contains exactly the same movie as the MPEG, the bits just happen to be arranged differently. Stop thinking in terms of file formats and consider of what reaches the human brain (and no, minor distortions like macroblocking are not considered significant changes, nor are changes in frame rate, image size or playback codec).

      To use a poor analogy, it's like saying that stealing* $20 isn't really stealing $20 if it's folded into quarters in an envelope rather than flat in a wallet. The point is that the container doesn't change the legality of the act, its a question of whether you're legally entitled to the $20.

      And as for not being able to track downloads, that's almost laughable. Think about it: if you can find torrents then its highly probable that others can; just work forward from there, throwing in a few ISPs that "know what's good for them" along the way...

      *Yes, I know file sharing isn't stealing, blah, blah, whatever, yawn, the crime chosen isn't the bit of the analogy that's important.

      --
      Blank until /. makes another boneheaded UI decision.
    3. Re:Tracking BT? by tepples · · Score: 1

      A torrent isn't the same container as the original MPEG file, but it has the same content

      A .torrent file is just an HTTP URL of a tracker followed by hashes of each chunk of a file. The URL is useless on a computer that is not connected to the public Internet, and it is impossible to reconstruct a file from hashes. Can you give any links to evidence of your view?

    4. Re:Tracking BT? by Farmer+Tim · · Score: 1

      Perhaps I have a misunderstanding of what a torrent file actually is (and I'm happy admit I'm wrong, since I don't actually use the software myself and haven't looked at a torrent in a hex editor). Taking your word as gospel, a torrent isn't the same content, it's merely a method of verifying the identity of a linked file fragment, so it's no more infringement than a website linking to an instance of a work (and they never get taken down, do they?).

      That said, I was responding to Valiss' comment:

      "...in the respect that what I download is a .torrent file, not a .mpg/mp3/whatever".

      That's all well and good in theory, but I very much doubt people download torrents just to look at them in hex editors; at some point the file is probably going to be downloaded, and that is traceable. The most likely scenario here is that the ISPs/law enforcement have been monitoring traffic related to the torrent files that have been downloaded (and in the process eliminated files that are legally distributed on BT, if only to stop themselves looking like complete idiots before a judge). I suspect that the "all they downloaded was a torrent" line is a glib oversimplification of what evidence has actually been gathered.

      --
      Blank until /. makes another boneheaded UI decision.
  58. Happens often actually by phorm · · Score: 1

    While I don't support this particular case...

    In many cases randomized samples are taken for prosecution simple because it is too difficult/expensive/etc to prosecute en-masse. When a cop pulls up behind you with his lights blaring, is it his fault that he doesn't pull over the other 2-3 vehicles near you that were also speeding? Maybe he'll have a partner or a car down the road which can catch another, but he simply can't manage to snag you all.

    OK, so that's speeding tickets. Perhaps murderers are treated more strongly? How about plea bargains then, a hardcore criminal might get off so that police can nab one of more other hardcore criminals... quite often this happen with organized crime.

    There's nothing wrong with random selection, it's part of the deterrance value in the criminal process. Better than if a cop hauls you in because he didn't like your tie or something stupid such as that.

  59. When I win the lottery... by abulafia · · Score: 4, Funny
    The users were randomly selected from more than 6000 IP addresses collected by investigators.

    Neat.

    Instead of lotteries being a tax on the numerically challenged funnelled through the state to gambling operations, they're now becoming a direct tax for the benefit of copyright holders.

    You, too can become a winner!

    --
    I forget what 8 was for.
    1. Re:When I win the lottery... by KillShill · · Score: 1

      like our previous winners,

      whitman, price and haddad.

      --
      Science : Proprietary , Knowledge : Open Source
  60. Ahh the wonders of old legal systems by NoMercy · · Score: 1

    They design laws to punish offenders who are making money hand over fist though illegal copying and selling of copyrighted goods, and they end up applying to those whove only done it, possibly without realising it after installing bit-torrent and clicking on a link.

  61. Copyright infringement =! Theft. by reality-bytes · · Score: 1


    What is the difference between a thief and a person uploading a copyrighted movie to the internet?


    A very big difference

    Despite what the MPAA has fed you about copyright infringement being theft. It is not.

    If you steal a physical DVD from someone, you now posess the DVD and the rightful owner does not. Hence theft

    If you copy a DVD, you now posess a copy of the DVD which the rightful owner still posesses. Hence copyright infringement

    The MPAA / RIAA / MPIA etc etc should not be allowed to play with the word of law to fit their own needs.
    --
    Ripping an new rectum in the fabric of spacetime.
    1. Re:Copyright infringement =! Theft. by Eric604 · · Score: 1

      I think he knows the difference between copying bits and relocating a physical disc. I think what he meant is: Is a stealing worse (more evil) than copying? To make a fair compare, assume the DVD is stolen from a DVD store becz that's were copying has impact.

    2. Re:Copyright infringement =! Theft. by compm375 · · Score: 1

      There is also another difference which most don't think of. On a p2p network, you are not just copying the files, but also sharing them with the whole world, which makes it seem worse than theft. But, this only really applies to the first person who uploaded the file and knew it was under copyright. After that, it is less than theft, because once it is already available to the world, it doesn't matter if others share it too.

  62. an Old Chinese Proverb (?) by bloodstar · · Score: 3, Insightful
    Forgive me if I misquote this or attribute it to the wrong country/time. But I remember reading a story about how an emperor was increasingly frustrated by the various crimes that were occuring in his country, so he imposed harsher and harsher penalties in an effort to deter the criminals. One day a group of soldiers were gathering to report for conscription to help fight a rebellion and were running late, so their leader looked to his troops and asked, "What is the penalty for reporting late?"
    "Death," they responded.
    "And what is the penalty for rebellion?"
    "Death," They replied.
    The commander looked at his troops for a moment then shrugged, "Congratulations gentlemen, welcome to the rebellion."

    As punishments become more and more out of line with the crime, and as the laws become more ubiquitous, eventually the population will feel obligated to protect itself from a government that has gone insane. I'm not saying that the criminalization of a civil matter will be the last straw, but each straw tossed on will start to pile up unless some sanity is restored to the system.

    --
    "The bass, the rock, the mic, the treble. I like my coffee black, just like my metal" - Mindless Self Indulgence
    1. Re:an Old Chinese Proverb (?) by Anonymous Coward · · Score: 0

      Indeed, that was a Chinese history event.

      Quoted from Wikipedia:

      Within three years of Qin Shi Huang's death, widespread revolts by peasants, prisoners, soldiers, and descendants of the nobles of the Six Warring States sprang up all over China. Chen Sheng () and Wu Guang (), two in a group of about 900 soldiers assigned to defend against the Xiongnu, became the leaders of the first revolution by commoners.

  63. Re:Seriously.. what the hell is wrong with the wor by TheAwfulTruth · · Score: 1

    Is there something wrong with not releasing pre-released material, or any material that you do not own the (C) to? More and more people talk as if it's not only their right, but some kind of unavoidable social responsibility or something.

    It's not like people are going to start dying in masses if they can't get a bootleg copy of the latest spittany bheers album or Hom Tanks movie now are they?

    You want to know where the BS started? It started with you, and every other file sharer out there that decided that bootlegging material on a scale 1000x greater than ever before was a brilliant idea. It also started with Napster and their commercial pirating software program which was proudly advertised as such. In song even!

    It's like a gang of white collar bank robbers that steal money from banking networks "because they can" went to every pub and bragged about their exploits and enjoined more people to rob banks using their new whiz bang Bankster program. And then they are surprised when they get caught? Or when people that use the program end up in jail? Oh brother!

    The penalties may be a bit severe I'll grant, but frankly, they are pretty easy to avoid.

    Stop "sharing" material that you did not create and therefore have zero right to. Just stop. Right now and forever.

    How could it be any simpler?

    How is it possible that anyone even has the gall to be indignant about it?

    What the hell happened to people? :(

    --
    Contrary to popular belief, coding is not all free blow-jobs and beer. Those things cost MONEY!
  64. Quasi-legal terminology != legal terminology/crime by Travelsonic · · Score: 1
    On the other hand, the vast majority of traffic generated by BitTorrent users is trafficking of copyright-protected content, i.e. IP Theft.

    --
    If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  65. Quasi-legal terminology != legal terminology/crime by Travelsonic · · Score: 1
    On the other hand, the vast majority of traffic generated by BitTorrent users is trafficking of copyright-protected content, i.e. IP Theft.

    "IP Theft"? Dear me, we seem to have quasi-legal sounding RIAA/BAS/RIAA invented terminology mxed up with true legal terms here. Tell me, if this crime you call "IP Theft" existed, then why is it that the file-sharers are not being prosecuted/sued for that, instead of copyright infringement?

    --
    If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  66. $6400 is cheap... by gillbates · · Score: 2, Funny

    Considering that in the U.S., the RIAA wants you to pay $150,000 per song.

    For all of the oppression done by the communist party, the RIAA still has them beat.

    --
    The society for a thought-free internet welcomes you.
  67. No difference? Yes there is, by Travelsonic · · Score: 1
    What is the difference between a thief and a person uploading a copyrighted movie to the internet? That's right there is none!

    Legally there is, logically therei s a difference, philosophically it has succesfully been argued, morally, it is subective. This is ignorance of the law at most. Copyright infringement and theft have been legally different for as far back as it has been written down. Logically it is different as well. Taking a CD out of a store (paying is gaining permissions to take it out) without payment/permission is theft. The CD has been relocated out of the shop without permission, and without payment depriving the person of the potential money off of that one CD indefinately. Copying a song on the other hand does not delete the file off the HD of the user you downloaded the file, and there is a high uncertainty of whether or not potential payment has been *lost*. Most imporantly noted is, there is no loss of something one already posesses.

    Pirating is stealing.

    Opinion noted

    Uploading pirated material is "big fish" stealing, because you actually not only steal your own single copy but facilitate others in doing the same

    If you stole your copy, then why the hell do you still have it, if by definition it must be missing? Not only have you been proven to be a logic/argument stooge to the RIAA/MPAA/BSA, but your arguments reek badly of logical blasphemy.

    --
    If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  68. This is extremely dangerous! by argoff · · Score: 1

    I say, it's about time China recieved the same lack of freedoms that we have right here in the good old US of A.

    I know this is just being funny, but one of the few outlets of freedom that exist in China is the culture that strongly encourages the freedom to copy things. When the pressures of the information age hit the USA, political forces pretty much guarantee that the RIAA and MPAA can never push it to the point of murder, torture, or even genocide. I wouldn't count on that in China and I think it is very dangerous for the USA to attack this part of Asian culture. I could very easially see systematic executions to "set an example".

  69. Re:Seriously.. what the hell is wrong with the wor by gl4ss · · Score: 1

    people would like to do it in masses -> it should not be illegal, because people as a mass don't view it so.

    sure it would crash a bit of the current system - but not even that much as you'd first believe. and it certainly wouldn't smash any industry that _really_ matters.

    --
    world was created 5 seconds before this post as it is.
  70. Then they might ban open Wi-Fi by tepples · · Score: 1

    Install WiFi and open access to everybody.

    If the BBC can detect that you have an unlicensed TV turned on, then why can't governments detect open 802.11b access points?

    1. Re:Then they might ban open Wi-Fi by larytet · · Score: 1

      they can detect open AP, but it's legal to own AP, right ? and you are not liable if somebody hijacks your connection without your knowldege

  71. Hmm . . . by homeobocks · · Score: 1

    Does the MPIA bribe the police, too?

    --
    MOUNT TAPE U1439 ON B3, NO RING
  72. I thought i saw British Telecom by os2fan · · Score: 1

    I looked at this, and first thought "british telecom"! oh well.

    --
    OS/2 - because choice is a terrible thing to waste.
  73. Oh please by Phil+Urich · · Score: 2, Insightful

    free but still can be subject to every whim of the government if they felt like it

    And that differs from the US-model in what way...?


    US Government: Microsoft, stop that.
    Microsoft: Make us!
    long legal battle ensues
    ????
    Microsoft: Profit!!!

    --
    I remember sigs. Oh, a simpler time!
    1. Re:Oh please by tre4lien · · Score: 1

      free but still can be subject to every whim of the government if they felt like it

      And that differs from the US-model in what way...?

      Microsoft: Make the citizens stop that!
      US Government: OK! That'll be $9.99M; Come again!
      un-noticed geek backlash against loss of freedoms ensues
      ????

      Microsoft: Profit!!!

  74. Re:Seriously.. what the hell is wrong with the wor by Travelsonic · · Score: 1
    Stop "sharing" material that you did not create and therefore have zero right to. Just stop. Right now and forever.
    Wait, so not creating it == no right to access it? Does anybody else see how taking this literally is really a stupid thing to do, or how poorly though out this statement is? If you follow this, you can't listen to any cds, or view artowork because of the fact you didn't create it, which is the context I am reading it.
    --
    If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  75. Some misunderstandings on Hong Kong by _Nag_gaN_ · · Score: 1

    As a citizen here I found myself responsible for clarifying some of the misunderstandings slashdotters have on Hong Kong:

    - HK's judiciary system is definitely, entirely, totally different from that in China. It is inherited from the British colony before 1997, much more "civilized", transparent (= costly), and, in some sense, fair. This is what "one country, two systems" is for.

    - I can say nearly 99% of bittorrent activities here were for copyrighted materials. My confession: I occasionally do that myself, although more often to get a copy of ubuntu. Yes, we have many (compared with western countries) pirate shops here, but 1) there are really not that many, and they are concentrated in some areas; 2) almost all of them are ran by the gangs; we all recognize that buying pirates from them is equivalent to funding them to do illegal activities. So bittorrent is quite popular recently here, kind of like helping each others.

    - This is definitely not the first time prosecuting someone for violating the copyright law. I remember some guys here sharing mp3 via ftp and got caught. This time it goes into headline in HK newspaper and even in slashdot simply because the technology used here: bittorrent, which was believed (at least by many) to be difficult to get caught.

    - After the caught of that guy, the number of seeders, who were scared, dropped by at least 90%. The "random" warning letters help too (no, I haven't received any, poor luck~). However, we all know that we can still find many of them in websites in China...

    - Littering in HK is actually fined HK$1500. This is severe because of SARS outbreak.

    --
    We do this for fun.
    1. Re:Some misunderstandings on Hong Kong by cranos · · Score: 1

      Yes, we have many (compared with western countries) pirate shops here

      As I used to live in Hong Kong as a child in the mid eighties I can atest to this :). Sham Shoi Po (sp? its been that long) used to be famous for it, the police would raid one day and the shops would open up again pretty much the next. Lots of fun.

  76. Re:Seriously.. what the hell is wrong with the wor by Anonymous Coward · · Score: 0

    The system began to continually reinforce an artificial protection on immaterial concepts and ideas under the influence of small groups of people with large amounts of money gained through said immaterial concepts and ideas, whether gained by fair means or foul. And the people began to wonder why, when an idea was old, unused, or unavailable, why it wasn't available anymore, just because someone protected it because they thought it MIGHT be worth something again some day.

  77. I guess... by Gamzarme · · Score: 0

    ...the Hong Kong bandwidth was all being used to the max (and on the brink of crashing the Internet). So that's the real reason of the suing!

    --
    Pat
  78. Re:Seriously.. what the hell is wrong with the wor by TheAwfulTruth · · Score: 1

    Your rights to access is granted by the owner.

    If you are not granted redistribution rights then you have none.

    Again, this is so simple its laughable that there is any confusion about it!

    --
    Contrary to popular belief, coding is not all free blow-jobs and beer. Those things cost MONEY!
  79. Re:Seriously.. what the hell is wrong with the wor by Travelsonic · · Score: 1
    Stop "sharing" material that you did not create and therefore have zero right to. Just stop.

    does NOT sound like to me:


    If you are not granted redistribution rights then you have none.
    One you talk about distibution, the other whether or not you created it or not, which is NOT always compatable.
    --
    If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot