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The Truth About Suprnova Shutdown

Romeo E. Cabrera writes "You might remember it was exactly a year ago when Suprnova, once the most popular BitTorrent search engine went dark. Today, Suprnova's admin Sloncek, reveals the truth and details, about the events occurred then."

365 comments

  1. Darkness by this+great+guy · · Score: 2, Funny
    the most popular BitTorrent search engine went dark.

    Yep. Like the dog, Suprnova was on fire.

    1. Re:Darkness by MikeCapone · · Score: 2, Insightful

      So from RTFA I got that they basically intimidated him. No legal charges, just a damocles sword hanging over his head for a while without any details as to why that was exactly.

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

      it says dark not bark!

    3. Re:Darkness by AoT · · Score: 1

      key part of the article

      "And just when I was hoping that the prosecutor would forget about my case I received another letter. When I received the paper, that I had to go pick up the envelope at the post, I became completely depressed and sad. But anyway, I went to the post and picked up the document."

      I bet it works different in wherever he is, but in the US, or CA at least, if you ignore the "official notice" in the mail they cannot prove that you knew about the charges against you.

      Just pretend you never got it and erase everything.

    4. Re:Darkness by Anonymous Coward · · Score: 0

      That was completely offtopic to the parent post. What a karma whore. You should be modded down, not up.

    5. Re:Darkness by moonbender · · Score: 2, Informative

      He had to pick the letter up at the postal office - probably because it was registred mail. When you pick up registred mail, you need to bring your ID, and you leave a signature. So yeah, they can prove you knew about the charges.

      --
      Switch back to Slashdot's D1 system.
    6. Re:Darkness by pnewhook · · Score: 2, Insightful

      Yup, that good old American justice system-whoever tells the most convincing lies gets off

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    7. Re:Darkness by Jabolio · · Score: 1

      Woof?

    8. Re:Darkness by Oliver+Wendell+Jones · · Score: 2, Interesting

      Only if you actually go to the post office and pick it up. If you simply ignore the little slip of paper in your mail box that lets you know it's waiting at the post office for you long enough, then it gets returned to the sender and thus - You Were Never Notified.

      Of course, if they're serious enough, they'll send the Sheriff out to attach the notice to your door, at which time you have to hope and pray for a windstorm or rowdy neighborhood children to make the notice disappear...

      --
      A computer once beat me at chess, but it was no match for me at kick boxing -- Emo Phillips
    9. Re:Darkness by grub · · Score: 2, Interesting


      When you pick up registred mail, you need to bring your ID, and you leave a signature.

      When I was going through my divorce I had some registered mail come. When I went to pick it up the lady put the letter on the counter and grabbed the paper you're supposed to sign. I saw where the letter was from, said "I don't want it" and walked away. Got away without signing and without receiving the letter. Never heard back either.

      --
      Trolling is a art,
    10. Re:Darkness by moonbender · · Score: 1

      I can assure you they will notify you. If you don't pick up the registred mail, they will try to deliver it personally for as long as it takes to get you in person. I really don't think trying to avoid "getting served" is a viable course of action.

      --
      Switch back to Slashdot's D1 system.
    11. Re:Darkness by Neoprofin · · Score: 1

      Must be a California thing, in Wisconsin if you ignore letters from the court after about the 3rd notice they issue a warrent for your arrest for failure to comply with the courts.

    12. Re:Darkness by rworne · · Score: 1

      According to this PDF form, "Proof of Service by Mail" for a subpoena does exist. All it has to be is First Class mail. It sucks, but it exists.

      --
      I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
    13. Re:Darkness by halcyon1234 · · Score: 1
      So from RTFA I got that they basically intimidated him. No legal charges, just a damocles sword hanging over his head for a while without any details as to why that was exactly.

      An informative read, at least.

      Now, I want to read a FA about the truth behind the lokitorrent "legal defense" fund...

    14. Re:Darkness by TheCarp · · Score: 1

      Or whoever tells the least convincing truth goes to jail.

      How many times has DNA evidence cleared the name of a person who had either been in jail for years or already executed in the past few years? Who told the more convincing lies in their cases?

      Makes me wonder how many innocents are out there left to rot for the lack of evidence that would clear their names.

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    15. Re:Darkness by Serzen · · Score: 1
      Yup, that good old American justice system-whoever tells the most convincing lies gets off

      Not all that different from the good old American dating system when you think about it.

    16. Re:Darkness by yo5oy · · Score: 1

      He's in fucking Slovenia. They probably don't have the same laws.

      --
      a slut did tulsa
  2. Slashdot by Julian+Morrison · · Score: 0, Troll

    News for nerds, digg mirror with threaded comments.

    1. Re:Slashdot by Anonymous Coward · · Score: 0, Insightful

      You know... /. is older than Digg, so you should just go to dig and stay out of here.

    2. Re:Slashdot by Anonymous Coward · · Score: 1, Insightful

      Then go to Digg and don't come back to Slashdot. The quality of stories at Digg is atrocious at best and the comments are even worse. Digg is the laughing stock of the tech community because it has the lowest quality content imaginable and one of the dumbest communities ever established. Every second story on Digg is a link to some random 12 year olds blog, a simple CSS/AJAX tutorial or a combination of both. The programming behind Digg is also utterly pathetic. Comments go missing, stories go missing, it's easy to manipulate how many Diggs a story gets, you can insert all sorts of html and JavaScript into a comment to fuck things up etc.

      Your signature, which is currently "--lol pwned", makes it perfectly clear that you don't belong anywhere near an intelligent conversation. Go back to Digg retard.

    3. Re:Slashdot by Anonymous Coward · · Score: 0, Flamebait

      Digg: It didn't work for Kuro5hin, but let's pretend we're better than Slashdot anyway!

      Fuck off to Digg then. Or do you feel the need to come to Slashdot to comment because Diggs comment system is so fucking poor?

    4. Re:Slashdot by PunkOfLinux · · Score: 2, Insightful

      Admittedly, the quality of comments on digg is rather poor at times.
      On the other hand, you can't forget that the stories on digg's front page can't be that god-awful for someone to want them to show up on the first page you see.

    5. Re:Slashdot by shish · · Score: 1

      Wow, a mirror which gets lots of content before the source, and some that the source doesn't get at all :O I should really check out slashcode...

      --
      I mod down anyone who says "I will be modded down for this", regardless of the rest of their comment
    6. Re:Slashdot by Anonymous Coward · · Score: 0

      holy god, man! i was about to flame this trolling 'tard but i guess you not only fucked him up the ass, but you busted and didn't even pull out! /. ftw!

    7. Re:Slashdot by siliconjunkie · · Score: 1

      On the other hand, you can't forget that the stories on digg's front page can't be that god-awful for someone to want them to show up on the first page you see.

      Riiiiight. Like the numerous daily "10 Applications You NEED on your Computer" (that always seem to grab from the same pool of 40 apps and then proceed to shuffle them around with or without "insightful" commentary from some 15 year old's attention whoring blog) or "[Insert semi-mainstream publication here] mentions DIGG on their [website/blog/podcast]" articles?

      Call me when DIGG hits puberty.

    8. Re:Slashdot by Anonymous Coward · · Score: 0

      Listen there's no argument here. Digg is for idiots and everyone with a brain realizes that. For fuck sakes, it's made by one of the lamest and most pathetic script kiddies on the planet, Kevin Rose. Look at the programming behind Digg, I think that alone makes it clear that Digg is/was made by idiots. If you need 10,000 articles on how to make a simple CSS layout or lots of articles from some random 14 year old idiots blog then I guess Digg would be for you.

      On a side note, it's funny how all the PHP programmers flock to Digg. I wonder why that is...

    9. Re:Slashdot by Anonymous Coward · · Score: 0

      "Admittedly, the quality of comments on digg is rather poor at times."

      Rather poor at times? Give me a break. The comments are ALWAYS incredibly poor, along with the stories and the programming behind the site.

    10. Re:Slashdot by Anonymous Coward · · Score: 0

      Don't let the door hit your ass on the way out. Because I don't want ass-prints on my new door.

    11. Re:Slashdot by tehwebguy · · Score: 1

      wow look at all the lamers that replied to you and i as anonymous.

      --
      -- lol pwned
  3. RIP by crummynz · · Score: 3, Insightful

    I spent far too much time on that site :(

    Safe to say that the torrent community has gone downhill since, I'd say.

    --
    ~ Crummy
    1. Re:RIP by HeavyMS · · Score: 0

      Nope i don't agree whit that statement. The fall of suprnova spawed 100 of new torrent sites!

    2. Re:RIP by muffen · · Score: 5, Informative

      TBP, safe to say the torrent community is still strong just like it was in the suprnova days, might just be you who decided not to be part of it anymore.

      TvTorrents,www.tvtorrents.com would be another one, there are plenty of torrent site, thepiratebay, without a doubt, being the largest in the world.

      If you wanna have a laugh, take a look at TBP Legal Threats, and then decide how big the chances are that tpb will go down (lawchange in sweden, where TPB is hosted, takes approx. 2 years, and they haven't even started trying to change it yet).

    3. Re:RIP by Anonymous Coward · · Score: 0, Insightful

      the problem with TBP is the large quantity of SHITTY torrents.

      too much homebrew in which the person has absolutely NO idea how to label files, tag things properly in the case of mp3s.

      honestly. atleast number the files, and stop including the damn thumbnails directory for god sakes.

    4. Re:RIP by seanvaandering · · Score: 1

      If Suprnova wanted to stay online, they should of moved their servers to Sweden - I think $15 grand would of paid for that move nicely, with a couple extra beers left over....

    5. Re:RIP by ceejayoz · · Score: 1

      The thing I most liked about Suprnova was the interface. Far less cluttered than all the torrent sites that seem to be around today.

      I wish some group would release a tracker that's not shittily coded. I've hacked the frontend of one so it looks okay, but the admin interface is still horrific.

      Anyone got one done in nice XHTML/CSS I can play around with?

    6. Re:RIP by IgnoramusMaximus · · Score: 1
      The thing I most liked about Suprnova was the interface. Far less cluttered than all the torrent sites that seem to be around today.

      Err... like this one?.

  4. So, to sum it up by fmwap · · Score: 5, Funny

    So, summarizing the article:

    Nothing happened
    Case dropped
    Suprnova still gone

    1. Re:So, to sum it up by ericdano · · Score: 4, Interesting

      However, if you live and host in the same country as him, you might be able to do it again and still nothing will happen. Sounds good to me.

      --
      It's either on the beat or off the beat, it's that easy.
      I moderate therefore I rule!
      --
    2. Re:So, to sum it up by Anonymous Coward · · Score: 3, Informative

      But now many invite-only trackers (running PeerGuardian on the server as well) are causing problems for the MPAA and RIAA to find bittorrent downloaders.

    3. Re:So, to sum it up by Motherfucking+Shit · · Score: 4, Insightful
      So, summarizing the article:

      Nothing happened
      Case dropped
      Suprnova still gone
      You have an interesting definition of "nothing happened." To me, it sounded more like:

      Police raid ISP
      Police confiscate servers
      Police visit Suprnova operator at home
      Police seize two computers and various media from Suprnova operator
      Suprnova spends a few months in limbo
      Suprnova stresses out over mail from prosecutor
      Case dropped
      Suprnova still gone

      I'd be interested in a translation of the letter that he posted on the site. Specifically, I'm interested in knowing why exactly the prosecutors decided not to pursue the case.
      --
      "BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
    4. Re:So, to sum it up by NitsujTPU · · Score: 4, Insightful

      I concur with other posters on this one.

      Police raiding your home, seizing your property, and dragging you through legal proceedings, when you've done nothing wrong sounds pretty bad to me.

    5. Re:So, to sum it up by Skreems · · Score: 1

      Still gone? Then what is newnova, exactly? Did someone just get a copy of all the sourcecode and images?

      --
      Slashdot needs a "-1, Wrong" moderation option.
      The Urban Hippie
    6. Re:So, to sum it up by Jugalator · · Score: 1

      It's not really still gone. Sure, it's not on the same domain, but the Suprnova code is up under another host now. Same as for ISO News that was also "shut down" and possibly other sites too.

      --
      Beware: In C++, your friends can see your privates!
    7. Re:So, to sum it up by slavemowgli · · Score: 4, Insightful

      Without knowing the details of Slovenian copyright law, I'd guess that it was dropped because he didn't actually do anything wrong. No copyrighted data went through the suprnova servers, and copyright infringement is not a criminal offense in most countries, so it's likely that contributing to it is not illegal at all, either (it typically only is for criminal activities).

      In other words, it's the same reason why ThePirateBay still operates - only that the latter is hosted in Sweden, where it's probably (I assume!) less easy for the music/movie industry to get the police to investigate things when there is no evidence of an actual crime being committed.

      --
      quidquid latine dictum sit altum videtur.
    8. Re:So, to sum it up by demigod186 · · Score: 0

      ummm he did do something wrong(assuming you coun't breaking the law(at least in some countries, maybe not his) "something wrong"), he made a site that helped people carry out an illegal act more effectively. Isn't that what napster got in trouble for? Anyways whether he did something or not is relative depending on what country your in, assuming that right and wrong are simply the average moral views of the members of a country at a particular point in time(which are #965lly developed into laws).

    9. Re:So, to sum it up by ZoneGray · · Score: 4, Insightful

      More likely the prosecutor looked at the case, and figured he shouldn't put much effort into prosecuting a countryman for the benefit of American movie studios.

    10. Re:So, to sum it up by NitsujTPU · · Score: 1

      Searching a p2p network is not a crime.

      You might do something illegal on it, but that act is not a crime.

    11. Re:So, to sum it up by cpt+kangarooski · · Score: 5, Informative

      FYI in the US, there is secondary liability for civil copyright infringement. In a criminal copyright infringement case, it might be possible for the government to prosecute an indirect infringer under an aiding and abetting theory, but I'm not aware of any examples.

      --
      -- 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:So, to sum it up by moro_666 · · Score: 2, Interesting

      I see it pretty much the same way.

      He just offered the people knowledge how to break copyright, he didn't break it himself. It's the same with gun companies, they don't shoot people, they sell you a weapon to do it.

      However i'm still concerned about the ip tracking issues. I luckily sit on a dynamic ip address, so yearz old ip records will not trace back to my computer which did download the movies. But for static ip address users, this is quite a punch. They can come and knock on your door any time now, they know that you fetched the illegal copies of music and movies and they have copies of server data records that proves it.

      I guess we just need a decentralized system which makes it practically impossible to track down what was downloaded from who and when. Bittorrent will have to change to protect it's users from RIAA & Co. If Bittorrent won't change, it will be replaced by a program that will.

      --

      I'd tell you the chances of this story being a dupe, but you wouldn't like it.
    13. Re:So, to sum it up by TheScottishGuy · · Score: 1

      to quote you: (assuming you coun't breaking the law(at least in some countries, maybe not his) "something wrong") dear god we're all screwed, there is not a one of us who has not done somethng that i'm sure is considered some heinous crime in some country, does that mean we should be tried for it? should minnesota farmers be tried in india bor using a stick to hit cows?

    14. Re:So, to sum it up by InsaneCreator · · Score: 4, Informative

      The scanned letter is just a list of conficated equipment (streznik = server, osebni racunalnik = personal computer) which is to be returned, because the charges against him were dropped.

    15. Re:So, to sum it up by demigod186 · · Score: 2, Interesting

      oh, I completely agree. I'm on his side completely, and I think that people should continue to run sites like these, I just don't see why people have to make themselves believe the people that are sharing these files and or hosting these sites are not doing nothing wrong/illegal. I think they are doing something illegal, and I hope they KEEP seeding torrents, and running sites like these. I do not feel like I need to make myself believe that everything I do is good, I think it is interesting that a lot of people try to defend filesharing. It(sharing copyrighted files) is illegal(in the US I mean, but only if copyrighted), and that is all there is to it. I guess I just think that people should acknowledge that these things are illegal, and go on supporting them more than ever.

    16. Re:So, to sum it up by drgonzo59 · · Score: 4, Insightful
      Know anyone who owns an island or a small country and is willing to donate the domain name? What would MPAA or RIAA do? They can't invade a country.

      In the case of supernova they probably bribed the police into doing all this scaring tactics. As far as I know the police in Eastern Europe is not really interested in piracy and computer fraud, they got other things to worry about and besides, some countries don't even have good laws concerning computers and internet BUT for a large enough bribe the police in those countries will arrest and scare anyone regardless of the crime.

    17. Re:So, to sum it up by BerislavLopac · · Score: 3, Interesting

      The problem with countries like Slovenia (and my native Croatia) is that nothing of that would ever happen if there wasn't a major news piece about the service. If someone just came to the police and say "you know, there is such and such server in Slovenia" they would shrug them off; but as the media picked up the hype, someone saw it ad said "wow, we must do something about it" (even though that person probably had no idea what "it" was all about).

    18. Re:So, to sum it up by mpe · · Score: 1

      Know anyone who owns an island or a small country and is willing to donate the domain name? What would MPAA or RIAA do? They can't invade a country.

      But they can hire mercenaries/terrorists to do just that. Alternativly they can have a word with some of their friends in the US Government. You'd need a very well armed small country, only one appears to be a possibility...

      In the case of supernova they probably bribed the police into doing all this scaring tactics. As far as I know the police in Eastern Europe is not really interested in piracy and computer fraud, they got other things to worry about and besides, some countries don't even have good laws concerning computers and internet BUT for a large enough bribe the police in those countries will arrest and scare anyone regardless of the crime.

      For a large enough bribe the police in any country are likely to do this, it's only a matter of how much money...

    19. Re:So, to sum it up by mpe · · Score: 1

      ummm he did do something wrong(assuming you coun't breaking the law(at least in some countries, maybe not his) "something wrong"), he made a site that helped people carry out an illegal act more effectively.

      If websites were subject to the laws of all countries (as opposed to the laws of the country hosting them) then there would probably be a lot fewer websites around. We might not even be having this discussion since there is most likely somewhere where publication without government approval is illegal.

    20. Re:So, to sum it up by s-meister · · Score: 1

      Forgive my ignorance if I'm displaying it, but: No ISP records of IP lease to MAC? No ISP records of authentication by MAC to ISP? Corrections welcome.

    21. Re:So, to sum it up by BobTheLawyer · · Score: 2, Insightful

      I've a solution to those IP tracking issues: how about not downloading illegal copies of music and videos?

    22. Re:So, to sum it up by JWSmythe · · Score: 3, Interesting


          There are plenty of influences beyond police and the military. The RIAA or MPAA could impose economic sanctions on sales in that country, until the local organizations did something about that.

          For example, if I was the ??AA them, I could impose an extra USD $5 surcharge on every piece of media sold to vendors in that country, due to their lack of cooperation, making it clear of why they increased the cost. The local vendors would either need to tack that onto the price of the media, or eat it. If they increase their prices, sales will go down. If they eat it, profit goes down. So in the end, they can (and would) put start pressuring the local government to do something about the crimes.

          The next reply suggests invasion or mercenaries. That's not their MO, and it wouldn't be necessary.

          The recording industry is huge, no matter where you are. They do have an influence. They showed a bit of force with the initial arrest. They'll show more force next time to get their way.

          They still don't understand, bringing the costs down would solve a lot of their problems. If I can get an album (record, tape, cd, or whatever) for $5, why bother pirating it? But, looking at a $20 price tag, that may encourage me to pirate. At $5 each, I'd consider actually going to the store and buying music. If I could buy 5 CD's for $25, that's reasonable. 5 CD's for $100 isn't justifiable to me, even though I do have the money to do it.

          For the record, I don't pirate. I have a small collection of store bought DVD's. I listen to broadcast or streaming radio. I watch most movies on DirecTV. We actually find it's more comfortable to watch movies in my home theater, than it is to watch in a traditional movie theater. I'm satisfied. Why bother download songs and burn them to CD? I'd say iPod, but I don't even own one. I'm not the coolest geek on the block, as far as that goes.

          I don't use BitTorrent, but I do use other P2P programs to get the occasional piece of software to try out. For example, I wanted to try 'Poser'. I installed it, played with it for abotu 20 minutes, grew bored of it, and uninstalled it. I also downloaded several video editing programs, for editing home movies. I picked one that I liked, and bought the current version from the store.

      --
      Serious? Seriousness is well above my pay grade.
    23. Re:So, to sum it up by Wyatt+Earp · · Score: 5, Interesting

      Because Corporations are always getting Merc and Terrorists to stop things they don't like. For example the MercCo raid on Shanghi Windows XP pirates in '02 that resulted in...

      Actually they don't, and the United States Government really doesn't do much militarily to protect corporate interests these days, not like the Fruit company fun in the 20th century. Yea, War for Oil, War for Kosovo's Tin, the geopolitical ramifications of the US and/or NATO going to war are much larger than Corporate Interests these days.

      However, if a Nation-State has a relationship with the United States, there will be treaties and frameworks usually that'll help shut this stuff down. Plus, your ISPs could just block thier domain names.

      That all said, if you are really intent on pirating other people's property, and it's not about "Sharing", come on, it's about gettng crap for free, look at Indian Reservations in the United States. The legal issues between a Reservation, County, State and the Federal Governments are a goddamned mess. Plus, theres a whole lot of corruption so with some cash, you might get a Rez to go for this model.*

      * - I'm Indian and from a Reservation and have known a fair share of Tribal Council and Chairpeople over the years that I can say they are corrupt for the most part without being a Troll or a Flamer.

    24. Re:So, to sum it up by JWSmythe · · Score: 2, Insightful


      > He just offered the people knowledge how to break copyright, he didn't break it himself.
      > It's the same with gun companies, they don't shoot people, they sell you a weapon to do it.


      This is a great example.

      BT and other P2P programs do have practical uses. I have two that I use.

      Guns do have practical uses. I also have two of these.

      So, I have a gun. It doesn't mean that I plan to kill someone. Maybe I want to go hunting. Maybe I want to be able to defend my home and family. Maybe I just like to have a piece of metal worth a few hundred dollars as an investment (they are a great one). Is the manufacturer or store responsible if someone uses it to commit a crime? No. Just like they aren't responsible if someone breaks into my house and I have to shoot them.

      Manufacturers of kitchen knives are selling a tool for a purpose. Plenty of people are killed every year with knives, but I've never heard of a knife manufacturer being dragged into court over it.

      --
      Serious? Seriousness is well above my pay grade.
    25. Re:So, to sum it up by Anonymous Coward · · Score: 0

      For example, if I was the ??AA them, I could impose an extra USD $5 surcharge on every piece of media sold to vendors in that country, due to their lack of cooperation, making it clear of why they increased the cost. The local vendors would either need to tack that onto the price of the media, or eat it. If they increase their prices, sales will go down. If they eat it, profit goes down. So in the end, they can (and would) put start pressuring the local government to do something about the crimes.

      ...or, alternatively, it will just promote piracy further.

    26. Re:So, to sum it up by Arcanius · · Score: 1

      "For the record, I don't pirate."

      But what you do (downloading Poser for 20 minutes, etc) is pirating. Of course, I'm not pointing fingers because I'll do the same thing, and I think its a great way to test out software/music/whatever for purchase. But such a moral justification doesn't make it legal. :-)

    27. Re:So, to sum it up by Anonymous Coward · · Score: 0

      I can translate it for you ;)

      Basicly it's from the state prosecutor in Ljubljana. It says according to some law Andrej Preston was returned the 4 server boxes and two deskrop computers because the charges against him for helping others steal/misuse copyright data was dropped. And that's about it. Nothing interesting.

    28. Re:So, to sum it up by RevBingo · · Score: 5, Funny

      You'd need a very well armed small country, only one appears to be a possibility...

      The Vatican?

    29. Re:So, to sum it up by Olix · · Score: 1

      Buy a new Network Card every month? Now with free tinfoil hat!

    30. Re:So, to sum it up by Odisej · · Score: 1

      The letter does not say why. It only states that he will get his equipment back as the case was dropped. More research would have to be undertaken to get the answer to this question.

      As for the police and bribery. I suspect the story is most likely to go something like this: American studios found the site, contacted whoever is in charge of cases like this in the USA (FBI?), the request was passed to Slovene authorities who MUST act on any request (either from a citizen or foreign institution), they followed the procedure, passed the information to the state attorney and the courts. No ground for continuing the case was found and it was dropped.

      There are no institutions in Slovenia who would actively seek out file sharers so the information must have come from USA.

      I am just glad Sloncek is off the hook.

    31. Re:So, to sum it up by AoT · · Score: 1

      I would beg to differ.

      I do 'pirate'. And by pirate I mean I download music, programs and books for which I have not paid. I would put downloading and testing programs before you buy them into the same category as listening to a song on the radio before you buy it. It constitutes fair use. Of course the legal technicalities of this I know not; but if fair use is to mean anything then it should allow this.

    32. Re:So, to sum it up by MPHellwig · · Score: 1

      Well, it might be different from where you live, but I usually need to authenticate myself before I can use a service like IP connectivity and most often I authenticate with someting that proves my personal identity. The mapping is quite easy then.

    33. Re:So, to sum it up by advid.net · · Score: 1
      MAC address is not seen by ISP (dial up modem or adsl modem).
      Anyway, ISP can record IP leases for each account. And some do: in France (if I remember well) they have to keep logs 3 months back.

      So, given an IP and a date they can find your home on prosecutor request.

    34. Re:So, to sum it up by bm_luethke · · Score: 2, Interesting

      This has nothing to do with the actual article in the original post, just a rant on my end (hey, this is slashdot - sowhat :) ). It's something that greatly irritates me. Even many, if not most, anti-PC people fall for this one.

      "I'm Indian and from a Reservation and have known a fair share of Tribal Council and Chairpeople over the years that I can say they are corrupt for the most part without being a Troll or a Flamer."

      You know, the fact of you being an Indian should be irrelevant - they are either corrupt or not. It doesn't matter if I am the average male of an exactly average (even to having .6 or whatever kids - maybe I share them with someone else?) of the major religion and, finally, of the largest groups of any class you can think of (hair color, eye color, whatever). That is - I am the most majority person you have ever seen in your whole life or can imagine for the population in question. If I notice that a dog shit in my yard it doesn't make it not so, same thing if I note that some member of All Minority (the opposite of me, minority in ever classification you can think of - that being they are the only one of all instances alive) is a prick drug dealing asshole leader that is doing everything in thier power to use thier minority status to gain absolute power it doesn't change a thing. Either they are, or they are not. It's not racist for someone to think so - it depends on thier reasons.

      Racism/prejudice comes in that you attribute it to thier status or confer those bad qualities because of thier group (and notice that it has nothing to do with if they are either majority or minority). That is, you attribute thier status (good or not or some varying degree of those two states) based not on what they have done, but what group they belong too.

      Being a member of that group doesn't give you the absolute right to criticise misbehaviour anymore than my not being a member of that group prohibits me from noticing that they are, to use a vulgar term explicitly and intentionally, fucktards. I don't care if you are Indian (or the Pc term Native American), Black, White, So Damn Mixed Up You Don't Have A Fucking Clue it doesn't mean you can't look at a person and conclude that they are taking money for political favors and that is wrong.

      Until we become truly blind as far as your "group" you belong too we will never be free of it. I never once thought about you being racist - you provided enough info if I cared I could look it up. I didn't care if you were of thier group or not - it didn't matter. For anyone who it *does* matter your appeasing of them only hurts your general acceptance in the long run (you acknowledge that race matters). Better to just report what you see and respond to the trolls as they come. As done you accept thier premise that race matters, if you later show that you also meet thier pre-requisites for saying bad things about someone (that are, of course, justified) then you make them look stupid instead of reinforcing thier inherrent racism.

      --
      ------- Sorry about the spelling, I suffer from two problems. Dyslexia makes it difficult to spell well, lazy makes it
    35. Re:So, to sum it up by JWSmythe · · Score: 2, Interesting


          Well, in an ideal world, the local vendors would see the loss of sales, and do something about it. You are right though, in the real world, they'll just tack on the extra $5, and more people will start using more various P2P programs.

          It's sad, they see P2P as being the evil. They don't realize that they've brought it on themselves.

          People don't buy magazines, and photocopy every page so they can share it with their friends. They just tell their friends, "Hey, go buy this magazine". That's exactly what's happening with the music though. Even if every P2P application disappeared tomorrow, people would still find a way to rip the music and share it. Even with all the spiffy stuff they're attempting to do, there's nothing stopping Joe User from recording directly from the audio output. Sure, it's not digitally perfect, but he can listen. When I listen to music in my car, it's not digially perfect either. I have a great factory sound system (10 speaker Delco Monsoon), but when it comes down to it, if I'm driving at 75mph with the driver window half down, I still hear lots of wind and tire noise. What's the difference between "really good" and "digitally perfect" in a real world environment?

          If the P2P's went away, we'd be back to the good ol' days of people actually giving each other copies of cassettes. As I recall, in high school, I was perfectly happy listening to copied cassettes, in my car with 4 speakers in it. I copied everything I owned, because the cassettes would get damaged or lost. At least they lasted longer than CD's. I wonder if the music industries will ever consider going to flash media set to read-only. A SD/MMC card would seem to survive better than a CD. Of course, they thrive on the fact that disks get scratched or tapes get worn, so people will buy new copies of things they already own. Sure, cost right now doesn't justify it, but if the music industry was distributing music on them, the price would drop fast.

      --
      Serious? Seriousness is well above my pay grade.
    36. Re:So, to sum it up by JWSmythe · · Score: 1


          Ya, I guess you're right. I was trying to say that I don't have an archive of stolen music and/or programs, and I don't download with the intention of not paying. If stores had machines set up to try various applications on, I wouldn't have the need to 'borrow' it and try it first. It would really be interesting to see somewhere like CompUSA with a bunch of machines set up with all the software apps installed that they sell. Judging by lots of the crap I've 'borrowed' over the years, it's in the best interest of the software companies not to allow that. Video editing specifically, most of them really suck. I really enjoy Blockbuster's game rentals for that reason. I can rent a game, realize it sucks, and just return it. If it's a game someone in the house really likes, I'll buy it.

          If I do download something, it's for the same reason that I would try something at a friends place. Well, assuming that they had the programs I want to try out. :)

          I gave up on Poser because I didn't fully understand how to use it, and I didn't want to bother learning. If I had a friend who was already using it, I'm sure I would have asked lots of questions, and stuck with it. That's a freakin' powerful program. I can't even suggest that they simpify it, because if they did, they'd need to remove functionality. It wasn't really something I needed, and not really something I'd use a lot anyways. For what I do, GIMP is fine. :)

      --
      Serious? Seriousness is well above my pay grade.
    37. Re:So, to sum it up by Snaller · · Score: 1

      is not a criminal offense in most countries

      But still illegal in almost all countries.

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    38. Re:So, to sum it up by SillyNickName4me · · Score: 1

      Well, in an ideal world, the local vendors would see the loss of sales, and do something about it.

      Nope, in an ideal world the problem would not exist to begin with.

    39. Re:So, to sum it up by Anonymous Coward · · Score: 0

      Being a member of that group doesn't give you the absolute right to criticise misbehaviour...

      Yes it does. Where are you from?

      Until we become truly blind...we will never be free of it.

      We will never be free of it, but hopefully in time, with a lot of awareness... we will have fewer long rants about it like yours. If you ask me, you are already truly blind... to the obvious!

    40. Re:So, to sum it up by golgotha007 · · Score: 3, Interesting

      now anyone who owns an island or a small country and is willing to donate the domain name? What would MPAA or RIAA do? They can't invade a country.

      Everytime we have this discussion, I always say the same thing, and here it is again:

      I run a small/medium ISP in Russia. We host tons and tons of copyrighted material. When various bittorrent sites started going down in fear, I spoke with many of the owners on transferring their domain and business to our servers. I was willing to host their content for free! Most of the reason is because I'm not Russian and I don't want to miss the new western movies or latest western television shows (I depend on these sites!).

      The problem is: most of these sites are run by teenagers that are unable to see logic through the thick veil of ego and attitude. They think they know everything. I can't deal with people like that. It totally reminds me of the cracking groups back in the heydey of the Amiga. I refused to deal with it then, I refuse to deal with it now.

      I have since moved on, and found other membership sites where I can get the latest television shows, etc. I don't miss those old attitude sites one single bit. Good riddance.

    41. Re:So, to sum it up by Anonymous Coward · · Score: 0

      FYI, US copyright Law applies to America, and not Slovenia ;)

    42. Re:So, to sum it up by Dolda2000 · · Score: 5, Informative

      I don't know about the US, but here in Sweden, there is a law from the BBS era that holds sites free from any responsibility of linking to copyrighted material, as long as they don't host the material themselves. That is what keeps ThePirateBay afloat (since that's basically the way Bittorrent works).

    43. Re:So, to sum it up by Ironsides · · Score: 1

      More likely the prosecutor looked at the case, and figured he shouldn't put much effort into prosecuting a countryman for the benefit of American movie studios.

      You incorectly assume that US movies were the only thing traded on that site. Among others, copyrighted works from Japan were as well. SuprNova had a whole host of things being shared, the movies were merely one small part. European TV shows were another that were being traded.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    44. Re:So, to sum it up by Tim+C · · Score: 1

      Without knowing the details of Slovenian copyright law, I'd guess that it was dropped because he didn't actually do anything wrong.

      Or possibly, they were sure that the guy *had* done something wrong, but their lawyer/legal team or equivalent convinced them that they didn't have enough evidence to make a success likely enough to be worth it. The site was shut down, there was little or nothing else they could realistically gain; why bother?

    45. Re:So, to sum it up by moro_666 · · Score: 2, Interesting

      ofcourse isp's can record the leases, but do they hold the records for leases for years after they were given ? doubtful. but this is the time by which they will get the issue into the courthouse to get a warrant for getting information from my isp's :)

      no isp is giving away such information just like that.

        another way to do it would be live near a cafe/hotel/any-other-public-facility with an open wifi network so they'd get the blame. with today's "inventions" of parabol wifi antennas, you can go a few miles away from the AP :p

      --

      I'd tell you the chances of this story being a dupe, but you wouldn't like it.
    46. Re:So, to sum it up by matija · · Score: 1

      It's a bit more than that, actualy:
      it says he was charged with "Aiding and abetting copyright violation"
      But you are right that this is just the letter saying that due to the
      charges being dropped, the items which have been in police custody would
      be returned (two personal computers and four servers).

      This document does not deal with why the charges were dropped, that is
      probably a separate document.

      --
      Duct tape + WD40 => DevOps
    47. Re:So, to sum it up by Anonymous Coward · · Score: 0

      Yeah, but I hear thy run a couple of countries just in case they need to. USAA or something I think one of them was called.

    48. Re:So, to sum it up by v1 · · Score: 1

      With just the server records, it's not possible to prove that someone infringed. As you pointed out, no copyrighted data is sent to the server. The clients merely report that they are completing pieces. It would be trivially easy to modify a BT client to lie throug its teeth all day long saying it's receiving pieces when in fact it is merely connecting to the swarm and ignoring all the peers. What the server has we would call "circumstancial evidence". It may help increase the likelyhood of guilt or make real evidence look more credible, but in and of itself it proves nothing.

      If I write a letter to a friend and say "I robbed FSB bank last week", and the bank was indeed robbed last week, that letter is circumstancial evidence and makes me a suspect. It does NOT prove that I robbed the bank. For that you require evidence.

      I suspect this is why the case was dropped. The only reason he was roughed up the way he was is because either (A) as some suspect, some money changed hands, or (B) the prossicutor did not have a good understanding of what laws had ellegedly been broken. The proessicutors are on a budget just like the rest of the world, and it wastes their money to chase around a case that cannot be brought to trial, money that could be spent investigating cases that are more likely to result in a conviction. So unless someone was funding them or someone screwed up, this would not have happened.

      I personally believe some money changed hands, and that the prossicutor knew there was no case, but still took it on to get himself or his department their cut. Just a matter of the RIAA or some derivitive thereof paying off a legal system to scare someone to quit doing something that technically isn't illegal. Considering the impact they got, they probably consider it to have been a very good deal for the money. Since they were only rewarded for their actions, this means they'll probably do it again.

      --
      I work for the Department of Redundancy Department.
    49. Re:So, to sum it up by Skye16 · · Score: 4, Funny

      Yeah, I'm sure they're chomping at the bit to host my porn.

    50. Re:So, to sum it up by MoonBuggy · · Score: 2, Informative

      You could always try HavenCo. It's located in Sealand and appears to be pretty much off limits to near enough everyone.

    51. Re:So, to sum it up by muffen · · Score: 4, Informative
      Know anyone who owns an island or a small country and is willing to donate the domain name? What would MPAA or RIAA do? They can't invade a country.

      In the case of supernova they probably bribed the police into doing all this scaring tactics. As far as I know the police in Eastern Europe is not really interested in piracy and computer fraud, they got other things to worry about and besides, some countries don't even have good laws concerning computers and internet BUT for a large enough bribe the police in those countries will arrest and scare anyone regardless of the crime.
      Well, it's not really working that well for them in all countries, take a look here: Legal Threats against ThePirateBay

      EU, efficient as it is, normally takes 5 years to answer a question on how a law is to be interpreted, plus the EU cannot in itself enforce any laws but rely on the member states to do so. In the case of ThePirateBay, Sweden sees itself as having followed the EU directive. If they haven't, well, ask the EU as to how the law is to be interpreted and wait 5 years, at the very least, for an answer :)
      Then ofcourse you need to wait approx. 2 years more for Sweden to make a lawchange and then about another year for the law to be enforced, so I'd say time is on your side!

      Ofcourse, DMCA or any other US specific laws do not apply in Sweden so TPB, or any other bittorrent tracker you wish to open, is completly safe and cannot be shutdown or forced to remove material in any way shape or form (as decided by the Swedish Supreme Court in 1996, linking to copyrighted material is not against the law). Hence, you do not need an island or a small (well, not that Sweden is that big but still) country in the middle of nowhere. Simply host the site in Sweden and you're set!
    52. Re:So, to sum it up by m93 · · Score: 1

      You got a quote by ol' Gen'ral Sherman on your sig......well, since you are of native blood, then you should be aware of another quote that he is known for: "The more [Indians] we can kill this year, the less will have to be killed the next year, for the more I see of these Indians, the more convinced I am that they all have to be killed or be maintained as a species of paupers."

    53. Re:So, to sum it up by advid.net · · Score: 1
      That's what I say:
      • some ISPs keep leases records for a few months
      • a courthouse request is needed to get the information from the ISP

      You are right on this point: by the time they ask for it, records may be gone ... or not, depending on your ISP policy and your country.

      BTW check those ISP who claim that they don't record leases, for instance I think the french ISP "Free" still do not record but may be obliged to do so by the law soon.

    54. Re:So, to sum it up by adam1101 · · Score: 1

      I guess we just need a decentralized system which makes it practically impossible to track down what was downloaded from who and when. Bittorrent will have to change to protect it's users from RIAA & Co. If Bittorrent won't change, it will be replaced by a program that will.


      From the February 12 2004 NYT interview with Bram Cohen:

      Using BitTorrent for illegal trading, he added, is "patently stupid because it's not anonymous, and it can't be made anonymous because it's fundamentally antithetical to the architecture."
    55. Re:So, to sum it up by Anonymous Coward · · Score: 0

      Astounding speech, I am going to take your advice to become truly blind and spoon my eyes out now.

    56. Re:So, to sum it up by gnasher719 · · Score: 1

      '' They still don't understand, bringing the costs down would solve a lot of their problems. If I can get an album (record, tape, cd, or whatever) for $5, why bother pirating it? But, looking at a $20 price tag, that may encourage me to pirate. At $5 each, I'd consider actually going to the store and buying music ''

      Here in England, you can buy illegal copies of most new DVDs in appalling quality for about five pound, when the top-quality original DVD sells for say £14.95. It proves that there is a market for DVDs in lower-than-normal quality at lower-than-normal price. It should be easy for the movie industry to get rid of those pirates by just selling the same DVDs at lower quality and lower price.

      Usually, I have a choice of buying a DVD at a higher price or a video at a significantly lower price. I know the video has lower quality, but many people buy them because they are cheaper. However, many people would be willing to buy low-price DVDs with artificially reduced quality (from a store instead of market stall).

    57. Re:So, to sum it up by Fnord666 · · Score: 1

      At least he got his equipment returned. In the US he would probably have to file in court to get his confiscated equipment back even though no charges were filed.

      --
      'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
    58. Re:So, to sum it up by daikokatana · · Score: 1
      ofcourse isp's can record the leases, but do they hold the records for leases for years after they were given ? doubtful. but this is the time by which they will get the issue into the courthouse to get a warrant for getting information from my isp's :)

      no isp is giving away such information just like that.

      Not quite - as of 2006, we're faced with a new law in Europe which basically forces every ISP to keep such information available for at least one year. This to facilitate investigations made by the police, aid in government actions, etc...

      The information that is supposed to be stored includes your IP address, duration of the communication, type of communication, and a link to your details (so they can link your IP to your username and thus your personal information). The communicated data is not supposed to be stored.

      I know of at least 2 major ISPs in Belgium who have already set up such a system in the course of 2004/2005.

      Furthermore, a simple court order is enough to force the ISP to open up said information to anyone who wishes to investigate this information.

      --
      http://jcsnippets.atspace.com/ - a collection of Java & C# snippets
    59. Re:So, to sum it up by rbochan · · Score: 2

      well... perhaps if its kiddie porn...

      --
      ...Rob
      The American Dream isn't an SUV and a house in the suburbs; it's Don't Tread On Me.
    60. Re:So, to sum it up by Anonymous Coward · · Score: 0
      Yeah, I'm sure they're [The Vatican] chomping at the bit to host my porn.


      Wow. Makes me wonder what kind of porn you have.
    61. Re:So, to sum it up by galebovitz · · Score: 1

      They still don't understand, bringing the costs down would solve a lot of their problems. If I can get an album (record, tape, cd, or whatever) for $5, why bother pirating it? But, looking at a $20 price tag, that may encourage me to pirate. At $5 each, I'd consider actually going to the store and buying music. Hmmm ... I haven't the industry losing DVD or CD sales because of the price. They are in a economically powerful position because people will buy their content in high volume at high margins. When people stop paying $15 to $25 for CDs and DVDs, then the industry will change. Until them, intimidation seems to be a good way of protecting profits. I personally do not get enough enjoyment from popular movies or music to justify paying the price. I don't pirate, I just don't listen or view until they hit broadcast TV or Radio.

    62. Re:So, to sum it up by cavemanf16 · · Score: 1
      Such a thing already exists, but it's very much like Freenet, and therefore basically in a non-existent state since very few people use it.

      From MUTE's homepage:
      MUTE protects your privacy by avoiding direct connections with your sharing partners in the network. Most other file sharing programs use direct connections to download or upload, making your identity available to spies from the RIAA and other unscrupulous organizations.

    63. Re:So, to sum it up by kevin.fowler · · Score: 3, Informative

      Free-range torrent hosting and great gingerbread cookies. That's reason enough to move.

      --
      Bury me in mashed potatoes.
    64. Re:So, to sum it up by MattBurke · · Score: 1

      Who's to decide if I'm illegally downloading, or if I already own that CD and just couldn't be bothered ripping it myself?

    65. Re:So, to sum it up by Cigarra · · Score: 1

      How many division does the Pope have?

      --
      I don't have a sig.
    66. Re:So, to sum it up by vertinox · · Score: 1

      However, if a Nation-State has a relationship with the United States, there will be treaties and frameworks usually that'll help shut this stuff down. Plus, your ISPs could just block thier domain names.

      Maybe if you could convince North Korea to be a webhost. Of course you'd have to tag each page with "Kill Jong Il rulz!", "Die Capitalist Pigs!", and only after each video has been properly screened...

      Though seriously... North Korea is pretty hard up for money these days and is looking for economic help so if you offered money, technology, state secrets, or food aid they might be willing. Although this might arouse serious suspicions from the CIA though...

      There is always Somalia but you'd have to hire your own private army.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    67. Re:So, to sum it up by Entropy · · Score: 1

      For the record, I don't pirate.

      Good for you, and neither do I!

      But my guess is, that when you say "I don't pirate", you _mean_ you don't d/l music, movies, etc, without paying for them.

      I'll openly admit, I do.

      But then, please remember piracy is RESELLING that which one does not own. Simple downloading != piracy ... and calling it such plays into the hands of the **AAs.

      What is happening is an economic shift whereby the old business model of the **AAs as middlemen is becoming an economic burden rather than an economic necessity. And as Mal Reynolds pointed out "middlemen don't take too kindly to being eliminated".

      --
      The sea changes color, but the sea does not change.
    68. Re:So, to sum it up by pizzaman100 · · Score: 1
      However, many people would be willing to buy low-price DVDs with artificially reduced quality (from a store instead of market stall).

      Good point Miscrosoft does this all the time - Office and Works, XP pro and XP home.

    69. Re:So, to sum it up by Anonymous Coward · · Score: 0

      Know anyone who owns an island or a small country and is willing to donate the domain name? What would MPAA or RIAA do? They can't invade a country.

      Try Sealand.. http://www.sealandgov.com/ Its not under UK law so it would be hard for the RIAssA to touch you.

    70. Re:So, to sum it up by Prophet+of+Nixon · · Score: 1

      Common sense?

      Most of the music files on the net are crap, either low bitrate or from bad sounding rippers. If you had the cd already, you could rip it with little to no effort in 2-3 minutes. Why settle for unknown and potentially bad quality when you can do it right yourself?

      Only way I could buy that defense is if the original disc was damaged.

    71. Re:So, to sum it up by Elaarni · · Score: 1

      You incorectly assume that US movies were the only thing traded on that site. Among others, copyrighted works from Japan were as well. SuprNova had a whole host of things being shared, the movies were merely one small part. European TV shows were another that were being traded.

      And you incorrectly assume that there were actual copyrighted materials on that site. Read up on bittorrent and how it works, you may want to revise your statement.

    72. Re:So, to sum it up by Anonymous Coward · · Score: 0
      You know at the same time, the only torrents I really ever saw on suprnova were mostly pirated things. Sure there was a torrent for openoffice and one for gentoo and what have you but the vast majority was pirated stuff.


      While you may not agree with it and while in a very strict technical definition of the law in some countries he didn't break the law, I think we all know what the intent and the effect was.


      We can keep playing this game, it just lowers the threshold and changes the target. Wait until a couple of universities get sued for torrents hosted from their network.

    73. Re:So, to sum it up by Anonymous Coward · · Score: 0

      How about this one

      http://www.sealandgov.com/

    74. Re:So, to sum it up by elrous0 · · Score: 1
      Simply host the site in Sweden and you're set!

      If you're in the states, you'd better move there too. Otherwise, the NSA might just be monitoring all your communications with your host. King George himself authorized it.

      -Eric

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    75. Re:So, to sum it up by Minna+Kirai · · Score: 1

      You incorectly assume that US movies were the only thing traded on that site.

      So, what percentage of Supernova's files were by Slovenian publishers? Please tell us, it should be really interesting!

    76. Re:So, to sum it up by Minna+Kirai · · Score: 2, Interesting

      Who's to decide if I'm illegally downloading, or if I already own that CD and just couldn't be bothered ripping it myself?

      Yes and yes. Just because you own a CD and could legally make an MP3 doesn't make it legal for you to download an equivalent MP3. People have been sued (and lost) on those exact grounds.

    77. Re:So, to sum it up by Minna+Kirai · · Score: 1

      You'd need a very well armed small country, only one appears to be a possibility...

      For the near term, use Iran. True, the USA military is right nearby in Iraq, but they are too scared of enraging the border fighting there to make any deep strikes.

      The key advantage of Iran is that you don't need any special arrangements with the government, because international copyrights do not apply there. File-sharing is fully legal in Iran, because USA copyrights have no authority there.

    78. Re:So, to sum it up by pegr · · Score: 2, Insightful

      If you're in the states, you'd better move there too. Otherwise, the NSA might just be monitoring all your communications with your host. King George himself authorized it.
       
      I call shenanigans. Have you read "The Puzzle Palace"? They have been doing this for decades. Ole George had nothing to do with it (apart from allowing it to happen, just like the last 10 presidents...).

    79. Re:So, to sum it up by Ced_Ex · · Score: 1

      Astounding speech, I am going to take your advice to become truly blind and spoon my eyes out now.

      Bah... I would have thought you would you use LASERS!!!!

      --
      Live forever, or die trying.
    80. Re:So, to sum it up by Caiwyn · · Score: 1

      Actually, in regards to why SuprNova went offline, nothing actually happened. He just got nervous and took it down. The police didn't show up until afterwards. I suppose that technically means something did happen, but it wasn't a cause for SuprNova going offline. Dude got scared. I would too, were I in his position.

    81. Re:So, to sum it up by MacJedi · · Score: 1
      Yes and yes. Just because you own a CD and could legally make an MP3 doesn't make it legal for you to download an equivalent MP3. People have been sued (and lost) on those exact grounds.

      A few comments:

      1. This does not sound right to me. Can you cite an example where someone lost a lawsuit over downloading a copy of a copyrighted work which they legally owned in another format?
      2. Generally the infringing party is the one offing up the copyrighted work for downloading, not the downloader. (This, of course, may vary from country to country.)
      3. Even if downloading copies of media that you outright own is illegal, and I can see why the RIAA/MPAA would wish it to be illegal, why should it be illegal? It makes no sense under any moral system I am familiar with.
      --
      2^5
    82. Re:So, to sum it up by dnoyeb · · Score: 1

      Thats Economics 101. You need the Marginal product to increase the appeal of the elite product. All industries do it. They don't actually intend to sell the marginal product though.

      So they would call it 'Low Quality DVD' or something to scare away current 'normal quality' buyers but at the same time put out of business those cheap DVD sellers.

      Instead of using standard economics, they try to use laws.

      Most common example is store brand goods that they try to put in real ugly packaging.

    83. Re:So, to sum it up by crabpeople · · Score: 1

      "if you are really intent on pirating other people's property, and it's not about "Sharing", come on"

      The best argument for not pirating is "come on" ? that may have worked for the bloods and the crips but you wont get me falling for that so easily. It is 100% about sharing. Its about keeping content and information alive and having it reach the most amount of people possible. In my opinion, its far more important that everyone has free easy access to content then to line the pockets of the very rich. Would you deny the poor college student from watching a movie like Dr Strangelove, that could change their life? What if they didnt have the $9.95 to buy it? They shouldnt be alowd to watch it because some company owns the rights to have it locked in a vault for the rest of time?

      Please. This is why all the "something think of teh movie studios!!" crap breaks down. The idea of music/movies/art is to tell a story. Not to make money. FREE Storytelling has been a part of human history since the dawn of man. Just because in the last 150 years people decided that they could make a quick buck off of it doesnt change this fact.

      "it's about gettng crap for free, look at Indian Reservations"

      Oh your a racist too. Nice. (P.S. you can be racist against your own race. I dont know when you decided jsut because you are native that makes it ok to insult all natives.)

      --
      I'll just use my special getting high powers one more time...
    84. Re:So, to sum it up by Anonymous Coward · · Score: 0

      Please leave the utopian justifications out of this. I use p2p and newsgroups as much as anyone on here, and i do it cos i like free stuff.

      I agree with your points about telling stories, but things like movies and music DO cost money to make and distribute.
      Make no mistake, the industries that make this stuff have got very bad and greedy, but there are people who rely on this industry to feed their children and pay for a roof over their heads.

      Yes older works should be more accessible and classics should be definitely available to students.... BUT
      What you are talking about is the problems with the industry, if you were a 3d animation specialist with university fees to pay back then you would expect to get paid for your work on a big movie... wouldnt you? Or does the utopian crap stretch as far as you yourself being out of work and out of money?

    85. Re:So, to sum it up by MoneyT · · Score: 1

      It would be my assumption that his declaration of his nationality has less to do with associating himself with a group to gain rights to criticize and more to do with establishing his experiences for purposes of indicating he's not some fat redneck slob who got drunk, lost a ton of money in a casino and now has an axe to grind.

      Your hypersensitivity to racial issues seems to idicate you are not as blind to color as you appear to be.

      --
      T Money
      World Domination with a plastic spoon since 1984
    86. Re:So, to sum it up by TheScottishGuy · · Score: 1

      oh i don't argue that, i think you're right, if you're gonna download music/movies/games etc. don't use the "information wants to be free" excuse, just be honest and tell us you're too cheap to buy it, I am, if something's really good i'll buy it rather than download it, but if i do download something i'm not going to try to fool myself into thinking it's not just me being a cheap theiving bastard.

    87. Re:So, to sum it up by dourk · · Score: 1

      Oh, good idea. I'll stop now.

      --
      Wake up.
    88. Re:So, to sum it up by MoneyT · · Score: 1

      Would you deny the poor college student from watching a movie like Dr Strangelove, that could change their life? What if they didnt have the $9.95 to buy it? They shouldnt be alowd to watch it because some company owns the rights to have it locked in a vault for the rest of time?

      Would you deny the poor Grip who worked long a tireless hours on the film, or the code monkey who put together the special features or the assembly line worker at the dvd plant the ability to eat? What if they didn't have any other income? Should they not be allowed to eat because some god damned college kid can't be bothered to go flip burgers for two hours and buy the movie?

      Please. This is why all the "something think of teh movie studios!!" crap breaks down. The idea of music/movies/art is to tell a story. Not to make money. FREE Storytelling has been a part of human history since the dawn of man. Just because in the last 150 years people decided that they could make a quick buck off of it doesnt change this fact.

      Ah, but paid entertainment has been around just as long. Just because you don't think it's worth paying for does not change that fact.

      --
      T Money
      World Domination with a plastic spoon since 1984
    89. Re:So, to sum it up by Kehvarl · · Score: 2, Funny

      Yeah, I'm sure they're chomping at the bit to host my porn.

      Well, they are the world's largest providers of the Host...

    90. Re:So, to sum it up by ultranova · · Score: 1

      But for static ip address users, this is quite a punch. They can come and knock on your door any time now, they know that you fetched the illegal copies of music and movies and they have copies of server data records that proves it.

      They have a file (or possibly printed papers) with some numbers in them. Anyone could forge server logs, and consequently, they prove absolutely nothing. Of course the courts might admit them as evidence anyway, but they shouldn't.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    91. Re:So, to sum it up by Anonymous Coward · · Score: 0

      please remember piracy is RESELLING that which one does not own

      You are incorrect. "Piracy" (in this parrot- and pegleg-free context) is the act of making a copy of a copyrighted work without permission. The whole point of the "copy right" is that it is the right to make authorized, legal, copies. You do not have such a license to make copies. Therefore, any copy you make of a work you do not own, even "just for your own use" is illegal. Not charging others does not make it legal.

      "Fair use" does not extend to copying entire works and using them to avoid paying for a copy.

    92. Re:So, to sum it up by Cramer · · Score: 1

      It still doesn't matter. If A sends to B via C, then B will simply be unaware of A; watching the traffic at B will not incriminate A... It will incriminate C. To the letter of the law, both A and C are violating copyright law (unauthorized distribution), but only C will be immediately evident. Given the nature of such networks (everyone is an intermediary), by definition, every node in the network is violating copyright law.

      Bram is correct on one point... there's no such thing as anonymous. When packets arrive at a computer, there's very little wiggle room in hiding where they came from. It's extremely easy to trace them all the way back to their source. (and various laws are forcing this to be easier every day.)

    93. Re:So, to sum it up by Truekaiser · · Score: 1

      no the article states that they are going to return his equipment but he has not gotten it yet.
      my bet is he will:
      a. never see his equipment again.
      or
      b. he will get it back in a non-working condition, they never claim they treat the stuff with care.

    94. Re:So, to sum it up by spiki · · Score: 0, Flamebait
      Ahh... How did he got +5? Did he bribe some admin from Russia or what? :)

      Slovenia isn't or has ever been in Eastern Europe :) Look some maps you filty yank. It's between Italy, Austria, Hungary and Croatia.

      This is my tertiary acc so i don't mind burning carma

      Step 1: Write some dumbass comment.
      Step 2: Bribe admins to get modded up.
      Step 3: Profit.

      --
      I sell frozen yogurt which i call frogurt
    95. Re:So, to sum it up by ConceptJunkie · · Score: 1

      How many division does the Pope have?

      I dunno, but his Boss once claimed He could summon 12 legions of angels if He wanted. :-)

      --
      You are in a maze of twisty little passages, all alike.
    96. Re:So, to sum it up by C0rinthian · · Score: 1
      Please. This is why all the "something think of teh movie studios!!" crap breaks down. The idea of music/movies/art is to tell a story. Not to make money. FREE Storytelling has been a part of human history since the dawn of man. Just because in the last 150 years people decided that they could make a quick buck off of it doesnt change this fact.
      Okay, you're an idiot and know nothing about the history of the arts. Making money for artistic endeavors is NOT some radical new concept. Why did Michaelangelo paint the Sistine Chapel? Because he was comissioned to do so. Bach's massive body of cantatas? Contracted by the Catholic Church.

      People use their skills to make a living so they don't starve in the street. Artists are no different.
    97. Re:So, to sum it up by cavemanf16 · · Score: 1
      No, you're not fully understanding how MUTE works.

      A sends to B via C, fine. B is unaware of A, true. Watching the traffic at B will not incriminate A, also true. But it CANNOT incriminate C either, not by this train of thought. Basically MUTE is a network with encrypted, virtual addresses and encrypted searches that are seeded with their random values for the encryption algorithms at client runtime. Therefore, not only does B not know who A is, but A doesn't know who B is either. C, being simply an intermediary, could jump on or off of the network at any time, thereby causing re-routing through other nodes to get the content from point A to point B. So let's say C is simply downloading live performances - a well documented fair-use act. C happens to push some copyrighted content from A to B or vice versa while doing its own thing. 1) C cannot see the content going from A to B without decrypting the content, and C doesn't have the keys to do that since the transaction is A to B only. 2) no "spying" by a 3rd party would be able to incriminate any party because it doesn't have encryption keys to the content, and cannot determine exactly which addresses the content is going to or from without actively monitoring every single connection to any node from A, B, or C. (The virtual address for A, B, or C is dynamicly determined every time a connection is established I believe.) See MUTE's description on this topic here.

      Now I will grant you that this type of network would only work well if used by a lot of users at once, to maximize node connections and re-routing over the network to make it nearly impossible for any outside entity to isolate any one node long enough to decrypt the virtual addresses and/or encrypted packets being sent over the network. OR an outside entity would somehow have to prove that a multitude of people are all engaging in illegal activity and go after the entire network all at once... again, a very nearly impossible feat with lots and lots of users.

      MUTE is just not as simple as you made it out to be.

    98. Re:So, to sum it up by Anonymous Coward · · Score: 0

      You incorectly assume that US movies were the only thing traded on that site.

      No, but they were the only thing the "owners" of are completely nuts.

    99. Re:So, to sum it up by powerlord · · Score: 1
      How many division does the Pope have?


      I dunno, but his Boss once claimed He could summon 12 legions of angels if He wanted. :-)


      Damn! If the last 18 I've seen are any indication, I do *NOT* want to be the one to take on 12 legions ...

      "God's In His Heaven... All's Right With The World"
      --
      This space for rent. All reasonable inquiries will be entertained at proprietors discretion.
    100. Re:So, to sum it up by drgonzo59 · · Score: 1

      +5 Flaimbait - 3. Profit?

    101. Re:So, to sum it up by idontgno · · Score: 1

      But you'll have the Devil's own time getting the authorities there to permit you to host decadent and indecent Western media... at least, where their own citizens could get to it.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    102. Re:So, to sum it up by Wyatt+Earp · · Score: 1

      Ending the Confederacy by marching through Georgia, the Carolinas and then into Virgina outweighs anything Sherman said or did in the Indian Wars after 1865.

      Also, I'm not "of Native Blood", I'm an American with American Indian ancestors, along with German and Irish.

    103. Re:So, to sum it up by drgonzo59 · · Score: 1
      You have been watching the sappy MPAA ads before the movies with all the sad stories of set designers and grips who had the bread stolen from them by those evil pirates. Next time you see that substitute in your mind instead of the grip/set designer a rich executive from Sony/BMG or Universal in his beach-side mansion talking how he will not be able to buy his 16 year old daughter a Ferrari anymore and she will be forced to drive just a Mercedes this new year.

      The point is that most of the money is going into those rich executive's pockets and not to the grips and set designers and not even to the artists. If you really want to help the grips have a talk with the executives and ask them to share a part of their billions with the workers. I

    104. Re:So, to sum it up by Wyatt+Earp · · Score: 1

      By being 100% about Sharing, it's about trading files and data that belong to someone else without paying for it, pure and simple. If the P2P sites spent the majority of thier bandwidth sharing non-copyrighted materials, then your argument would be a little more sound. However I've been on supernova and I've downloaded from bittorrent and I'd reckon about 90% of the links were for copyrighted films, music and software.

      "In my opinion, its far more important that everyone has free easy access to content then to line the pockets of the very rich." That's based on what? The UN Decleration of Human Rights? The Bill of Rights? What? And what about the people who publish software or a book and aren't "Very Rich"?

      Storytelling has been a part of human culture for a very long time, we don't know if it's since the dawn of man, but whatever. That said, Artists have been paid for thier work and commissioned for thier works for thousands of years. Sophocles to Bach to Riefenstahl to Lucas have all be paid or commissioned for thier pieces.

      As for being racist, if one points out a political issue or weakness, then they are racists? So by that, anyone Black who says Al Sharpton is a demagogue or anyone in the United States who says G.W. Bush invaded Iraq illegally is a racist by your measure. In short, everyone is racist by your definition.

    105. Re:So, to sum it up by Wyatt+Earp · · Score: 1

      My little footnote wasn't about being able to criticize them based on "race". It's more about the fact that I have years of first hand and first person knowledge of how a Reservation's government works in this day and age. Now if I'd said I was from a Reservation, I might have been White living there and by that a Racist. Now if I'd said Reservations and Tribal Governments were corrupt, since the vast majority of Americans aren't Indian, people would assume I wasn't Indian and I'd by a Racist.

      The fact that one is an Indian or has lived on a Reservation IS relevant since the vast majority of Americans and Canadians don't live on Reservations, haven't come into contact with American Indians and/or hasn't the faintest idea how a Tribal Government works.

    106. Re:So, to sum it up by stinerman · · Score: 1

      Yeah, but have you seen the prices?

    107. Re:So, to sum it up by Anonymous Coward · · Score: 0

      I love reading those legal threats. I just wish their was video of the lawyers for the big media companies actually reading those emails. The looks on their faces have to be priceless.

    108. Re:So, to sum it up by alc6379 · · Score: 1
      Good point Miscrosoft does this all the time - Office and Works, XP pro and XP home.

      Actually, no-- Microsoft does not do this.

      Not trying to defend anyone here, but Office and Works are aimed at two different consumer segments, as are XP Home and Pro. While one does lack functionality compared to its counterpart, it's more along the lines of a company selling a truck with a tow winch and one without-- not every customer needs that functionality.

      --
      I don't moderate anymore. Karma penalty for 90% fair mods? Can I mod that unfair?
    109. Re:So, to sum it up by watermodem · · Score: 1

      http://en.wikipedia.org/wiki/SealandPrincipality of SeaLand

    110. Re:So, to sum it up by Cramer · · Score: 1

      No. You just don't get it. Every packet arriving at "B" comes from a valid, routable IP address. This is REQUIRED as it has to acknowledge the data it's receiving. This is how TCP works. There's basically no way around it. (local network spoofing and multicast aside) If you're trying to send files across the internet using UDP, then it's critically important to be able to talk to the thing sending the traffic because packets ARE going to be lost.

      It doesn't mater who originates the data; B got it from C. B knows it came from C. Anyone watching can see B received a packet from C. Encrypting the payload will not protect you -- certainly not for ever. (Don't assume B is the only one that can decrypt it... weak encryption, compromised machine/keys, or complicit "spy"/"mole"/etc.) The mere fact that packets are splintered throughout the network makes a case against every node in the network... all it takes is one illegal distribution into the mesh to potentially hang everyone. And don't think the RIAA/MPAA won't file a suit against thousands of Doe's.

      There's no network equivalent of floppy disks materializing out of thin air on your desk when no one is looking. Every packet is coming from somewhere; and that somewhere is tracable. You don't have to know an item is stolen to be arrested for possesing/selling it... encrypting the traffic being shuffled around will not protect you. (if common carrier provisions applied (and they don't), there'd be no need for crypto... you'd be "hidden" by the bouncing through various intermediate nodes.)

      Granted, the larger the network, the harder it will be to drag everyone into court and sort out who sent what to whom. But we already know few of such cases ever make it to court anyway, most are settled long before going before a judge -- it's all about extorting you out of your money.

    111. Re:So, to sum it up by Anonymous Coward · · Score: 0

      FAWK all of them.
      The webpages were their own, and they "published" the torrent files after they were submitted and "reviewed."

    112. Re:So, to sum it up by MoneyT · · Score: 1

      It doesn't matter whether 20% or 1/20% that goes to the workers, the point is, they're still not getting it. I haven't been watching any sappy ads, but I have been on the production end of alums before. A lot of hard work and effort and energy goes into something like this, and while I personaly do not get all up in arms over some piracy and fully acknowledge that production of something does not guarantee or entitle one to profits from it, I do get rather annoyed by people who think they are on some god damned noble crusade when they pirate the product. While the executives may be evil as hell for raping everyone else for 99% of the profits, you are worse than all of them because you are depriving me of the last 1%. Unless you are personaly sending a check to every single person involved in every thing you pirate, dont pretend you're any more noble or any less greedy than the executives.

      --
      T Money
      World Domination with a plastic spoon since 1984
    113. Re:So, to sum it up by Anonymous Coward · · Score: 0

      stagehands and designers get paid pre-royalties. the angels invest and hope to get that money back and then some. if the angels don't think the'll get their money back they won't invest and the show won't have the money to get off the ground in the first place, so no one gets hired. piracy may reduce potential profits (for the angels) but is not taking food out of the mouths of those who need it. we also don't get money when you rent or buy a movie.
      IAAUS (I Am A Union Stagehand)

      go download mel brooks "the Producers"

    114. Re:So, to sum it up by cavemanf16 · · Score: 1

      Every packet arriving at "B" comes from a valid, routable IP address. This is REQUIRED as it has to acknowledge the data it's receiving. This is how TCP works. There's basically no way around it.

      Yes, I know this, but if you track back the packet arriving at point A to point C, then where do you go? So what if point C got the packet, because you can't unencrypt (easily) which computer sent that packet to C in the first place. (As long as you have many packets coming and going through each node, which goes back to me saying you need lots of users to make it a viable p2p scheme for this sort of privacy to really work.) MUTE decrypts the incoming packet (with a valid TCP/IP address, I know how that works), and then re-encrypts the packet using client C's random seed for encryption, and sends it on to the next destination. Each node keeps doing this repeatedly, and ultimately you "could" track a packets origin if you could monitor EVERY connection to other nodes that a particular computer has, but if you have a lot of users on the network that can be quite a difficult task to accomplish. If you actually RTFA on MUTE's site you would realize this.

      And don't think the RIAA/MPAA won't file a suit against thousands of Doe's.

      I know they would against thousands, hence the need for LOTS of users as I originally stated. Millions of users is definitely different than a few thousand lawsuits. Judges wouldn't like sudden influxes of thousands of cases on their dockets all at the same time, which is what would have to happen. Sue EVERY network user, or none at all. You can't pin just several thousand "worst offenders" down in MUTE.

      There's no network equivalent of floppy disks materializing out of thin air on your desk when no one is looking. Every packet is coming from somewhere; and that somewhere is tracable. You don't have to know an item is stolen to be arrested for possesing/selling it... encrypting the traffic being shuffled around will not protect you.

      Again, if you had RTFA about how often MUTE re-seeds the random encryption on each client machine, you would understand that being able to efficiently, or even accurately track back which packet came from where is nearly impossible.

      Look, I'm just trying to point out that you're putting too much reliance in a flippant comment from Bram Cohen. Woop-tee-doo, so yes everyone is not truly anonymous online. And no one is truly safe in their homes behind their security systems, however elaborate it may be. But using a full motion-sensored, video camera, ADT-style with rabid pit bulls off the leash prowling along the fence perimeter security system is certainly better than a couple of deadbolt locks on flimsy wooden doors, right? Same thing goes for a system like MUTE compared to a Kazaa.

    115. Re:So, to sum it up by drgonzo59 · · Score: 1
      Actually I would really like if artists had an option of donating money. I would go and just donate to the artist.

      And I don't think pirating is right, but I don't like the scams run by the recording studios ($20 for disk is a scam if you ask me). So I have not bought a single CD for about 3 years now. I got some music off iTunes, in rest I downloaded free remixes of songs of some artists I like and then listened to the radio and to my old CDs.

    116. Re:So, to sum it up by drgonzo59 · · Score: 1
      I just want to point out that the magazine analogy and music doesn't work. Digital products are not the same as tangible material products.

      A photocopy of a magazine would take a long time and the quality would be pretty bad - in other words I would have to part with my magazine for a long time to let my friend photocopy it and the quality of graphics he would get would be far worse. Also photocopying could cost quite a bit. It would be in our both interests for him to go buy the magazine.

      With a CD (data or music) I can make an identical copy (as far as quality is concerned) in under 3 minutes. So 1) I don't part with my copy of the product. 2) My friend gets an identical product 3) The cost of blank CDs is really low (I buy them in packs of 100). In this case it would not make any sense to send my friend to the store and have him pay $20 for music if I can make a copy for him.

      As far as SD/MMC go, some of them suffer from dead bits - so over time the bits would go 'bad'. I am not sure how it compares with a CD but I know it happens. In case of a handheld PC I had (Zaurus) I used to mount the compact flash card with the noatime option so every time the files where accessed (even just for reading) a timestamp wouldn't be written back to the media because there is a limited time a single bit could be re-written before it goes 'bad'.

    117. Re:So, to sum it up by einhverfr · · Score: 1

      IANAL

      FYI in the US, there is secondary liability for civil copyright infringement.

      Sure, but "his services made it possible" isn't good enough. I think that the general approach is a common law approach based on the idea of bad faith. In other words, one would have to intentionally (rather than merely knowingly) enable it. IMO, this was the basis of Betamax-- that the mere knowledge that a VCR could be used for infringement was not good enough as long as Sony could say that they were selling the VCR for its legal uses. OTOH, in Grokster, the court ruled that it was possible (and hence justiceable if found to be true) that Grokster was not just selling their services for legal purposes, i.e. that they were actively encouraging copyright infringement.

      So in the US, merely hosting a search engine would probably provide some protection to you. However, if you then go out and encourage people to use your services because you are giving them access to infringing works, that is likely to be over the line, but IANAL and that is just my reading of Betamax and Grokster.

      --

      LedgerSMB: Open source Accounting/ERP
    118. Re:So, to sum it up by MoneyT · · Score: 1

      There's more to it than just the artist. Let me walk you through a production for a CD that I recently helped put together.

      1) You need to pay the artist.

      2) You need to pay any extra musicians or backups you hire for each song if used.

      3) You need to pay the studio. The studio that we were recently using charged on the order of about $40 / hour for just voice recording, no mixing no mastering. Since this was an all vocal group, that was about 30 hours of work. At $40 an hour comes out to $1,200

      4) Then there's mixing and mastering. We got ourselves a deal and got that for $500. Total so far $1,700 + artist and musician costs.

      5) Some of the songs we did were covers or alternate arrangements of other people's songs, which means we now have to buy rights. Generally rights for the songs we do average about $100 per song. In this case, about 5 songs we needed rights for. Total cost $2,200 + artist and musicians

      6) Then there's the production of the actual CD. For a printed CD with cases and inserts and a small run we're looking at about $2 / CD + shipping. We did a small run of about 250 CDs, so now our cost is up to $2,700 + artist and musicians. Keep in mind we designed the CD ourselves so we didn't have to pay to get any album art done.

      So for a basic amature CD we have a cost of upwards of $3,000 for anything in which the artists and musicians get paid (I should mention the group I was working with was all volunteer, they don't see any of the money their music makes).

      So, if we take a nice round $3,000 price tag we would have to sell our 250 cds at a price tag of $12 per CD just to break even. Now, just to go further: If the group members wanted to make any profit off the CD, then they would need to charge more. There were 12 group members in this group, let's look at the cost now.

      At $20 / CD that's $5000 total. -$3000 for production leaves us with $2000 over 12 members which comes out to a grand spanking $166.67 per group member for about 6 months of work. Not exactly minimum wage.

      Granted on the huge commercial scales, the production costs are a little bit different in some places, but there are also a lot more people and a lot more money that needs to be paid before an artist makes any money. And keep in mind, none of my figures included any advertising or overhead costs. While I hate paying $20 a CD myself, once you do the number breakdowns it's a lot easier to see where the number comes from.

      --
      T Money
      World Domination with a plastic spoon since 1984
    119. Re:So, to sum it up by Anonymous Coward · · Score: 0

      Stalin is that you ?

    120. Re:So, to sum it up by Anonymous Coward · · Score: 0

      if the angels don't think the'll get their money back they won't invest and the show won't have the money to get off the ground in the first place, so no one gets hired.

      but is not taking food out of the mouths of those who need it.

      Contradiction much?

    121. Re:So, to sum it up by yo5oy · · Score: 1

      Your idea of sanctions imposed by a ??AA groups on soverign countries really work. Just look at Indonesia, Malaysia, Hong Kong, China, and even Singapore. Those countries may have some copyright and trademark laws, but from the looks of the marketplaces they are rarely enforced consistently.

      --
      a slut did tulsa
    122. Re:So, to sum it up by drgonzo59 · · Score: 1
      For me it is more a matter of who controls the money. If you are the artist I will want to pay _you_ if I like _your_ work. And then however _you_ or _your_ manager decide to spend it, it doesn't matter.

      What I see happening now is that major media production companies will sign some contract with an artist that they should release so much music of so an so kind and get only this much of total profit - many have no choice and sign it. I understand that one needs a large capital to even kickstart a major producion, but if an artist feels that want to produce so much they are probably already well-known and have enough funds.

    123. Re:So, to sum it up by cpt+kangarooski · · Score: 1

      There are three forms of civil indirect infringement: Contributory Infringement, Vicarious Infringement, and the new Inducement Infringement theory from the Grokster case. (Some would consider inducement to be a form of contributory infringement, but I'm considering it to be a third form until there's more case law on it)

      First, let's bear in mind that direct infringement of copyrights is a strict liability statute civilly. Mens rea is not relevant. An infringer who intends to infringe is no different than one who does so entirely accidentially. There may be a difference in terms of the appropriate remedies (although n.b. that it is very difficult for an 'innocent infringer' to avoid paying damages of less than $750 per work infringed and impossible for the ordinary 'innocent infringer' to pay less than $200 per work infringed).

      Mental state may be relevant to indirect infringement, however.

      In all indirect infringement cases, there must first be a direct infringer. It's not necessary to actually sue him, but he has to exist, as one cannot have assisted in an infringement without there being an infringement.

      Contributory infringement is when the defendant materially encouraged or assisted the direct infringer in the infringement, having actual or constructive knowledge of the infringement at the time. While the knowledge has to be more than that there is a potential of infringement, it is not so great as to know of specific instances of infringement. E.g. Napster would not be liable merely because they know their software could be used in an infringing manner, but if they know that many people are using it in that manner, then that could be sufficient. Providing facilities for infringement (e.g. a computer network, or a physical area) can give rise to liability, unless the defendant has relinquished all control over it to the direct infringer.

      Vicarious infringement is when the defendant had the right and ability to control the actions of the direct infringer and receives a financial benefit from the infringement. The mental state of the defendant is not relevant under a vicarious theory; they can know nothing and have not been negligent, and still be liable. However, if the defendant has supervised the direct infringer to the fullest possible extent, and still been unable to prevent infringement, this can provide an escape from liability. Unfortunately it's pretty much impractical if not impossible. Financial benefits are pretty broadly defined. They can include unrealized benefits (e.g. Napster wanted to attract future advertising revenue by attracting users by allowing them to infringe on their network when it could have prevented them from doing so).

      Inducement is pretty new, so everyone's still getting used to it. Expect to see a flurry of cases and responses to it. Inducement is when a defendant engages in purposeful activity with the intent of doing so so as to promote copyright infringement, as shown by a clear statement to that effect or other affirmative steps taken to foster infringement. As with contributory infringement, mere knowledge of potential or actual infringement isn't enough to give rise to liability. And activity that only incidentally induces isn't sufficient (e.g. fixing bugs v. advertising the infringing capabilities of the software)

      So in the US, merely hosting a search engine would probably provide some protection to you.

      Possibly, although I wouldn't advise a client that had a search engine to just hope for that. The 17 USC 512 safe harbor is useful for many online service providers, such as search engines, although it does take a few affirmative steps to use it.

      --
      -- 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.
    124. Re:So, to sum it up by Thing+1 · · Score: 1
      It(sharing copyrighted files) is illegal(in the US I mean, but only if copyrighted), [...]
      The music my brother puts up for download ... is copyrighted. By him.

      It's also completely legal for you to download it.

      I realize what you were saying but you left out a few words; something like: "is illegal (in the US I mean, but only if copyrighted, and only if the copyright holder does not permit the download), [...]"

      I feel I need to clarify the above sentence: absence of permission equals lack of permission; the copyright holder must specifically allow the download (or copying, to be precise, as the Grateful Dead have allowed live bootlegs for decades).

      --
      I feel fantastic, and I'm still alive.
    125. Re:So, to sum it up by Drooling+Iguana · · Score: 1

      A spoon is dull, you twit; it would hurt more.

      --
      ... I'm addicted to placebos
    126. Re:So, to sum it up by StikyPad · · Score: 1

      Music Gonzalez already owned ...Gonzalez used Kazaa, "to download songs she already owned on CD onto her computer. She wanted to be able to listen to them in any order, but didn't want to manually copy her whole CD collection onto her hard drive -- she and her husband own about 250. She also used Kazaa to download a few songs she didn't own, but only to 'listen to them and determine if they were something she would be interested in purchasing'. http://www.mp3newswire.net/stories/5002/cecilia_go nzalez.html

      I have no idea why this isn't more broadly known, especially on this site.

    127. Re:So, to sum it up by einhverfr · · Score: 1

      IANAL, so this all could be wrong....

      First, let's bear in mind that direct infringement of copyrights is a strict liability statute civilly. Mens rea is not relevant. An infringer who intends to infringe is no different than one who does so entirely accidentially.

      Aren't damages higher in the US at least if you can prove that it was wilfully done, or are treble damages only reserved for willful patent infringement?


      Vicarious infringement is when the defendant had the right and ability to control the actions of the direct infringer and receives a financial benefit from the infringement. The mental state of the defendant is not relevant under a vicarious theory; they can know nothing and have not been negligent, and still be liable. However, if the defendant has supervised the direct infringer to the fullest possible extent, and still been unable to prevent infringement, this can provide an escape from liability. Unfortunately it's pretty much impractical if not impossible. Financial benefits are pretty broadly defined. They can include unrealized benefits (e.g. Napster wanted to attract future advertising revenue by attracting users by allowing them to infringe on their network when it could have prevented them from doing so).


      I am not sure I understand this one at all.

      Under this theory, wouldn't Sony have been liable under the Betamax case? After all they had received a financial benefit from the actual infringement in the form of additional sales of their hardware. Also under the Napster case, one can still make a bad faith argument-- i.e. that Napster not only could have prevented the infringement, but also that their marketing and public relations were specifically tailored to let people know with a bit more than a wink and a nod that infringing works could be found on their site. In essence, not only were they in control over the indexes passing through their servers, but they had also built their buisiness around attracting infringers. In essence the reason why Napster didn't do the filtering the industry required was that they knew that to do so would materially hurt their business and so they acted in bad faith here.

      I.e. in both Sony and Grokster, the court ruled pretty clearly that vicarious infringement did not extend to selling products (and presumably services) which had substantive legal uses provided that the product was sold *for* those legal purposes. In other words, just as one can legally belong to, say, the KKK (forget the name of this case) in order to support the organization's lawful activities, one can also sell, say, CDRW drives for the lawful uses of this piece of equipment and not be held responsible for the actions of your customers. Presumably if I make a CD duplicating software for purposes of personal archives and home recording and I offer tech support, and I market it for the substantive lawfull uses of the software, then I am unlikely to be held legally accountable for the infringement of my customers.

      In essence, I am having a hard time imagining a case that would go to jury trial where one could expect to be found liable in the absense of either bad faith or negligence, except where an agent of the person (natural or otherwise) infringed for the benefit of the person sued. Note that bad faith does not necessarily mean material knowledge, however.

      From my reading of Grokster, the basic principle of inducement is pretty simple really. The idea is that although Sony protects the company or person who develops, manufactures, and distributes a product that has potential infringing uses to the extent that it only markets and sells these for the substantive lawful uses that the product is capable of doing. In other words, merely knowing that a VCR can be used to infringe on copyright is not enough to make one liable. But if I place an add in a local newspaper saying "Copy rented video cassettes with our new product" then I have acted in bad faith and it is no longer necessary that I know of specific incidents

      --

      LedgerSMB: Open source Accounting/ERP
    128. Re:So, to sum it up by cpt+kangarooski · · Score: 1

      Aren't damages higher in the US at least if you can prove that it was wilfully done, or are treble damages only reserved for willful patent infringement?

      Statutory damages for infringement range from $750 to $30,000 per work infringed. If the plaintiff proves willful infringement, the ceiling goes up to $150,000 per work. OTOH if the defendant proves that he did not know and had no reason to know that he infringed, the floor goes down to $200. (N.b. that this is very difficult ordinarily) There are no damage multipliers for copyright. And the other form of monetary remedy, actual damages and profits, doesn't change as a result of mens rea.

      I am not sure I understand this one at all.

      It's basically a respondeat superior theory. So if a company had an employee that was infringing, and the company could have supervised the employee and made him stop, and the company profited as a result of the infringement, the company is liable, even if it didn't know about the infringement. It's been extended beyond the business setting, but I hope you get the general idea.

      Under this theory, wouldn't Sony have been liable under the Betamax case? After all they had received a financial benefit from the actual infringement in the form of additional sales of their hardware.

      But they did not have the right and ability to control the use of Betamaxes.

      Generally, you use contributory infringement when there was contact between the defendant and direct infringer prior to the infringement, or where there is no financial benefit. You use vicarious infringement when there was contact between the defendant and direct infringer throughout the time of the infringement, and where there is financial benefit. Of course, many cases will present the opportunity to use both.

      Also under the Napster case, one can still make a bad faith argument-- i.e. that Napster not only could have prevented the infringement, but also that their marketing and public relations were specifically tailored to let people know with a bit more than a wink and a nod that infringing works could be found on their site. In essence, not only were they in control over the indexes passing through their servers, but they had also built their buisiness around attracting infringers. In essence the reason why Napster didn't do the filtering the industry required was that they knew that to do so would materially hurt their business and so they acted in bad faith here.

      That's not really an extant theory of liability, however. You could make the argument, but it seems superfluous for the Napster hypo (they easily lost on contributory and vicarious infringement) and is a bit of a waste. You can really only argue so much in one case, you know.

      In any case, that basically is what we see with the new inducement theory.

      I.e. in both Sony and Grokster, the court ruled pretty clearly that vicarious infringement did not extend to selling products (and presumably services) which had substantive legal uses provided that the product was sold *for* those legal purposes.

      No, they were talking about contributory infringement. Sony (despite some confusing language) never actually got around to discussing vicarious infringement. I'd have to look through the history of the case, but I suspect it's because the plaintiff never bothered to claim vicarious infringement.

      In essence, I am having a hard time imagining a case that would go to jury trial where one could expect to be found liable in the absense of either bad faith or negligence, except where an agent of the person (natural or otherwise) infringed for the benefit of the person sued.

      Well, remember that you can't be negligent unless there's a duty of care. Anyway, would landlords qualify? If a landlord provides a facility for infringers to infringe, has the right (in the lease) to supervise them and kick them out if the infringe, doesn't do so, and is paid not in a flat fee, but a percentage of the profits of the tenant, he could be found liable. This isn't an entirely contrived example; landlords have been known to be liable for the infringements of their tenants, in the right circumstances.

      --
      -- 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.
    129. Re:So, to sum it up by Minna+Kirai · · Score: 1

      Can you cite an example where someone lost a lawsuit

      See also the mp3.com lawsuit.

      Generally the infringing party is the one offing up the copyrighted work for downloading, not the downloader.

      In the USA, both are guilty, except that the uploader is easier to collect evidence against, and is likely to have infringed more times than a randomly-selected downloader. It has been said that Canada takes the opposite viewpoint (but not many people live there).

      Even if downloading copies of media that you outright own is illegal, and I can see why the RIAA/MPAA would wish it to be illegal, why should it be illegal?

      The question was specifically about "is illegal", not "should be illegal".

      It makes no sense under any moral system I am familiar with.

      The copyright system is intended to reward authors of popular content by allowing them (or their publishers) to collect money from people who want to view it.

      Disallowing you from downloading content you already own in another media increases the probability you'll pay for it a second time, which financially rewards the author. And that gives him additional incentive to have created the work, which was the whole point.

      Restricting copies of already-owned work is not morally different from copyright in general: in both cases, people are prohibited from doing something they could, to force them to buy permission from another.

    130. Re:So, to sum it up by s-meister · · Score: 1
      Indeed, that law was the thing that was trying to beat a way out of my subconscious .

      As others pointed out though, once you authenticate and start using that account, you (or your evil spoofer, and how can you prove otherwise) are on record, whether through MAC or account used. And your ISP will roll over and hope to just be tickled when presented with that subpoena/court order...

      Thanks for the clarification and replies, folks.

    131. Re:So, to sum it up by cfuse · · Score: 1
      Yeah, I'm sure they're chomping at the bit to host my porn.

      Altar boys gone wild.

    132. Re:So, to sum it up by Anonymous Coward · · Score: 0

      There is a country that has one law: no child porn. This country is smaller than an island. Internet hosting is their only business. Check it out: www.sealandgov.com

    133. Re:So, to sum it up by True+Grit · · Score: 1

      They may have been spying, but if their target was a US citizen they could do very little with the information (to use the info against the person in court would require revealing how they got it) until King George made it legal to spy on US citizens without judicial approval. Of course at this point I wouldn't be surprised if King George has authorized the CIA to "disappear" Americans too. That's probably next.

    134. Re:So, to sum it up by einhverfr · · Score: 1

      Interesting ideas, but I am still not clear on something. If bad faith and negligence are both irrelevant to a vicarious infringement suit, are you saying it is possible to do nothing wrong and still be held liable? It would seem to me that in every case you have mentioned, there is some level of responsibility that needs to be established. For example in the landlord example, the landlord is acting less as a landlord in the classical sense (flat rate) and more as a partner or investor (percentage of profit) and hence a part owner of the business. In the business case where an employee infringes to the financial advantage of the company, the employee was presumably acting as an agent of the company. In every one of these cases, it seems to me that there is some requirement of agency (though IANAL and it might not be called that). I.e. that the direct infringer acted as an agent for the vicarious infringer. This would seem to be implied in the term "vicarious."

      Otherwise you could have a situation where the person is not acting as an agent. For example, an individual might belong to a church that requires him to tithe, say, 10% of his net income. The church therefore has contact with this individual and has a financial benefit (as a percentage of the income) based on that infringement. Yet I have a hard time seeing such tithing being something that would make, say, the LDS church liable for infringement of its members if this provided additional tithe revenues for it. This is not that far fetched really. If SCO is found to have infringed on IBM's copyrights, then profit that they made from this would have enriched a number of higher-level execs (who would have been involved in the direct infringement) and would have lead to a financial benefit to the Mormon Church. Yet, it seems a stretch to hold their church responsible for their infringing activities....

      --

      LedgerSMB: Open source Accounting/ERP
    135. Re:So, to sum it up by cpt+kangarooski · · Score: 1

      it seems to me that there is some requirement of agency ... This would seem to be implied in the term "vicarious."

      Not in the formal sense, but more or less, yes, that sounds right. What gives rise to liability isn't bad faith or negligence -- it's having responsibility for the direct infringer.

      For example, an individual might belong to a church that requires him to tithe, say, 10% of his net income. The church therefore has contact with this individual and has a financial benefit (as a percentage of the income) based on that infringement. Yet I have a hard time seeing such tithing being something that would make, say, the LDS church liable for infringement of its members if this provided additional tithe revenues for it.

      Well, the other key element is having the right and ability to prevent the infringement from occuring. Since the law is pretty much limited to the temporal realm and can't determine whether or not the church has a spiritual right and ability, I don't think the church would be held liable. There does have to be more than mere contact. In order to hold A responsible for B, A has to be capable of doing something about B. If it's out of his hands, it's not really fair to blame him.

      --
      -- 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.
    136. Re:So, to sum it up by bm_luethke · · Score: 1

      "Now if I'd said I was from a Reservation, I might have been White living there and by that a Racist. Now if I'd said Reservations and Tribal Governments were corrupt, since the vast majority of Americans aren't Indian, people would assume I wasn't Indian and I'd by a Racist."

      So, in other words not being labeled a racist was, at least, part of your motivation. My point is that your accusation of corruption did not appear in any way to be based on thier race but rather on thier actions. Thus, even if you were wrong, it was not racism - let alone if you opinion was based on research and experience. It just so happened that the group you were criticising is grouped based on race.

      It shouldn't matter *what* race you are for the accusation you gave - if I point out that black/dark skinned people have more melanin that those of lighter skin it doesn't make me a racist. If a non-white person pointing out a white person is corrupt based on thier actions then it isn't racist for a non-indian to point out an indian is corrupt based on thier actions (and, you will note if I typed this correctly, both were accusing an individual with no basis on thier race).

      --
      ------- Sorry about the spelling, I suffer from two problems. Dyslexia makes it difficult to spell well, lazy makes it
    137. Re:So, to sum it up by Cervantes · · Score: 1

      >>>You'd need a very well armed small country, only one appears to be a possibility...
      >>The Vatican?
      >Yeah, I'm sure they're chomping at the bit to host my porn.


      You sick, sick fucker!! Why would you admit to having gigs and gigs of choirboy porn???

      --
      If I knew the wedgies I gave you back in 6th grade would have resulted in this . . . I might have taken a moments pause.
  5. Unprovable intent? by mister_llah · · Score: 4, Insightful

    Incredibly lucky for the guy, really... but do you think it was because prosecutor couldn't figure out how to get the guy?

    --
    MoM++ - A Classic Expanded - [Master of Magic 1.5]
    http://mompp.sourceforge.net/
    1. Re:Unprovable intent? by DumbWhiteGuy777 · · Score: 3, Insightful

      I doubt it. If they wanted him bad enough, I'm sure they could get something.

    2. Re:Unprovable intent? by tommers · · Score: 1

      While it might be hard to prove the intent of a carefully managed torrent site, it seems that his computer would have a tons of evidence of the sites connection to piracy. Maybe he removed all his pirated material once he got nervous.

    3. Re:Unprovable intent? by Stripsurge · · Score: 4, Funny

      Naw, its because prosecutors get their movies just like everyone else.

    4. Re:Unprovable intent? by Basje · · Score: 2, Interesting

      That's the way criminal law works (according to my professor criminal law).

      Officially you have the legality principle (no offence is punishable without prior legislation) but in practice anything is punishable. It is just a matter of finding an article that is applicable.

      --
      the pun is mightier than the sword
    5. Re:Unprovable intent? by mpe · · Score: 1

      Incredibly lucky for the guy, really... but do you think it was because prosecutor couldn't figure out how to get the guy?

      More likely someone couldn't afford to bribe the prosecutor. Prosecutors tend to command a higher price than police when it comes to bribary (also the possibilities to "shop around" are reduced).Also the ??AA realised that even they didn't have enough money to bribe the entire EU.

    6. Re:Unprovable intent? by Lord+Kano · · Score: 2, Insightful

      do you think it was because prosecutor couldn't figure out how to get the guy?

      Maybe it's just me, but I always thought that prosecutors were supposed to prosecute people who break the law and not try to find ways to "get people".

      I know first hand how cops can be that petty, but thankfully I've never encountered a prosecutor who was that much of an asshole.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    7. Re:Unprovable intent? by Anonymous Coward · · Score: 0

      They wanted to score a massive pr0n collection, but when they found out that the files weren't stored there, they gave back the computers.

    8. Re:Unprovable intent? by WickedClean · · Score: 1

      They probably just copied all his shit and kept it for themselves. They only held it up long enough to backup everything and make sure the KeyGens and NOCD Cracks were working on their favorite games.

      --
      ...All I can say is that my life is pretty strange...
  6. 15 minutes of fame by intelliot · · Score: 5, Interesting

    Why normal people are catapulted into a spotlight they didn't ask for will always be a question of concern. If you want to be famous, you can be. But think about it. If you want to be famous, you're not thinking straight. As small site owners are plummeled with traffic and legal issues, how can we help them survive? This reminds me of the blogosphere, which recently experienced growing pains with the servers and datacenters struggling to cope with demand.

    1. Re:15 minutes of fame by Anonymous Coward · · Score: 0

      Hmm, *checks suprnova.org*, still up...

      Nope, not a small site, especially after being slashdotted!

    2. Re:15 minutes of fame by metlin · · Score: 1

      Heh.

      At a point of time Suprnova probably had the highest traffic among Bittorrent tracker sites.

      That hardly makes it a "small site".

    3. Re:15 minutes of fame by jjeffrey · · Score: 1

      The "blogosphere" is one of those terms that's so wooly it dosen't really mean anything.

      You could well have a very valid point but it is phrased very generically - which servers and datacenters are having trouble coping?

      Personally I'd be very shocked if any data center couldn't cope with a blog.

    4. Re:15 minutes of fame by Anonymous Coward · · Score: 5, Funny
      Blogosphere?!

      Blogosphere: The "blogosphere" is the new buzz word that has replaced "information super highway." It's what idiots like to call a collection of "blogs," otherwise known as a tragedy.

      http:///http://www.thebestpageintheuniverse.net/c. cgi?u=banish>
    5. Re:15 minutes of fame by ValiantSoul · · Score: 1

      "As small site owners are plummeled with traffic and legal issues, how can we help them survive?"

      Certainly not by /.ing them!

    6. Re:15 minutes of fame by trezor · · Score: 2, Funny
      --
      Not Buzzword 2.0 compliant. Please speak english.
    7. Re:15 minutes of fame by m50d · · Score: 1
      If you want to be famous, you're not thinking straight.

      I want to be famous. While I won't deny that I'm insane, why does the one necessarily follow from the other?

      --
      I am trolling
  7. astonishing. by macsox · · Score: 2, Interesting

    that last letter he received is a wonderful explication of his innocence. or maybe not. i'm not too solid on that language, which, to be honest, i can't identify. google, let's get some translation going, eh?

    1. Re:astonishing. by ilautar · · Score: 2, Interesting

      Quick translation:
      Case dropped, all items will be returned (computers). He has 30 days to pick his stuff up or they will 'destory' it (most probably some guy would take it home).
      (This is written in Slovenian)

  8. Slyck Disagrees with Sloncek by remove+office · · Score: 5, Interesting

    Sloncek's story is disputed by Slyck here.

    slyck of course being the most prominent file sharing news source on the web.

    1. Re:Slyck Disagrees with Sloncek by TheFlyingGoat · · Score: 5, Interesting
      They're not disputing it. Try reading it again. They list three questions/inconsistencies that they felt were unanswered:
      1. Why would he continue supported eXeem if he was under copyright enforcement actions?
      2. Why would he continue working with ANY P2P development?
      3. Although the Suprnova.org servers were raided in November, the site continued to function until December.

      They go on to say:
      A year later, answers for the curious are finally available. ... Considering the magnitude of the situation Sloncek faced, he did what was best for him. No on else from the BitTorrent community was going to help him, and he knew that. Whether he is telling the truth is irrelevant.

      That's not disputing him. That's saying, "we had questions before, but he answered them sufficiently, and it doesn't really matter even if he weren't telling the truth."

      Yay.
      --
      You have enemies? Good. That means you've stood up for something, sometime in your life. --Winston Churchill
    2. Re:Slyck Disagrees with Sloncek by mattwarden · · Score: 2, Insightful

      Um, did you even RTFA you linked to? I would hardly characterize Slyck's position as disagreement. They include quotes from Sloncek that clear up confusion caused by apparent (but not actual) inconsistencies.

    3. Re:Slyck Disagrees with Sloncek by Anonymous Coward · · Score: 0

      Well, whatever happened to the guy in his country - has anyone thought what would have happened if he was based in the U.S or a country which bows to (ahem, is aligned with) U.S policy? Go directly to jail do not pass go?

    4. Re:Slyck Disagrees with Sloncek by Anonymous Coward · · Score: 0
      Regarding 1 & 2: Why should a confiscation change his opinion?

      If I sport Anti-Bush bumperstickers which are peeled off and confuscated by police... am I not then allowed to attend a protest against the Bush Regime? Or should I not even declare wrong such things as investigations without warrants, or arrests and captivity without due process in secret prisons bearing torture and rape... Should my beliefs that these things are wrong change?

      Regarding 3. What?... I don't get it. Your implications elude.

    5. Re:Slyck Disagrees with Sloncek by TheFlyingGoat · · Score: 1

      Are you an idiot? I was summarizing the text from the article he linked to. You, just like the OP, need to RTFA before posting.

      --
      You have enemies? Good. That means you've stood up for something, sometime in your life. --Winston Churchill
    6. Re:Slyck Disagrees with Sloncek by giorgosts · · Score: 1

      no, it's essentialy the same story. they both agree that the site went offline one month after the hosting computers were raided. Sloncek said that we wouldn't be giving anymore details, which are found at Slyck.

    7. Re:Slyck Disagrees with Sloncek by Anonymous Coward · · Score: 0

      If I sport Anti-Bush bumperstickers which are peeled off and confuscated by police... am I not then allowed to attend a protest against the Bush Regime?

      Are you allowed to protest in such a way in the first place?

    8. Re:Slyck Disagrees with Sloncek by Anonymous Coward · · Score: 0

      Maybe Sloncek is hiding something. Maybe he decided to collaborate with the police. Maybe he's helping them track people who use bit torrent, what they're downloading, what their ip is, etc...

      I knew this tin foil hat would come in handy...

  9. welp by theheff · · Score: 4, Insightful

    Good to know that nothing really happenned to the guy. Sometimes us leechers forget that behind every torrent/p2p website, there's still good people working behind the scenes who made it all possible... sadly, they are usually the ones who get all the blame.

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

      Sometimes us leechers forget that behind every torrent/p2p website, there's still good people working behind the scenes who made it all possible...

      Yep. Guys and gals with word processors, compilers, cameras, prop rooms, sound stages, recording equipment, and copies of Maya that don't say "Hax0r3d by Crustaceo Mutoid" in their About boxes.

    2. Re:welp by gsslay · · Score: 0, Flamebait
      there's still good people working behind the scenes who made it all possible

      Interesting definitions of "good people" and "working". I'd term them more as "enablers of piracy" and "copying others' work".

      Typical flaming slashdot. If this guy was linking to software that ignored open licencing he'd be getting hate email. But because he's helping rip off others' work outside the computing industry he's some kind of hero.

    3. Re:welp by crabpeople · · Score: 1

      "Typical flaming slashdot. If this guy was linking to software that ignored open licencing he'd be getting hate email. But because he's helping rip off others' work outside the computing industry he's some kind of hero."

      This is interesting and since i dont want to be a hypocrite, im going to rationalize this position for you. Closed software is like a magic box. If someone takes some open source code and puts it into a closed source box, its VERY hard to tell that this has been done. Usually, its some little commonality or hint that gets people busted for this. Im sure many more software projects have open source code in them then will ever be found out. This is what copyright was put in place to stop. You passing off someone elses hard work as your own. That said, when a movie is released and distributed on the trackers, no one claims it as their own. They might add some "greets" screens and a tag or two, maybe even a watermark, but in the end, its very obvious that king kong was directed by peter jackson, not joe pirater. So the people who originally worked on it DO get credit. There is no way for the piraters to stop people from IMDB'ing the first lead grips name and finding out who made all that gripping possible.

      The issue is credit. In software its much harder to see whoes responsible when all you see is the pretty GUI interface. In movies, its no doubt that the people who worked on the movie get the credit.

      The other issue people raise with pirating is the regular folk getting compensated for their work, ( the makeup people the hair people the people who build the sets etc ). This has already happened once the movie has hit the theaters. Its not like the movie studios engage in profit sharing with the guy who gets the snacks everyday, or the workers who clean the studios. They already got paid by the time a movie is released, so i dont think that they are really suffering at all no matter how its distributed

      --
      I'll just use my special getting high powers one more time...
    4. Re:welp by gsslay · · Score: 1
      So not paying Peter Jackson for his work is ok, as long as he gets his name on the film? Interesting. So Peter Jackson should work for free? Or perhaps you think he should get paid, just by other people.

      The word for this is "free-loading" and its usually frowned on.

      And the whole 'regular people' argument is as flimsy as ever. If movies are regularly ripped off then companies stop making as many. Whether they reach this decision because they're not making mega-profits anymore, or not isn't the issue. Film companies are not charities. They exist to make profits. No profits = no films. If they don't make as many, then 'regular people' don't get employed as much.

      The similarity with open source is that here people have decided to make the fruits of their labour freely available. In just the same way that the likes of Peter Jackson has decided to make his not freely available (probably because it cost a hell of a lot to make). In both cases in our example some third party has decided to ignore the wishes of the creator of the work to suit themselves, and then posture some moral rationality that explains why, yes, of course, they should be allowed something for nothing.

      Why is that not wrong?

  10. Well... by Sinryc · · Score: 5, Insightful

    I'll be honest. I would have done the same thing as him. I mean really, Everything turned out okay for him in the end anyway. He didn't serve any jail time, and he got all of his stuff back. Hell, hes probabbly glad about the site bein' kaputs. All these people that will say that he should have fought, etc... Well, they need to understand this guy has a real life as well, and not just one that encompases a website that gives torrent files to materials in wich you didn't pay for.

    --
    Yay, I have a sig.
  11. Text of the Letter by frostman · · Score: 3, Funny
    Na podlagi dolocila 224. clena ZKP ter dolocila 6. alincje 136. clena Drzavnotozilskega reda izdajam naslednji.


    s k l e p :


    V kazenski zadevi, zoper...


    Oh hell, anybody here speak Slovenian?
    --

    This Like That - fun with words!

    1. Re:Text of the Letter by Anonymous Coward · · Score: 5, Informative

      I appologise for my poor English (legal), here is translation. And yes, document is genuine.

      With part 224, ZKP and 6/136 of State pros. order we:
      In criminal case against Andrej Preston, (adress omitted), in suspected criminal case of giving help with crime of unauthorized usage of authored (copyrighted) works at. 1/159 with connection 22 in 27 of KZ, are all objects in CD (corpus delicti) entry no ****:
      ***list of equipment****
      to returned to owner, that is Andrej Preston, because criminial case against him was dropped.

      LEGAL:
      Named (Andrej Preston) can take above mentioned objects at District State prosecutor office in Ljubljana in 30 days from receiving this letter. After 30 days, all objects will be destroyed.

    2. Re:Text of the Letter by Anonymous Coward · · Score: 5, Funny

      > Oh hell, anybody here speak Slovenian?

      Sure. Here is a helpful translation into icelandic:

      "KJa wfoami coliaboa cklembi 224. Anerpicja 13 ZKP 6 opwef nabrioa. 136 Kpentitia. Kpmarij manstani onikapp."

      HTH.

    3. Re:Text of the Letter by lewp · · Score: 4, Funny

      Roughly translated, it says, "I, for one, welcome our new BitTorrent overlords."

      --
      Game... blouses.
    4. Re:Text of the Letter by dema · · Score: 1

      Fry: Can you translate it?
      Farnsworth: Of course. But only into Beta Crypt 3, a language so complex, there's even less chance of understanding it.

    5. Re:Text of the Letter by Logi · · Score: 1
      Dude, your Icelandic sucks. Let me help you out here:

      Opinbert mál:
      Nefndur (Andrej Preston) má sækja ofangreinda hluti á skrifstofu svæðissaksóknara Ljubljana innan 30 daga frá ví að bréf etta berst. Eftir 30 daga verður hlutunum eytt.

      --
      Logi - I can do anything, but not everything.
  12. Re:Next time, try... by Anonymous Coward · · Score: 0

    What if some or most of those are U.S. law enforcement honeypots?

  13. Is Suprnova... up again by majjj · · Score: 2, Funny

    so what shud we make out of this will the torrent be up again?

    1. Re:Is Suprnova... up again by outsider007 · · Score: 4, Informative

      it's up again, now it's newnova.org - maybe I shouldn't be sharing this but what the hell.

      --
      If you mod me down the terrorists will have won
    2. Re:Is Suprnova... up again by Coneasfast · · Score: 1

      there's also:
      mininova

      --
      Marge, get me your address book, 4 beers, and my conversation hat.
    3. Re:Is Suprnova... up again by crimson30 · · Score: 2, Insightful

      Mininova's good, but bitenova is better.

    4. Re:Is Suprnova... up again by RobertKozak · · Score: 1


      Is this the one the authorities put up based on the code they found in his machine?

      --
      Bet this .sig looks familiar.
  14. EU law and Slovenia by frostman · · Score: 3, Informative

    Slovenia is a member of the EU, so whatever EU law says about these P2P issues is probably relevant as well.

    Any of our Euro-dotters care to comment?

    I have a feeling this is not a fully-harmonized area, EU-law-wise, since the good folks at the Pirate Bay continue to entertain us with their responses to legal threats.

    --

    This Like That - fun with words!

    1. Re:EU law and Slovenia by lynzh · · Score: 4, Interesting

      The people at pirate bay arent scriptkiddies either, see this url: http://static.thepiratebay.org/

    2. Re:EU law and Slovenia by gladmac · · Score: 3, Informative

      That'll be due to the laws of Sweden. They're very explicit about that you're allowed to communicate how to commit crimes, which is what the torrent tracker does. So for now they're safe. The law is nice for P2P, but doesn't really make sense so we expect that it'll change eventually.

    3. Re:EU law and Slovenia by dago · · Score: 5, Informative

      The EU doesn't really make laws, but directives, which focus on objectives, forcing member states to implement them, generally with laws. The member states usually have some freedom in the implementation.

      For example, for the EU Copyrirght Directive (EUCD), there're the list of all possible "faire use" exceptions, and this is even linked with anti-circumvention articles. At the end, the states are free to take an agressive, DMCA-like legislation, where it is illegal to "break" DRM to make a private copy, while other could choose to allow circumvention of DRM and creation of MP3 for private use (see article 5.2.b and 6.4).

      So, it depends, and in this case, you should ask a slovenian ;)

      --
      #include "coucou.h"
    4. Re:EU law and Slovenia by Anonymous Coward · · Score: 0

      the EU does makes laws. They are called "regulations" and are enforcable in member countries on their exact wording.
      Directives are enforcable in member countries only in the intended targets but the actuall implementation is left to the member country. (so theoretically a member country could do try to "dance around" the issue, but not by much).
      There are a few other types of decisions fro the EU but not worthy of mention here

    5. Re:EU law and Slovenia by Kjella · · Score: 2, Informative

      At the end, the states are free to take an agressive, DMCA-like legislation, where it is illegal to "break" DRM to make a private copy, while other could choose to allow circumvention of DRM and creation of MP3 for private use (see article 5.2.b and 6.4).

      Except the whole thing is full of doublespeak in the notes:
      (52) When implementing an exception or limitation for private copying in accordance with Article 5(2)(b), Member States should likewise promote the use of voluntary measures to accommodate achieving the objectives of such exception or limitation. If, within a reasonable period of time, no such voluntary measures to make reproduction for private use possible have been taken, Member States may take measures to enable beneficiaries of the exception or limitation concerned to benefit from it. Voluntary measures taken by rightholders, including agreements between rightholders and other parties concerned, as well as measures taken by Member States, do not prevent rightholders from using technological measures which are consistent with the exceptions or limitations on private copying in national law in accordance with Article 5(2)(b), taking account of the condition of fair compensation under that provision and the possible differentiation between various conditions of use in accordance with Article 5(5), such as controlling the number of reproductions. In order to prevent abuse of such measures, any technological measures applied in their implementation should enjoy legal protection.

      This is actually the same BS exceptions that are in the DMCA, and aren't worth the paper they're written on. 6.4. is equally full of BS like the emphasized part.

      A Member State may also take such measures in respect of a beneficiary of an exception or limitation provided for in accordance with Article 5(2)(b), unless reproduction for private use has already been made possible by rightholders to the extent necessary to benefit from the exception or limitation concerned and in accordance with the provisions of Article 5(2)(b) and (5), without preventing rightholders from adopting adequate measures regarding the number of reproductions in accordance with these provisions.

      In short, the entire directive is full of the same bullshit. Think of DRM as a safe. It can either be locked, or it can be open. For DRM to preserve fair use, everything must speak the same magic safe-language for "safe-to-safe" transfers, which isn't practicly possible, nor would it be very safe because there'd be hundreds if not thousands of implementations.

      --
      Live today, because you never know what tomorrow brings
    6. Re:EU law and Slovenia by dago · · Score: 1

      First, yes, I agree that DRM as it is now is incompatible with private copies.
      So, if that is verified and that fair use (5.2.b) is also allowed, there's no double-speak

      - circumvention for fair use (5.2.b) is allowed
      - the state cannot forbid rightholders to implement DRM.

      --
      #include "coucou.h"
    7. Re:EU law and Slovenia by Anonymous Coward · · Score: 0

      no, they're idiots who don't know to resize an image BEFORE dropping it into a page.

      don't just drag the handles to make it smaller guys!

    8. Re:EU law and Slovenia by Anonymous Coward · · Score: 0

      a) It's not that straightforward. Slovenia protects it's citizens, meaning that until law passes ratification in Slovenian paliament they aren't liable for not obeying that EU directive.
      b) Slovenia wasn's a member at the time suprnova started working.
      c) Idiotic cops really though that he distributes copyrighted material.
      d) He should sue his state for ruining his work/business/whatever it is.

    9. Re:EU law and Slovenia by curious.corn · · Score: 1

      but they still can't layout some decent cabling ;-)

      --
      Mi domando chi à il mandante di tutte le cazzate che faccio - Altan
    10. Re:EU law and Slovenia by Anonymous Coward · · Score: 0

      We need:
      7x 3.06GHz Xeon CPU
      Kostnad: 3600+moms SEK/st, Total: 31500 SEK inklusive moms
      (Cost: 433+tax USD per unit, Total: 3789 USD with tax)

      It says they need moms, does that mean MILFs?

    11. Re:EU law and Slovenia by Anonymous Coward · · Score: 0


      >c) Idiotic cops really though that he distributes copyrighted material.

      The younger ones are like cops anywhere. They will follow any order, especially when it gives them some authority.

      The older, higher ranking ones, are veterans of various wars and many worked for the Yugoslav and Soviet governments, and still carry the same mindset. Corruption is a normal state. The country currently known as Slovenia hasn't had a minute of peace since the Roman Empire, or before.

  15. Re:Next time, try... by Atario · · Score: 3, Funny

    Then don't use the ones that are.

    --
    "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
  16. And where's all the donated legal aid money? by Anonymous Coward · · Score: 0, Flamebait

    There still has been no explanation on what Loki did with it.

    1. Re:And where's all the donated legal aid money? by montyzooooma · · Score: 5, Informative

      Needless to say but you seem to be confusing Suprnova with Lokitorrent. Loki pretty much took the money and ran after selling his registered users out. Suprnova never required registration to use the trackers, Lokitorrent did, so when Loki handed over his user logs the RIAA (I think it was) got there hands on the email addresses of anyone who'd used the sites. That's a LOT of hotmail addresses...

    2. Re:And where's all the donated legal aid money? by Saulo+Achkar · · Score: 0

      Here you go: "And that was true, nothing happened during the summer holidays and I had quite a wonderful time. Very relaxed."

  17. Translation by Ghandalfar · · Score: 5, Informative

    (slovenian speaker here)

    The legal document basicly says:

    Legal case against Andrej P. (his address blacked out), charged with criminal act of helping copyright infrigment by 1. article of 159. of some law with following objects written into log:
    - server with serial number ..
    - server with serial number ..
    - server with serial number ..
    - server with serial number ..
    - personal computer ..
    - personal computer ..


    are returned to the owner because legal charges against A. P. are dropped.

    And them some more legal talk where he can get his stuff in 30 days.

    That is about as much as I can handle at this early hour.

    1. Re:Translation by halleluja · · Score: 0
      And them some more legal talk where he can get his stuff in 30 days.
      You mean he has to pick up his computers by himself? Darn. They took it away, let them bring it back.
    2. Re:Translation by Ghandalfar · · Score: 1

      Yes. He can pick them up in 30 days at the district prosecuters office otherwise they will be destroyed.

    3. Re:Translation by WhatAmIDoingHere · · Score: 1

      Well, at least he gets them back. When the FBI raids your stuff, they pretty much are thinking "Free Upgrades" the whole time. A 700mhz Celeron looks good compared to the PII 233s they're forced to use. ;)

      --
      Not a Twitter sockpuppet... but I wish I was.
    4. Re:Translation by ModelX · · Score: 1

      Legal case against Andrej P. (his address blacked out), charged with criminal act of helping copyright infrigment by 1. article of 159. of some law...

      Actually a more accurate translation would be: ...suspected of misdemeanor of helping unwarranted use of copyrighted work....

  18. Re:One of the most idiotic stories on /. to date by shreevatsa · · Score: 4, Insightful

    Huh? The article was written by "Suprnova's admin Sloncek". He is the one who came close to being prosecuted, his computers were confiscated, etc. He is the only one who can give an account of the story, and if he choses to say blah blah and blah blah, there is nothing anyone else can do to fill in those details.
    Your remarks would make sense if an original news item was dumbed down for the "general public".
    If the guy who got the letter from the prosecutor does not wish to quote verbatim from it, or he thinks it is not relevant, why question it? It's probably not relevant anyway, just some law numbers and dates.
    He does provide the original letter (in Slovenian), so read it yourself for the gory details. Or, scroll down for helpful translations below.

  19. SuprNova may be gone but... by Capeman · · Score: 5, Informative

    NewNova is online, it offers the same content that SuprNova once had.

    1. Re:SuprNova may be gone but... by Anonymous Coward · · Score: 0

      so do isohunt, mininova, torrentspy, piratebay and many others.
      if all else fails just search for "movie name bittorrent"

  20. mininova.org by know1 · · Score: 3, Interesting

    am i the only person here who goes to mininova.org instead? seems like the same library of media, justabout

    1. Re:mininova.org by Anonymous Coward · · Score: 4, Funny

      am i the only person here who goes to mininova.org instead? seems like the same library of media, justabout

      SHHH! ... Uhoh, do you hear it?! The quiet roar of turbine engines, the whirr of rotorblades... the Black Army Helicopters are coming! Quick, you must sell everything you have and give all your life savings to the RIAA and MPAA in the hopes that you can bribe them and their their vast armies to fend off the imminent attack!

      This episode of "Scare The Living Pants Off Of Internet Users" paid for by the MPAA and RIAA

  21. Welcome to the club. by Anonymous Coward · · Score: 5, Interesting
    "On November 2004, I received a call from my ISP saying that all of my servers had been raided by the police. I received nothing from the police before or after the raid, nobody told me what was going on."

    On my end, Adobe lawyers contacted my ISP and sent a short, but curt letter: "Shut him down, or we will." I balked and so did my ISP after some heated conversation. I ran a VERY popular macintosh serial # site and yeah, serial numbers are sort of a grey area as far as I was concerned (and so thought my ISP thought, as well).

    Whoops.

    Yeah, it was stupid on my part but I enjoyed the money that rolled in from my sponsors. In the long-term I got burned, much like this fellow will. I had to claim bankruptcy, due to my mounting legal bills. I'm basically screwed for the next 7 years. Hooray. Some people can walk that thin grey line between legal and illegal but I found a way to trip over it. Oh well.

    1. Re:Welcome to the club. by Just+Some+Guy · · Score: 2, Interesting
      I received nothing from the police before or after the raid

      I always like that part. I'm not sure what people are hoping for:

      Police: We're going to raid your house today. Noon good for you?
      Raidee: I'm moving some gear then. Would two be OK?
      Police: Sure!

      I ran a VERY popular macintosh serial # site and yeah, serial numbers are sort of a grey area as far as I was concerned (and so thought my ISP thought, as well).

      The "black" area is that you were directly providing the means to circumvent copy restrictions, which sounds pretty solidly anti-DMCA to me. Out of curiosity, what was the diluting "white" area that made you think no one would mind? In other words, what were the legal justifications you were operating under?

      --
      Dewey, what part of this looks like authorities should be involved?
    2. Re:Welcome to the club. by Anonymous Coward · · Score: 0

      MacSerialJunkie.com?

    3. Re:Welcome to the club. by ergo98 · · Score: 2, Funny

      I always like that part. I'm not sure what people are hoping for:

      Police: We're going to raid your house today. Noon good for you?
      Raidee: I'm moving some gear then. Would two be OK?
      Police: Sure!


      That would work perfect for the police. Knowing geeks, they could just show up at 1:45 and they'd still catch him with everything.

    4. Re:Welcome to the club. by Maxo-Texas · · Score: 1

      This is the most common problem with people doing illegal things.

      They lose sight of what is and isn't illegal and stop being adequately cautious.

      People do wrong things all the time- they need to say, "Okay, I am doing something bad." and not rationalize it. Know thyself.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    5. Re:Welcome to the club. by mibus · · Score: 1

      Out of curiosity, what was the diluting "white" area that made you think no one would mind?

      Probably that the serial numbers weren't copyrighted, patented, trademarked, or trade secrets.

      Instead of asking what makes it legal, ask what makes it illegal

      (in this case, it'd be aiding and abetting the use of software when the original purchaser of the software committed copyright infringement - so, helping someone who probably committed a civil offence, oh my ;-)

  22. From the article... by trawg · · Score: 3, Funny
    This has been a huge pressure on me and I think it left some permanent marks on me. I hope none of you will ever have to go through something like this.
    I hope I can remember not to facilitate piracy on a massive scale so something like this doesn't happen to me!
    1. Re:From the article... by sqrt(2) · · Score: 1

      I think you're getting him mixed up with these guys. They're the real pirates here!

      Argh!

      --
      If you build it, nerds will come. Soylentnews.org
    2. Re:From the article... by kelnos · · Score: 4, Funny

      Actually, if you were to facilitate raping, pillaging, murder, and plunder on the high seas, probably a lot worse would happen to you.

      Though I suspect you're really talking about copyright infringement.

      (Chuckle: it's amusing, really.)

      --
      Xfce: Lighter than some, heavier than others. Just right.
    3. Re:From the article... by darkmeridian · · Score: 3, Insightful
      This has been a huge pressure on me and I think it left some permanent marks on me. I hope none of you will ever have to go through something like this.


      I hope I can remember not to facilitate piracy on a massive scale so something like this doesn't happen to me!

      And RIAA's job here is done.
      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    4. Re:From the article... by dreamchaser · · Score: 0, Flamebait

      Like it or not the word piracy has picked up the added meaning of copyright infringement. Get over it.

    5. Re:From the article... by Agent0013 · · Score: 1

      Actually, if you were to facilitate raping, pillaging, murder, and plunder on the high seas, probably a lot worse would happen to you.

      Actually, the punishment would probably be less for being real piracy than for copyright infringement. Just from looking at the huge lawsuits that we have seen in the past.

      --

      -- ssoorrrryy,, dduupplleexx sswwiittcchh oonn.. -Quote found on actual fortune cookie.
    6. Re:From the article... by glesga_kiss · · Score: 1
      Like it or not the word piracy has picked up the added meaning of copyright infringement. Get over it.

      It hasn't "picked up" anything, it's a clear newspeak campaign. The word pirate was expressly choosen because of it's negative connotations. The "pirate" label has been moved from unlicensed radio, to organized fakers, to organized copiers (not fakes, buyers know what they are getting) to the modern p2p downloader.

      I think I'll redefine the word "genocidal" to describe any slashdot posters I don't like. Yeah, that'll work!

    7. Re:From the article... by radish · · Score: 1

      (Chuckle: it's amusing, really.)
      No, it isn't, really. It's annoying and tired. Piracy has had dual meanings for a really long time. Lots of words have dual meanings, like Bank, or Letter, or Screw. Do you have funny jokes for those too?

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    8. Re:From the article... by Anonymous Coward · · Score: 0

      The word "piracy" has been used to mean copyright infringement since at least the early 1800s. It is not a recent development; in particular, it's not some recent attempt to stigmatize the practice, as some here on Slashdot would have it.

      The definition of "piracy" from Webster's 1828 dictionary. See sense 2.

      PI'RACY, n. [L. piratica, from Gr. to attempt, to dare, to enterprise, whence L. periculum, experior; Eng. to fare.]

      1. The act, practice or crime of robbing on the high seas; the taking of property from others by open violence and without authority, on the sea; a crime that answers to robbery on land.

      Other acts than robbery on the high seas, are declared by statute to be piracy. See Act of Congress, April 30, 1790.

      2. The robbing of another by taking his writings.

    9. Re:From the article... by kelnos · · Score: 1

      I have no problem with English as a living language. It changes all the time, sometimes for good reason. In this case, the only reason for the change is so groups like the RIAA/MPAA/etc. can make copyright infringement seem like a worse offense than it really is.

      Ironically, it may have the opposite effect: fewer people will recognise it for its old high-seas-crime definition, and the word will simply be diluted.

      --
      Xfce: Lighter than some, heavier than others. Just right.
    10. Re:From the article... by trawg · · Score: 1

      What, because I don't approve of services that allow for mass copyright infringement, I'm a tool of the RIAA?!@#

      The RIAA/MPAA are jerks because they've spent the last few years refusing to get with the times and acknowledge that their model is out of date. They're not jerks because they're trying to shut down places like suprnova, which are essentially giant hubs for providing people with the means to copyright infringe/steal/pirate/whatever the Slashdotically-correct term is these days.

  23. like sandtrout by NuShrike · · Score: 2, Insightful

    When you kill the sandworm, you do not really kill it, but spread its sandtrout to form new sandworms everywhere.

    1. Re:like sandtrout by Dance_Dance_Karnov · · Score: 1

      go read dune, children of dune specificly

  24. Re:When your family's talking about torrents... by sqrt(2) · · Score: 2, Insightful

    With napster, there was a central target. With BitTorrent, they would have to get each individual tracker. And many are hosted in countries with laws that allow the sites to exist legally. American laws don't have much weight in Sweden

    --
    If you build it, nerds will come. Soylentnews.org
  25. The golden rule by Pig+Hogger · · Score: 1

    Backup early. Backup often. And, of course, put the backup in safe places.

  26. Re:One of the most idiotic stories on /. to date by Anonymous Coward · · Score: 0

    news are fucking entertainment.

  27. no, no, and no,.. by way2trivial · · Score: 4, Insightful

    vcrs (famous betamax decision) helped people carry out an illegal act.. but it was legal.
    just providing the means does NOT equate into illegal actions.

    napster got in trouble because they kept the master file list on their own servers- and then couldn't filter out content the riaa & others wanted blocked.

    Laws concerning morality never fit in with the 'average' views of the citizenry--

    --
    every day http://en.wikipedia.org/wiki/Special:Random
    1. Re:no, no, and no,.. by Tim+C · · Score: 2, Insightful

      vcrs (famous betamax decision) helped people carry out an illegal act.. but it was legal.
      just providing the means does NOT equate into illegal actions.


      Conversely, just because the Betamax case went our way, doesn't mean that any other instance under consideration would.

    2. Re:no, no, and no,.. by Anonymous Coward · · Score: 0

      True enough. Those were more enlightened times.

    3. Re:no, no, and no,.. by demigod186 · · Score: 1

      Thanks alot for clarifying, I suppose CNN is getting to me with their anti filesharing propaganda. I stand corrected :-).

    4. Re:no, no, and no,.. by Anonymous Coward · · Score: 0

      Stop quoting Sony v. Universal. It's never been relevant to the P2P discussion. The case you want to cite is MGM v. Grokster which found that by basing your business on facilitating theft, you open yourself up to civil liabilities that you wouldn't have to deal with if the piracy just happened incidentally.

      Napster got in trouble because they built a business on theft, and got sued into the stone age. Others have suffered the same fate, and still more will as long as they say, "Hey, we can help kids steal music and movies and make a fortune through advertising on the service!" That's not okay.

    5. Re:no, no, and no,.. by Richard_at_work · · Score: 1

      napster got in trouble because they kept the master file list on their own servers- and then couldn't filter out content the riaa & others wanted blocked.

      Suprnova contained links to torrents (cant remember if it held the .torrent files itself, pretty sure it did). That in my mind is a direct corollation to the Napster master file list.

    6. Re:no, no, and no,.. by cHiphead · · Score: 2, Insightful

      Legal precedent is the deciding factor in most cases.

      --

      This is my sig. There are many like it, but this one is mine.
    7. Re:no, no, and no,.. by Just+Some+Guy · · Score: 1
      vcrs (famous betamax decision) helped people carry out an illegal act.

      For the record, VCRs also helped people carry out a legal act - timeshifting. Although they could be used for illegal purposes, that wasn't their primary (stated) purpose. That's what won Sony v. Universal.

      I think BitTorrent itself compares more accurately to VCRs here - although it can be used for illegal stuff, it has many well-known completely legitimate uses. That probably drives the *AA nuts, since is makes it much harder to demonize.

      --
      Dewey, what part of this looks like authorities should be involved?
    8. Re:no, no, and no,.. by Anonymous Coward · · Score: 0

      The only thing that a .torrent file contains that is illegal is sometimes a trademarked phrase. SHA signatures dont contain anything illegal and cant be used to generate anything illegal.

    9. Re:no, no, and no,.. by Anonymous Coward · · Score: 0

      You mean an unlawful act. Big difference.

    10. Re:no, no, and no,.. by rob_squared · · Score: 1

      What if a law is then written that contradicts it? Does that trump precidence?

      --
      I don't get it.
  28. sites come and go by beast6228 · · Score: 4, Insightful

    Suprnova may have been popular at the time, but like all websites, they come and go. There is always someone else to take their place. Remember isonews.com when it was taken down by the FBI years ago? Hey guess what? Their back up and running with a new website theisonews.com

    Now we have sites like thepiratebay.org which is probably one of the best torrent sites on the internet. Heck, they even tout the lawyers and post the threating legal letters on their website for everyone to read http://thepiratebay.org/legal.php
    Quite hilarious if you ask me.
    Of course you have other torrent sites as well, like torrentspy.com which is another popular site.

    sites come and go, they come and go....

    --
    ~Later~
  29. demonoid signup!???? by Anonymous Coward · · Score: 0
  30. "wait and see" ? by Presence2 · · Score: 5, Interesting

    How the hell does an admin go a week, let alone "November to December" without having a single clue as to why police would raid his servers? Why his site was shut down? Fear or apathy?

    His statement strikes me as someone who was simply hoping the problem would go away (as quoted) from the onset. More pressure on both the police and a legal defense from the onset could have both quelled the investigation as groundless and gotten the site back up.

    It's an unfortunate truth that law enforcement often only succeeds in setting legal precedent in computer investigations only because people aren't more diligent in defending themselves.

    1. Re:"wait and see" ? by hot+soldering+iron · · Score: 4, Interesting

      Are you an American? Then get a clue. According to the Patriot Act that our "representatives" *PTOOEY!* signed into law, all they have to do is say "Homeland Security", and you can be held INDEFINITELY, with NO CHARGES FILED, and NO PUBLIC RECORD, NO REPRESENTATION BY AN ATTORNEY, AND YOUR CONSTITUTIONAL RIGHTS ARE WAIVED!

      And that's in a country with a history of being one of the most free and liberal in the world. What do you think normally happens in Slovenia?

      How did the land of the free come to resemble Soviet Russia?

      --
      When you want something built, come see me. If you want correct grammar and spelling, get a F*ing liberal arts student.
    2. Re:"wait and see" ? by vortigern00 · · Score: 2, Interesting

      Have you ever been charged with anything?

      Whether it a criminal or a civil case, it's the same. You wait for MONTHS in horrid limbo waiting for the other shoe to drop. All the while the worst case scenario plays through your head over and over. There is nothing worse, in my experience, than being totally at the mercy of the legal system. And it becomes clear very early on that whether or not you are guilty of any wrongdoing matters very little.

      I thought this was just a problem with the US' horrid legal system, but apparently it's a problem in Slovenia as well.

    3. Re:"wait and see" ? by Anonymous Coward · · Score: 0
      AND YOUR CONSTITUTIONAL RIGHTS ARE WAIVED!

      Uh, wouldn't that be unconstitutional, by definition? How can a law that "waives constitutional rights" be a valid law?
    4. Re:"wait and see" ? by NuShrike · · Score: 1

      Orson Scott Card in his Ender's Shadow series? has mentioned that a land that has to proclaim their ideals of liberty and freedom so loudly redflags something. Specifically, that in order to maintain those "ideals".. it is a police state, or very much like Orwellian 1984. This seems very close to fascism to me.

      Of course, they're probably monitoring Slashdot very closely because it would be a hotbed of miscontent and future t 3 r ro r1 sts.

      Do dynasties fall every 400 years? Are we there yet?

      Go figure.

  31. Most telling piece of the article by hta · · Score: 3, Funny

    What is written above is just a short story of everything that went on during last year. I also do not want to give out too much information, since it wouldn't be wise.

    In the US, this would probably have said "after taking advice from my lawyer, I have decided not to say anything more".

    I wish him luck.
    1. Re:Most telling piece of the article by Shad_the_protector · · Score: 2, Funny

      Yeah, but would it be in the US, the case probably wouldn't have been dropped.....

    2. Re:Most telling piece of the article by elrous0 · · Score: 2, Funny
      If it had been in the U.S., he would have been lucky not to end up at Guantuanamo Bay with his family wondering what happended to him.

      -Eric

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
  32. hmmm by Anonymous Coward · · Score: 0

    what sloncek forgot to mention and always does is the fact that he actually made millions of SIT(his local currency) so he really didn't have a big problem living this year.
    And i bet suprnova suckers are still ready to pay him even more money for "servers" and stuff.
    ahhh the sweet taste of simply minded warez lovers =)

  33. A proverb by carcosa30 · · Score: 4, Interesting

    Crime is the art of knowing when to quit.

    -Me

    --
    Intolerance for ambiguity is the mark of the authoritarian personality.
  34. He's depressed. Good. by tabbser · · Score: 0, Flamebait

    Seriously, this site was a massive hub to pirated material.
    I looked at it a year ago and thought to myself, wow, this should be should down.
    I mean, links to torrent files of movies, music, software ...

    This is clearly unethical at best and should be shut down.

    Disclaimer : I'm a self employed software engineer and I defend my living vigorously. If you worked for yourself, sold your own software and someone pirated and made it availble on bittorrent, you'd see it the same way.

    If it was me, I'd have sued this guy, fuck his christmas.

  35. Better solution! by AoT · · Score: 1

    Spoofing!

    1. Re:Better solution! by Anonymous Coward · · Score: 0

      Darknet!

  36. Misinterpretation by ndogg · · Score: 3, Funny

    Looking at just the title, I was wondering about how one would go about stopping the explosion of a star, then I read the blurb.

    --
    // file: mice.h
    #include "frickin_lasers.h"
  37. Re:He's depressed. Good. by tabbser · · Score: 1, Troll

    The person who modded me flamebait is clearly a warez leecher.
    When you grow up you'll understand.

    Slashdot has gone downhill recently, they allow to many idiots to mod.
    I guess digg.com is the upcoming site, although they too have a lot to learn.

  38. Re:A proverb-Do NOT Step on... by BoRegardless · · Score: 3, Interesting

    The Jolly Green Giant's Toe!

    You may be right. JGG may have harmed you. JGG may have taken your property or deprived you of assets or income wrongly. But the JGG is so large that one little nudge can spell the end of your life, & (in the U.S.) he can get a legal judgement that goes even beyond bankruptcy. The JGG can get a judgement that locks you out of your field of expertise (unless you want to leave your native country, and even then today that may not help).

    Trust me that when they accuse you, it is a curse, and when they claim (rightfully or not) that you have caused $60 million (or pick the number they invent) of damages, and are willing to spend millions to shut you down (because they only claim something might not be right, and can say without penalty later, "well, I guess he didn't do anything wrong, but we didn't know that until we did discovery and got a jury verdict", and the JGG has no fear of being sued for malitious prosecution), you generally have no choice (though you might just be stupid enough to fight). What a horrible sentence (in so many ways).

    It happened, and stupidly I figured I did not have anything to worry about, since I did not cause them harm. The JGG just assumed I would eventually cause harm & they said "So hammer the SOB".

    In the end the JGG made a FATAL mistake, and David caused JGG to go back to his hole, but ONLY because the JGG organized a really horrible RICO crime operation, which I found out about when gathering evidence to defend my self (from where I will not tell), which would have landed the multi-national JGG in world headlines had they gone a single step further. /.rs might think "Great, a win for the small guy." It was on several levels, including that JGG went away, and I had no more restrictions. But do you have any concept what happens with multiple teams of rapacious lawyers over 5 years who work for you & me, who figure you are going to lose and go bankrupt anyway, so "Let's just bleed the chicken now, before he dies, so we can pay our overhead". I paid for more criminals to defend me than the JGG did to attack me. In the end, a single lone attorney, talked to the other side one time about the RICO issue, and in two days, the JGG was only a bad memory.

    It worked out to about $1 million in defense fees, out of pocket, the JGG was not harmed and I won?

    "You don't tug on Superman's cape and you don't mess around with JGG", to coin a variation which I suppose could infringe someone's copyright, except we are allowed to do short quotes for literary review.

    Some take longer than other to learn...some lie...some view themselves as immortal...but the time and money are what will take you down, if you insist on stomping on toes.

  39. On the contrary! by Phil+Urich · · Score: 3, Interesting

    Safe to say that the torrent community has gone downhill since, I'd say.

    On the contrary! Torrent sites have split up and decentralized, that is true. But that, in many ways, is a good thing, and the content has in many ways improved in quality; back in the days of Suprnova I still would search for most things via DC++ or IRC because the general level of quality and content was better, even if Suprnova had the quantity. But nowadays, even if they're harder to get into, the torrent sites have precisely for that reason grown more vibrant and connected within themselves. Instead of faceless posts of questionable content, we have tightly knit communities!

    Really, look me straight in the eye and argue that places like Demonoid and Dimeadozen aren't stellar examples of what the torrent community can be (each in their own ways; Dimeadozen perhaps the most notable, considering that it works expressly to share media from live music, and in doing so ensures a rather high quality of content, something that just wouldn't happen with stuff of similar subject matter back on Suprnova).

    --
    I remember sigs. Oh, a simpler time!
  40. Re:One of the most idiotic stories on /. to date by BarryNorton · · Score: 1, Flamebait

    Thanks for your much more eloquent posting, but I was pleased to hear about this - whether or not Sloncek was very coherent, that he'd re-surfaced was news to me. I'm happy this is on Slashdot, whether you like the subsequent discussion or not. You clearly don't care enough to use your own username, anyway, so crawl back into your hole...

  41. cry baby by Anonymous Coward · · Score: 0

    "This is the worse thing that has ever happened to me" - so get outside some more. You'll have a lot worse happen.

    1. Re:cry baby by Anonymous Coward · · Score: 0

      If one lives in a country witch strict copyright laws and has all his/her stuff hosted in a country with more laxed laws. How will he/she be charged. Will/Can he/she be charged.

  42. Re:He's depressed. Good. by Anonymous Coward · · Score: 0
    The person who modded me flamebait is clearly a warez leecher
    No, I think you were rightly modded flamebait as you went too far with:
    If it was me, I'd have sued this guy, fuck his christmas.
    I'm also glad that the following quite rightly outs you as a troll:
    When you grow up you'll understand.
    I think it's about time you grew up a little yourself...
  43. Laws... by In+Fraudem+Legis · · Score: 1

    Like they say, laws are for animals.

    --
    Per Aspera Ad Astra.
  44. Slyck Stricken With Stigmata? by bigtallmofo · · Score: 1

    Although Cydoor had cleaned up its act considerably since its earlier days, the stigmatism associated with the adware product doomed eXeem before it was ever released.

    I found this part of Slyck's writeup at http://www.slyck.com/news.php?story=1033 interesting. Now, I've never heard of Cydoor so I'm not sure which context of the word stigmatism Slyck was trying to go for:

    stigmatism Pronunciation Key (stgm-tzm)
    n.

    1. The condition of being affected by stigmata.
    2. The state of a refracting or reflecting system in which light rays from a single point are accurately focused at another point.
    3. Normal eyesight.

    --
    I'm a big tall mofo.
    1. Re:Slyck Stricken With Stigmata? by Halo1 · · Score: 1
      I think he meant it in the sense of "to be stigmatised by something". From my dictionary:
      (usu. be stigmatized) describe or regard as worthy of disgrace or great disapproval : the institution was stigmatized as a last resort for the destitute.
      --
      Donate free food here
    2. Re:Slyck Stricken With Stigmata? by NormalVisual · · Score: 1

      I think he meant it in the sense of "to be stigmatised by something"

      Then it should have read, "Although Cydoor had cleaned up its act considerably since its earlier days, the stigma associated with the adware product doomed eXeem before it was ever released."

      With editing skills like that in evidence, Slashdot should give him a call.
      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    3. Re:Slyck Stricken With Stigmata? by bigtallmofo · · Score: 1

      The problem with that is that if one is trying to use big words, "stigma" just isn't big enough. Add a few prefixes and suffixes... ex. antipropenultimastigmatism and voila! instant intelligent-sounding babble.

      --
      I'm a big tall mofo.
    4. Re:Slyck Stricken With Stigmata? by GlassUser · · Score: 1

      The problem with that is that if one is trying to use big words, "stigma" just isn't big enough. Add a few prefixes and suffixes... ex. antipropenultimastigmatism and voila! instant intelligent-sounding babble.

      Oh, you must know my step father!

  45. Doesn't matter! by Anonymous Coward · · Score: 0

    It doesn't matter if you're on static or dynamic IP. Your ISP keeps logs of IPs issued (changing your MAC will not help one bit either), and you also have a reverse DNS i.e. 216.109.112.135 resolves to w2.rc.vip.dcn.yahoo.com. Same for your own IP, even if it changes it should always resolve to the same thing (and from that you can get current IP as well). You don't get any more protection from being on a static IP whatsoever - just a false sense of security.

  46. The money went away by evanh · · Score: 1

    Sounds to me like the music-mafia have simply backed off on the case since their recent change of heart regarding BitTorrent.

    Evan

  47. What surprises me most.. by linforcer · · Score: 0

    Is that the police are at his house a month after he shut down the site. Sort of seems like going after a suspected murderer after giving him a month to leave town.

    1. Re:What surprises me most.. by Shad_the_protector · · Score: 1

      Well, when they raided his servers and all, they probably were on the case long before. But these case takes a lots of time and law on these sites are still a little unclear. Internet provider also tend to keeps their client personal info private, at least here in QC,Canada. Also, its not like a case like this was of the utmost important. They certainly had many other matter to take care before this one, like hacker and large spread viruses.

  48. Thank you by chord.wav · · Score: 1

    I think everyone here (including myself) owns him AT LEAST a paint of beer. For me, that site saved me a lot of trouble more than once.

  49. That's just the first letter... by TCQuad · · Score: 1

    If you add numbers to the name of the scanned JPG, you get the rest of the sequence of letters not linked to from the main page:

    Named (Andrej Preston) can take above mentioned objects at District State prosecutor office in Ljubljana in 15 days from receiving this letter. After 15 days, all objects will be destroyed.

    Named (Andrej Preston) can take above mentioned objects at District State prosecutor office in Ljubljana in 5 days from receiving this letter. After 5 days, all objects will be destroyed.

    Objects at District State prosecutor office in Ljubljana have been impounded.

    Objects at District State prosecutor office in Ljubljana have been crushed into a cube.

    Named (Andrej Preston) can take previously mentioned cube at District State prosecutor office in Ljubljana in 30 days from receiving this letter.

    1. Re:That's just the first letter... by celery+stalk · · Score: 1

      If I hadn't just lost my mod points, you'd get them.

      --
      aaaand...whee!
  50. waddya expect by Danzigism · · Score: 1

    well i guess thats what happens when you offer warez over HTTP.. atleast be a little more secretive.. shit man.. you know when your site comes in Google searches for free movie torrent downloads, that its NEVER a good thing.. its like a pot dealer with a delivery website.. you're gonna get caught.. but if ya just divvy it out amongst your friends, things are gonna be just fine.. god damn glory..

    --
    *plays the Apogee theme song music*
    1. Re:waddya expect by Zed2K · · Score: 1

      Gee, since when does having small data files with basically IP addresses in them mean "offer warez over HTTP"?

      None of this stuff was stored by him. He was basically a search engine, just like google. Google provides links just like he did so why wasn't all of googles servers and pc's confiscated?

    2. Re:waddya expect by Danzigism · · Score: 1

      good point.. but it still doesn't take a genius to see that the site obviously categorized and had specific sections for, "Games", "TV SHOWS", "MOVIES" etc.. a site like that easily gets discovered.. i just think there are MUCH better means of fileserving than a website.. its re-goddamn-tarded to have anything illegal on your website..

      --
      *plays the Apogee theme song music*
  51. Laws have nothing to do with morality by Anonymous Coward · · Score: 0

    Every religion there is condemns (usually to hellfire or whatnot) those who commit adultery, yet adultery is legal almost everywhere outside the Muslim world.

    OTOH no bible, whether Catholic, Protestant, Bhuddist, Muslim, Wiccan, or anywhere else condemns marijuana, yet pot is illegal almost everywhere.

    When the law and morality coincides, it's usually a coincidence.

  52. Process Servers by Kadin2048 · · Score: 1

    That's why we send process servers.

    The only time I've ever seen or heard of anyone getting anything mailed to them that told them to appear in court is for small claims. For everything else, someone goes in person to present them with the subpoena. Where I live it's the county sheriff (It's about the only thing the Sheriff's Office does besides transport prisoners) or a private process server.

    I suppose you could just try to deny that you were ever served, but I don't think you'd win that game when it came to your word versus the Sheriff's.

    Maybe they mail subpoenas in situations where the person who's being required to appear isn't going to be hostile, but if you were a potential criminal or civil defendant in the U.S., you probably wouldn't have the opportunity to just 'not pick something up at the post office,' because somebody would come to your house or workplace and give you the paper.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:Process Servers by Kent+Recal · · Score: 2, Funny

      your word versus the Sheriff's.

      Shoot the sheriff. And don't forget the deputy!

    2. Re:Process Servers by shotfeel · · Score: 1

      Maybe they mail subpoenas in situations where the person who's being required to appear isn't going to be hostile,

      Or, in this case if I'm reading it correctly, you're being let off the hook.

    3. Re:Process Servers by Guspaz · · Score: 1

      Things may work differently in Slovenia, where Sloncek is based. As much as it pains some people, the US legal system is thankfully irrelevant outside the US :)

    4. Re:Process Servers by Kadin2048 · · Score: 1

      I'm aware of this; however, the post that I was responding to was talking about the US (and Canada, although I can't respond to that part, being totally unfamiliar with their system) and whether or not a person in a similar situation here could have just ignored the notice, since it was sent through the post.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  53. Now this is a turn up by BarryNorton · · Score: 1

    I've seen a lot of people getting modded up, myself included, for criticising Slashdot this year, but to get modded down for defending it... !

    1. Re:Now this is a turn up by mkw87 · · Score: 1

      Yes, the moderation system (as of late months) is really, really in the shitter. Thats why I've been metamoderating a lot lately (every day). The ++ mods are usually right on target but a LOT (probably 50%) of the offtopic/flamebait/--mods are WAY uncalled for......as yours was definately not worthy of flamebait.

      --
      Arguing with an engineer is like wrestling a pig in mud. Soon, you realize the pig is dirty, and he likes it.
    2. Re:Now this is a turn up by Anonymous Coward · · Score: 0

      "...so crawl back into your hole..."

      You don't think this had anything to do with the Flamebait mod?
      I thought that's what flamebait mods were for, to mod flaming.

  54. Wow! by Jack+Johnson · · Score: 1
    It was from the prosecutor, saying by the law blah blah and blah blah the denunciation against Andrej Preston has been dropped. And I received all the CD's and computers that they took from me. This happened on 18th October 2005.

    That's amazing...It would never happen here. The lies and trickery I've witnessed from state prosecutors here in the US is sickening.

  55. Not only that by hummassa · · Score: 1

    AFAICR copyright infringement is _not_ a crime in Sweden.

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  56. For those who think nothing happened by blair1q · · Score: 1

    Confiscation of rapidly depreciating capital assets and diminution of character is not without cost.

    But nobody ever compensates you for this.

    And you're giving your government even more excuses to do it without true cause.

  57. That's wrong by gladmac · · Score: 1

    In general, Sweden is not free of copyright. There are however explicit provisions for copying anything to family and friends. This goes around to the labels through a general tax on all recordable media. Interesting idea, but it maddens you when you pay a few cents extra per DVD even when you're printing holiday pictures. If you are a frequent producer of material, you can apply for being exempt from the extra charge to media.

  58. Re:mininova.org Now, when comes the black hole? by davidsyes · · Score: 1

    The one that sucks the molecular substance out of these henchmen who bully or pay the police to seize equipment, documents, and cause upheaval in the lives of the occasionally innocent?

    They NEED to get in the habit of being forensically competent enough to COPY what they are looking for and then get the hell out of the house or abode. If they "carry out the public duty" and hold people's STUFF for months, depriving the person of his or her work, homework, or hobby, they should expect the WORST possible nutcase response or the mildest (if lucky) response.

    If they get in the habit of doing a thorough search and then COPYING instead of seizing, then the people who actually turn up innocent will be less pissed off. Those who ARE guilty of something will have to decide to be smart enough to 'booby trap' their servers. Even so, they'll have to use a load of attention-getting crypto, which will only implicate them more. So, when the police get a warrant to search and possibly seize, they should do some homework via the ISP and say, "If you can show us this guy is NOT really up to 'no good', then we can show up to you in the future with a better disposition (even if the RIAA is paying us or causing us to order you with this warrant...)..."

    Seizing equipment is not just about "preserving evidence" and "looking for clues"; it's the punishment factor that serves as a deterrent. But when the deterrent hits the wrong, innocent person... (Think "RAGE", George C. Scott movie in the 70's, in which the US Army loses several soldiers to chemical weapons test poisoning and then lies to their parents... GCS' character finds out he'd been lied to; hence, the title... Not the best of movies, but it can serve even in THESE times... stopy spying on the populace, lying to the populace, subjecting the populace to the whims of lazy corporations...

    I felt dismayed reading the article, but felt better that he's getting his stuff back. Was only a few months, but even if you have archives and try to get back to work with new equipment and your tapes or off-site disks, they'll find out from watching your traffic on the wire or signals leaking from your home, and they' be back with another warrant. You most likely will NEVER get anything done if they suspend their search for guilt in the name of suspending the search for innocence. Hence, a round-robbin of deterrence, delay, punishment and state-sponsored low-level terrorism in the name of corporates that over-price, get lazy about protection, over-protect, then whine about pirates.

    I think my copyrighted materials will be designed and released in such a way that copying will be less enjoyable than the real thing. I'll try to derive money not so much from selling copies of ones and zeroes, but from (affordable, non-greed-based) licensing and support... but, the proof will be in the future...

    --
    Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
  59. Commander Taco? Is that you? by Len+Budney · · Score: 1

    You forgot to log in.

  60. They'll host it . . . by mmell · · Score: 1

    As long as 50% of it is altar boys!

  61. Here's how the RIAA can shut this site down... by Anonymous Coward · · Score: 0

    or at least make a ton of money.

    It looks like the new site is still javascript based. So, all the RIAA has to do is to raid the site again, install spyware to infect the PCs connecting to it via your typical javascript exploit, and then they can do whatever they want. Prevent the PC from playing designated mp3s, build an iron-clad case in court (no more "it was my kid" defense), corrupt the torrents (though that's routeable), and put in a ton of ads on the PC. This is a money-making scheme for the *AAs just waiting to happen.

    Honestly, the ONLY reason the *AAs haven't been successful with some of these sites is because of a lack of understanding of technology, a lack of imagination, and a lack of real hacking skills.

    The only thing nearly as silly are the people like to flaunt the laws in their own country, and leave themselves wide open to javascript attacks.

    Personally, I stay away from lame sites that don't understand security; so
    I'll stick with PirateBay, thank you very much. Those folks look like they have a clue, at the least. Which is what you want, in case they ever get raided (think log files here).

  62. Yeah, I could see it now by phorm · · Score: 2, Funny

    WTF, this copy of "Dogma" is actually "The Passion" ... darn you VTH (Vatican Torrent Host)!!!

  63. Sanctions? by phorm · · Score: 1

    The RIAA or MPAA could impose economic sanctions on sales in that country

    a) Only on RIAA/MPAA music, domestic and independant is fine
    b) Only on new music
    c) Not likely from online merchants (since it's not a government sanction, but a corporate one, they cannot force all retailers to follow through)
    d) In a remote country, US music is probably already outrageously expensive
    e) If people can't buy it, the alternative of downloading becomes stronger

    They do have an influence. They showed a bit of force with the initial arrest. They'll show more force next time to get their way.

    Yes, but up to a point. Many countries other than the US have laws limiting the actions that corporate entities can take, even in the courts. Hell, within the US various states have laws that would limit certain behavior (SLAPP laws, etc).

  64. Intellectual Vs Legal reasons by phorm · · Score: 1

    Because there is an intellectual reason why they might (pissed off a bunch of corporate fatcats with his warez links) vs the legal reason (was an law actually broken in his country).

    Often enough it seems you don't have to actually break any laws, just annoy people who have a lot more money than you.

    1. Re:Intellectual Vs Legal reasons by MoneyT · · Score: 1

      You don't have to break any law to be investigated, there just needs to be reasonable suspicion. That's the whole point of an INVESTIGATION. To INVESTIGATE as to whether a crime has been comitted.

      --
      T Money
      World Domination with a plastic spoon since 1984
  65. Bigbrother? by penguinbrat · · Score: 1

    Maybe I RTFA wrong, but what I got out of it was that the big corporations that be went after another P2P site, and when it came down to the meat and potatoes nothing was being done wrong, but they still got their way. I know everyone around here hates the patriot act and the spying and such, but what really scares me is that atleast the government is kept in check by the constitution, declaration of independance, civil rights, etc.. (It's being pushed right now because we are at war, but that's another issue - and it will get turned around one way or another) - while the these corporations are only kept in check by the size of their war chest, and they have declared war on john que public...

    IMHO, bigbrother isn't coming from the government(s) but from the powerful corporations.

    At least when you are busted from the governments that be (you are presumed inococent until proven guilty) , depending on the nature of the crime - you are given a chance at rehabiliation because simply put the punishment is to fit the crime. While with the corporations, you are guilty untill proven inocent (the complete opposite), even if you are lucky enough to be able to afford to defend your self - atleast with the government if you aren't you are given a public defender, and in the mean time they are going after to ruin your life, and I'm sure succeeding...

  66. Poser! by SeanDuggan · · Score: 1

    I gave up on Poser because I didn't fully understand how to use it, and I didn't want to bother learning. If I had a friend who was already using it, I'm sure I would have asked lots of questions, and stuck with it. That's a freakin' powerful program. I can't even suggest that they simpify it, because if they did, they'd need to remove functionality. It wasn't really something I needed, and not really something I'd use a lot anyways. For what I do, GIMP is fine. :)
    Indeed, a wonderful program and a good example of a program which was priced low to sell in quantity. (And also so they can get fees for professional artists selling their models) *wry grin* Admittedly, that's in the "low-priced for professionals" category, so the hundred dollars or so is still beyond the amateur dabbler. It was also a reasonably intuitive interface once you got past those glitchy bits like the feet starting out cemented to the ground and the difficulty of undoing changes. The first three, at least, came with a fairly good instruction manual, but I can understand that that didn't make it into the pirated version.

    --
    This sig has absolutely no significance and serves only to take up screen space and waste the time of the reader.
  67. Gay porn? by Anonymous Coward · · Score: 0

    If you like 'em young, the vat will probably be willing to work out a deal.

  68. Encrypt that data by Anonymous Coward · · Score: 0

    Encrypt that data folks.

  69. MOD PARENT UP by Anonymous Coward · · Score: 0

    Please!

  70. Freedom by hummassa · · Score: 1

    Notice that copyright infringiment not being a criminal offense and being free of copyright are extremely different things. I, personally, don't think copyright infringement should ever be a criminal offense.

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    1. Re:Freedom by gladmac · · Score: 1

      Aha. Right. I think it is a criminal offense in Sweden, to the extent it's forbidden at all.

  71. Disruption by phorm · · Score: 1

    Yes, but when the investigation disrupts your business/life severely, at a certain point it becomes unreasonable. If all it takes is a "tip" from a wealthy complainant to have your servers/property seized, then it puts too much power in the wrong hands. Just because harassment is done using the law doesn't make it any more right.

    You might expect the police to march in and ask questions, I doubt many people expect them to walk in and walk out with all your electronics equipment.

    1. Re:Disruption by MoneyT · · Score: 1

      Depends on whether having said equipment would be dangerous to the investigation. If the police have reason to believe you are comitting a crime, and that the evidence of that crime is on your computer, and they have obtained the warrants, then it is perfectly reasonable for them to sieze your systems for the investigation. Unless you think they should inform you a head of time to schedule a time to take your systems when it won't disrupt you, and no, they don't mind if you run a magnet over the drives.

      --
      T Money
      World Domination with a plastic spoon since 1984
  72. Different from Google how? by jr78 · · Score: 1

    I was searching for info on a certain band the other day on Google. On page 2 of the search results was somebody's website where 2 full cds of the bands music was in a directory which was indexed by google. Google provided me with the location of where to obtain these files yet the police aren't knocking on there door for providing this information. How was SuperNova doing anything different from what google is doing by indexing where to find the information on the internet?

  73. I'm confused by Anonymous Coward · · Score: 0

    I don't understand how you could shutdown a supernova. I mean, when one of those babies decides to blow, that's that.

  74. Not the problem by phorm · · Score: 1

    Indeed, if they have gained enough evidence ahead of time to indicate criminal activity is taking place, then they should be able to seize systems. However, if I - being not a large corporation - had made a complaint similar to the ??AA, would the same situation have occurred? If the servers belonged to a larger corporation, perhaps a bank, would they have so easily decided to seize them?

    1. Re:Not the problem by MoneyT · · Score: 1

      Ah, but now we're talking about size of disruption. A bank having all their servers shut down is a far more major disrutption to more than just the bank, than a personal torrent site being shut down. As unfair as it sounds, a bank going down hurst more people than torrents going down. However, in the case of a bank, more likely than not instead of confiscating the servers, they would instead be posting armed guard or otherwise causing a different disruption.

      As far as the wieght of your complaint were you a smaller corporation, keep in mind that the RIAA is not a single entity per se but 5 corporations leveying charges, plus somehow I doubt your complaint would be as well written as theirs. Remember it's all how you make the crime out to be that determines how quick and with what force the law responds.

      --
      T Money
      World Domination with a plastic spoon since 1984
  75. Criminal offense vs. Civil liability by hummassa · · Score: 1

    Lots of things are forbidden but are not criminal offenses. When you do something that is a criminal offense, you are subject to penalties determined by law (fines, jail time, community service, etc.) When you do something that is forbidden but is not a criminal offense, you are still subject to the civil liabilities (also known as "damages", indemnizatory or punitive.)
    Some jurisdictions consider copyright infringement as simply a civil offense, ie, something that is forbidden to do but will not land you in jail for doing -- if you're caught and taken to court, you'll still have to pay damages to compensate the copyright holder for their loss of income (and, where applicable, possibly punitive damages.) You are investigated by the copyright holder, and prosecuted by his lawyers (which are good) but the standard of evidence that must be held against you is somewhat low (which is bad.)
    Other jurisdictions (like Brasil, where I live) consider copyright infringement as a criminal offense, ie, in casu, you get to be investigated by the police, and prosecuted by the D.A., and you can land in jail for up two years "soft jail" in the case of music and for up to four years "hard jail" in the case of software (which are bad) and OTOH the standards of evidence that must be held against you are are high ("beyond reasonable doubt" mumbo-jumbo -- which is good.)

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048