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ThePirateBay.org Raided and Shut Down
An anonymous reader writes "ThePirateBay.org, a longtime fixture of the BitTorrent community, is currently under investigation. Slyck.com is reporting their servers have been seized by the Swedish police." What's really interesting about them is the strange political power that they held in their homeland. There was much discussion even of a political party. This will be interesting to watch unfold.
What we probably have here is pressure (who doesn't doubt it didn't go down like this) from a foreign organisation to shut down something that's legal under Swedish law. (The torrent files themselves contain no copyrighted information).
Is this going to permanently shutdown thepiratebay.org? I doubt it.
Is this going to help the Pirate Party's chances for election in the September elections and be detrimental to the content oligopolist's interests in the long run? Hell yes.
Mildly offtopic, if TPB is shutdown, the thing I'm going to miss most is their 'legal' section (with legal threats + responses) - here's one of my favorite responses (via google cache): (in response to a threat from Sega europe)
There are shills on slashdot. Apparently, I'm one of them.
From the first link, the aims of the Pirate Party seem to be:
My work here is dung.
In their native Sweden, ThePirateBay.org enjoyed a level of immunity from copyright prosecution rarely seen in the file-sharing world. Often defiant in the face of those wishing to enforce their intellectual property rights, ThePirateBay.org would go on to become one of the premier BitTorrent indexing and tracking sites.
As one of the largest trackers, ThePirateBay.org largely replaced the demise of the SuprNova.org search engine. SuprNova.org met its demise in late 2004, when it was under pressure from the entertainment industry to shut it operation down. Conversely, such pressure has been ineffective against ThePiratebay.org.
When such political pressure fails, the use of force is typically the next course of action. In a move that many thought would never come, Slyck.com learned this morning that ThePirateBay.org was raided by Swedish police.
"...The police right now is taking all of our servers, to check if there is a crime there or not (they are actually not sure)," ThePirateBay.org spokesperson "brokep" told Slyck.com.
The seizure of ThePirateBay.org's entire server farm will guarantee this BitTorrent tracker will remain offline until the police complete their investigation. Whether this will keep ThePirateBay.org offline indefinitely is another matter.
"We are not sure when it will return, but we are moving it to another country if necessary," brokep said.
According to The Pirate Party, a Swedish copyright reform organization, the raid also seized Piratbyrån's (the Pirate Bureau) servers. In addition, The Pirate Party reports "...the servers where located in a protected area, to which the police had no legal right to enter..." Approximately 50 police participated in the raid, which placed into custody two PirateBay.org personnel.
The premature departure of ThePirateBay.org marks a significant turning point in the BitTorrent community. Although it's not currently known what, if any, entertainment entity is behind this raid, failure to secure ThePirateBay.org's permanent removal will only bolster this tracker's position of defiance.
Let's face it, it's illegal and they got caught.
Maybe some of the content was illegal, but what Pirate Bay did was not - at least by Swedish law (IANASwedeL). All they did was host tiny text files and provice a search database. They were a tracker, not a host.
This is basically the same as American cops raiding Bell because the Yellow Pages lists the phone number of a paper mill, and paper can potentially be used to write harassing letters.
I got off the phone with Swedish police, they confirm raids in the Swedish file sharing community and at least two brought in for questioning.
I talkt to the Pirate Party leader, he confirms the raid, confiscated servers (Both Pirate Parties and The Pirate Bay), saying there were 50 policemen in the raid this afternoon (14:00 Cent Eur time).
"The Pirate Bay nedstängd
Polisen genomförde idag en rad husrannsakningar mot lokaler där The Pirate Bay bedriver sin verksamhet. Klockan 12 30 stängdes sidan thepiratebay.org ned.
The Pirate Bay var fram tills igår knutpunkten för en stor del av världens illegala fildelning. Enligt egna uppgifter fanns det en dryg miljon användare som kunde laddade upp och ned främst filmer, spel och musik. Genom sin storlek och uttalade målsättning att hänga ut och håna berörda upphovsmän gjorde man The Pirate Bay känd över hela världen. Sverige blev internationellt känt som en fristad för dem som begick upphovsrättsbrott på Internet. Detta utnyttjades ekonomiskt för en omfattande försäljning av annonser, porreklam och insamling av donationer.
Det är bra att den svenska polisen nu prioriterar denna typ av brottslighet. Det är upphovsrätten som finansierar nyskapandet inom film, datorspel, musik och övrig kultur. Den som bryter mot upphovsrättslagen stjäl från framtidens kreatörer och biopublik. Därför är stängningen av The Pirate Bay bra för alla oss som uppskattar ny film och underhållning säger Henrik Pontén, jurist på Antipiratbyrån.
Svenska produktioner drabbas i hög grad av den illegala nedladdningen, säger Per-Erik Wallin, Föreningen Sveriges Filmproducenter. Om svenska filmer finns tillgängliga på nätet före premiären innebär det minskade chanser att filmerna ska spela hem produktionskostnaden och mindre medel för att göra nästa film. Det drabbar både manusförfattare, regissörer, skådespelare och filmarbetare."
Roughly translated
"The pirate bay closed
Today the police raided multiple places were The Pirate Bay conducts its operations. At 12.30 the site thepiratebay.org was closed.
The pirate Bay was until yesterday the center for a large part of the worlds illegal filesharing. According to piratebay itself there was over a million users who could upload or download foremost movies, games and music.
By its size and outspoken goal of ridiculing authors The pirate Bay got known all over the world.
Sweden got known internationally as an asylum for those who commited copyright crimes on the internet. This was use economicaly for a large scale sale of adds, pornadds and donations.
It is good that the swedish police now priority this kind of crime. It is the copyright that finances creation in movies, computergames, music and other culture. Whoever breaks the copyright steals from future auothors and cinema audience. Therefore the closing of The Pirate Bay is good for all of us that apreciate new Movies and entertainment says Henrik Pontén, legal advisor at Antipiratbyrån.
Swedish productions are very much affected by illegal downloading, say Per-Erik Wallin, Föreningen Sveriges Filmproducenter. If swedish movies are availible on the net before the premiere chances are smaller that the movies will get the production cost back and less means to make the next movie. It affects both scriptwriters, directors, actors and filmcrews."
Note that this truly is a crappy translation.
The DMCA has nothing to do with it. They are illegal in the US, because the US treats contributory infringement (i.e. knowingly helping someone infringe), vicarious infringement (i.e. profiting by another's infringement), and inducement (i.e. strongly encouraging someone to infringe in conjunction with assistance) as being punishable just as much as direct infringement. The idea of secondary liability is fairly common in our legal system.
Whether Sweden has anything like this, I have no idea.
-- 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.
The Pirate Bureau have set up a temporary news blog to inform the public about this whole incident: http://piratbyran.blogspot.com/
Shutting down The Pirate Bay can be compared to shutting down Google, by Swedish laws. Both sites supply a search engine with which you can find legal and illegal material on the internet. TPB will prevail.
And here's where you're wrong and trolling:
We're not talking about the DMCA, we're talking about basic theft.
NO, NO, NO, WRONG.
Theft is when YOU HAVE SOMETHING, SOMEONE ELSE TAKES IT, and YOU NO LONGER HAVE IT.
This is copyright infringement. It is NOT the same thing as theft. In a way, the copyright owner has something, someone else takes (an exact replica of) it, but the copyright owner STILL HAS IT.
It is not as simple as "reduce the problem down to something you can understand and digest easily", and "repeat it often enough, it becomes true". You can't make a simple analogy out of this; it is not a simple problem. Attempt to understand it. Bring yourself to it's level; not vice versa. This works for all complex problems, be it micro v. macro kernel, evolution v. creation, pro-choice v. pro-life, etc. Elevate your understanding.
~Wx
sig?
Christian Engström, Former Member of the European Parliament 2009-2014 for The Pirate Party, Sweden
Full article in English here with recent quotes direct from the Swedish police and the leader of the Pirate Party. Apparently it's a very early stage in the investigation - so maybe more arrests to come?