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World's First Jail Sentence for BitTorrent Piracy

Rob T Firefly writes "Hong Kong newspaper The Standard reports on what seems to be the world's first case of a BitTorrent movie pirate being sent to jail. (Others have been jailed for related crimes.) After losing his appeal against a November 2005 conviction, Chan Nai-ming, a 38-year-old BitTorrent user known as 'Big Crook,' has begun serving a prison sentence for making the films 'Daredevil,' 'Miss Congeniality,' and 'Red Planet' available for download via BitTorrent. His appeal was based on the fact that he did not profit from the piracy." From the article: "[Appeals Judge] Beeson noted [convicting magistrate] MacIntosh, in handing out the sentence, was fully aware of the noncommercial nature of the case, but measured the seriousness of the case by the harm done to the moviemakers — not by the gain made by the offender. Chan, and those in the chatroom, 'were aware of the possible criminal implications of uploading films to the system,' Beeson wrote. She also noted the sentence was already drastically reduced, from a maximum of four years, to three months, in order 'to reflect the novelty of the conviction.'

18 of 280 comments (clear)

  1. wow by joss · · Score: 5, Funny

    > BitTorrent movie pirate being sent to jail. (Others have been jailed for related crimes.) After losing his appeal against a November 2005 conviction, Chan Nai-ming, a 38-year-old BitTorrent user known as 'Big Crook,' has begun serving a prison sentence for making the films 'Daredevil,' 'Miss Congeniality,' and 'Red Planet' available for download via BitTorrent

    Damn, I didnt know bad taste was a jailable offence.

    --
    http://rareformnewmedia.com/
    1. Re:wow by HappySqurriel · · Score: 5, Funny

      Now if only they would arrest the people who were involved in making those movies ...

    2. Re:wow by ggwood · · Score: 4, Insightful

      Ya, and since "[the judge] measured the seriousness of the case by the harm done to the moviemakers" the sentence should be the movie makers handing cash to this guy. He's advertising their crappy movies for them, for free.

      --
      a war on terrorism? How can we end a war on a method?
    3. Re:wow by geekoid · · Score: 4, Funny

      I would be happy with just the arrest of Ben Afflack

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    4. Re:wow by RKBA · · Score: 4, Insightful
      What else can you do to him that hasn't already been done?
      Hanging for treason against the American people and the United States Constitution?
  2. Please remind me again by Psionicist · · Score: 5, Insightful

    Please remind me again how this man is so dangerous to society he must be locked up in jail.

    1. Re:Please remind me again by AndersOSU · · Score: 4, Insightful

      You know sometimes we put people in jail for reasons other than they are dangerous, like to punish them... Otherwise a "white collar criminal" would never have to do jail time.

    2. Re:Please remind me again by Rob+T+Firefly · · Score: 4, Insightful

      You try telling anyone whose life savings were vaporized by the fallout from Enron and such that white-collar criminals aren't dangerous.

    3. Re:Please remind me again by AndersOSU · · Score: 4, Insightful

      Yes, but we didn't send the Enron guys to jail because they're dangerous. We sent them to jail because they were bad (among other reasons.) We could make Enron execs effectively harmless in the future by banning them from certain business positions.

      When we talk about sending someone to jail because they're dangerous it usually means preventing them from physically harming people in society at large.

    4. Re:Please remind me again by AndersOSU · · Score: 5, Insightful

      Jails are for lots of things, rehab is perhaps the aspect they are least effective at.

  3. If he had been living in the US by Hubbell · · Score: 4, Funny

    He would have gotten away with it due to the fact that they mention a chatroom, which more than likely means IRC, and nearly every single IRC channel related to piracy has the standard: If you are an agent of the government, you cannot enter here yadayada legalspeak yadayada.

  4. Saturation by Anonymous Coward · · Score: 5, Informative
    To review the saga:


    Here Hong kong announces their plan to find people violating copyright using BitTorrent.

    Here is the report where they actualy find a guy.

    The conviction.

    Now he has been sentenced. Hooray, we were right there with you all the way dude, at least in a metaphorical sense.

    As a contest, the prize for which is my unending admiration, lets all agree not to rehash the same tired arguments in the 3 links above.

  5. "Magistrate MacIntosh..." by Anonymous Coward · · Score: 4, Funny

    "I'm a Mac, and you're going to jail."

  6. Actual harm done by LParks · · Score: 4, Interesting

    "MacIntosh, in handing out the sentence, was fully aware of the noncommercial nature of the case, but measured the seriousness of the case by the harm done to the moviemakers"

    I imagine that the moviemakers actually did lose sales on these products, because most of the people that downloaded and watched these movies probably realized how bad they were and lost interest in purchasing them.

    These companies want you to be blindfolded, and purchase based on 30 second blurbs with a catchy voice saying exciting things. When people see product they can make an actual informed purchase (or non-purchase).

  7. what a turn of fate... by east+coast · · Score: 4, Funny

    Chan Nai-ming, a 38-year-old BitTorrent user known as 'Big Crook,'

    In prison his user name will be "Ben Dover"

    --
    Dedicated Cthulhu Cultist since 4523 BC.
  8. Re:Prison sentence? by danpsmith · · Score: 4, Funny
    If anyone deserves it it was him.

    Can you just imagine what it would be like to be in the big house on this charge?

    Cellmate: "Whatcha in for man?"

    Nai-ming: "Miss Congeniality and Daredevil, how about you?"

    Cellmate: "Double-murder, you're a Daredevil huh? well you'll be Miss Congeniality tonight."

    --
    Judges and senates have been bought for gold; Esteem and love were never to be sold.
  9. Re:It's called deterrence. by jb.hl.com · · Score: 4, Funny

    Even though there exist heterosexual men and women in the world, they don't all want to fuck each other all the time

    We're on Slashdot. We're already fully aware of that. ;)

    --
    By summer it was all gone...now shesmovedon. --
  10. Re:Just what is "Uploading" in this case? by Kijori · · Score: 4, Funny

    But bittorrent is if someone else gives them the sheet and you give them the letters to fill it in. I don't think anyone's going to find you guilty for selling alphabet soup in the knowledge that they might write something bad.