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Pirate Bay Raid Investigation Finished

A Pirate writes "The Swedish Ombudsmen of Justice (JO) has finished the investigation of the Pirate Bay raid where close to 200 servers were confiscated. Just a fragment of these were actually Pirate Bay's and this led to both the police and prosecutor being charged with official misconduct, but the judges dropped the cases. In the report published by the JO he concludes that the judges were right, but there is also some very interesting information about how the MPA, IFPI and the American embassy tried to push the Swedish Minister of Justice and Secretary of State into influencing the police and the prosecutor to act upon The Pirate Bay."

17 of 234 comments (clear)

  1. Good. by SatanicPuppy · · Score: 5, Interesting

    Legal or not, a raid that takes down a ton of sites as collateral damage is a fricking joke. What's the worst case scenario? They actually have to do an investigation, rather than just whacking a whole data center?

    If I owned a site that was taken down for the crime of using the same host as TPB, I'd be assembling a team of rabid attack lawyers, and training them to go for the wallet.

    --
    ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    1. Re:Good. by dinodipp · · Score: 2, Interesting

      I'm not a lawyer and the only contact i've ever had with one was kissing one on new years eve a few years back (she was tall and downright swedish girl cliche beautiful). I think i might have sidetracked, anyways. To answer your question, yes. I think US companies have more protection when it comes to these sorts of things than we do but that's not the same as saying that normally a company would be without compensation, just not millions of dollars.

    2. Re:Good. by theRiallatar · · Score: 2, Interesting

      Maybe JASC is out the $150 they would've got for PaintShop by my using GIMP instead.

    3. Re:Good. by Anonymous Coward · · Score: 1, Interesting

      Just ask Steve Jackson Games in the US. They were raided for selling a "hacker handbook" (which was in reality rules to a cyberpunk pencil-and-paper RPG), and had all their computers seized along with property destroyed.

      It's been almost 20 years since then, and they've yet to get all their computers back, let alone damages...

    4. Re:Good. by Kjella · · Score: 2, Interesting

      Or based on Occam's razor, beyond +/-1 the mods are oblivious. You can post a pure opinion piece and get +5, Informative while a straight up facts-quote with no added insight can get +5, Insightful.

      --
      Live today, because you never know what tomorrow brings
    5. Re:Good. by Kjella · · Score: 2, Interesting

      This isn't logic, this is marketing. (...) Monetary damages due to pirated intellectual property are nothing but myth.

      If and only if you truly never ever would pay for anything, even if you were unable to pirate anything, would that is true. If tomorrow you couldn't pirate Windows, MS Office, Photoshop or any other software and every piece of pirated software you have is gone, would you go cold turkey and use only Linux, OpenOffice and GIMP? Or would you pay for a legitimate version of something, which is the monetary loss you claim doesn't exist? Even if you're the mythical 2% that can do without, but 98% of the world's dekstops runs a commercial OS.

      Yes, there is a market distorting effect here, for example if couldn't pirate Windows you might buy a Mac, StarOffice and PSP instead, so technically the ones hurt need not be the same as the ones you pirate from, but you're really grasping at straws to defend yourself here. The market is hurt every time you avoid paying money through piracy. Maybe in your world that doesn't happen, but in the real world it does.

      --
      Live today, because you never know what tomorrow brings
    6. Re:Good. by TheVelvetFlamebait · · Score: 2, Interesting

      This isn't logic, this ismarketing
      It isn't marketing, it's opinion. It's his opinion that there is a distinction between losing a sale to a competitor and losing a sale to copyright infringement (piracy is such a misleading term). One benefits the music industry and is legitimate competition, the other is illegal and does not support the industry that created and supported it. Taking what you want when you want is generally unhealthy for industries and the economy.

      And that does hold up to rational discourse. It is perfectly rational to feel moral obligations to reimburse the creators of things for their investment. It is also rational to assert that the industry will suffer because of the selfish people who download in the place of buying.

      It is not particularly rational to consider copyright infringement just another competitor for the record industry, since it simultaneously hurts and relies upon the industry. It's not like we can solely rely on P2P; there needs to be labels to back 'em up. If the indie labels allow you to share their songs, so be it. But if the content creators (like the RIAA) don't want it, that is their right, and copyright law says that we should honour that.
      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  2. Re:I disagree with the tactics. by 91degrees · · Score: 5, Interesting

    If one person buys the DVD and distributes it to the world does anyone really believe that movies will keep getting made.

    Of course they will. They just won't be sold on DVD.

    But do you think it's likely that that will happen?

  3. Re:Looks like the man won by phasm42 · · Score: 2, Interesting

    I wonder how the JO would feel if he were kicked out of his house or lost his car or his paycheck for a week because his neighbors were under investigation.

    --
    "No one likes working in a hamster wheel, and your shop smells of cedar shavings from here." - TaleSpinner
  4. Swedish Constitutional Law 101 by Hackie_Chan · · Score: 5, Interesting

    The reason why it is such a big deal that the American embassy tried to push the Swedish Minister of Justice and Secretary of State into influencing the police and the prosecutor to act upon The Pirate Bay is because of this: according to the Swedish law it is not permitted for the Minister of Justice to tell what the police should do (in Swedish we call this 'ministerstyre'). The minister is not even allowed to speak on individual cases. To you guys in the US or Britain this might seem weird, but that's how things work over here.

    What happened with the raid on Pirate Bay could very well be a constitutional offense. That is of course after the Committee on the Constitution have properly investigated it. This is serious business.

    --

    What's so bad about being lazy? What if there was a war and nobody showed up?
  5. Re:I disagree with the tactics. by cdrguru · · Score: 2, Interesting

    It is certainly within the power of people on the Internet to eliminate all profit associated with DVD movies. Almost overnight.

    The question that people need to think about is "We have the power. Should we use it?" This was done in the 1980's for the Apple platform - nobody produced games for this after around 1984 or so because pirate BBS were so prevalent that it was impossible to make any money selling a game. The same can be done for DVD movies.

    It can also be done for music. Books are a little harder, but as soon as Google Books is cracked there will be little need for anyone to actually do something hard to acquire the text of a book.

    Why isn't this happening? Mostly, laziness I feel. And lack of organization.

  6. Napster II by Anonymous Coward · · Score: 1, Interesting

    I punched "top gear past episodes" into Google (honestly looking for a way to pay someone for the content) and among the results was a link to PB's site; Seasons 1-8 available in a single 29GB torrent. Eight years of BBC copyrighted material plus Clarkson's movie in a single download. All festooned with adds I'm pretty sure the BBC isn't getting a cut of...

    Whatever you think of the policy and practice of the copyright police, there is no way in hell that is going to be tolerated indefinitely by media producers and distributors. PB can buy all the Sealands they want; Hollywood and the rest will just sue the ISPs for providing the bandwidth. The rest of the world will continue to be more than happy to let the US legal system do the dirty work.

    If you've been pulling stuff from PB don't be surprised when you get a letter a year from now with a bill attached. It's been a few years since the Napster hubbub and both new arrivals and recalcitrant veterans need to (re)learn how it works.

    Posted AC due to the vanishingly small number of Slashdot moderators that earning a living making or distributing media.

    1. Re:Napster II by lilomar · · Score: 2, Interesting

      Posted AC due to the vanishingly small number of Slashdot moderators that earning a living making or distributing media. The problem isn't that the state of copyright infringement is keeping people who earn a living making media from profiting. It's that it is keeping people who make a living distributing media from profiting. The distributors don't pay the makers any differently whether the film is pirated or not. The real problem is that we no longer need the distributors; And they don't like it. It is time for a paradigm shift.

      --
      The creator of this post (Jacob Smith) hereby releases it, and all of his other posts, into the public domain.
    2. Re:Napster II by evilsofa · · Score: 2, Interesting

      "If you've been pulling stuff from PB don't be surprised when you get a letter a year from now with a bill attached. It's been a few years since the Napster hubbub and both new arrivals and recalcitrant veterans need to (re)learn how it works."

      Apparently you need to learn how torrents work. It's nothing like Napster. You don't "pull stuff" from PB. They don't serve any content. PB has no idea what content you downloaded, nor do they have any idea who got content from whom, any more than a phone book company knows who you called or what you talked them about.

      Since you could download a torrent file from PB and then delete it without ever opening the file with a bittorrent client, data collected from PB about who downloaded torrent files is therefore meaningless and legally useless. You have to collect evidence on the actual transfer of content, which never touches a PB server. And, in case you haven't noticed, the RIAA is turning out to be terribly incompetent at doing that.

  7. Re:Police and prosecutor should be prosecuted. by apathy+maybe · · Score: 3, Interesting

    Well, as this is Slashdot and not an academic paper, I really can't be fucked doing such a study or finding evidence to support my position. However, I have read and been told of a number of cases where the police have used excessive force when arresting suspects or shooting people (black people who have wallets for example). The Rodney King case is an example, or numerous cases during the civil rights movement in the '60's.

    The case where I did provide evidence to the contrary, I only found out that the cop was being charged after looking for information on the case. And it was only after an independent person examined the evidence.

    Also, as a comment somewhere above points out, in Sweden you basically have no recourse when suing the government. The another comment in the same thread talks about the Steve Jackson games case.

    As to your question about the police and prosecutors. I simply quoted that from the summary. But they work together. The police arrest you and attempt to find evidence to convict you, the prosecutor attempts to convict you. They both have an interest in having guilty verdicts.

    --
    I wank in the shower.
  8. I got into a debate about this with a friend by Solandri · · Score: 2, Interesting
    "Poking their nose into someone else's business" implies the party doing the poking has no vested interest in the outcome. I would argue that the U.S. does what it does because it does have a vested interest in the outcome. The U.S. see the Netherlands as a haven for drug traffickers (true or not) exacerbating a domestic drug problem (so it believes), so they pressure the Dutch into implementing certain policies. The U.S. sees music and software piracy as detrimental to industries based in the U.S. (true or not), so they pressure other countries into cracking down on copyright infringers. If you think about it, it's totally unreasonable to expect an entity (individual or government) to not advocate the things it wants. He who buys high and sells low does not stay in business for long.

    The other aspect of this is that any agreement has to be reached by the mutual consent of two parties. AFAIK the U.S. has not resorted to threats of physical violence in these cases (Iran, Iraq, North Korea excepted). So the agreement is entirely socio-economic. The U.S. says if the Dutch don't do what they want, they'll take their ball and go home. While that's certainly immature behavior on the part of the U.S., it is well within its rights to do so. The Dutch do not have a fundamental right to play with the U.S.'s ball, and their rights are not being violated if the U.S. decides to take the ball away.

    So then the question is simply one of negotiation and price. The Dutch evaluated what the U.S. was offering for complying with the U.S.'s requests, and decided it wasn't worth it. The Swedes did the same, and decided it was worth it to them to comply with the U.S.'s requests. The Swedes are the ones you should be mad at - they sold out. The U.S. did not hold a gun to their heads, they simply offered certain things (including possibly the threat to take away existing socio-economic relationships). The Swedes were the ones who decided it was worth it to them to do what the U.S. wanted. You do the same kind of decision-making when buying a car, unless you're one of those people who always pays whatever the dealer asks for.

    Yes, the U.S. may use its economic clout to bully others. But those policies are what allowed it to gain that economic clout in the first place. It's irrational to believe it would spontaneously give up that which allowed it to become powerful (and indeed one could argue that it remains powerful because it adheres to those policies). Like all bullies, if you want to get rid of them, you have to stand up to them. The world's economy is 3x larger than the U.S.'s. The U.S. needs the world more than the world needs the U.S.

  9. Mod Parent Up by fyoder · · Score: 2, Interesting

    That's a nice breakdown. Another difference between material objects and copyable files is that there's a sort of coercive element to the material -- we've got it, if you want it, you gotta pay what we're asking. Files can, with some effort, be gotten for free. The value of the commercial product is in quality of the files and overall packaging, as well as ease of access. These are things worth paying for, even if you could get the content for free, though as you outline, what people are willing to pay will vary. However, the lower the price, the more people there are who will be willing to pay.

    For myself the only exception is music sold by RIAA member labels (EMI, Sony BMG Music Entertainment, Universal Music Group, Warner Music Group, others). As far as I'm concerned, it doesn't matter how they price their product, they aren't going to get one red cent from me until they stop suing their customers, especially the weakest amongst us like children, single mothers, people on disability.

    --
    Loose lips lose spit.