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MPAA Sets Up Fake Site to Catch Pirates
thefickler writes "Media Defender, a company which does the dirty work for the MPAA, has been caught setting up 'dummy' websites in an attempt to catch those who download copyrighted videos. The site, MiiVi.com, complete with a user registration, forum, and "family filter", offered complete downloads of movies and "fast and easy video downloading all in one great site." But that's not all; MiiVi also offered client software to speed up the downloading process. The only catch is, after it was installed, it searched your computer for other copyrighted files and reported back."
I just told all my friends about that site. Knew it was too good to be true.
\.
Can you say "entrapment" boys and girls? I knew you could.
OTOH, it's not like the people who would have been caught by this were innocents. I dislike pirates only a bit less than I dislike the scumbag tactics the MPAA and RIAA have been using to try to catch them. I'd have liked to see how they were trying to entice people to pirate movies and how their site was set up before I judged how wrong this was on a scale from 1 to 10.
--Greg
Start a happiness pandemic
I would think that this process of detection would have to be spelt our pretty clearly in the eula for it to even be feisable for them to try to use this against users.
Doesn't this violate various anti-spyware laws? For example, here's Illinois' law:
Creates the Consumer Protection Against Computer Spyware Act. Sets forth provisions for unauthorized collection or culling of personally identifiable information, unauthorized access to or modifications of computer settings and computer damage, unauthorized interference with installation or disabling computer software, and other prohibited conduct. Provides that certain persons may bring a civil action against a violator of the Act. Exempts willful and wanton misconduct from the limitation on liability.
Unless an EULA actually states that their software shares your harddisk's contents with another party this it's utterly illegal. Everybody reads the EULA's don't they?
Stories about MPAA shenanigans could just as easily and correctly be entitled, for example, "Sony Sets Up Fake Site..." (Or Disney, or Universal, or Paramount, or Warner). MPAA is, after all, simply their agent in these matters.
Equine Mammals Are Considerably Smaller
How did you hear about it? I'd be interested in learning how they advertised their existance. Forum posts? I've never heard about this site, and I often frequent the shady parts of town.
People should not have to worry about tricks like this. It should be (and probably is) illegal. It should be easily punished.
Unfortunately, I'm so jaded that I truly believe no one will get so much as a slap on the wrist over this.
I'm guessing, in the US at least, if they setup the site properly there would be nothing illegal about it. They could host "pirated" movies that the copyright owners gave them permission to use in this fashion; the EULA could specify that they are are allowed to search your machine for files and report back what is found and use the information in any manner they pleased.
Of course, I would also guess a defendant would get little sympathy for the "I was tricked" defense.
I'm a consultant - I convert gibberish into cash-flow.
"Perhaps Media Defender won't use its own name on the registrar the next time around, but it just goes to show the lengths at which the MPAA is willing to go, to fight piracy." Illegally install spyware on my fucking machine, search my PRIVATE FILES, oh and then to top it off, with the MPAA the mess that it is in, they'll probably sue you for having a file named "Hostel", you may or may not have stayed in a hostel last year on holiday, but it sure does seem like copyright so we're gunna take your hard disk and have a closer inspection of my PRIVATE FILES!
Without huge data transfers, they can't fully check a file, so the best they can do is spy on your file names, and steal your documents, not any media files though, I hope people get sued for this I really do, so the MPAA gets screwed with the huge countersuit.
So, if they provide free movie downloads, does that mean I can legally keep it?
They knew they were going to eventually get caught. It doesnt take a genius to realize that if "going dark" after 10 hours of the article release that they were anticipating this... And I suspect if the media contacts them, then it will be the classic "the intern did it" type response.... These guys make the russian mafia look good by comparison...
This incident highlights what is, perhaps, the biggest reason why RIAA has already lost their battle against piracy and the imminent danger the MPAA faces. RIAA could have limited their depredations to only those pirates who mass produce bootlegs for profit. Instead, they went after the blood of their own customers and employed methods that make the pirates look like the good guys. Root kits, law suits, entrapment, price fixing, you name it. The icing on the cake was the knowledge that the only people they screwed over more than the customer was the artists!
Here in Canada, we have CRIA, which actually managed to get a tax slapped on all recordable media, mp3 players, etc.. Ostensibly, the money collected form this tax is supposed to go to the artists whose incomes are reduced by the evils of all Canadians. It's anyone's guess what CRIA actually does with the loot. Their books are not public. The last time I checked, they weren't paying out bupkiss to indie artists, but aren't they our victims too? As a Canadian, all I see is my money being taken away because I'm a criminal by default and given to the buisness equivalent of the mafia. Bravo!
I've been boycotting all RIAA/CRIA affiliated labels for years. The way I see it, every penny spent on one of their artist delays the inevitable and gives them another opportunity to do irreparable harm to our laws. However, I still go to the cinema and buy DVD's. Why am I not as concerned about the MPAA? Perhaps it's because they have, to date, not stooped to quite the same levels as RIAA in going after their own customers, even though they're already the scum of the Earth behind the scenes.
Here's a word to the MPAA. Take a look at the mess RIAA has made of its affairs. You don't want to go down that road.
Cause you have to tell me if you are.
How we know is more important than what we know.
In fact they were innocent - the MPAA are acting for the copyright holders, so if they give something away it's completely legal.
Only on Slashdot would someone other than the MPAA/RIAA compare illegally downloading something that would cost twenty dollars to molesting children.
And if they spy on your computer otherwise with software that doesn't clearly indicate this in the license agreement, doesn't The Computer Fraud and Abuse Act come into play? Could MediaSentry go down Big Time over this little misstep?
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
Surely you jest. They do that in the US Congress as well don't they?
>Surely you jest.
No I don't - and I told you, don't call me Shirley.
true pirate sites DON'T have "family filters", yarrrrr!!! :P
his is why you should only use a reliable video piracy site
:)
Don't you mean a LEGAL video piracy site? Because you see... in Sweden, piracy (or at least linking to) IS legal
CRIA doesn't get the loot, CPCC does. They report on how it is distributed. About 15 percent of it is distributed to record companies, but most goes to authors and publishers. You can see the mechanics of it here.
it searched your computer for other copyrighted files
Practically 100% of the files on your computer are copyrighted. Even if those files are music or movies, their mere presence doesn't indicate a breach of copyright. And unless they're transmitting a significant portion of those files back when "phoning home" - and thus running afoul of copyright law themselves in the process, to say nothing of computer trespass laws - merely mentioning the title of a work in a filename or in metadata doesn't authenticate that file as containing what the filename or metadata suggests that it does.
This bill has been bounced back and forth between the Illinois House and Senate for two years, without any final action being taken. Bill Status of HB0380 Spyware Prevent Initiative Act
Only Arkansas and Virginia have anything on the statute books, and the Virgina law has openings for the rights agencies you could drive a tank through. To begin, you have to prove "malacious intent."
2007 State Legislation Relating to Internet Spyware or Adware, An Act to amend and reenact 18.2-152.4 of the Code of Virginia, relating to computer trespass; spyware; penalty
Entrapment and spyware, those two things are illegal.
Not really, stealing a car is straight-up theft no matter whose car it is (even a family member's, if you don't have their permission). It's a bit different when a copyright holder is saying "Hey, downloaded our copyrighted material for free! Simply writing this statement is us giving you written permission to copy my copyrighted material! BTW we're going to scan your computer for files and store in our big database about everything you've got on your computer!" ...
The really funny thing is, that was supposed to have been a joke, but being so freaking close to what the MPAA is doing, it really isn't funny anymore.
Transporter_ii
Doctors destroy health, lawyers destroy justice, universities destroy knowledge, religion destroys spirituality
Any discussion about US copyright must start with the fact that these folks have paid lawmakers to subvert copyright to make it effectively infinite: 70years + life of the author, or 95/120 years depending on circumstances. These terms are completely absurd and they change the reasons for ALL the behavior in the marketplace of copyright-protected IP.
There is no rational discussion that can occur about "fair", "legal", "right or wrong", until this time scale for copyright is corrected. It is my opinion that the term should be about 20 years max regardless of circumstances.
If they offer files for download, and you download them, then there is an absolute defence, that you had permission. If you upload files without the copyright holder's permission, then there is no defence. You were deliberately infiringing copyright.
The dutch law is very clear about this. Under dutch law it's completely legal to download stuff from the internet. This is mostly due to the fact people will download anyway. They put a special tax on empty cd's and dvd's to compensate the loss of income. (and yes, the compact cassette had a same tax)
;) )
Also, under the same dutch law, it's illegal to offer copyrighted materials for download...
I for one would be very interested to see what the judges think of this kind of setup. Would it stand up in dutch court or would the US law be enforced. (Ah well, as long as the US think they can evade international laws... who cares about the US laws.
... Wenn ist das Nunstruck git und Slotermeyer? Ja!... Beiherhund das Oder die Flipperwaldt gersput!
In the UK i think this would fall under the false advertising laws. The fact that they advertise you can get it for free means its perfectly fine for you todo this. They are in fact breaking the law if they says its for free and its not.
Your answer is that it doesn't matter, they'll come after you anyway.
Are you innocent? They don't care. It's completely irrelevant, because you'll be given a choice: Pay us a couple of thousand dollars and this will be over with, or go hire a lawyer that is much more expensive and defend yourself. Pay attention the the news here, and read up on their tactics. The RIAA/MPAA has a history of going after people that it knows are innocent.
If you choose option #2, you'll waste all kinds of time and money, possibly even face financial ruin as a result of paying dozens of thousands of dollars. In the end, after the RIAA/MPAA's lawyers have extracted as much money from you as they can, the RIAA/MPAA will drop their case. It will all just silently go away, except for the bills from the lawyers.
You've mistakenly assumed that it's all about your guilt or innocence as an individual person. The real point is to keep up appearances for their extortion ring to continue to be effective. The real point is to scare the shit out of people so badly that whether you're innocent or guilty, you'll still pay up.
Let's not fool ourselves, this is organized crime, plain and simple, except that for now, it's still legal. (Organized "Legal," I guess you'd call it.) What can you do about it? Well, if the thought of paying a lawyer to defend you and, if you actually want damages from the RIAA/MPAA for screwing around with you, paying $114,000 to a lawyer (the amount that is at stake in the most famous to date case of Capitol v. Foster), then you need to support organizations dedicated to changing the laws to make this type of extortion illegal. I would suggest the Electronic Frontier Foundation, who has a pretty good record of success, but at the very least, you need to write to your Congresscritters and let them know that the current situation is unacceptable.
I think it's clear that people should be allowed to rip their own music, even the RIAA has mentioned that it doesn't want to start suing people who do this (that's too much bad publicity even for them). Certainly iTunes allows you to rip music and movies and put them on your iPod, and you don't see the RIAA suing Apple now, do you? Admittedly, Copyright law doesn't specifically spell that out as fair use yet, but if that ever got tested in court most of us are confident that ripping your own CDs for your mp3 player would be considered fair use, just like the copy of this post your computer makes when viewing Slashdot is considered fair use and not copyright infringement.
You are reading a copy of my copyrighted post.
What is so stupid about this sleezy tactic is that there is no guarantee that any videos on a person's hard drive is illegal.
1. The Movie COULD BE converted using commercial off the self software. Divx Pro can do it along with many others. Just walk into your nearest computer store.
2. TV Episodes can be recorded via any TV tuner card. Such as WinTV cards.
The presence of movies and tv episodes on the hard drive doesn't make it illegal.
\
Epic troll. I tip my hat to you, sir.
+5, Truth
If you are thinking about molesting children then it is the same as molesting children, DUH.. eventually you would find a child and molest him/her, better to stop you now before a child is hurt.
This is great proactive behavior on the behalf of our government but i think we can do better, statistically speaking there is a percentage of people who will go to jail, the percentage is higher in some cities than others.. we could pro actively round up that number of people each year and put them in prison and save tons of police manhours.
OR even better put everyone in jail from age 8 on, and then the ones who exhibit good behavior can be released after 10 years or so (when they can become productive members of society, re:consumers/wage earners). Problem solved.
You forgot option #3. Kill them and bury the bodies in a shallow grave behind the shed.
But if you do, please shoot a video and post a torrent. That would be entertaining.