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Court Rules Against TorrentSpy In MPAA Email Suit

mikesd81 writes "C|Net reports that a lawsuit filed by TorrentSpy against the MPAA, accusing it of intercepting the company's private e-mails, was tossed out of court this week. Even though a U.S District judge ruled that the MPAA broke no rules, the MPAA does admit it paid $15,000 to obtain private e-mails belonging to TorrentSpy executives. The MPAA's acknowledgment is significant because it comes at a time when the group is trying to limit illegal file sharing by imploring movie fans to act ethically and resist the temptation to download pirated movies. From the article: 'Ethically, it's pretty clear that reading other people's e-mail is wrong,' said Lorrie Cranor, an associate research professor and Internet privacy expert at Carnegie Mellon University. 'Being offered someone else's e-mails by a third party should have been a red flag.' TorrentSpy is appealing the decision." This is just not a good week for those guys.

12 of 130 comments (clear)

  1. Am I reading this right?! by spyrochaete · · Score: 5, Insightful

    So, according to US law, it's illegal to hack into someone's computer to read their private data but it's legal to pay someone else to do it?

    Yet the legality of hosting a site hosting .torrent files that are not themselves infringing is being called into question?

    This seems very inconsistent to me. Is it or is it not legal to act as a proxy to potentially illegal material?

    1. Re:Am I reading this right?! by boarder8925 · · Score: 4, Insightful

      This seems very inconsistent to me. Is it or is it not legal to act as a proxy to potentially illegal material?
      Depends on who has more money.
    2. Re:Am I reading this right?! by spyrochaete · · Score: 4, Insightful

      I never alluded to a class-based legal divide, and I don't really understand your conclusions. So the MPAA didn't use TorrentSpy's private emails for a subsequent illegal act... does that mean I can steal a gun from your locked house as long as I only use it for target practise? Or photocopy your diary as long as I don't publish it? Is breaking and entering forgiven if the end result is benign?

      Didn't O.J. Simpson get acquitted because evidence was improperly obtained? I think methodology is more important than you claim.

  2. All animals are equal by Xonstantine · · Score: 4, Insightful

    but some are more equal than others.

    While we (the citizens) weren't paying attention, "they" have put in a two-tiered structure where the laws apply to the sheep, but not the wolves. That's why if you steal someone's SSN, you go to jail, but if you are an illegal alien, hey, it's ok. Or if the MPAA or RIAA breaks the law, harrasses and intimidates people, it's ok...they are a legimiate business interest (and we know this because of their campaign contributions). If Tyson wants to import a whole town from Guatamala to work in their chicken processing plant in Arkansas, that's ok too. "Steal" a DVD by copying it, and it's pokey time for you. All the while your Congressmen and Congresswoman are busy putting their hands in your wallets to pay for boondoggles like the $140 billion ($450,000 for every pre-Katrina man, woman, and child) for New Orleans relief, and various other Bridges to Nowhere.

    1. Re:All animals are equal by Anonymous Coward · · Score: 1, Insightful

      Its called illegal alien for a reason, it is illegal, the act of being here illegally means the crime was already committed. No hysteria.

      Off topic becuase I care about illegal immigrants here. They artifically increase the supply of workers and do not support the government and well being the same way I do. What do I mean about artifially? There is too much incentive for employers to not pay a prevailing wage. If you think that does not happen, you are blind.
      If I get rear ended by an illegal immigrant that does not have a drivers license or insurance, what is my recourse? Paranoid? No, it just happened to me and the person was caught two days later and has since disappeared again.
      Do you know what a coyote is? A person that brings illegal immigrants into the country. Do you know one way that people brought here pay them back? They pull in front of a moving car and slam on the brakes and get rear ended and collect insurance money from you. Do you know any illegal immigrants that are married to a legal person? How many of them file married seperate or married jointly with the illegal person? They don't, they file as a single woman and include the kids as dependents, now they get EIC, welfare, reduced lunches and qualify for higher education grants and special assitance that I am paying for and my family does not qualify for.

      Are those some facts for you or do you view things differently? You included the word "hysteria" so it is not that you do not want to see the discussion here, you just want to tell others you do not want to see it after but not until you add but add your opinion first. If you would have stated, "this is not a forum to discuss illegal immigration", I would not have replied.

    2. Re:All animals are equal by morari · · Score: 3, Insightful

      I wouldn't quite call it hysteria. Illegal immigrants undermine the already pitiful minimum wage we have set up through the country, while avoiding taxes altogether. While taxes don't tend to be used to any great degree of efficiency within our country, these illegal immigrants could theoretically be holding us back from proper socialized health care because of it. Among other things. They have a tendency to use false identification in other fields as well, bypassing the need for automobile insurance and registration, again depriving the country of taxes that (theoretically) go towards road maintenance and even putting other, insurance-paying, drivers at risk. Of course, they are merely the symptom of the larger problem; the American government. These parasites wouldn't exist without their money-hungry enablers, looking for cheap, controllable labor. The people that are here illegally don't care to take the time to become a valuable part of our society, they're not the stereotypical Eastern European immigrants of old who came here with a dream, looking to be part of the American ideology. Hell, most of them don't even want to learn the language (instant red flags) and they certainly don't want to pay taxes, fake I.D. or not. I'd imagine most of them don't even plan on staying long-term and instead just want to make enough money to go back home and do something with... build a taco-stand perhaps?

      --
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  3. Re:Store and forward by jedidiah · · Score: 5, Insightful

    You see there is this big fat legal distinction between the fact that a judge can order you to turn over your private emails and having some industrial spy steal them from you. The former is legal and a standard part of legal proceedings and the other is long established as a crime. The MPAA should get bitchslapped for this kind of thing. All parties involved should be raking them over the coals for this. The absolute LAST person that should be excusing this sort of behaivor is a judge. They are the sort of people that should be the first to object.

    The judge should have been pissed that the MPAA didn't file a discovery motion.

    --
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  4. Wait... what? by Bonker · · Score: 4, Insightful

    According to court documents, the MPAA came into possession of the e-mails after first being approached by Robert Anderson. Anderson is a former business associate of Justin Bunnell, TorrentSpy's founder.

    Anderson allegedly "hacked" into TorrentSpy's e-mail system and rigged it so that "every incoming and outgoing e-mail message would also be copied and forwarded to his anonymous Google e-mail account," records show.


    How the HELL is this not a felony?!
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  5. I don't get it. by Anonymous Coward · · Score: 5, Insightful

    Tampering and stealing physical mail is a federal crime...
    yet theft of digital mail is A-OK?

    I want to have what that judge is smoking.

  6. Re:How is this not illegal? by Anonymous Coward · · Score: 5, Insightful

    TorrentSpy's case was based on the assertion that the MPAA violated the Federal Wiretap Act.

    All that this ruling means is that in the opinion of this court they did not.

    It does not grant carte blance access to industrial espionage. It does not mean that the MPAA violated no other laws.

    For a group of people who are picky about minor details of technical arguments you all assume a lot about legal ones.

  7. Apply this to movies by deets · · Score: 3, Insightful

    OK, so I can pay someone, who had already copied a movie before they talked to me, for a copy of a movie, right? I am getting the movie leagally, by purchasing it.

  8. Re:The MPAA wants us to act ethically??? by Applekid · · Score: 3, Insightful

    Besides the 15 grand they paid for these "legally" aquired emails, one wonders what else they offered Mr. Anderson... Not that complicated. $15K for the emails, $15K for the judge or member of the judiciary (or a congressman with the power to redraw judicial districts).

    Just the cost of doing business. And to think when Valenti died there were actually some who thought the MPAA might start growing a conscience.
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