Internal Emails of An RIAA Attack Dog Leaked
qubezz writes "The company MediaDefender works with the RIAA and MPAA against piracy, setting up fake torrents and trackers and disrupting p2p traffic. Previously, the TorrentFreak site accused them of setting up a fake internet video download site designed to catch and bust users. MediaDefender denied the entrapment charges. Now 700MB of MediaDefender's internal emails from the last 6 months have been leaked onto BitTorrent trackers. The emails detail their entire plan, including how they intended to distance themselves from the fake company they set up and future strategies. Other pieces of company information were included in the emails such as logins and passwords, wage negotiations, and numerous other aspect of their internal business."
Generally speaking, entrapment only applies to law enforcement and the government. RIAA still isn't there yet, thankfully. OTOH, a good lawyer could probably spin it as morally equivalent in principle for a jury.
It is big. But I doubt there will be any sensible outcome. What will likely happen is that this will be talked about for a couple of days, soon enough some other story will come along, and people will forget all about it.
nothing can cover it up
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I'm glad you pointed that out. If this company, acting as an agent for the plaintiff (a movie company, for example), participated in the distribution of this content via P2P, then that constitutes a tacit approval of P2P distribution of the content by the plaintiff, thus making any further P2P distribution of that content potentially authorized by the copyright holder, and thus not a copyright violation.
Further, even if the person did not actually get it directly from an agent of the copyright holder, the rights holder distributing in such a way that causes it to be automatically redistributed by anyone who receives it (P2P) could constitute deliberate abandonment of the copyright (at least for the purposes of personal, noncommercial use) by the copyright holder.
I'm not saying that argument would necessarily hold up in court, but if I were in charge of a media company, I would not be doing anything nearly this stupid and reckless.
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Keep reading. He posits that the existence of honeypots lends credibility to the argument that *ANY* download *MIGHT* be coming from a legitimate source. We know the RIAA is distributing songs via P2P, and we know they are disguising themselves, so why can't we assume that the guy sending us music right now is really the RIAA in disguise, making it legal?
If the emails were obtained by hacking somebody's GMail account -- as seems to be the case given the comments on the torrent file -- then they were obtained illegally. The RIAA's lawyers would immediately cry "illegal search."
IANAL, so I'd like to hear from somebody with real law experience either confirming or denying this, but that's my gut feeling.
Somewhere along the way, or maybe it has been this way the whole time, people started using laws as ethics. Most people seem to think that if something is illegal then it must be wrong and if it's not illegal then it's probably fine.
I don't think anyone here is jumping for joy that a gmail account got hacked. Instead I see a bunch of people jumping for joy because a company that is seeming violating the law might actually have to suffer for its actions.
I think what happened here is for the greater good. Sometimes breaking the law draws attention to a problem few realized existed.
Quite succinctly put. Specifically with regard to music, I find major fault with those who seem so up in arms about artists losing money due to p2p or torrent sites. Being a musician, I understand quite well that true artists do not create their music for money. Those who do are not musicians, they are simply business people hijacking an art form for personal profit. If we did away with copyright, and instituted a system such as the one you have mentioned, music would not disappear. Rather, as an art form it would become confined to those who love it for what it is.
Creating music is not a chore. It is something done out of necessity, more often than not. I liken it to an addiction, complete with withdrawal symptoms if neglected. In short, if a system like yours was implemented, music would not cease to exist. On the contrary, the trash would be weeded out and we would all be better off for it.
"We may face a scorched and lifeless earth, but they're accountable to their shareholders first."