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The Pirate Bay Files Suit Against Big Media

Join the Pirate Party writes "Having found the necessary proof via the leaked MediaDefenders documents, the Pirate Bay is filing suit against the big record and movie labels operating in Sweden who have allegedly been paying professional hackers, saboteurs and DDoSers to destroy their trackers. They also claim to have filed a police report."

22 of 422 comments (clear)

  1. Finally by kaos07 · · Score: 5, Insightful

    It's taken long enough but it seems these corporations who employ mafia-like tactics will finally get what they deserve. Kudos to the whistle-blowers within MediaDefender, The Pirate Bay for having the guts to file a lawsuit, and Sweden's Communistic copyright laws allowing this happen.

    1. Re:Finally by Anonymous Coward · · Score: 5, Interesting

      It's not the copyright laws as such that are different in Sweden. They subscribe to the Berne convention like (almost) everyone else. The difference is that it is not illegal to run a tracker since it doesn't actually host any files.

      I am far from an expert, but I think the basis of this is that copyright falls under contract law in Sweden, as opposed to criminal law. Helping someone commit a crime is illegal, but helping someone break a contract isn't. This is third hand knowledge though, so don't quote me on it.

      There might also be a freedom of speech issue involved which would require a change to the foundational (constitutional) laws, which explains why they haven't managed to change the law to harmonize with the EU.

  2. Re:Heh by Sprite_tm · · Score: 5, Insightful

    With the difference that what The Pirate Bay does, actually is legal in Sweden.

  3. Re:Heh by toetagger1 · · Score: 5, Interesting

    No, its not! Drugs are illegal, music is not.
    Distributing drugs is illegal, and distributing music without paying the copyright owner is illegal.

    Its because of analogies like yours, that people think that ANY file sharing is illegal.

    If you must use an analogy, at least use one that is correct AND appropriate to your audience, /.

    "This is like the car dealer calling the cops because someone vandalized the cars on his lot"

    Whether he owned all the cars on the lot or "parked" them there without the car owner's permissions, I don't care. The vandals should still be held responsible.

    --
    who | grep -i blond | date cd ~; unzip; touch; strip; finger; mount; gasp; yes; uptime; umount; sleep
  4. Re:Illegal evidence? by lobStar · · Score: 5, Informative

    In Sweden there is no such concept as "legally obtained evidence", any evidence can be presented in court and then it's up to to the judge to weight the different sides evidence against each other. The procedure with admission of evidence mostly exist in common-law countries, with a layman's jury.

  5. Re:Heh by meringuoid · · Score: 5, Insightful
    This is like the drug dealer calling the cops because someone stole his stash.

    This is like the Amsterdam coffee-shop proprietor calling the cops because someone keeps trying to break into his premises, and stalking his customers.

    Remember, The Pirate Bay is doing nothing that is illegal in Sweden.

    --
    Real Daleks don't climb stairs - they level the building.
  6. Re:Heh by urbanradar · · Score: 5, Funny

    ...I still don't get it. Could somebody re-phrase that as a car analogy, please?

  7. with the difference, that the drugs is legal by SmallFurryCreature · · Score: 5, Insightful

    So what you are basically saying, this is like a doctor calling the police because his drug cabinet was smashed.

    Granted, this is also like a slave owner reporting a runaway slave to the police or the citizen who turned in Anne Frank just doing his civic responsibility (Oh hi godwin, how you doing.)

    The simple fact is that the law isn't always "right". Some big media do not like swedish law, just as some hard drug users do not like swedish law, or as same slaves did not like eh slave laws etc etc. The problem is that if you then fight that law by disobeying it, you run the risk of the police coming around and talk sternly to you (or if you are black gun you down as you reach for your wallet, somethings never change).

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  8. Re:Heh by mmcuh · · Score: 5, Interesting

    No, its not! Drugs are illegal, music is not. Distributing drugs is illegal, and distributing music without paying the copyright owner is illegal. Its because of analogies like yours, that people think that ANY file sharing is illegal.

    Also, the Pirate Bay team isn't doing any file sharing. Or, well, they probably are, in private. But The Pirate Bay is just an indexing service, like Google or Yahoo - they are not distributing any material that would infringe on anyone's copyright, and what they are doing is with a very high probability legal under current Swedish law.

    The prosecutor who is in charge of the investigation associated with the raid against The Pirate Bay in June 2006, when all their servers were confiscated (and the site was up and running again in 3 days), has been looking over the material for almost 16 months now, and has asked the court for time extensions (and received them) twice - apparently he is having trouble finding proof of any illegal activities despite the fact that all the hundreds of thousands of torrents on the site are visible to everyone. His most recent extension expires on next monday, October 1st, at which point he has to press charges, drop the case, or request another extension - guess what he will do?

  9. legality by arikol · · Score: 5, Insightful

    As has already been shown, Piratebay is a legal service (in Sweden) hosting no copyrighted material. Swedish law does not condemn faciltating copyright infringement.
    Swedish law does however not really like sabotage, vandalism, unautorized access and other sauch malarkey.

    That said, I didn't see that one coming, laughed out loud.
    It's about bloody time that someone took big media and smacked them a little for all these strongarm tactics.
    Hopefully the media coverage on this will highlight some of the issues, like HOW the media companies think business should be run. If small businesses tried this they would immediately be taken down (in almost any country) for much more serious crimes than copyright infringement.

    And please try not to call it "pirating". That's a term coined by the mpaa (if I remember correctly) to try to make it sound really bad. If we, the geeks, are careful to call it what it is, copyright infringement or illegal copying, we can perhaps change public perception of the issues a little.
    The ONLY thing that bugs me about thepiratebay is the name. Yes it IS cool but also makes us all look a bit like rebelling teenagers, even those of us who have thought deeply about copyright issues and realised that the system needs fixing to work in the modern world.

    1. Re:legality by DeadChobi · · Score: 5, Funny

      It is your civic duty to get 100 of your closest personal friends together, dress up like pirates complete with eye patches, and each buy a ticket into the same movie. When you get into the theatre, start yelling "Arr!" and "Shiver me timbers!" and other such things. If they try to throw you out on the grounds that you're a pirate, start with the following questionnaire:

      1.) Do we currently possess any stolen property? This may include such things as large chests, sacks full of coins, sacks full of other property, or anything not included on this list but that may reasonably be construed as the personal property of another person not lawfully acquired.

      2.) Have we attempted to acquire any property that you may reasonably believe to be that of the theatre's? This may include money from the tills, employees, food, tickets, and hard copies of movies.

      3.) Are there any ocean piers about which we may potentially raid after the successful conclusion of the movie?

      4.) If so, do you see any ships flying a "Jolly Roger" flag of some sort with large square sails and many cannon and other weapons of war sticking out of them?

      5.) Are we in a landlocked city? To clarify, is it even possible for us to raid from a ship? Note that this eliminates any possibility of us pirating.

      If they continue to pursue you as pirates, start shouting about discrimination against seamen and how outrageous it is that they could suspect you of theft while on land. Continually claim that you are "water-only" pirates and that the land lubbers with video cameras are not true pirates and do not have sea legs. This part is why it's important to have a large number of co-conspirators.

      And remember, you can't spell conspiracy without pirates.

      --
      SRSLY.
    2. Re:legality by mmcuh · · Score: 5, Interesting

      And please try not to call it "pirating". That's a term coined by the mpaa (if I remember correctly) to try to make it sound really bad. If we, the geeks, are careful to call it what it is, copyright infringement or illegal copying, we can perhaps change public perception of the issues a little. The ONLY thing that bugs me about thepiratebay is the name. Yes it IS cool but also makes us all look a bit like rebelling teenagers, even those of us who have thought deeply about copyright issues and realised that the system needs fixing to work in the modern world.

      It has worked reasonably well in Sweden, where the think-tank The Pirate Bureau formed shortly after the copyright industry had created the Anti-Pirate Bureau, an organisation consisting mostly of lawyers and paid P2P network infiltrators that tries to track down people distributing copyrighted material. The Pirate Bureau became rather well-known and popular, and was often invited to TV debates on copyright law, and interviewed and asked for comments when newspapers published articles about the subject - and were so successful that the copyright lobbyists adopted a policy a few years ago to refuse debates where representatives from the Pirate Bureau were participating. And then there's the Pirate Party, which didn't get enough votes to take seats in the parliament this time but was treated as a serious candidate by most of the media, despite its name.

      When someone is calling you names, it's usually a lot more effective to embrace it than to try and distance yourself from it.

  10. Re:Heh by Dunbal · · Score: 5, Insightful

    Distributing drugs is illegal

          Oh goodness me, what am I going to do with all that morphine, fentanyl, diazepam, and ketamine I have under lock and key at my clinic?

          Distributing drugs is not ALWAYS illegal.

    --
    Seven puppies were harmed during the making of this post.
  11. Re:Heh by DMiax · · Score: 5, Funny

    Imagine you buy a car, then Pirate Bay sues Big Media for harassing their site systematically with the help of mercenary hackers.

    Phew, it was easy...

    Much more clear now, don't you think so?

  12. Re:Heh by Anonymous Coward · · Score: 5, Insightful

    It's like a guy's rented car being slowed down by a speed limiter even though the guy is driving within the speed limit.

    No wait, that would be DRM.

    Okay how about this:

    Imagine there's a public road with lots of houses on both sides. And there's the starbucks coffee shop. The big corporation is selling coffee to the residents every morning, who badly need it. Now some residents need to drive far to get to the coffee shop and in the wrong direction (opposite of work). A guy figures out the formula for his favorite starbucks coffee and decides to open his own specialized little coffee shop at home. Because he has a little house, he can't sell the coffee to many people at once and being low budget has no money to advertise, but some close neighbors who like the same type of coffee are spared the tedious trip to starbucks for getting their fix. Soon many more such coffee shops open, but it's still all garage type, low profile and very few people know where to get their favorite coffee besides starbucks.

    Then a smart guy buys a big truck and fills it with lists of the small coffee shops. He drives up and down the road and people who ask are given a list of all the shops that sell their favorite type of coffee so they can pick the nearest to buy the coffee there.

    Now less and less people go to starbucks and starbucks likes it not. So they decide to make sure no more formulas are stolen from them. They put up rules for how, where and if you can drink the coffee you bought from them and on your way out you get a retinal scan.

    Also starbucks now hires gangsters to force the advertising truck from the road, shoot the driver, flat the tires, jam the road etc...

    Today there are many drivers advertising the little coffee shops and secret letter correspondence between starbucks and the gangsters has leaked to the public recently. A pissed off driver who has been a victim of gangster harassment has now called the police and the special execution forces of the justice department.

    Making the same coffee as starbucks is illegal, advertising fowhere to buy it is not.

    To be continued...

  13. Re:Heh by netcrusher88 · · Score: 5, Informative

    much the same as bayimg, i imagine - not so much that the child porn is illegal, as that it offends the admins

    just my 2c

    --
    There's an old saying that says pretty much whatever you want it to.
  14. Re:Big ones by Cairnarvon · · Score: 5, Informative

    Extradition treaties don't allow the US government to apply US laws to Swedish nationals acting completely in accordance with Swedish law on Swedish soil, regardless of what some people may think.

  15. Re:Heh by mmcuh · · Score: 5, Informative

    No, the police have not returned any hardware or even backup copies of the contents of the disks, not to The Pirate Bay, the Pirate Bureau nor to some of the smaller businesses that were renting rack space in the same server hall. Some of the larger businesses that could afford scary lawyers have gotten their hardware back though.

    I don't know if there is a hard limit on the investigation time - I think the prescriptive period for copyright infringement is 5 years (though I'm not sure), so if that is what he wants to press charges for he has to do it before June 2011...

  16. Re:Heh by Dunbal · · Score: 5, Insightful

    seriously dude, ketamine has been replaced by numerous less-harmful drugs for literally all of it's applications.

          In the United States. You are making an assumption that I am in the USA. I am not.

          As for ketamine being "pretty damaging" - lol. You can't learn medicine by reading wikipedia. It has less risk of cardiopulmonary depression than diazepam, has a longer half life than midazolam, has none of the serious depressing/nauseous effects of opioids, and is PERFECT for sedating small children for an hour or so while certain procedures are performed (ultrasound, CT, etc). It's dissociative effect prevent it from being used as a mainstream anesthetic for surgical procedures but for sedation it's great.

    --
    Seven puppies were harmed during the making of this post.
  17. Re:Illegal evidence? by ozamosi · · Score: 5, Informative

    Informative? Try misinformative...

    They have rules of evidence in Sweden, as confirmed by a quick search. I can't find a good site on how it works, but any number confirm that they exist. (They are quite necessary for justice.)

    It is perfectly fine to use any evidence you may have, no matter how you got hold of it, in court.

    The exception being, of course, things that a person have said to their doctor or lawyer, since they are forbidden to talk about what their patients say.

    Read chapter 35, paragraph 1 in law 1942:740, "rättegångsbalken" (law of prosecution? means something like that), in the swedish book of law if you do not believe me. You can find the law in question here, although it's obviously in swedish.

    So, who was misinformative again?

  18. Re:Heh by Oktober+Sunset · · Score: 5, Insightful

    of course not, pirating music and movies costs multinationals money, molesting a child costs them nothing, it's obvious what is more evil.

  19. Re:Can't Have It Both Ways? by ScrewMaster · · Score: 5, Interesting

    There's a lot more to this than sabotaging torrents, which is the least of the concerns (most of that activity has been obsolesced by technological measures taken by modern Torrent clients and trackers anyway ... encryption, distributed hash tables, rating systems, etc.) This is about the media companies using illegal means to gain access to confidential information (paying crackers to break into private systems for one) among other juicy bits. The Pirate Bay folks have been saying this for a long time, but didn't have a lot of evidence. Now it seems they've been pretty thoroughly vindicated by the Media Defender leak.

    This is officially Very Cool Stuff.

    --
    The higher the technology, the sharper that two-edged sword.