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The Pirate Bay Facing "Old Fashioned" Pressure

Jety writes "Ars Technica has an article reporting that The Pirate Bay is facing legal pressure from a new front. A wealthy musician with a track record for going head-to-head with record labels and little kids is now joining the queue to take a legal swing at TPB. What I find particularly interesting about this article is the description of the 'camera-toting investigators following [The Pirate Bay admins] around in cars marked with Danish plates.' One TPB admin asks, '"What do they think they can find out by following us around? Everything we do is digital.'"

25 of 415 comments (clear)

  1. Maybe... by AlphaDrake · · Score: 5, Funny

    I think that they COULD find out what they do by following them around. But the years of training of these pirates has turned them into a ninja/pirate combination, taking the best from both worlds, ending the age-old argument, and allowing them to stay concealed.

    1. Re:Maybe... by Anonymous Coward · · Score: 5, Informative

      Pirate bay servers are distributed across several nations and the TPB core admins typically neither own nor have physical access to them.

    2. Re:Maybe... by Mr_Freedownload · · Score: 5, Insightful

      They should release music for free and make money on live shows that to be honest can't be pirated cause you can't download the experience of a live show now can you?

    3. Re:Maybe... by Anonymous Coward · · Score: 5, Informative

      But harrassing or even incarcerating the currenty TPB admins won't shut TPB down is the point. In fact it would probably increase publicity for it and encourage more people to step up.

    4. Re:Maybe... by ZombieRoboNinja · · Score: 5, Funny

      "Clearly not everything they do is digital. They have atoms as well: servers, laptops, flash drives. "

      I may not be a lawyer, but it seems pretty obvious that since they're making illegal ELECTRONIC copies of stuff, only the electrons from those atoms are really in violation. The Pirate Bay folks should be able to insist that the cops leave behind all the protons and neutrons that are their rightful property.

    5. Re:Maybe... by TheLink · · Score: 5, Insightful

      Doesn't make sense?
      Take off those rose-tinted glasses and read this.

      http://www.negativland.com/albini.html

      Written by Steve Albini.

      http://en.wikipedia.org/wiki/Steve_Albini

      There are articles by others on how it works which are similar.

      Basically the band gets an "advance" on future earnings, and almost everything is paid for off that advance (recording studio, recording + mastering fees, you name it...), so often the band ends up _owing_ the record company money :).

      Quote: "The band is now 1/4 of the way through its contract, has made the music industry more than 3 million dollars richer, but is in the hole $14,000 on royalties. The band members have each earned about 1/3 as much as they would working at a 7-11, but they got to ride in a tour bus for a month. The next album will be about the same, except that the record company will insist they spend more time and money on it. Since the previous one never "recouped," the band will have no leverage, and will oblige. The next tour will be about the same, except the merchandising advance will have already been paid, and the band, strangely enough, won't have earned any royalties from their T-shirts yet. Maybe the T-shirt guys have figured out how to count money like record company guys. Some of your friends are probably already this fucked."

      Why do you think some bands don't care if their stuff gets copied, they've figured that the people doing the most hurt to them aren't the "evil downloaders".

      --
  2. So I guess that means... by MatchbooksAndSarcasm · · Score: 5, Funny

    That's game. Blouses win.

  3. Arrgh, Pastry! by drunken_boxer777 · · Score: 5, Funny

    investigators following Pirate Bay members around in cars with Danish plates

    It's good to know that in Sweden cops have options beyond boxes of donuts. ;P

  4. Re:Mafiaa by chuckymonkey · · Score: 5, Funny

    Dear TPB Admin,

            We have your limited edition Star Wars Princess Leia figurine still in its original packaging. You do what we tell you when we tell you unless you want something....bad to happen to her. Just so you know what we're serious we have sent you the packaging from your original Jabba the Hut figurine.

                                                                                MAFIAA

    --
    "Some books contain the machinery required to create and sustain universes."-Tycho
  5. What's the Deal With Not Naming Names? by GaryPatterson · · Score: 5, Insightful

    A "wealthy musician?" Seriously?

    It's Prince. Or that symbol thingy. Or TAFKAP (I think I know what one of those "A"s stands for).

    The summary seems unnecessarily coy about exactly who's behind this.

  6. ha by nomadic · · Score: 5, Insightful

    Peter Sunde, a Pirate bay admin, tells Ars that the Purple One's legal team has already started leaning on some advertisers to drop support for the site. "We're not even worried, since the Internet is too big for morally upset people to get it their way," Sunde said in an e-mail. "I'm just sad that Prince--whose music I really like--can't understand that he's the new Metallica versus Napster. And we all know who lost that..."

    Uhhh...yeah, Napster did.

    Could someone please tell me how TPB is somehow offering some new business model for the people who make the music?

    The record labels are told people will still keep illegally distributing music because the labels aren't providing it online. The record labels finally give in and provide it online, and they're told that people will still keep illegally distributing music because they don't like DRM and 99 cents a song is somehow too high.

    The only business model a lot of people here seemed to support was AllofMP3, but honestly 10 cent non-DRMed songs really isn't a viable business model, as much as everyone wants it to be.

    1. Re:ha by king-manic · · Score: 5, Interesting

      Could someone please tell me how TPB is somehow offering some new business model for the people who make the music? New business model? it's really the old business model. A third party distributes your music and you don't see a dime for it(sometimes you owe them for it) and you make your money from performances, merch, and promotional considerations. 90+% musicians live this way. All TPB is doing is applying the same treatment to the ~10% who actually got something back from that third party. That ~10% isn't really hurt that much either. The stones may make a few million on a new album but they'd make a few hundred million on tour. It's only a problem if your a talentless lazy slut who doesn't tour often. Perhaps if your a studio musician it hurts you more, but all my musician friends don't see a dime and some have been signed. In fact some of those signed now owe money and got nothing in return.
      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
    2. Re:ha by Joe+Jay+Bee · · Score: 5, Insightful
      There isn't a business model that could truly work, at least not a direct one. Commonly floated is the idea that if you release music for free, word of mouth and subsequent sales will make up for this. This, unfortunately, ignores the simple human traits that a) they will take anything not nailed down and b) perceived anonymity gives them an impetus to do things they wouldn't usually do (cf Greater Internet Fuckwad Theory...).

      Radiohead made money with their recent dealie because they were established artists with a rabid fanbase, not a new band or a relatively unpopular one. For new artists, that isn't really a viable alternative either; not only because so few people would choose to pay for an unknown quantity, but also because cutting out the middleman (aka the record labels) cuts you off from the labels' traditional strong areas of promotion, distribution and general business nous, which, really, are the only reasons anyone signs with a label. What would be the point otherwise?

      In all, my point (yes, I was getting to it in a roundabout way) is that business models based around free/absurdly cheap (read allofmp3) music are either unprofitable or wouldn't fly with shareholders of the major labels. It's a terrible business model unless your explicit aim is "get heard and damn the money". It is of no value except as a talking point for Slashdotters looking for the next justification-du-jour of why they will carry on being cheap rather than paying for what they consume. Like you said:

      The record labels are told people will still keep illegally distributing music because the labels aren't providing it online. The record labels finally give in and provide it online, and they're told that people will still keep illegally distributing music because they don't like DRM and 99 cents a song is somehow too high.


      They can't win; there's always a new reason. Either it's too expensive ($0.99 a song, $9.99 an album seems reasonable enough to me, where I live that's 2 quid cheaper than even an old mid-price album) or it has DRM (see the "take anything nailed down" thing... you want to try before you buy? Most good online music stores have previews you know...) or it's not good enough quality either technically (there's this lossless format you may have heard of, called the compact disc) or aesthetically.

      (I like the last complaint, that people pirate because the music's not good enough; that's definitely why the last Britney album has over 1200 seeds on Mininova and the last Porcupine Tree album's had over 18k downloads... ;)
  7. Re:All the "piracy" is digital, sure. by daybot · · Score: 5, Informative

    If I were them, I'd be very careful about jaywalking

    Just like the piracy laws in Sweden, there is no such crime as jaywalking. Sheesh - and they call the US "land of the free"!

  8. Stalking! by Weaselmancer · · Score: 5, Interesting

    What, doesn't Sweden have laws against stalking? Because that's what this sounds like to me.

    Just because Prince is some big star doesn't give him any special rights. Well, outside of America anyways. If Hollywood had any influence there, the TPB admins would already be in jail.

    So go for it - sue Prince for harrassment and stalking.

    --
    Weaselmancer
    rediculous.
  9. From the Lucas Academy of Drama: by Spy+der+Mann · · Score: 5, Funny

    We have your limited edition Star Wars Princess Leia figurine still in its original packaging.

    NOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO!!!!!

  10. Re:FTA: by ScrewMaster · · Score: 5, Insightful

    Nothing really changed in terms of music availability, other than that now we can now find more "illegal" tracks at higher bitrates, better quality, more quickly and conveniently than we could then. Amazing, isn't it? The Gnutella network alone is just bursting with music, and it's hardly the only one. The fact is, the RIAA's effort to shut down Napster was an absolutely classic Pyrrhic victory. Hell, a few more "successes" like that and they'll put the studios out of business entirely. Personally, I think the RIAA's poor decisionmaking in that situation would have justified the studios shutting them down instead. It really was a massive fuckup.

    Put it this way: not only was that lawsuit a dismal failure in terms of discouraging copyright infringement, but also yet another clear example of the RIAA mindset simply not getting it. They failed to grasp either the technological potential of P2P (there's more than one way to skin a cat) or the human element (we've had a taste of this and we want more.) Had they asked, I would have told them that all they were doing was forcing a phase change on the technology. The appearance of Frankel's prototype Gnutella client so close on the heels of Napster's shutdown was no surprise to me. I grabbed a copy the night it was released, before AOL tried to shut it down (horse, barndoor, all that.) I could not believe how fast music began to appear on it. The thing had a serious memory leak, but I'll be damned if it didn't work! Anyway, if it hadn't been Justin Frankel, sooner or later somebody would have released the next generation of peer-to-peer, because Napster gave millions upon millions of people something they wanted. Here's the thing: some of those people were programmers.

    That was something that even an RIAA lawyer should have been able to predict, and I think it should have been sufficient motivation to make them work with Napster so as to maintain a level of control over distribution. That would have required some vision, though, and a willingness to tell their bosses, "Hey, things are about to go from bad to worse and you had better do something NOW." Instead, they did the only thing they know how to do: throw lawyers at the problem. So they blew it.

    So the GP can claim that the RIAA was successful in eliminating Napster as a source of illegal downloads ... and he would be right.

    Not that it mattered.

    --
    The higher the technology, the sharper that two-edged sword.
  11. logical conclusion by enjahova · · Score: 5, Insightful

    There isn't a business model that could truly work
    You just said it all, but you draw the opposite conclusion I do. We both agree that there is no feasible business model that aligns with the reality of modern technology.

    Only you seem to be focusing on deriding the people who don't pay directly for their copies of music (according to our brief custom of the last 70 years).

    Why is it so hard to see that its ok to let companies with no practical business model die off? I know it becomes a touchy subject when we bring art into the picture, but the spirit of copyright law is to promote the creation of art, not to give business models to musicians. It seems particularly hard for people of the last couple generations to fathom that music (or art in general) can be created without being paid for copies of their work. They can't see that the true value in art is the process by which it is created, that is what is rare. This value can still be monetized, and a business model can be developed around it (think service instead of product).

    Even if you don't want to or can't believe this old school view of art, you will face the reality of digital technology. Copying is only going to get faster and more convenient. Distributed technology will only get more robust. Controlling the location of 1s and 0s will become increasingly futile. No laws will be able to reverse this, no amount of yelling thief at a generation of hungry minds will hold them back.

    What do you think will happen when 1 million 3rd world kids get on the internet through OLPC? What happens when they reach 10 million in the next few years? Can you seriously expect them to even consider intellectual property with an open source key on their keyboard?

    Right now there are more people with cell phone in China than there are people alive in the USA. What happens when there are more Chinese online than people in the US? What happens when the same goes for India? Do you think these huge amount of people wont be able to find a way to adapt open source software for their needs? When they are completely bypassing proprietary western solutions, what good will our DMCA do?

    So I laugh at the moral indignation of the slighted intellectual property holders. Right now I am stealing. I'm robbing those who were lucky enough to get fat from an unworkable system. Luckily, the system is changing and I wont have to steal in the future. Still, every time they yell thief I feel more like Robin Hood, and I'm not the only one.
    --
    "how can they call it a MINE if everything here is THEIRS?!?!" -Straight Jacket
  12. Re:Maybe... Illegal where? by elwinc · · Score: 5, Interesting
    Ah, it occurs to me that different nations and states have different laws, so not all claims about legalities are universal.

    In particular, in some places such as the USA it is a crime to provide a service that abets illegal file sharing. In other places, though the filesharing might be illegal, providing metadata about shared files is legal. In those places, you have to go after the sharers because running the tracker is legal see footnote 9 . Sharers are like roaches: there's a million born every day and they're coming out of the woodwork. There's little evidence that suing a few hundred sharers alters the behavior of the unsued millions. So for Prince, going after trackers is the only sensible option, even if trackers are located where trackers are legal (one wonders when or if the RIAA will ever come to this conclusion). So Prince is desparate. Suing fans, the only legal remedy, may be counter productive. He's left with trying to intimidate the tracker operators.

    The bigger picture here is we're watching the collapse of a business model, and there's no replacement in sight. If musicians can't make money, they won't record. On the other hand, the record labels have earned the ire and disrepect of many fans, and the labels are practically impotent. We're watching dinosaurs die, and we have no idea what will replace them.

    --
    --- Often in error; never in doubt!
  13. Re:Maybe... Illegal where? by penix1 · · Score: 5, Insightful

    If musicians can't make money, they won't record.


    This is a crock. Many, if not most of the bands out there are not making any profits off the labels so nothing will change on that front. Also, not every band out there does it for the money. Many do it for *GASP* the music or *GASP* the recognition for the real money maker, concerts. In the days before big mega media corps, many bands released their music to their local radio stations for this recognition. When was the last time you heard one on your local radio? Maybe it's time to break up the stranglehold the labels have on the media market. Maybe it is time the labels cartel was broken up starting with the RIAA itself.
    --
    This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
  14. Re: PAN newsreader.... by bwochinski · · Score: 5, Informative

    Did some research into this, since I was all for hearing about lawyers making fools of themselves.

    However, I don't think that actually happened... See FAQ 1.5 at
    http://web.archive.org/web/20010803004755/http://pan.rebelbase.com/faq.html (as of Aug 3, 2001)

  15. Even you are wrong by SmallFurryCreature · · Score: 5, Insightful

    If musicians can't make money, they won't record.

    Dire straits, Sultans of swing.

    Listen to the song and hear what it is about.

    There are countless musicians who got a day time job to support their hobby, at best they recoup a bit of their costs at times but mainly it is a hobby AKA a moneysink.

    When I was young a neighbour of mine operated a pirate radio station. He bought all the gear, bought records, payed for the power and for what? A few small ads? Did he become rich of it or even break even? Hell no, but it was his dream, his hobby.

    If all musicians are out of a job tomorrow, the music will go on. And personally, I think the music will be a lot better or at least more varied, because people will play what they want to play, not what sells best.

    --

    MMO Quests are like orgasms:

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

    1. Re:Even you are wrong by witekr · · Score: 5, Insightful

      It seems like the majority of people here want to completely obliterate the business of recorded+sold music. I agree that the current major record labels are absurd and out of control, but I also don't think that completely removing all chances of a musician making an income through records is a good idea either... but that is what i see being implied here often on Slashdot.

      Sure, most musicians worth any mention DO create music for the love of making music. That's obvious, but I think money and fame is still a large point of motivation for many musicians. I'm a musician myself, and release tracks as free downloads on my website. I definately DO aspire for a chance to make some money creating music, though - and don't tell me that's wrong or that I'm following a "dinosaur model". It's a highly motivating factor for me.

      Spending months of free time working on hundreds of song ideas and picking the best I can come up with, in hopes of making a perfect album is a lot of work! A big part of the drive to perfect it is that I might be able to make a few bucks selling such an album, either by distributing music myself over the net, or signing with a small record label. If copyright law was completely changed to fit the views of some people here, then selling music on my website or signing with a small label would be futile, perhaps only resulting in a few 'good samaritan' donations. In that situation, I might as well just keep releasing anything I do for free on my site with no hope of monetary compensation.

      But then I might not work so hard on perfecting and polishing an album. I wouldn't send my album to a professional mastering engineer (or spend countless hours mastering the album myself) because I wouldn't feel like I owe anyone the benefit of that extra layer of polish. I might not spend months or years working on songs and remaking them until they fit what I consider a high standard.

      If all musicians are to lose their chances of making money via records because John Doe doesn't feel like spending any money on music (yet wants to listen to it all anyway..) that is a sad, selfish tradeoff, in my opinion.

  16. Re:FTA: by Martian_Kyo · · Score: 5, Interesting

    By shutting down napster, file sharing took a harsh blow that is took a while to recover from? I wouldn't really agree there, maybe in the eyes of cnn and official news sources. Personally, I never felt that blow. I switched over to kazaa in matter of days, it was still usable then, later to sheraza, then dc...and so on and so on.

    It's almost impossible to deal a harsh blow to file sharing. Even shutting down oink, didn't disrupt things. Though it made a lot of people sad, myself included. In my opinion the only way to deal a harsh blow to file sharing is on the internet provider level, not by shutting down services, because new ones pop up in matter of weeks, or even days.

    Once you receive a mail from your isp, saying 'I know what you've been downloading last night', you'd be more careful/paranoid. That sort of monitoring would however anger the privacy advocates.

  17. I am not saying you are wrong by SmallFurryCreature · · Score: 5, Insightful

    I am saying, don't expect me to give a damn. I am a baker by training. A good one, but YOU buying YOUR bread in the supermarket and insisting on zoning laws that don't allow me to have the bakery attached to the shop have put me out of business.

    Times change, I had to give up my dream, why should you be any different?

    Society does NOT own you the right to make a living in your chosen career. Only a lucky few manage that.

    Unless you support goverment action to protect all kinds of other jobs that are dying out, I don't see my musicians should be given any more special threatment then they already get. Check how much money already goes to the arts. You need my taxes AND my spending money? Greedy much?

    I wish you luck, if you make it, congrats. BUT do NOT expect me to subsidize a dying industry unless you are willing to do the same for mine. Show me the receipts from your local butcher, baker and grocer for the last decade and I will buy your album, but if you shopped at a supermarket just once, the deal is off. You don't care about my career, I don't care about yours.

    --

    MMO Quests are like orgasms:

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