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Courts Force Danish ISP to Block Torrent Tracker

Pirate writes "A Danish court ruled in favor of the IFPI, and ordered the Danish ISP Tele2 to block all access to the popular BitTorrent tracker. The Pirate Bay, currently ranked 28th in the list of most visited sites in Denmark, is working on countermeasures."

15 of 145 comments (clear)

  1. IFPI by snowraver1 · · Score: 5, Interesting

    "It's very frightening that IFPI can get through the courts with something like this. In Turkey and China its the state that decides what information the people can access and what should be censored. In Denmark its apparently the record industry,"

    I think that sums it up quite nicely.

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    1. Re:IFPI by Kjella · · Score: 5, Insightful

      Let me just pull up these assumptions:
      1. TPB is illegal under Danish law
      2. TPB is legal under Swedish law

      Now, at this point they can react in one of three ways:
      1. Give up any sort of jurisdiction because everyone "is" in Sweden from their livingroom chair. This is different than going to the Netherlands to smoke pot, it's more like routing money over your offshore account. This would make the whole world subject to the least common denominator forbidden on the Internet, which they're powerless to change. Countries like USA would have to permit international gambling and artistic nudes too strong for the US public, Germany would have to give up its hate speech and nazi memorabilia ban and don't get me started on what the oppressive regimes would have to give up. In short, not happening.

      2. Try to strike at the foreign site and exercise some kind of world law via cheap shots like threatening local subsidiaries. This has generally been frowned upon by slashdot, the companies themselves that don't want to deal with every other country's law and the local courts, which feel they're being overrun by foreign law and are losing their soverignity. In the most extreme consequence, the world would be subject to the least common denominator allowed on the Internet, which would obviously be a terrible thing for the whole free world.

      3. Block it at the border, keep our law in our country and lat you have your law in your country. Yes, you're building border infrastructure that could potentially be used to censor other traffic. Then again, the real-world border infrastructure we're building could potentially be used to prevent the population from escaping like in the old East Bloc, I'd say a lot of other things would have to go very wrong first before we're there. I don't want the most presmissive or the most oppressive community standard and there's no such thing as one unified global community standard. Hell, you'll find it very difficult to find one within the US or EU or even smaller areas. And a forced global standard would be the ultimate lack of local governance...

      --
      Live today, because you never know what tomorrow brings
  2. Shakespeare was right.. by snehoej · · Score: 5, Funny

    Something is rotten in the state of Denmark.

  3. Just a DNS block. by Anonymous Coward · · Score: 5, Informative

    Changing your DNS lookup to fx. opendns.org will solve the technical side of the censorship for now.

    So the issue is really the on the censorship itself and where it ends.

  4. Re:they don't get it. by Anonymous Coward · · Score: 5, Informative

    They're not even doing that, this is a DNS level block. A few sub domains pointing to 83.140.176.146 should enlighten the Danish judiciary.

  5. This isn't the end.. by Splab · · Score: 5, Informative

    First of all the court in question is "Fogedretten" which is I guess somewhat similar to a small claims court. A company can get an injunction against another if they believe the other part is doing something wrong, if the other company decides to roll over and play dead it ends there, else it can go all the way to supreme court.

    IFPI decided to attack Tele2 again because they have a reputation of not fighting back, which is most likely the case here (court documents haven't been released yet) - TDC and Telia the main operators here in Denmark have stated they will not implement this unless they lose in court.

    Also, the block will be a DNS level block, so it has zero effect since it will only be on Tele2 DNS servers and it wont take long for kids to figure that out.

  6. Re:what's next? by Microlith · · Score: 5, Insightful

    The question would be that of intent and purpose, I imagine.

    First purpose:

    Google is a very general search engine, it hosts nothing. The question of its cache is still up for debate, but things can and have been removed from it. Google can not arguably be considered responsible for what is linked to on its site, since it controls nothing outside of the google domain (unless explicitly noted.)

    TPB is very specific, they host torrents and make no bones about it. They host trackers, which coordinate the transfers. They are in every way responsible for the torrents being uploaded, though it's the users that are actively violating the copyrights.

    And intent:

    Google is essentially a query driven directory where (the majority of) results point externally to the site. Google directs anyone to anything that matches the search term with no mind paid to the content, the author of the content or the poster of the content. Were you to remove the Google cache (the only part that arguably violates copyright,) Google would continue to function.

    TPB is dedicated around the hosting and location of torrents. Were you to remove the tracker and delist torrents of material whose distribution via bittorrent was not permitted, TPB's usefulness would plummet massively. The same goes for pretty much any site like TPB.

    The purpose and intent of search engines and sites like TPB are very, very different.

  7. Re:Well... by Penguinisto · · Score: 5, Insightful
    The really funny part is that it likely took a ton of money and a lot of time, yet the decision will become completely invalid and worthless in the space of 20 minutes, and for very little cost (basically - however long it takes for the average Joe Dane to find and learn how to use TOR).

    Usually a given business will do its level best to avoid solutions that are expensive and practically worthless... unless they're desperate, at which point a dying business will begin to clutch at anything and everything to save itself - no expenses spared.

    Doesn't anyone stop and think before they act anymore? Forget the fact that rights are being trampled for a minute: This is just wasteful and insane on the IFPI's part, a "solution" akin to transporting water around with a giant colander.

    One has to wonder at the sheer stupidity of certain industries these days...

    /P

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
  8. Re:they don't get it. by brunascle · · Score: 5, Informative

    TPB will have to change their end first. currently, the site redirects you to http://thepiratebay.org/ if you go to their site without thepiratebay.org in the host, e.g. : http://83.140.176.146

    you'll have to put thepiratebay.org in your hosts file until they change it.

  9. BitTorrent, P2P have many legal uses by MichaelCrawford · · Score: 5, Informative
    BitTorrent is critical for the success of Open Source and Free Software projects, in that it is used to distribute installation CD images. Distribution by HTTP alone is often prohibitively costly.

    It's also important for musicians like myself, as well as to the musicians that are members of Jamendo, which distributes Creative Commons-licensed music via BitTorrent and eMule.

    A struggling musian who distributes his work via HTTP can easily be bankrupted if one of his songs suddenly becomes a hit. P2P filesharing, via BitTorrent and other protocols, provides an affordable alternative.

    In discussing P2P with other people, and especially with your legislators as well as your ISPs, it's important to stress the legal uses of it. Otherwise they will only see it as a source of lawbreaking and copyright infringment.

    --
    Request your free CD of my piano music.
  10. Re:what's next? by blueg3 · · Score: 5, Informative

    No, it can't. Both your post and the one I originally replied to show a lack of understanding of how BitTorrent works. There are 2 layers of indirection, the tracker and the .torrent file, and they are separate.

    The actual file (or rather, chunk) copies are held by peers, and transferred only between peers. In order to be able to get chunks, though, you need to know who the peers are, so that you can communicate with them.

    The identities of those peers are provided by a tracker. Trackers are the equivalent of BitTorrent servers -- a client contacts them and, using the BitTorrent protocol, they inform the client of how to contact other peers.

    A .torrent file is a file containing all the necessary metadata about a torrent. Names of files, hashes, and how to contact the trackers for that torrent.

    An indexing site, or Google, can readily provide you the .torrent file. All this tells you is how to contact the trackers. It does not contain sufficient information to actually contact peers and download the torrent.

    A tracker, given a .torrent file, can actually be used by clients to contact peers for download. As such, its level of facilitation in the download and sharing process is much higher.

    Both a .torrent and a tracker are necessary for BitTorrent to function. Sites providing searching or caching, like Google, can provide the .torrent -- they cannot provide the tracker. Simply having a cached .torrent file provided by Google, if the trackers it references are shut down, would do you no good.

    (PEX and such complicate matters.)

  11. Re:Well... by PopeRatzo · · Score: 5, Insightful

    One has to wonder at the sheer stupidity of certain industries these days...
    Although it looks like stupidity to us, it really is all about greed. There's a notion that no matter how successful a company is, it has to grow at a faster pace year after year after year. Unfortunately, there are border conditions and limitations to growth. We've seen this unchecked insistence on growth bring down businesses before. In fact, it's about to bring down an institution vital to our financial markets, the companies that insure bonds. For decades, they've been hugely successful, insuring the investors who buy bonds that the municipal entity that is selling those bonds will pay its commitments. For this, they charge a few percent and make a shitload of money. A few years ago, they decided that they had to grow grow grow, so they started insuring the shakiest investments since the tulip - subprime mortgages. So now, they are losing money hand over fist. Remember, these are the outfits that are supposed to protect investors from this sort of behavior.

    So, what does this boring explanation have to do with the record industry and why they are doomed? Because at one time, they were making lots of money making a product. But it just wasn't enough for them. They had to show continual growth and they did so by cannibalizing their best modes of marketing their products. Internet Radio, for instance. For decades, radio has existed to promote record sales. Internet radio was doing that very thing when the the record industry, realizing that someone was making money that wasn't them, decided they had to either get any money that Internet Radio was making or at least destroy Internet Radio while trying.

    Back in the 80s, cool young MBAs used to say "Greed is Good". There was even a popular movie that said that very thing. They were completely wrong, and now that those 1980 vintage MBAs are turning 50 and realizing that all those BMWs and condos and blow-job rings they bought their girlfriends on credit now have to be paid for, and that congress, acting at the behest of the credit industry passed a bankruptcy bill that takes away their only out, things are looking kind of shitty.

    Greed is not good. Teach your kids.
    --
    You are welcome on my lawn.
  12. Re:what's next? by ACMENEWSLLC · · Score: 5, Interesting

    I always wondered why folks didn't use other Internet technologies such as DNS to get around the "blocking" issue?

    What's to prevent all the tracker information from being put into a master DNS server with a low TTL, and building up torrent search software which queries DNS?

    You could store this into TXT records and query DNS to find the results;

    "Thomas-Edison-The-Lost-Chord-1888" IN TXT a9cd93da939d9c9

    The TXT being a unique code which again is looked up in DNS

    a9cd93da939d9c9.subdomain.domain.toplevel

    And the result is a list of IP's that are currently seeding the torrent,
    and thus BT can subscribe to. I can do a dynamic DNS update to
    add my client to the list of machines seeding the torrent.

    So there is no HTTP traffic involved in this exchange. The DNS is
    typically provided by the ISP, so caching would be in effect. So
    you want TTLs to be low. The clients will be querying against the ISP's
    DNS server. Dynamic DNS would be to the parent DNS server. The ISP could
    blackhole the zone by putting in a dummy record, but that can be overcome
    by using the root DNS servers or using any of the many open DNS servers.

    Anyway, my thoughts on the subject. ICMP would be another protocol one could
    potentially use to get around this too.

  13. Re:Well... by Danse · · Score: 5, Insightful

    The Pirate Bay is openly and unashamedly dedicated to supporting and promoting illegal activity. I'd rather see them act illegally than immorally, as the corporations who have bribed and cajoled the government into passing our existing set of ridiculous IP laws have unashamedly done. Both in the states and around the world. Copyright law, as it stands today, is completely out of whack. It does damn little to promote the public good, and a lot to increase costs to everyone.
    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  14. Fair use = People's rights = Pirate's rights by Spy+der+Mann · · Score: 5, Insightful
    Oh, wait, did you mean the pirates' rights? Do please elaborate; I don't recall seeing a "right to download other people's IP for free" in any laws recently.

    What about fair use? Imagine you're going to download a Scientology secret document exposing the cult's evil activity. You can't do it LEGALLY. This is just an example of legality != morality.

    Another example. Let's suppose you're going to analyze the written works of a meditation guru that you suspect is a scammer. If you bought them from him, you'd be contributing to HIS cause. However, if you just download them you can get your work done.

    Third example. Try before you buy. There's a new Anime that your friends recommended, and you wonder whether to buy it or not. But unless you watch a significant portion of it, you won't know if it's worth buying it... so you get a fansubbed version from the internet. Or what about a piece of music?

    Reality isn't always black and white like media companies want us to believe. First of all, virtual works fall outside the bound of supply and demand, because it's extremely cheap to copy, since you can create additional copies out of thin air (or thin CD's for that matter). With the internet, you don't even need CD's. Therefore, infringing copyright cannot be assured to be stealing - specially if the downloader couldn't buy the item anyway.

    And if the content that someone wants to LEGALLY PURCHASE isn't available on his third-world country and he'd have to spend twice the money on overseas shipping and handling, it's much easier to download from the pirate bay. And it wouldn't be stealing. Pirate works also help authors increase the exposure of their works.

    And take into account the corporations' monopolic practices like price fixing, exclusivity contracts, selling by bundles to raise the prise, etc. All these things stiffle creativity and tend to produce extremely bad quality "artworks".

    Imagine if there were no pirate copies of movies. We'd be forced to purchase tickets for Battlefield Earth or some other blockbuster failures, but guess what, there's no refund for non-enjoyment. Even if the movie sucked, you couldn't get your money back.

    In your innocence you seem to think that all money paid goes to the artists. In your dreams. Most money really goes to a bunch of middlemen who exploit the artists. (Hint: Why do you think the writers' guild is on strike?). And let's not forget about Trent Reznor of NIN, who is very vocal about his support for people pirating ("stealing") his works. ( http://www.youtube.com/watch?v=-mm6rc7hcFE ). This makes you ask yourself, who is REALLY trampling on people's rights? Is it really the pirates, or the corporate giants? And for every LEGAL purchase of RIAA-produced music, you give money to the same bastards who sue random people JUST BECAUSE THEY CAN.

    Blocking BitTorrent per se would be trampling on people's rights, because BitTorrent is a neutral technology that is used for many legitimate purposes. But The Pirate Bay is not like that. There's a hint in the name, see? The Pirate Bay is openly and unashamedly dedicated to supporting and promoting illegal activity.

    Just because the MAJORITY of the works there are copyrighted doesn't mean that all are. The Pirate Bay - and all bittorrent trackers, for that matter - is also used to distribute authorized works like Linux distributions, free (and legal) copies of Paulo Coelho's works, open documentation (like Open Source Software manuals), homemade videos, hacker guides (whether using them is legal or not, is outside this scope), fair use works like AMV Hell, doujinshi, webcomics (which are available online for free, anyway).

    Here are just some examples of AUTHORIZED content found in the Pirate Bay:

    h