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Half the Charges Against Pirate Bay Dropped
eldavojohn writes "Half the charges have been dropped in the second day of the trial against the Pirate Bay. The charges dropped are those relating to 'assisting copyright infringement,' so the remaining charges are simply 'assisting making available.' No information on how this affects the size of the lawsuit or a settlement."
Arguably, I make copyright infingement available by providing my daughter with a computer that can access the Internet.
If the argument is that putting a site up that points at known torrents is a crime, doesn't every media outlet in the world carrying this story run the risk of some culpability by promoting it?
M
We support the theft of intellectual property here, right? Fucking Theives.
....especially when millions of people world-wide are waiting scream "Bullsh!t" (in all forms of media) the moment the prosecution tries to submit some in court.
Up, Up, Down, Down, Left, Right, Left, Right, B, A, START
Yea, ye' scruvy IFPI may have girded themselves to face yourn dreaded pirates alone. But pirates and ninjas be allied now!
SJW: Someone who has run out of real oppression, and has to fake it.
Good to hear this news.
.torrent files he is using as evidence actually used The Pirate Bay's tracker. Many of the screenshots being used clearly state there is no connection to the tracker. Additionally, prosecutor HÃ¥kan Roswall didn't adequately explain the function of DHT which allows for so called "trackerless" torrents."
But From TFA: "What has been shown in court today is that the prosecutor cannot prove that the
So, it is only matter of time they are back later with stronger evidences?
It somehow just makes me feel better about the world when the "bully" gets a face-full of 'take that' from the underdog. I hope that the rest are dropped or mitigated to a wrist slap size judgment that allows TPB to continue operations as normal.
Support NYCountryLawyer RIAA vs People
So now instead of the "making available" theory, we get to see the "assisting making available" theory.
I love how these lawyers think. If I gave a random guy in a wheelchair a push up a steep incline, and he had robbed a store sometime in the past, I would be an accessory to a crime.
Seriously, can't we just round up all of the lawyers, executives, and directors and just fucking kill them already?
That's not vague or anything.
Give me Classic Slashdot or give me death!
"It's a largely technical issue that changes nothing in terms of our compensation claims and has no bearing whatsoever on the main case against The Pirate Bay. In fact it simplifies the prosecutor's case by allowing him to focus on the main issue, which is the making available of copyrighted works," IFPI's legal counsel said.
Here's to having the case simplified to the point it allows the prosecutor to focus on other cases...
They must have used a reverse ssh tunnel!
Obligatory blog plug: http://www.caseybanner.ca/
Libraries provide all sorts of assistance. Why, they even have a professionals devoted to "assisting making available" -- librarians. I ask them where I can find a (copyrighted) book, and they not only tell me, but they let me borrow that (copyrighted) work!!! After that, I could either be following the law or not. How do they know I don't have a photocopier or scanner set up at home to "steal" the whole thing? What's worse, governments provide all sorts of financial assistance for libraries on the premise it is a "public good" to make these (copyrighted) materials available. They're obviously complicit in any copyright infringement that occurs.
Do the math! Next up: print publishers sue librarians and government for "assisting making available" copyrighted works.
Effectively, any search engine and the whole internet itself assists in 'making available'.
Excuse me, but please get off my Pennisetum Clandestinum, eh!
If real pirates can take an entire fleet of ships then surley the bandwidth of an oil tanker full of hard drives should be used as the "real" pirate bay
Well, DUH?, if they haven't been able to shut it down in years of raids and proceedings, why should they be able to do it in a few days trial???
The accual .torrent-files where not even submitted as evidence, only screenshots from the client. The prosecutor assumed that the only source of peers is a single tracker when it in reality can be multiple trackers, DHT, Peer Exchange, Local Peer Discovery and adding them manually.
Note that the defence haven't even started to make it's case yet, this is just from the prosecutors own mistakes.
The reason for dropping the charges can be found between the lines of this article. Basically, TPB nicely informed the prosecution that there way no way in hell that they could prove which copyright infringements originated from the trackers provided by TPB (as opposed to, say, mininova or slotorrent).
While I love this outcome (and the fact that it took TPB less than 24 hours to uproot the more serious charges brought against them), I'm not too happy about this approach. They're winning on technicalities, while I would have liked for them to win on principle.
Anyway, I'll keep dreaming.
So was the prosecution technically incompetent, or were they aware that it was wrong and just hoped that they would get away with it? I suppose that it is possible that they expected TPB to try to make a deal rather than go to court, and so had to hurredly put a case together at the last minute.
They want to boost our morals, but they ended up boosting our morale!
A classic tactic in self-serving prosecutions is to charge a person with rape, pillage, robbery and illegal parking. Then, when the defendant is found guilty of illegal parking, the prosecutor can announce conviction, with most listeners thinking that the defendant was convicted of all the charges.
--dave
davecb@spamcop.net
Why are people so happy? The linked article merely states that the prosecution didn't demonstrate that they had the evidence that they said that they have. I thought that slashdot wanted a verdict of "They are doing everything that is claimed and that is okay because it is legal". Why would slashdot be interested in the competency of the prosecution?
Weird how they are giving up so quickly. I get the feeling that the prosecution doesn't actually want to win this. Could they be going through to motions to satisfy the demands made by MPAA/RIAA/**AA as relayed through the U.S. government to the government of the prosecution to make them just shut up? "Hey! We did what you asked and it failed! What would you like us to do now?"
But even if there were some success in this, won't the result just be the development of technologies that make it even harder to prosecute?
Seriously, can't we just round up all of the lawyers, executives, and directors and just fucking kill them already?
Shh, don't tell anyone, but it's all under control. That's what climate change is for. We're gradually raising the temperature of the planet until all the lawyers, executives, directors, used-car-salesman, boy-bands, etc all decide to build a giant spaceship and leave. Once they're gone, we'll set it back to where it was. We tried starting a rumour about the planet being in danger of being eaten by a mutant star goat, but it didn't take.
The prosecutor dropped half of the charges because he had misunderstood the behaviour of the BitTorrent. The half of the charges were about making pirated copies.
This however still leaves, as the TFA states, the charges about 'assisting in making available'. This also does not affect the claims of the stakeholders, they are still "valid". Also the maximum possible sentence is still the same.
Swedish prosecutor has been really careful with this case and propably doesn't want to risk the case with false charges. All the tracker files provided by stakeholders as the files downloaded are carefully selected. They even have listed every IP met using those .torrent files and made sure that every one of those has a Swedish IP among them. The prosecutor is also careful in using any previous cases against torrent tracker (for example Finnreactor case in Finland).
A Finnish lawyer Mikko Välimäki has made a blog post about the case (Google translation, original is here)
...I can't wait for my lawsuit for linking to assisting making available.
Live today, because you never know what tomorrow brings
Just a reminder to myself not to post when I can't think straight. Imagine a better topic for the previous post, other than my nick. :)
"Your Honor, The Engulf and Devour Media Conglomerate, er, I mean, The PEOPLE'S exhibit A:
A Google Screenshot , illustrating how Google facilitates the infringement of copyright and assists in making available these copyrighted files to immoral and unconscionable thieves like THEM!"
(Prosecutor inadvertently points towards jury box. Hilarity Ensues!)
Guaranteed! This comment 100% Anthrax free!
That's not how the Swedish/Scandinavian/German legal system works.
It's a different legal philosophy. The Anglo-American system works essentially by contrasting two alternate realities,
the prosecutor's version of events versus the defendant's version of events, and the trial is a decision between the two.
In this legal system, the prosecution and defendants work towards a sort of common reality. Along the way, arguments and evidence gets dropped until they're left with essentially the minimum of differences. *Then*, at the end, the prosecutor formally demands they be sentenced for whatever they think they can reasonably get.
It's common and completely normal in that way for charges to be changed, dropped or added during the trial. It's what remains at the end that matters, not what they were demanding at the start.
Also, district attorneys in Sweden are not elected officials, and a D.A. career is not viewed as a stepping-stone into a political one. So Swedish prosecutors aren't anywhere near as interested in media attention as American ones are.
Hell Target makes available a lot of copyrighted works. I walk in, stuff my bag, then walk out. making available of copyrighted works What about that?
My addiction: Arguing with idiots. AKA Slashdot!
Except that "making available" was thrown out in U.S. court. If they're convicted of "assisting making available" in Sweden it'll mean that the U.S. is the more liberal country and I don't think Sweden can live with that. No one in the E.U. would talk to them anymore.
Learning HOW to think is more important than learning WHAT to think.
TPB isn't looking for copyright infringement. In fact, it's entirely possible that there is no infringement, remember, some sovereign states don't recognize copyrights that are not registered in the country (cf US copyright at the turn of the 19th century wrt Chuck Dickens). Such making available is not illegal.
Ok, it would be nicer for this to work on ideals than technicalities. But the fact that the half the prosecutions case is based on them not understanding what is going on makes it likely that their understanding of the rest of the case may be a bit shaky as well.
If that is the case they are going to screw up nicely in the next few days, which is what I feel is most likely.
In Iceland the opposite happened (well, not really. The prosecution didn't know anything but the torrentsite operator didn't defend himself well enough) and now Iceland is one of those places where no search engine or data collection system wants a home base.
These people really don't think of the consequences. Studies show that piracy does not cut into profit margins in any significant way (Canadian government study being notable), which correlates with entertainment industry growth following economic trends and not increase in piracy efficiency.
Would someone please post a torrent file linking to video of the trial?
For conscience is the wound, and there's naught to staunch it
Will PB sue the RIAA for "assisting making available"?
APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
and the internets shall lol as the music industry finally finds out in the most publicly embarassing way possible that they can't actually do anything to stop piracy.
From TFA:
""EPIC WINNING LOL," Peter himself later commented on Twitter."
Gotta love their high spirits despite all the crap being thrown at them but I'd imagine it's a hell of a relief seeing the music industry's case pretty much gutted on only the second day.
What's interesting from the BBC article is this:
"In fact it simplifies the prosecutor's case by allowing him to focus on the main issue, which is the making available of copyrighted works."
I find that an impressively naive comment as they haven't made anything available- that should be even easier to defend than "assisting copyright infringement" although from what I understand, despite the music industry just blatantly suggesting they're making available the actual charge is "assisting making available" which is somewhat different. If the latter is indeed the actual charge then I guess we're back to them just defending the fact that assisting making available isn't actually any kind of crime in Sweden.
Still one might hope the fact that their initial main charge has been obliterated that this might put the brakes on any hopes of sympathy for the remaining charge also.
we need more of those people on this planet.
Read radical news here
that these trials are just a precursor/warm-up for the riaa to take on torrent and tracker sites hosted here in the US?
or is there something I'm not understanding about law?
anyways, I like a good conspiracy as much as the next guy, just.... not as much as david icke....
she was the daughter of a wealthy florentine pogen read em and weep was her adjustable slogan
The prosecutor in this case (Hakan Roswall) is Sweden's most experienced and knowledgeable prosecutor when it comes to cases involving Intellectual property rights. It looks like he didn't do his homework before entering the court house. He has been working on this case for more than three years and after one day in court he realized that TPB does not copy any files at all.
I think he felt a little embarrassed after this.
Yes, this news fills me with joy! People who run torrent sites should be lauded as heroes on Slashdot. They should be people we get behind and support when they go to court for running their mass piracy ring. When anyone brings up the artists who are getting ripped off every day by these people, we'll just mindlessly rant about the RIAA or the MPAA some more.
Remember the Slashdot credo--FUCK artists, and FUCK their rights! PirateBay is our hero!
Slashdot's heroes, the Pirate Bay, are gonna get away with it! We deserve to get everything that artists make free of charge. FUCK artists, and FUCK their rights!
I join my fellow Slashdotters in cheering for this story. People who are ripping artists off are getting away with it. What's not to love?
You're not suggesting that journalists actually do this "research" stuff and produce "informed articles" any more are you???
Sure I'm paranoid, but am I paranoid enough?
it'll mean that the U.S. is the more liberal country and I don't think Sweden can live with that.
Repeating back what I've heard here on slashdot, Sweden is pretty big on the socialist (scary!) welfare (more scary!) state.
I don't think they'd mind if the U.S. is considered more right-wing. I mean liberal.
Oh well, at least I didn't contradict myself, seeing how I'm outside the U.S. ;-)
(tongue-in-cheek-'ly-pointing-out-the-obvious-'ly yours...)
These charges were dropped because they were false and they were a bluff. But you can bet that the law will make no effective provision for people falsely charged making any substantial, financial recovery.
Why would slashdot be interested in the competency of the prosecution?
Slashdot wants TPB to win so we don't have to switch over and use isohunt instead ;-)
I'm thinking if that charge flies in Sweden, American prosecutors will use it in American courts by saying 'Hey, the most liberal country on the planet thinks it's a problem. What's wrong with us??'
Understanding the scope of the problem is the first step on the path to true panic.
Trust me, pretty doesn't even get a look in, but they make up for it in rabidness.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
Thus what the pirate bay is being sued for if they were in canada would have walked off on all cahrges
see http://www.p2pnet.net/ WHO WON the CASE.
This is the case of wether taking stuff left outside a house for trash is considered stealing or not. once the courts have ruled one way or another that is the new law. IF the courts rule that taking stuff left outside is NOT stealing then nobody can ever be charged for that act again.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
The car companies don't speed. Nooo, they are just allowing people to speed themselves.
The gun companies don't kill. Nooo, they are just allowing people to kill each other.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
We just look at their boobies and try to get them to translate the swedish chef.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
thepiratelibrary.org
> Similarly, since TPB are certainly not going to stop linking to torrents, if they are acquitted here due to technical flaws in the prosecution's evidence, then they can't be charged again over those particular torrents - but new ones are published every day, and the prosecution could try again with a different set of specific torrents, and with more complete evidence.
They've spent three years gathering this evidence. If it's not complete enough by now, they're going to be wasting their time doing this again without some change in Swedish law.
Enough already!
Once I was a four stone apology. Now I am two separate gorillas.
And so the story goes of old farts trying to protect the old record industry...
TPB is just a specialized version of Google. I can find more torrents via Google than I can via TPB.
No sig today...
There is a Law & Order spin off coming to the UK...
IANAL but write like a drunk one.
Since some places allow the copying without license. Some have a license already ("This DVD is licensed for home use only..."). Other items are seeded by request of the copyright holder.
Just as a Book KNOWS that some of its people are borrowing, copying and returning audio CDs, they don't stop it.
Assisting making available is the vaguest law known to man.
Intent won't be hard to prove what with the name of the site, the legal threats section, etc. Then again maybe intent doesn't play such a big part in Swedish Law as elsewhere.
Regardless, here's hoping for a progressive pirate-happy outcome!
Brains too assists in 'making available'.
Frigging zombie governments need a culling soon.
Use your brain. ;)
Think of a set of sections, paragraphs for every paragraph of a section, and sentences for every sentence of a paragrap
Then you can run a function which randomly or from some seed value selects which sentences and paragraphs go into the paragraphs and sections.
In fact, this comment is a Haskell program to do exactly this. (Of course, in reality, the Picker type would be "[a] -> IO a".)
Damn Slash. I got a "Filter error: Please use fewer 'junk' characters.". Apparently non-circumventable.
So yo can grab the original from here: http://pastebin.com/f22167cc9
Maybe to me this is so obvious because I'm a programmer. But I think, if one regularly uses a computer, one should know how to automate such things. Not nessecarily in Haskell though. ;)
Any sufficiently advanced intelligence is indistinguishable from stupidity.
we need blondes. you have to find a way to create more swedish women.
now that you mention it, world also needs more swedish women.
Read radical news here
The new Brittany Spears is teh suck. 320 LAME mp3
Tired of all the isms, don't exploit people as an employer, or a government, mmmmK?
Given that you can go to Google and do searches capable of finding thousands of illegal mp3s, how do you differentiate sites like Google from The Pirate Bay? Is it their claim similar to that used against Napster, where the prior statements of the site -- and in particular, its name -- were an incitement to illegal behavior on the part of others? If so, couldn't someone else legally operate a Pirate Bay clone, so long as they make a point of never getting close to advocating illegal downloads, or perhaps even specifically warning people not to do so?
Sony have goodwill? With who? I'm not surprised people would rather get their music via TPB than Sony. Getting it from Sony hasn't worked out that well in the past now has it. Rootkit anybody? So who exactly is the criminal?
"A cynic is what an idealist calls a realist" - Sir Humphrey Appleby