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Pirate Bay Shuts Down Tracker, Switches To Distributed Hash Table

think_nix writes "The Pirate Bay has shut down their BitTorrent tracker. Instead TPB is now using Distributed Hash Table to distribute the torrents. The Pirate Bay Blog states that DHT along with PEX (Peer Exchange) Technology is just as effective if not better for finding peers than a centralized service. The Local reports that shutting down the tracker and implementing DHT & PEX could be due to the latest court rulings in Sweden against 2 of TPB's owners, and may decide the outcome of the case."

327 comments

  1. In a related question by OeLeWaPpErKe · · Score: 2, Interesting

    How do you get rtorrent to load a magnet link (preferably by pasting it into it's window) ???

    The docs aren't too clear on this. I've tried and then pasting the magnet link at the "load>" prompt. But no luck.

    1. Re:In a related question by sopssa · · Score: 4, Informative

      Magnet link is an URI, your browser is supposed to send it to it directly.

      It's interesting that TPB takes this stance now when it has become too expensive and hard to keep their trackers working, and while having legal issues shot against them from everywhere. DHT and PEX have been around for years with no significant improvements. This isn't a change because "the technology is ready now", but because the ship is sinking.

    2. Re:In a related question by Anonymous Coward · · Score: 2, Informative

      rtorrent is a console client, so there are obviously problems with the idea of your browser sending it directly.

      Anyway, it appears that rtorrent doesn't support magnet links. There's an open bug on trac for it: http://libtorrent.rakshasa.no/ticket/955

    3. Re:In a related question by Galactic+Dominator · · Score: 5, Informative

      Of course this is in response to the legal situation, but DHT is a better method provided users get their clients configured correctly and ports forwarded. Your comment implies they are switching to an inferior technology which is certainly not the case. It's far more fault tolerant and less prone to bottlenecks, it simply requires more from the user. As more sites switch to this method, swarms will increase in size and throughput with less liability for all. I'm glad this finally happened.

      Congrats, you've successively cut off a head from the hydra.

      --
      brandelf -t FreeBSD /brain
    4. Re:In a related question by __aailob1448 · · Score: 1

      Agreed. yours may be the only (high-modded) realistic post in this thread. I was getting tired of the positive spin from all the /.ers who can't handle the truth.

    5. Re:In a related question by Anonymous Coward · · Score: 0

      When the old tech has become too expensive compared to the new tech, isn't that an excellent time to switch to the new tech?

    6. Re:In a related question by camperdave · · Score: 1

      As more sites switch to this method, swarms will increase in size and throughput with less liability for all.

      The problem with all bittorrents, DHT driven or otherwise is that they are popularity driven. Torrenting the Latest-and-Greatest Movie(tm) is always going to go a lot faster than torrenting an episode of McMillan and Wife, or The Beachcombers. Sometimes it would be faster to just download directly. Show me a way of using the swarm to smooth out the popularity issue.

      --
      When our name is on the back of your car, we're behind you all the way!
    7. Re:In a related question by AlterRNow · · Score: 1

      Using something like lessfs ( http://www.lessfs.com/ ) but across the *entire* network?

      Is it illegal to download a list of instructions on which chunks to use ( and in what order ) to create a copyrighted work from your family photos? :)

      --
      The disappearing pencil trick. Let me show you it.
    8. Re:In a related question by Reziac · · Score: 3, Funny

      Any port in a swarm....

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    9. Re:In a related question by sopssa · · Score: 4, Insightful

      Is it illegal to download a list of instructions on which chunks to use ( and in what order ) to create a copyrighted work from your family photos? :)

      That's just the same old "but it's just random 0 and 1 on my hdd, it's not the movie, it just happens to have the same order in bytes!". No matter how you try to circumvent laws with stupid technical jargon, if it's clear you are or your intention is to violate copyright laws, you wont get far with such jargon.

    10. Re:In a related question by fluor2 · · Score: 1

      You can't compare it to a ship? It's a BAY damnit! :)

    11. Re:In a related question by commodore64_love · · Score: 0

      I'm not familiar with Rtorrent but based-upon my quick read on wikipedia, can't you just save the *.torrent file, open Rtorrent, and then load the torrent? That's what I do with both Azureus and Utorrent

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    12. Re:In a related question by commodore64_love · · Score: 1

      >>>get their clients configured correctly and ports forwarded.

      My DSL modem is not port-forwarded (damn verizon has password-protected it), but it still seems to work just fine with torrents and DHT tracking.

      As for robustness, when niteshdw.com was taken offline by RIAA threats, the Distributed tracking did keep the files active for awhile but after just six months they were all dead. There was no longer anyway to make the niteshdw.com downloads operate. It will be interesting to see if piratebay.org's files are still active six months from now. (Ditto demonoid which has been down for quite awhile too.)

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    13. Re:In a related question by Anonymous Coward · · Score: 0

      Intent is not sufficient for a crime. It may be an aggravating condition (e.g. A&B w/ intent to kill), but without an act which is in itself criminal, there's no crime.

      Downloading instructions to infringe, even with intent to use them, is not a crime, using those instructions to infringe is. It's that simple.

      The question is not whether you intend to violate copyright laws, but rather what acts do violate copyright laws. Is a .gz of a file a copy? (Obviously, yes.) An index into the digits of pi (assuming them to be normally distributed...)? (unclear, irrelevant in all practical cases.) A seriously resolution-reduced thumbnail? (Probably still a copy or derivative work, but maybe fair use.)

      Generally, if the list of instructions is about the file size of the original, as it will be assuming decent compression and no pre-existing correlation of the datasets, I expect it would be considered a derived work, and thus a violation, not an instruction set "with intent to violate copyright".

    14. Re:In a related question by commodore64_love · · Score: 2, Insightful

      Especially since megaorp lobbyists can just bribe the lawmakers to make torrent files illegal, regardless of content.

      BTW let's stop calling it "copyright". It's not a right. It's a government-granted privilege of monopoly... same as what they granted Comcast and Amtrak. Nothing more

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    15. Re:In a related question by commodore64_love · · Score: 1

      Yes.

      Any port. :-( - I'm using dialup now because my DSL mysteriously died. Maybe someone ran into a pole and knocked-out the lines. (checks). Only 5 more hours until V Episode 2 finishes downloading. (sigh)

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    16. Re:In a related question by lc_overlord · · Score: 1

      Well as long as UPnP is activated at the router it should work.

      also they didn't shut down thepiratebay.org only the tracker, so people still has access to the files.
      And with magnet links you could use any web cache service to get the old files even if they shut down TPB all together.

      --
      - "There is nothing quite like an ineffective solution to an nonexistant problem"
    17. Re:In a related question by tzot · · Score: 1

      Save *which* torrent file? Giving your bittorrent client a magnet link means it searches for the torrent file through DHT to download it.

      --
      I speak England very best
    18. Re:In a related question by Reziac · · Score: 1

      Damn, that sounds like you're lost at sea ;(

      How can your DSL go out and your dialup still work??

      I didn't realise V had been resurrected... might have to look for that! I don't get any TV at all here so... if they want me to watch it, they better make it available. Hell, I wouldn't even mind getting the same commercials with it as broadcast, if it was reliable enough.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    19. Re:In a related question by Reziac · · Score: 1

      How the heck do you use those magnet links? Seamonkey just looks at me funny, and uTorrent ignores them.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    20. Re:In a related question by Anonymous Coward · · Score: 0

      Ok then, what do you propose we call it? Copywrong? If you're going to propose something like that, hopefully you have an alternative lined up.

    21. Re:In a related question by burisch_research · · Score: 1

      What sux is that most of the torrents I'm trying to use from TPB have DHT disabled. There doesn't seem to be any workaround :(

      --
      char*f="char*f=%c%s%c;main(){printf(f,34,f,34);}";main(){printf(f,34,f,34);}
    22. Re:In a related question by wealthychef · · Score: 1

      So OK, what do I have to do as a user to download a torrent? Has anything changed? Let's say I'm looking for McMillon and Wife. Will Vuze still work?

      --
      Currently hooked on AMP
    23. Re:In a related question by ixidor · · Score: 1

      you might try this lifehacker assuming you can get to a gui based browser like ff or konqueror.

    24. Re:In a related question by Zibri · · Score: 1

      Magnet link is an URI, your browser is supposed to send it to it directly.

      http links are URI:s to, but rtorrent supports those (using libcurl). But libcurl does not support magnet-links :-).

  2. Distributed Post! by Lissajous · · Score: 5, Funny

    F......

    1. Re:Distributed Post! by russlar · · Score: 5, Funny

      i........

      --
      Anybody want my mod points?
    2. Re:Distributed Post! by Anonymous Coward · · Score: 0

      ....E..

    3. Re:Distributed Post! by jaggeh · · Score: 1

      ....N..

      --
      I would give everything i own for a little bit more.
    4. Re:Distributed Post! by gomiam · · Score: 2, Funny

      Part 1 of the torrent failed checksum. Redownloading...

    5. Re:Distributed Post! by Rik+Sweeney · · Score: 5, Funny

      Seriously guys, can you PLEASE SEED!!!!

    6. Re:Distributed Post! by sopssa · · Score: 1

      ....??...

    7. Re:Distributed Post! by ionix5891 · · Score: 1

      that sounds so wrong

    8. Re:Distributed Post! by sakdoctor · · Score: 1

      ....D..

    9. Re:Distributed Post! by Anonymous Coward · · Score: 0

      Seriously guys, can you PLEASE SEED!!!!

      that sounds so wrong

      Homophobe.

    10. Re:Distributed Post! by sopssa · · Score: 1

      Z....

    11. Re:Distributed Post! by clambake · · Score: 5, Funny

      Crap, stuck at 99%!

    12. Re:Distributed Post! by clambake · · Score: 5, Funny

      R.......

    13. Re:Distributed Post! by Anonymous Coward · · Score: 0

          You have a problem with breeders? Your mom didn't seem to mind last night.

    14. Re:Distributed Post! by Rigrig · · Score: 5, Funny

      ...s.

      --
      **TODO** [X] Steal someone elses sig.
    15. Re:Distributed Post! by hosecoat · · Score: 1

      FAKE!

    16. Re:Distributed Post! by sopssa · · Score: 5, Funny

      ....t.....

    17. Re:Distributed Post! by catbertscousin · · Score: 1

      T.......

      --
      No good deed goes unpunished. - Avon, Blake's 7
    18. Re:Distributed Post! by Anonymous Coward · · Score: 0

      ....t....

    19. Re:Distributed Post! by pHus10n · · Score: 4, Funny

      C-C-C-COMBO BREAKER!

    20. Re:Distributed Post! by Talderas · · Score: 1

      Dammit, I only make male disciple breeders. I want all my women pregnant at all times!

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    21. Re:Distributed Post! by selven · · Score: 4, Funny

      C-C-C- COMBO BREA.......

    22. Re:Distributed Post! by sopssa · · Score: 5, Funny

      piece 443 failed hash check

    23. Re:Distributed Post! by Kryptonian+Jor-El · · Score: 5, Funny

      I"VE BEEN STUCK ON 98% FOR 3 DAYS!!!!!!1111!!!1!! SEEEEEEEEEEEEEEEEEEEEEED.

      --
      All your 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 are belong to us
    24. Re:Distributed Post! by Yvan256 · · Score: 1

      We need more minerals!

    25. Re:Distributed Post! by mrdogi · · Score: 1

      ...s.....

    26. Re:Distributed Post! by Yvan256 · · Score: 1

      Bad video quality, audio out of sync, don't bother getting this one.

    27. Re:Distributed Post! by Captain+Splendid · · Score: 1

      Yeah, cams suck, I'm waiting for the DVD rip.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    28. Re:Distributed Post! by sopssa · · Score: 1

      Bad text quality, idea out of sync with the output, no car analogy. Don't bother up-moderating this one.

    29. Re:Distributed Post! by Anonymous Coward · · Score: 0

      F......

      wheres teh keygen???

    30. Re:Distributed Post! by gravis777 · · Score: 3, Funny

      Refreash your tracker list, I have been seeding for days. I think the tracker server may be overloaded with all these slashdot people hitting us. The original seeder should really have enabled DHT on this torrent.

    31. Re:Distributed Post! by qmaqdk · · Score: 1

      Finally, 100%. *closes torrent*

      --
      My UID is prime. Hah!
    32. Re:Distributed Post! by ciderVisor · · Score: 3, Funny

      Goddamned leecher !

      --
      Squirrel!
    33. Re:Distributed Post! by sexconker · · Score: 1

      Homophobe.

      Homonym.

    34. Re:Distributed Post! by Reziac · · Score: 1

      [banned sopssa (1498795)]

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    35. Re:Distributed Post! by Sancho · · Score: 0, Offtopic

      You people are what is wrong with Slashdot (and lots of other community-driven sites) these days.

    36. Re:Distributed Post! by TeknoHog · · Score: 3, Funny

      Checking hash... 420 Not Found

      --
      Escher was the first MC and Giger invented the HR department.
    37. Re:Distributed Post! by shutdown+-p+now · · Score: 1

      Don't bother. I finished downloading already, and it's in Italian.

    38. Re:Distributed Post! by M8e · · Score: 1

      Homophobe.

      Homonym.

      Homophile.

    39. Re:Distributed Post! by geminidomino · · Score: 1

      Io parlo italiano, insensibile sciocco!

    40. Re:Distributed Post! by mister_playboy · · Score: 1

      It should be more like "OMG, plz seed!!!11one"

      --
      Do what thou wilt shall be the whole of the Law ::: Love is the law, love under will
    41. Re:Distributed Post! by thebjorn · · Score: 1

      Homo Erectus.

    42. Re:Distributed Post! by sopssa · · Score: 1

      Don't you too close it now, I'm 63% done receiving the GP's post!

    43. Re:Distributed Post! by sopssa · · Score: 1

      puede alguien traducir por favor lo que él está diciendo??

    44. Re:Distributed Post! by commodore64_love · · Score: 1

      I will seed any female that weighs less than 130 pounds and below age 30.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    45. Re:Distributed Post! by commodore64_love · · Score: 1

      Most Homo erecti (and sapiens) are Ephebophiles

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    46. Re:Distributed Post! by geminidomino · · Score: 1

      Yo dije "I speak Italian, you insensitive clod."

      (Hablo espanol, tambien.)

    47. Re:Distributed Post! by commodore64_love · · Score: 1

      I'll take anything that's free. It's helps me filter out the crap when I visit Walmart's DVD rack, and only buy the good stuff

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    48. Re:Distributed Post! by mister_playboy · · Score: 2, Funny

      So you like your computers old, but your women young, eh? :)

      --
      Do what thou wilt shall be the whole of the Law ::: Love is the law, love under will
    49. Re:Distributed Post! by mister_playboy · · Score: 1

      I understood the joke without knowing Italian, you insensitive clod!

      --
      Do what thou wilt shall be the whole of the Law ::: Love is the law, love under will
    50. Re:Distributed Post! by Anonymous Coward · · Score: 0

      Oh man, it's a fake! I thought it was a first post but there's some CowboyNeal with a huge byte ramming a CPU!

    51. Re:Distributed Post! by Hurricane78 · · Score: 1

      Uuum dude, you are stuck with fake! No shitting penis-nipple-tentacles there. Just white noise or some old advertisement. ^^

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    52. Re:Distributed Post! by Anonymous Coward · · Score: 0

      Roll again? Y/N

    53. Re:Distributed Post! by CopaceticOpus · · Score: 1

      .... ....

    54. Re:Distributed Post! by bigngamer92 · · Score: 1

      ...P...

    55. Re:Distributed Post! by chaos95 · · Score: 2, Funny

      Fist?

    56. Re:Distributed Post! by taucross · · Score: 1

      tl;dr

      --
      "In the absence of the ability to establish the attribute of truth they tried to establish the noble attributes."
    57. Re:Distributed Post! by Lesrahpem · · Score: 1

      You require more Vespene Gas!

    58. Re:Distributed Post! by AmberBlackCat · · Score: 1

      Your possession of the letter t in your torrent is all the proof we need that you are distributing my copyrighted name. I demand that you pay me $7,000 USD for every letter in amberblackcat or face litigation.

    59. Re:Distributed Post! by Laurence0 · · Score: 1

      Homo nym? What is this faggot tree?

    60. Re:Distributed Post! by Anonymous Coward · · Score: 0

      I've seeded a lot, I have 4 children.

    61. Re:Distributed Post! by DaVince21 · · Score: 1

      Finally I got that episode of, uh, FIRENDZ in!

      --
      I am not devoid of humor.
  3. Does this mean TPB will still be working? by Kirin+Fenrir · · Score: 5, Insightful

    Proving that technology is always one step ahead of copyright law.

    --
    Caffeine is my anti-drug!

    Duranin - A NWN2 Roleplaying Persistent World
    1. Re:Does this mean TPB will still be working? by sopssa · · Score: 0, Flamebait

      No, it is not. You cannot circumvent laws with technical bullshit, atleast not in nordic countries and probably elsewhere in Europe too, because intention counts in courts aswell. If it is as clear as The Pirate Bay is and how they handled to all the DMCA requests (even if theres no such law in sweden, but common sense works long way), judges are going to see whats going on and punish for it. You cannot get around that with technical reasonings like "but we dont host the files, we just provide .torrent files". And before anyone jumps on the "but then Google should be sued and shutdown too" bullshit, everyone can see the difference between TPB and Google.

    2. Re:Does this mean TPB will still be working? by Zombywuf · · Score: 1

      Yeah, it's easier to find albums of obscure artists on Google. Even then you miss the point, TPB will have to go to court again to find out if this is illegal, and that could take years. So we now have a few years to find another workaround.

      --
      If you can read this you've gone too far.
    3. Re:Does this mean TPB will still be working? by sakdoctor · · Score: 3, Insightful

      Sure you can.
      The decentralized service doesn't have that central server weakness, so the best you can do is blast sacrificial individual users with law suits.

      After that, it's a case of mass disobedience vs prohibition laws, because people are not going to stop sharing any time soon.

    4. Re:Does this mean TPB will still be working? by Anonymous Coward · · Score: 0

      You cannot get around that with technical reasonings like "but we dont host the files, we just provide .torrent files".

      My view on the whole Pirate bay thing is this: If I give you the address of a drug dealer, am I to be held responsible for your subsequent drug taking?

      .torrents are the equivalent of directions to an illicit place, like the address of a dealer or whorehouse..

    5. Re:Does this mean TPB will still be working? by 12345Doug · · Score: 1

      Not really. I've used TPB a few times (10ish) and the vast majority of it has been for finding trail and open source software. It's basically a big search engine for me. I use it because it's well know and seems to have access to lots of torrents.

    6. Re:Does this mean TPB will still be working? by Anonymous Coward · · Score: 1, Insightful

      And before anyone jumps on the "but then Google should be sued and shutdown too" bullshit, everyone can see the difference between TPB and Google.

      I like this idea when it comes to due process in a court. "Who killed the victim, the dishevelled black guy or the neat & prim white guy"? Has to be the black guy, I mean everyone can see the difference.

    7. Re:Does this mean TPB will still be working? by JWSmythe · · Score: 1

          There's a fine line here.

          If you have an address of a drug dealer, and you are not party in any sort of way, it could be innocent. For example, if you suspected a neighbor was a drug dealer, and you told the police.

          A completely different example, which is more appropriate, would be if you acted as a centralized clearinghouse for information on drug dealers. You provided information on what they had on hand, where to go to get it, and if they were currently available. Most likely, even though neither money nor drugs passed through your hands, you would be found to be an accomplice to their criminal activities.

          This happens in other circles, such as TER. They provide a facility for people to post information on intimate adult experiences. That's not the only example. There are quite a few national and regional facilities like this.

          I personally wouldn't demonize TPB. While this kind of sharing isn't the nicest thing, if the companies who are being effected had been decent about their cost structure people wouldn't have resorted to this in the first place.

      --
      Serious? Seriousness is well above my pay grade.
    8. Re:Does this mean TPB will still be working? by Anonymous Coward · · Score: 0

      Yes, I know this arguement is getting old but... How does that differ from Google in ANY aspect, again?

    9. Re:Does this mean TPB will still be working? by SethJohnson · · Score: 3, Insightful

      Whereas the tobacco companies have lost several huge lawsuits, I don't recall any magazines getting sued for running ads for cancer-causing products.

      Seth

    10. Re:Does this mean TPB will still be working? by selven · · Score: 1

      It's not a technical reasoning, it's a valid argument. If pointing to a drug seller's shack isn't illegal, what they're doing isn't either.

    11. Re:Does this mean TPB will still be working? by Anonymous Coward · · Score: 0

      Can we please stop comparing file sharing to drug smuggling?

    12. Re:Does this mean TPB will still be working? by JWSmythe · · Score: 1

          I was just replying to the parent. :) Ya, it in no way relates to drug smuggling. People don't get killed either by their peers or LEO.

          I prefer the escort comparison myself. Everyone walks away with a smile on their faces. :)

      --
      Serious? Seriousness is well above my pay grade.
    13. Re:Does this mean TPB will still be working? by AlamedaStone · · Score: 2, Insightful

      It's more like setting up a site called drugdealers.com where people post advertisements on where to buy drugs. You can defend your "but the site is only giving address where to buy drugs, I'm not selling any!" all you want, but it wont hold up in court.

      Terrible metaphor. It's more like setting up a site called streetaddresses.com where people post addresses of many places. You can defend your "but the site is only giving user-posted addresses, I'm not responsible if some of those addresses contain illegal materials - nor can it reasonably be my responsibility to check every address that's listed on my site to determine what, if any, illegal activities are taking place" all you want, and it might hold up in court. Or it might not, but it sure as hell seems like a reasonable defense to me.

      In before "copyright infringement is theft", moral majority outrage, "if you have nothing to hide", etc

      --
      "All these years believing you're the signified monkey, only to find out you're just a big hunk of nobody cares."
    14. Re:Does this mean TPB will still be working? by Mathinker · · Score: 3, Insightful

      > where people post advertisements on where to buy drugs.

      X% of which are for legal OTC drugs sold in drugstores and 100-X% of which are for illegal drugs. You're probably right that if X is small enough, the legal system will rule against the site. But if X is large enough, probably not.

      All this is academic in the case of TPB, because of the "in your face" way they reacted to takedown requests. Nothing will save them.

      However, a site which is polite, officially bars illegal torrents, but errs in favor of accuracy vs. efficiency about reacting to takedown requests could very well replace TPB in functionality while making it a lot harder for the courts to effectively deal with them.

    15. Re:Does this mean TPB will still be working? by DangerFace · · Score: 4, Interesting

      I personally wouldn't demonize TPB. While this kind of sharing isn't the nicest thing, if the companies who are being effected had been decent about their cost structure people wouldn't have resorted to this in the first place.

      To be honest, I'm starting to see the whole argument about filesharing redundant. If the cost structure was fairer I would most certainly spend more money on it. However, if I walked into a shop and bought everything I had downloaded over the last year, say, we end up with this:

      ~1 000 albums, at £15 each = £15 000 (assuming cheap albums balance out rare items - I know for a fact the market value of some of my Nina Simone stuff would be in the hundreds of pounds, but I'm choosing to assume that they are outliers and can be ignored)

      ~250 films, at £10 each = £2 500

      ~50 full seasons of TV shows, at £20 each = £1 000

      TV shows as and when they come out in their country of origin = a little over £1 000

      ~30 games, at £35 each = £1 050

      Adding up to a grand total of £19 550 ($32 851.38). So assuming I didn't have to pay rent or bills, buy food, or have any way of watching this stuff / listening to this music / playing these games, I'd still need a significantly increased household income. And I haven't really listened to / watched / played loads of that stuff, I just like being able to think "I want to watch x genre" and having it there, and when someone comes round and I discover they've never seen WarGames, come on, I need to be able to show them...

      The point being, I spend most of my disposable income on media of various sorts, but that doesn't mean I can afford everything I want - and if I can have it, why not? No one would be getting my money if I didn't 'steal' it, so the only person losing out would be me. The whole argument has been rendered redundant in my case by me not having a huge pile of cash to hand over in the first place. The RIAA/MPAA/whoever can take me to court for however many millions of dollars if they want - they'll get a lower percentage of my income awarded to them than I hand over voluntarily.

      tl;dr: my girlfriend gets annoyed at how much I spend on media, when I should pay bills, and I still pirate more than 95% of the stuff I own. Meh.

    16. Re:Does this mean TPB will still be working? by DarkDevil · · Score: 1

      It's more like permanently adding *.torrent to the search query of a much smaller google.

    17. Re:Does this mean TPB will still be working? by mea37 · · Score: 1

      Not sure I quite understand your last statement... I know of two meanings for "prohibition" that could be used to describe a law.

      One usage would involve the laws that were actually called prohibition - banning of liquor. I don't honestly see how that's applicable to copyright infringement; I've heard this meaning stretched to include current laws forbidding recreational drugs besides alcohol, but it seems to me that stretching it any further than that bleeds into the other meaning...

      The other meaning, of course, being 'a law that prohibits something', which can be shortened to 'a law' without any loss of meaning.

      If your argument is that any unpopular law cannot succeed, I first refer you to laws against speeding - yes, some people speed regardless, but then many don't; and even the speeders go slower when the limit is more restrictive. So perhaps it depends on how you define "succeed".

      Come to think of it, if the government were to decide that copyright infringement in the form of p2p music sharing were so common that it made sense to enforce it like a traffic infraction, things could get much uglier than they are today. But enough car analgies for now...

      My second observaton would be, as vocal as the anti-copyright community is, if you take a look at the population as a whole you'll find that copyright isn't all that unpopular.

    18. Re:Does this mean TPB will still be working? by Voyager529 · · Score: 3, Insightful
      There are several. First and most realistically, Google has a whole lot more money to spend in court than TPB does. Second, also from a completely practical standpoint, I'm sure that the number of judges/juries who have use Google are orders of magnitude above the number that have used Pirate Bay, so familiarity is on Google's side. Third, Google has complied with legal takedown notices, whereas Pirate Bay has basically said "go walk the plank". Google has shown good faith when asked to, while Pirate Bay has not. Fourth is a little common sense: Google indexes a huge amount of stuff online, and if there are pirated materials available online, then by nature, some will end up on Google. While Pirate Bay might also host game patches, linux distros, Creative Commons licensed artwork, and other legal materials, when their search cloud shows people searching for theatrical releases, Top 100 music, and Adobe Photoshop (i.e. stuff that's obviously copyrighted), it's going to be a rough day for the lawyer who's defending Pirate Bay. Finally, there was/is a community on TPB that helped "cleanse" "bad releases" and/or help highlight "good releases", while Google has no such community in place specifically for pirated material.

      To further the GP's example, no one is going to press charges on you because you have a phone book which happens to include a few drug dealers in it (it's a statistical inevitability). Any jury would laugh that out of court. On the other hand, if you've got a little black book which is largely filled with drug dealers, even if you also have some of your friends' numbers in there, if half the people in your black book get arrested, you're going to have a pretty lousy day in court if your only defense is "it's just a list of phone numbers, who doesn't have one of those?" - the DA's response will be "yes, I do. To get into MY phone book, you have to be a family member, close friend, or business contact. 96% of the people in your Rolodex are known drug dealers, Mister Anderson, and I've got a dozen witnesses saying that they got the numbers of everyone else we've arrested from you. How do you explain that?"

      I'm no fan of the RIAA by ANY means, nor am I entirely convinced that TPB deserves to be sued out of existence from a legal standpoint. I am saying that they are among the biggest public torrent trackers, made it no secret that they had warez/music/movies for download, and not only did they refuse to comply with the copyright holders, but they were very well known for replying to takedown notices with public replies that usually amounted to "go shove it". Outside of Google being the biggest search engine, they have very little in common.

    19. Re:Does this mean TPB will still be working? by Ostracus · · Score: 1

      Sure you can.
      The decentralized service doesn't have that central server weakness, so the best you can do is blast sacrificial individual users with law suits.

      Or implement throttling, and "three strikes, you're out".

      After that, it's a case of mass disobedience vs prohibition laws, because people are not going to stop sharing any time soon.

      To paraphrase what's written on a mirror,"Caution mass may appear larger than actual size".

      --
      Shai Schticks:"You don't make peace with friends, you make peace with enemies"
    20. Re:Does this mean TPB will still be working? by Anonymous Coward · · Score: 0

      But I always thought the aim of file sharing was to get the biggest collection of warez possible.

      The more difficult people make file sharing, the more fun this will become.

    21. Re:Does this mean TPB will still be working? by Anonymous Coward · · Score: 0

      My view on the whole Pirate bay thing is this: If I give you the address of a drug dealer, am I to be held responsible for your subsequent drug taking?

      .torrents are the equivalent of directions to an illicit place, like the address of a dealer or whorehouse..

      Did you know the person wanted drugs? Was that why you gave them the name of the person? It'd be one thing if somebody came to you, and asked "Hey, how do I get to 10th and Broadway from here" and another if somebody asked "Hey, where can I score some nice blow?" and the courts would recognize that.

      In the case of the Pirate Bay, well, take a look at their top 100. If you can find one torrent on there that's not a copyrighted product, I'll be amazed.

      They know, and they're responsible.

    22. Re:Does this mean TPB will still be working? by sexconker · · Score: 1

      No, the above was correct.
      You're going with the old bullshit that torrents are often used for legal purposes.

      That's a fucking joke.

      99.99% of torrents are for distributing copyrighted material illegally.

    23. Re:Does this mean TPB will still be working? by sexconker · · Score: 0, Troll

      That is a bald-faced lie.

    24. Re:Does this mean TPB will still be working? by mrogers · · Score: 1
      It's more like setting up a site called streetaddresses.com where people post addresses of many places.

      Well... it's more like setting up a site called drugdealerbay.org where people could, in theory, post addresses of many places, then pretending to be surprised when they only post addresses of drug dealers.

    25. Re:Does this mean TPB will still be working? by sopssa · · Score: 0

      It's more like setting up a site called drugdealers.com where people post advertisements on where to buy drugs. You can defend your "but the site is only giving address where to buy drugs, I'm not selling any!" all you want, but it wont hold up in court.

      Terrible metaphor. It's more like setting up a site called streetaddresses.com where people post addresses of many places.

      Did you forget that we're talking about The Pirate Bay here?

    26. Re:Does this mean TPB will still be working? by shutdown+-p+now · · Score: 2, Insightful

      The other point is that TPB was notified about specific people in their "little black book" being criminals, responded to that (indicating that they have received the notification, and understood it), and continued to aid them in their activities.

    27. Re:Does this mean TPB will still be working? by shutdown+-p+now · · Score: 0, Redundant

      The point being, I spend most of my disposable income on media of various sorts, but that doesn't mean I can afford everything I want - and if I can have it, why not? No one would be getting my money if I didn't 'steal' it, so the only person losing out would be me. The whole argument has been rendered redundant in my case by me not having a huge pile of cash to hand over in the first place.

      You may not have a large pile of cash, but you surely do have a small pile of cash. Do you buy anything that you watch/listen/read? Or do you apply your arguments to every item, and end up downloading everything, and buying nothing?

    28. Re:Does this mean TPB will still be working? by sperm · · Score: 1

      So, then should craigslist be closed down by the law for providing info on escort services?

    29. Re:Does this mean TPB will still be working? by shutdown+-p+now · · Score: 1

      Among other stuff, there is this thing called "common sense". Go to TPB and re-read their witty replies to takedown notices again. Now go convince the judge that TPB has absolutely nothing to do with any kind of copyright infringement, and had never knowingly aided anyone in committing it, with a straight face.

    30. Re:Does this mean TPB will still be working? by JWSmythe · · Score: 1

          Well, they already tried that. Now it's no longer "erotic" services, but "adult" services. :)

          The difference is the lost commerce that the various industries believe they have suffered. There is no industry suffering because of escorts. Well, I'm sure someone can make a case for some industry suffering, but there's always someone to bitch about something. It's not like prostitution is legal and licensed in most places. If it were, sure there would be hell to pay for the craigslist "adult" ads, since there would now be a financial impact on someone.

         

      --
      Serious? Seriousness is well above my pay grade.
    31. Re:Does this mean TPB will still be working? by Anonymous Coward · · Score: 0

      I *guarantee* that my city's phone book has the address AND phone numbers of quite a few illegal drug dealers
      So wouldn't the phone company (who distributes the phone book) be considered such a "centralized clearinghouse"?

    32. Re:Does this mean TPB will still be working? by Omestes · · Score: 1

      I doubt this, and [citation needed]. A lot of non-piracy based things are using torrent these days as a means for distributing patches, and downloading content. There is also Linux distros, and several sites that offer torrents old old movies in the public domain.

      Torrents are nothing more than a tool, and is completely legally and morally neutral. The USE of the tool is a case by case thing, and wholly dependent on how people use it, and thus culpability falls onto individuals, and not the tool itself. Torrent's, in themselves, are nothing more than a bandwidth effiecient way of moving data around, just like every other protocol on the Internet. People use FTP, HTTP, and Usenet to pirate data too, should there be demonized just like torrents?

      By all means, go after individual violators, but leave the tool alone.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    33. Re:Does this mean TPB will still be working? by Wonko+the+Sane · · Score: 1

      If it were, sure there would be hell to pay for the craigslist "adult" ads, since there would now be a financial impact on someone.

      Actually there is an impact now because local law enforcement officians are seeing that Craigslist is cutting into their bribe revenue.

    34. Re:Does this mean TPB will still be working? by pfleming · · Score: 1

      He stated that he "pirated" 95% ergo he purchases 5% of what he has. Even if he didn't "pirate" the 95% he would purchase the same amount as now.

    35. Re:Does this mean TPB will still be working? by erroneus · · Score: 1

      Eventually, there will be LOTS of PirateBays just as there are lots of mirrors of other sites on the net. And before you know it, "The Pirate Bay" will simply become another thing on the net like DNS.

    36. Re:Does this mean TPB will still be working? by Joe+Random · · Score: 1

      The point being, I spend most of my disposable income on media of various sorts, but that doesn't mean I can afford everything I want

      To play Devil's Advocate: Why do you think you deserve everything you want?

      and if I can have it, why not? No one would be getting my money if I didn't 'steal' it, so the only person losing out would be me.

      Except that you already stated that you "spend most of [your] disposable income on media of various sorts." Perhaps at some point you were presented with two options, and could only afford one of them. Further, perhaps one was easy to pirate, and the other was not. This is not unexpected if you're comparing a single-player vs. multi-player game, for instance (or a console vs. a PC game). Now, without the ability to pirate one of them, perhaps you'd get the single-player (or PC) game because you like it more. But when you add in the ability to pirate, you might instead buy the multi-player (or console) game, and pirate the single-player (PC) game.

      Or we could compare types of media. Maybe you're more scared of the RIAA than of various game companies, so you pirate all your games, and buy all your music, even though you'd buy a sampling of each were piracy not an option.

      Thus, even though having the ability to pirate media doesn't cause you to spend less money, it can affect where you spend your money. It adds artificial pressures to the market, and skews sales figures, based on what is easiest or least risky to pirate.

    37. Re:Does this mean TPB will still be working? by Chosen+Reject · · Score: 2
      Was the quote from the GP you included in your post there because you didn't understand what it said? If so, I'll help you answer your question. The GP said (and you quoted this):

      I spend most of my disposable income on media of various sorts

      "My disposable income" can be termed a pile of cash. From this we know that he has a pile of cash, though admittedly it is unclear if it is a large or small pile. However, we can ascertain that it is at least a small pile.

      "Media of various sorts" can be described as anything that you watch/listen/read.

      Replacing the GP's terminology with your own (hopefully you understand your own terminology) we get:

      I spend most of my pile of cash on anything that you watch/listen/read.

      "Spend" in this case is used to indicate that the GP is buying something with his "pile of cash", specifically, he is buying "anything that you watch/listen/read". So we can further translate the GP as follows:

      I buy [with] my pile of cash anything that you watch/listen/read

      We can see that there are still some words not yet replaced. However, it is out of my power to further translate. Perhaps your question will never be answered.

      --
      Stop Global Warming!
      Just say no to irreversible processes!
    38. Re:Does this mean TPB will still be working? by camg188 · · Score: 1

      Torrents are nothing more than a tool, and is completely legally and morally neutral.

      True, but unfortunately, that doesn't stop governments from passing legislation to control or ban it.

    39. Re:Does this mean TPB will still be working? by Pojut · · Score: 1

      Agreed. Hell, even Blizzard uses torrents to distribute patches for World of Warcraft. Torrents also aid in helping out during new linux releases, as well as being utilized by independent filmmakers and (such as myself) independent musicians.

      I also agree with their use as a tool. A MIG welder is a fantastic tool for fixing things...but without any modification, it can be used to inflict horrific injuries.

      Whether your choose to be constructive or destructive with that MIG welder is your choice, not the choice of the guy who gave it to you.

    40. Re:Does this mean TPB will still be working? by Anonymous Coward · · Score: 0

      Like Craigslist.
      I've seen plenty of illegal deals set up there. Prostitution, drugs and stolen goods.

    41. Re:Does this mean TPB will still be working? by drtsystems · · Score: 1

      Yea, but when ubuntu comes out with a new release, they host the torrent on their own site. They don't say head over to the PIRATE bay for the latest distro. Hell, thepiratebay has pirate in their own name. Its a lot more like the drugdealers.com analogy than the addressbook.com analogy. Sure, some of the drug dealers on drugdealers.com are selling legal drugs like caffeine or alcohol.

    42. Re:Does this mean TPB will still be working? by Spykk · · Score: 1

      While Pirate Bay might also host game patches, linux distros, Creative Commons licensed artwork, and other legal materials, when their search cloud shows people searching for theatrical releases, Top 100 music, and Adobe Photoshop (i.e. stuff that's obviously copyrighted), it's going to be a rough day for the lawyer who's defending Pirate Bay.

      Try typing filetype:torrent into google and see what pops up in the autocomplete box...

    43. Re:Does this mean TPB will still be working? by Pojut · · Score: 1

      That's my point...they are using a torrent to distribute legal to download software. Don't get me wrong, I'm not saying the majority of torrents out there are used for legal purposes; I know that most torrents are for copyrighted software and movies, etc. However, the protocol is used for legal purposes if people choose to do so, and it works quite well. Again, Blizzard officially distributing patches for WoW through a torrent in an effort to reduce server and bandwith costs/bottlenecks is a perfect example of this. As others have said, Pirate Bay is nothing more than a martyr.

    44. Re:Does this mean TPB will still be working? by Schadrach · · Score: 1

      So, if they'd called themselves "thetorrentbay" and not used the pirate ship logo, and not publicly told companies giving them take-down notices according to laws that don't apply in their country to shove off for more or less exactly that reason, then everything would be fine?

    45. Re:Does this mean TPB will still be working? by sorak · · Score: 1

      All this is academic in the case of TPB, because of the "in your face" way they reacted to takedown requests. Nothing will save them.

      It is unfortunate, then, that TPB will be setting the precedent for every other site.

    46. Re:Does this mean TPB will still be working? by sexconker · · Score: 1

      Linux distros don't count for shit in terms of traffic %.

      Same goes for WoW patches (which use their own client and could at any point be or not be a torrent without you knowing it).

      Nuclear bombs are nothing more than a tool.
      And completely legal and morally neutral.
      The USE of the tool is a case by case thing, blah blah blah.

      Torrents are for mass distribution of digital files. They happen to be used for piracy 99.99% of the time. Anyone who has seen the traffic flow through an ISP hub can tell you that's a very conservative estimate.

      But hurr durr [citation needed]!
      It's like a 5 year old saying "oh yeah? prove it!" when you tell them to brush their damned teeth or they'll get cavities.

    47. Re:Does this mean TPB will still be working? by Splab · · Score: 2

      For me it isn't about the money, we pay quite a lot more for content here in Denmark (music is £18-20, rest is about twice what you guys pay). The reason why I pirate stuff is due to the fact that I get a better product by downloading rather than buying.

      If IP sales where market driven they would remove all those fucking nag screens (FBI warning? wtf?) , they would drop the price to something more affordable, they would start distributing the stuff worldwide faster - yesterday I grabbed top gear, today I watched heroes, bot of which wont be on TV around here for another year, top gear wont even be avalable to me legally since the channel who has the rights to show it don't want to do business with my TV provider.

      What the IP companies have been doing is insisting on making extreme amounts of money on content in a cash strapped environment, and when their business plans fail, the cry foul rather than adapt, well bu-fucking-wooo...

    48. Re:Does this mean TPB will still be working? by Pojut · · Score: 1

      Again, I if you read my post instead of typing up knee-jerk reactions, you would see that I acknowledged the majority of torrents are used for illegally downloading/distributing software...but again, that is how an individual chooses to use a tool. Using your atomic bomb analogy, the science behind an atomic bomb was originally designed to create cheap, abundant energy. Like most things, it was twisted once it got into the wrong hands.

      Saying that the Pirate Bay is wrong is one thing...but so far, people have been acting like the torrent protocol itself is the problem. Torrents are fine. It's the douche bags who use it to illegally distribute files you should be mad at.

    49. Re:Does this mean TPB will still be working? by Pojut · · Score: 1

      So, if they'd called themselves "thetorrentbay" and not used the pirate ship logo, and not publicly told companies giving them take-down notices according to laws that don't apply in their country to shove off for more or less exactly that reason, then everything would be fine?

      Sorry to sound uncaring, but technically they are right...often times takedown notices DON'T apply to them due to the country they happen to be operating in. A technicality, nothing more. I and everyone else in the world know full well the purpose of Pirate Bay...but still, shutting them down is a bad idea.

      Did you listen to the third Penny Arcade DnD podcast? In it, they face a dwarf riding around on a boar. They consider knocking him off a boar, but then realize that having them seperated would be worse than leaving them intact, since they could then flank and gain combat advantage.

      Destroy the Pirate Bay, and the same thing will happen as when Suprnova was taken down. It will shatter into a million little splinters, only causing "pirates" to take up their cause with renewed vigor. I'm not saying what they are doing is right, but it is an entirely futile effort.

      Honestly, content providers and people that work for them are better off ignoring the problem. Every time they make a high profile move, it just gives Pirate Bay and places like them free publicity...chances are, they create more problems than they solve with things like this.

      Just my opinion.

    50. Re:Does this mean TPB will still be working? by QJimbo · · Score: 1

      they were very well known for replying to takedown notices with public replies that usually amounted to "go shove it".

      Yes, because they don't host any content to take down. Most of the replies are poking fun at the companies for being dumb enough to think the content itself is actually on TPB's servers, and their failure to understand bittorrent.

    51. Re:Does this mean TPB will still be working? by Ash+Vince · · Score: 1

      Third, Google has complied with legal takedown notices, whereas Pirate Bay has basically said "go walk the plank". Google has shown good faith when asked to, while Pirate Bay has not.

      Please remember that the DMCA does not currently exist in Sweden. The legal take down notices you refer to are not actually legally binding take down notices like in the US.

      They are instead whiney letters sent by lawyers. The only reason the send them is in the hope they scare you into obeying. The only thing they proof is that you were informed what you were doing may have been illegal so may be referred to in the result that what you were doing was actually held to be illegal in future.

      However this is of very little merit nowadays as most lawyers will quite happily send them even if they are bald faced lie since they face no punishment for doing so.

      If some lawyer sent me a letter saying not to do some thing I enjoyed, I might be damn tempted to challenge in court as is my right. Even if I knew I would lose this is still my right. Copyright is a civil matter if enforced by a private lawyer so it is also my right to carry on what I was doing until a court ordered me not to. Then they can fine the crap out of me for willfully carrying on with my actions.

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    52. Re:Does this mean TPB will still be working? by Anonymous Coward · · Score: 0

      Let's instead shift the emphasis to where it should be: the music industry. They are the pushers here.

    53. Re:Does this mean TPB will still be working? by sexconker · · Score: 1

      The scientists working on splitting the atom knew full well what it was for. It was the desire to blow shit up that spurred, funded, and guided their research. They contributed, fully aware of the consequences, because they felt the positive usefulness would outweigh the negative.

      And I never attacked torrents.
      I said 99.99% of torrents are for piracy. And it's true.

      Here in society we regulate and track the use of items that are often used for bad purposes, while still allowing for their use for good purposes.

      Shutting down the pirate bay is one (very minor, ineffective) way of regulating the use of torrents.

    54. Re:Does this mean TPB will still be working? by icebraining · · Score: 1

      Why do you think you deserve the air you breed? Why do you think you deserved to be taught how to read? Why do you think you deserve not get killed?

      "Deserves" are just intentions, what matters is the effects. If a guy saves a kid from drowning just because he knows he'll get to appear in the TV, was saving the kid actually "wrong"?

      As for skewing the sales figures, that's an actual effect, and it can be discussed. In my case, since I copy stuff from the 'nets, I buy stuff I know it's good, because I've tried it before. I've downloaded Call of Duty 1. And then I bought it, because I thought that from the money I could give, it was the company which deserved it more.
      So in reality, I'm skewing the market towards better stuff (at least, in my opinion). Is that really bad?

    55. Re:Does this mean TPB will still be working? by Anonymous Coward · · Score: 0

      Yes, but people don't just pirate stuff because of retail costs. Some pirate old stuff that's no longer in print (old books) or otherwise available, except via inflated "collector" prices or such. In many cases the original author or artist is long since dead, but a corporation is just sitting on the IP. Works are supposed to enter the public domain after a reasonable period, in order to allow others to build upon them (as the original authors did, since nothing is ever produced in a vacuum) for the ultimate benefit of society. Originally the period was 14 years long, extensible once to 28 years total. In the USA, it lasts until 95 years after the artist's death, and I'm sure Disney & Co. will do their very best to increase that whenever they get an opportunity (as they have done many times in the past).

    56. Re:Does this mean TPB will still be working? by Omestes · · Score: 1

      But hurr durr [citation needed]!
      It's like a 5 year old saying "oh yeah? prove it!" when you tell them to brush their damned teeth or they'll get cavities.

      Actually, it was more like a reasonable response from just about anyone when confronted by someone trying to make an argument support with statistics that they pulled from their ass. I'm guessing that a majority of torrents are copyright violations, but I'm not going to state that anything around 99.99% of torrents are. I'm not going to stick a number on this, and I'm not going to state it like a fact, since that would also fall under the sin of talking out of my ass and trying to pass it on as gospel.

      We don't actually know the full extent of piracy, nor do we know what the actual ratio of copyrighted material vs. legitimate material is at TPB. This debate is also enriched a bit by adding the caveat "illegal by whose laws".

      Nuclear bombs are nothing more than a tool.
      And completely legal and morally neutral.
      The USE of the tool is a case by case thing, blah blah blah.

      Actually, nuclear technology is a tool, and morally ambivalent. If you make a bomb from it then you might be falling into the "bad" use area (though one could argue that the scientists in the Manhattan Project were building it for the right reason, to combat Hitler), where using it for power is a morally "good" use. In a WWII scenario we can see the creation of the bomb as another morally neutral argument, it was originally going to be used to combat Hitler (before he could develop like), which in the eyes of most of those involved was a "good" use. Later when Hitler was defeated, a lot of the scientists objected it to being used on Japan, on a civilian target. Obviously the bomb was a bad thing in the Cold War, though many argue that nuclear weapons were a deterrent for actual violence, and thus a good thing at best, and a regretfully necissary gray thing at worst.

      There is a lot of nuance out there.

      Lets say that piracy is a bad thing, and torrents facilitate piracy. Lets also say, now, that the content industry finally joined the 21st century and decided to use torrents to distribute content, would torrents still be bad?

      Though personally I don't care about piracy anyone. I'm completely in favor of piracy. I don't even bother to have a weak moral justification. Companies are out to screw me, so I have no problem with screwing them.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    57. Re:Does this mean TPB will still be working? by Anonymous Coward · · Score: 0

      Nuclear power plants can be used to power many things - baby killing factories to kitten cuteifiers.

      Nuclear power plants are a tool.
      Nuclear bombs are a tool.

      Both morally neutral.

      And yes you CAN check the ratio of copyright violations on TPB. Just grab the torrent of TPB itself and dig through it.

    58. Re:Does this mean TPB will still be working? by ErikInterlude · · Score: 1

      The point being, I spend most of my disposable income on media of various sorts, but that doesn't mean I can afford everything I want - and if I can have it, why not? No one would be getting my money if I didn't 'steal' it, so the only person losing out would be me. The whole argument has been rendered redundant in my case by me not having a huge pile of cash to hand over in the first place. The RIAA/MPAA/whoever can take me to court for however many millions of dollars if they want - they'll get a lower percentage of my income awarded to them than I hand over voluntarily.

      From a practical, pragmatic standpoint your argument makes sense. The ultimate issue, however is moral and ethical one. The argument here is that although you can pirate the media, you shouldn't because you don't have a claim to it as agreed upon by yourself and the other party (the RIAA, MPAA, artist or equivalent in this case).

      The fact that the RIAA/MPAA/etc engage in abusive tactics is irrelevant in this argument, although many try to make it seem that way. It's essentially "two wrongs don't make a right". The actual idea is that you could pirate, but you shouldn't (or don't) because you have a certain moral or ethical standard about how to behave with regards to society as a whole. Assuming others follow your lead, then you will have culture where it's considered appropriate to deny one's immediate personal desires to ensure that everyone has an opportunity to benefit over the long term. The opposite of this would more or less be to engage in satisfying one's immediate desires regardless of the ultimate effect that this has on society in general. Assuming others follow your lead, then you will have a culture that is not interested in a stable whole so long as one's individual desires are accounted for.

      Note that I haven't stated that one way is better or worse than the other. Society goes where it wants, and I think it's useless to apply such values as good or bad. You have to acknowledge the change that's taking place and either figure out how to turn it to your benefit, slow it down, or stop it. It's important to note, however, that this is the real crux of the "pirate/don't pirate" debate. At least, as far as I can tell. From a practical standpoint, there's really no useful argument against piracy. People have surprising moral flexibility, and if you can live with it and get away with it, then you will do it. And, since people (especially on Slashdot) will always find a way to get away with it, the question is, should you be able to live with it? If you believe in the "benefit society" argument, the answer is no, and if you believe in the "benefit myself" argument, the answer is yes. That's all. Any debate beyond that is justification and useless proselytizing. It really comes down to what you think is the most appropriate way to behave as outlined above.

      I'm sure there are more nuances to consider here, but I think that's the crux of it.

      --

      --Erik
    59. Re:Does this mean TPB will still be working? by WillDraven · · Score: 1

      To further the GP's example, no one is going to press charges on you because you have a phone book which happens to include a few drug dealers in it (it's a statistical inevitability). Any jury would laugh that out of court. On the other hand, if you've got a little black book which is largely filled with drug dealers, even if you also have some of your friends' numbers in there, if half the people in your black book get arrested, you're going to have a pretty lousy day in court if your only defense is "it's just a list of phone numbers, who doesn't have one of those?" - the DA's response will be "yes, I do. To get into MY phone book, you have to be a family member, close friend, or business contact. 96% of the people in your Rolodex are known drug dealers, Mister Anderson, and I've got a dozen witnesses saying that they got the numbers of everyone else we've arrested from you. How do you explain that?"

      What exactly would they be charging you with? The only thing I can think of is that if the drug dealers were paying you for every referral you could be charged with 'conspiracy to traffic narcotics' or something like that. Otherwise I don't believe this is illegal...

      Personally I would be more worried about pissed off drug dealers who are now on the cops radar because you published their phone number than being charged with anything. I think the cops might even thank you for making their job easier...

      --
      This is my sig. There are many like it but this one is mine.
    60. Re:Does this mean TPB will still be working? by WillDraven · · Score: 1

      In their defense I mostly ignore the headers of a post including who is posting unless the comment is so outrageously amazing/stupid that I feel the need to friend/foe them.

      --
      This is my sig. There are many like it but this one is mine.
    61. Re:Does this mean TPB will still be working? by Omestes · · Score: 1

      Nuclear power plants are a tool.
      Nuclear bombs are a tool.

      Both morally neutral.

      Which was my point.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    62. Re:Does this mean TPB will still be working? by Anonymous Coward · · Score: 0

      So you have a dealer number dude? when you se him can you buy me $50 of mari? thx a lot dude.

    63. Re:Does this mean TPB will still be working? by Anonymous Coward · · Score: 0

      The Pirate Bay is and how they handled to all the DMCA requests (even if theres no such law in sweden, but common sense works long way), judges are going to see whats going on and punish for it. You cannot get around that with technical reasonings like "but we dont host the files, we just provide .torrent files".

      When you cannot get around it with technical reasons like "no such law in this country", there really isn't much left of what we used to call a civilized society.

      I used to read tpb.org/legal (before it got censored around here (Denmark)), and of all the letters and responses, I didn't find A SINGLE ONE mentioning what Swedish law the torrent was against. From what I've read about the court case (only from the news, not an actual transcript), no laws were mentioned either. The judge was apparently using the same reasoning as you, that because they replied to letters about foreign laws like the DMCA with something like "check your geography, moron, Sweden isn't part of the USA yet", that was proof of intent to break Swedish law, and that again is enough for a conviction, no actual law needed. Unsurprisingly to most, the judge was later discovered to be a member of a more-copyright organization.

      Sure, they weren't exactly nice to people, at least not in the 2nd, 3rd, 4th and so on reply to the same people, but again - if that's enough to convict someone, forget about civilized society.

    64. Re:Does this mean TPB will still be working? by Anonymous Coward · · Score: 0

      hird, Google has complied with legal takedown notices, whereas Pirate Bay has basically said "go walk the plank".

      "Third, Google HQ is in the USA, and thus falls under US law."

      That's basically your argument.

      How do you think Google would react to a letter from a Saudi lawyer sending letters that Google is breaking Saudi law by having female employees?

      Perhaps they would ignore it, like TPB ignored letters from US lawyers sending letters that TPB was (and is) breaking US law?

      Like TPB, I - and everyone else - break laws of other countries all the time. Some of what I write (on the internet, just as global as TPB) is likely to be against the law in at least one of Saudi Arabia, Iran or China. Other things I do I am sure are against other laws in other countries.

  4. Those guys are playing it dangerous! Hashtable? by NoYob · · Score: 5, Funny

    First "Pirate Bay" and torrents and now Hash?!? What next, cocaine?!

    --
    It's NOT me! It's the meds! I'm on 1000mg of Fukitol.
    1. Re:Those guys are playing it dangerous! Hashtable? by Anonymous Coward · · Score: 0

      Ever heard of Eric Clapton?

    2. Re:Those guys are playing it dangerous! Hashtable? by Anonymous Coward · · Score: 1, Funny

      Sounds interesting. Is there someplace I could download his music?

    3. Re:Those guys are playing it dangerous! Hashtable? by commodore64_love · · Score: 1

      In a truly free society you can do whatever drugs you want (at home where you can't harm others). You can even kill yourself if that's what you desire.

      But we do not live in a free society.
      We live in a Serf-Master society

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    4. Re:Those guys are playing it dangerous! Hashtable? by Anonymous Coward · · Score: 0
    5. Re:Those guys are playing it dangerous! Hashtable? by Anonymous Coward · · Score: 0

      Yeah, getting cocaine is pretty close to a peer-to-peer transaction...

    6. Re:Those guys are playing it dangerous! Hashtable? by unwastaken · · Score: 1

      First "Pirate Bay" and torrents and now Hash?!? What next, cocaine?!

      You wouldn't believe the the file sharing benefits of coketables! The only reason they haven't really taken off yet is that many users don't want to overclock their hardware when they share.

  5. Still guilty by Rosco+P.+Coltrane · · Score: 5, Insightful

    So they go from hosting a tracker to hosting a bootstrap node that gives clients access to the DHT swarm? In short, in the eyes of the law (and probably of the general public), they're still facilitating the illegal distribution of copyrighted material. At the very least, they look guilty as hell, because they seem to do try their hardest to stick it up to da man.

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    1. Re:Still guilty by Anonymous Coward · · Score: 0

      Should take them a little bit to wrap their whee law abiding heads around the hash table bit though.

    2. Re:Still guilty by thisnamestoolong · · Score: 4, Interesting

      Hold on there, hoss. It's not that simple -- if we were to define our terms that simply, then ski mask manufacturers would be facilitating the illegal procurement of liquor store cash register contents. The law needs to operate on very black and white terms, and things like the Pirate Bay are operating in very new, and very gray, legal territory. I am nowhere near enough of an expert to comment on how this will specifically affect the legal standing of the Pirate Bay, but I will say that such sites operate on a knife edge of legality -- and any case the legal system can possibly raise against them will depend on an extremely specific set of conditions. If not, Google would be every bit as guilty as the Pirate Bay (as would every single ISP on the planet). What this means is that if the Pirate Bay sufficiently distances itself from the actual illegal activity, then there is no way they can be legitimately prosecuted. We saw the same thing happen with Kazaa (where the industry types decided to go after individual users instead).

      --
      To the haters: You can't win. If you mod me down, I shall become more powerful than you could possibly imagine
    3. Re:Still guilty by hitnrunrambler · · Score: 3, Insightful

      Still guilty (Score:2)

      by Rosco P. Coltrane (209368) on Tuesday November 17, @09:01AM (#30128264)

      So they go from hosting a tracker to hosting a bootstrap node that gives clients access to the DHT swarm? In short, in the eyes of the law (and probably of the general public), they're still facilitating the illegal distribution of copyrighted material. At the very least, they look guilty as hell, because they seem to do try their hardest to stick it up to da man.

      Don't you mean:
      "Boss, I know them Duke Boy Pirates is guilty! They've gone from bootlegging trackers to bootlegging bootstraps. In the eyes of the law (and flash) they are facily-tatin' the illegal distribution of moonshine. At the very least, they look guilty as hell, with them outlaw haircuts and that fancy car."

    4. Re:Still guilty by Rosco+P.+Coltrane · · Score: 1

      It's not a matter of legality, it's a matter of public perception. TPB is looking like they're slapped on the wrist for doing something, and their response is "okay, we'll do that instead. Catch us now!". There's no better posture to adopt to attract the ire of the law, which, incidentally, does seem to operate on black and white more often than not...

      --
      "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    5. Re:Still guilty by sopssa · · Score: 0

      Except that the law does NOT need to operate on black and white terms, at least not in Scandinavia, and doesn't even do so. Court takes into account your purpose too, and its pretty clear what The Pirate Bay's is. They probably wish now that they would had chosen a better name than a Pirate with it, didn't make it so clear that TPB is 99% for copyrighted materials and piss back on copyright owners when they wanted their content removed. THEN we would have a harder case, but now its perfectly clear.

    6. Re:Still guilty by purpledinoz · · Score: 5, Insightful

      Then aren't ALL ISPs also facilitating copyright infringement? Isn't Cisco providing the network technology for copyright infringement? Isn't Intel providing the ability for consumers to download illegal material from the Internet? Isn't AMAT, a semiconductor tool manufacturer, guilty of providing Intel with the tools to make microchips for copyright infringement?

    7. Re:Still guilty by BarMonger · · Score: 3, Informative

      ..at least not in Scandinavia..

      What do you mean by that? You are aware that "Scandinavia" is actually three different countries with three different sets of laws, right?
      Here in Denmark we do not have the same laws as the Swedes do. And since Norway isn't even a member of the EU, some parts of Danish and Swedish law is very different than Norwegian law.

    8. Re:Still guilty by Xest · · Score: 5, Informative

      The real problem is that under standard interpretation of Swedish law they weren't in breach of the law in the first place. The only reason they have been found guilty is because of a corrupt judge who made up a false interpretation of the law to suit his goals and to find them guilty.

      So on one hand this view that they're in breach of the law is incorrect as it falsely assues judges are infallible, which of course we know full well they are not, but similarly I don't think this will be much help because as the creative industries got away with installing their own judge once and ensuring his position and stance was upheld (even though he did not follow Swedish law as it is written) and so realistically they'll just be able to do it again.

      Effectively, for the TPB guys the law doesn't matter, because whether they stay within it or not a corrupt court system is allowing them to be found guilty regardless. If anything I'd say that they have done this because it's possibly harder to shut down and perhaps easier to move around than a full blown tracker. I don't really blame them for just playing a game of cat and mouse instead, if their own country has failed them in initially allowing an unwarranted police raid due to foreign pressure, then not giving them a fair trial by allowing a judge with a blatant conflict of interest to preside of their trial, and then protect the judge when they follow the proper process for handling such conflict of interest- again, all because of pressure from foreign corporate interests, then I think it's perfectly justified for them to shun the law.

      I'm sure they're also perfectly aware of the consequences, some call this stupid, but then, that's the difference between people willing to risk their freedom for something they believe in and people who just whinge about things on sites like Slashdot I suppose.

    9. Re:Still guilty by Anonymous Coward · · Score: 0

      the irony of your opinion is that its validity is hinged entirely on how stupid you are.

      You are saying that the purpose of the Pirate Bay is ambiguous, thus they can't be charged. And that's only true if you are stupid, given that the founders have been quite public regarding their intentions to promote piracy.

    10. Re:Still guilty by sopssa · · Score: 0, Redundant

      They would be if they we're actively promoting it like The Pirate Bay, or something like setting up a DC++ hub called "All The Warez You Need". In that case they wouldn't be just a common carrier anymore, they would actively promote copyright infringement like The Pirate Bay clearly does.

    11. Re:Still guilty by sopssa · · Score: 0

      But the court systems and basis of laws are still pretty much the same, with some differences of course.

    12. Re:Still guilty by Brandonski · · Score: 1

      >...then ski mask manufacturers would be facilitating the illegal procurement of liquor store cash register contents.

      Clearly, this is the case.

    13. Re:Still guilty by Cyner · · Score: 3, Insightful

      Didn't the US Government directly fund the development of the global file sharing network?

      --
      FreeBSD.org - The power to serve
    14. Re:Still guilty by thisnamestoolong · · Score: 1

      The publicly stated intentions of the owners are entirely MEANINGLESS if it cannot be shown that they violated the law. I am not well versed enough in Swedish law/the underlying mechanics of TPB to be able to determine whether or not they have violated the law, they very well may have. All I am saying is that it is nowhere near as simple as many here make it out to be, and the fact that the site has the word Pirate in the name, while not helpful, is certainly not enough to convict them on.

      --
      To the haters: You can't win. If you mod me down, I shall become more powerful than you could possibly imagine
    15. Re:Still guilty by L4t3r4lu5 · · Score: 4, Insightful

      It's unfortunate that the quote I want to make right now ("The tree of Liberty...") comes from a founder of the very country which put such pressure on the Swedish government.

      I suppose the great always have further to fall.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    16. Re:Still guilty by jc42 · · Score: 1

      They would be if they we're actively promoting it like The Pirate Bay, or something like setting up a DC++ hub called "All The Warez You Need".

      Well, now; it seems to me that I've heard or seen lots and lots of ads from ISPs touting their "blindingly fast download" speeds. We all know what they're talking about here. They're not targeting geeks wanting the latest linux ISOs, y'know. Maybe they don't use words like "copyright" or "infringement", but it's fairly obvious what they're getting at.

      Isn't it funny that the ISPs don't get prosecuted for such blatantly obvious enticement?

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    17. Re:Still guilty by AlamedaStone · · Score: 2, Insightful

      It's not a matter of legality, it's a matter of public perception. TPB is looking like they're slapped on the wrist for doing something, and their response is "okay, we'll do that instead. Catch us now!". There's no better posture to adopt to attract the ire of the law, which, incidentally, does seem to operate on black and white more often than not...

      It sounds like you may be confusing a court of law with the court of public opinion. If TPB is told they're doing something illegal, and their response is, "okay, we'll do that instead. Is it illegal now?", they may well attract the ire of individuals - but if they're obeying the letter of the law they won't be (legally) penalized.

      In fact, if they are following the law and they get guilty verdicts anyway, it is a huge win for them - they are illustrating inherent injustice and justifying their value to the public.

      (IMO, YMMV, IANAL, WWBBD, etc)

      --
      "All these years believing you're the signified monkey, only to find out you're just a big hunk of nobody cares."
    18. Re:Still guilty by blizz017 · · Score: 1

      But the court systems and basis of laws are still pretty much the same, with some differences of course.

      Could you have any more broad of an argument? That's like saying US Law and British Law are mostly the same because they happen to have a common historical background.

    19. Re:Still guilty by denis-The-menace · · Score: 1

      "If it hurt someone but it's not legal, it ok"

      Sound like the same arguments that those robber barons use to screw over talent when they get them to sign a contract that benefits only the robber barons.

      --
      Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
    20. Re:Still guilty by AlamedaStone · · Score: 2, Insightful

      In the eyes of the law (and flash) they are facily-tatin' the illegal distribution of moonshine. At the very least, they look guilty as hell, with them outlaw haircuts and that fancy car."

      I agree with this. I think that if they look guilty, and have a name that makes them sound guilty, they should be treated as though they were guilty of breaking the law.

      Details like, "are they actually guilty" then become totally irrelevant! They are being treated as though they were guilty, so they must be!

      Besides, they have "pirate" right in their name! Just like those IP thieves over at Puzzle Pirates, or those hired goons in Pittsburg.

      --
      "All these years believing you're the signified monkey, only to find out you're just a big hunk of nobody cares."
    21. Re:Still guilty by denis-The-menace · · Score: 1

      BTW, I meant to write:
      "If it hurt someone but it's not ILlegal, it's ok"

      Sound like the same arguments that those robber barons use to screw over talent when they get them to sign a contract that benefits only the robber barons.

      IMO: ./'s Preview system suck's Donkey's balls

      --
      Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
    22. Re:Still guilty by interval1066 · · Score: 1

      Anyone who is watching tpb saga and rubbing their hands in glee thinking "Those pesky file sharers are on the run now!" need to have their heads examined. Shut tpb down completely. Won't change a thing.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    23. Re:Still guilty by kirillian · · Score: 1

      The irony of your opinion is that it is misinformed in the firstplace (or ignorant - but I'm giving you the benefit of the doubt). They have stated multiple times that their intentions are not to support piracy, but to support the free exchange and sharing of information. Piracy is the name given them by those foreign corporate interests.

    24. Re:Still guilty by Anonymous Coward · · Score: 0

      Thank god the Saudi courts don't convict me of committing Saudi crimes in Europe and sentence me to be executed. I still have to fear the evil Americans though, they are heartless conquerors spreading their forced "democratic" rule over the whole world.

    25. Re:Still guilty by gravis777 · · Score: 1

      However, didn't recently TPB move outside of the EU? Most of the people running the site are also outside of the EU. I think the only one still living in Sweeden is Pete Brokeup (so I can't spell and am too lazy to look it up), and his twitter post gave the impression that he was just as surprised about this as anyone else, which says to me that he is no longer involved with the site.

    26. Re:Still guilty by BarMonger · · Score: 1

      still pretty much the same, with some differences of course.

      What? Is that your argument?
      That they are similar but different?

      How is that different than any other legal system in the world? They are all similar but different, that's the whole basis of law.

    27. Re:Still guilty by Requiem18th · · Score: 1

      Except that the law does NOT need to operate on black and white terms, at least not in Scandinavia

      Indeed TPB case proves the Scandinavian law can operate on green.

      --
      But... the future refused to change.
    28. Re:Still guilty by Anonymous Coward · · Score: 0

      If you repeat a lie often enough, will it become truth?

    29. Re:Still guilty by blitzkrieg3 · · Score: 1

      This is exactly what I was thinking. How does this help them in court? They're still hosting a web site that allows a lookup of copyrighted material and then gives you a set of instructions on how to obtain that material.

      What does it matter if those instructions come in the form of a torrent/tracker or a magnet uri/PEX? How much different is tracker.piratebay.com from router.piratebay.com? Practically speaking they're still doing the same thing. And they're still hosting torrents, so wouldn't that leave an avenue available for the prosecution?

    30. Re:Still guilty by scribblej · · Score: 1

      I don't see it as any newer or grayer than the guy who stands on the street corner and doesn't have any drugs to sell you, but he will tell you exactly where to go and who to talk to to buy some.

    31. Re:Still guilty by harmonise · · Score: 1

      So they go from hosting a tracker to hosting a bootstrap node that gives clients access to the DHT swarm?

      No. The bootstrapping node is hosted by the BitTorrent client manufacturer. You'd know that if you had RTFA since it describes how it works for both mainline and Azureus as examples.

      --
      Cory Doctorow talking about cloud computing makes as much sense as George W Bush talking about electrical engineering.
    32. Re:Still guilty by Sancho · · Score: 2, Informative

      It seems unlikely that Jefferson was referring to the ability to facilitate massive amounts of lawbreakers in his comment.

      I mean, the forefathers put copyright into the Constitution for a reason.

    33. Re:Still guilty by shutdown+-p+now · · Score: 3, Insightful

      The real problem is that under standard interpretation of Swedish law they weren't in breach of the law in the first place.

      How do you know? Because they've told you so? Are you a Swedish lawyer qualified to judge that they were in the right, and the judge in their case ruled wrongly? (personally, I do not consider myself qualified for that; any arguments that I may advance on this are purely my own views)

    34. Re:Still guilty by mister_playboy · · Score: 1

      I mean, the forefathers put copyright into the Constitution for a reason.

      Times have changed a bit since then... how much did the founders know about digital technology?

      --
      Do what thou wilt shall be the whole of the Law ::: Love is the law, love under will
    35. Re:Still guilty by Guspaz · · Score: 1

      While I can't see what TPB is claiming since I can't access their blog post, DHT bootstrapping is performed by the developer of the client itself (different clients use different bootstrap hosts). So TPB has no connection to the bootstrapping.

      What they are still doing is providing the torrent files required to find the content in the DHT swarm. Even that can be replaced with magnet links (essentially, the client asks the swarm to provide the torrent file), although then you're still providing a hash that can be used to find the content in the swarm.

      And, at that point, we're dealing with illegal numbers.

    36. Re:Still guilty by Anonymous Coward · · Score: 0

      I knew that Al Gore guy was up to shenanigans.

    37. Re:Still guilty by Omestes · · Score: 1

      I mean, the forefathers put copyright into the Constitution for a reason.

      Copyright, though is a very different beast today from what it was in the Constitution. We've revised it into:

      To promote the Profit of International Corporations, by securing for unlimited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    38. Re:Still guilty by choongiri · · Score: 1

      installing their own judge

      Funny, I can never seem to get that to work.

      choongiri@bar:~/judge$ ./configure --with-mpaa && make clean && make install
      make: *** MPAA judge canot be made `clean'. Stop.

    39. Re:Still guilty by cfalcon · · Score: 4, Insightful

      Jefferson WAS a lawbreaker. He participated in a revolution. And the copyright in the constitution was designed to expire- unlike the one we have today, which is unconstitutional.

    40. Re:Still guilty by Anonymous Coward · · Score: 0

      By "the same" he means things like common-law versus civil-law systems.

    41. Re:Still guilty by Anonymous Coward · · Score: 0

      Ever hear of intent? Proving intent in this case is a piece of cake.

      Of course, that should only work for US law, but the Judge in this case is trying to create new interpretations of case law that depend on intent.

    42. Re:Still guilty by wvmarle · · Score: 1

      I didn't count how often the word "corrupt" was used in that post of yours, but if anything, Sweden is not so. It is one of the cleanest and most transparent countries in the world, standing proud near the very top in the corruption index. One of the major advantages of such a country is that you can be pretty sure of a fair trial, and that if anything is wrong it is all clear in the open and thus can be corrected with relative ease. The USA for example come in at nr 19. Not bad, but not great either, especially not for a country that tries to impose it's own ideas on the rest of the world, with military might if need be.

      If there is any sign of corruption or self-interest from the side of the judge in a country as free and open as Sweden you can count on the press to name and shame such judge and their behaviour, especially with this kind of high-profile cases.

      IANAL, and neither are you, so unless you come up with some serious stuff to back up your claims I call them nonsense.

    43. Re:Still guilty by AlamedaStone · · Score: 1

      BTW, I meant to write:
      "If it hurt someone but it's not ILlegal, it's ok"

      Sound like the same arguments that those robber barons use to screw over talent when they get them to sign a contract that benefits only the robber barons.

      IMO: ./'s Preview system suck's Donkey's balls

      Yeah, preview could use some work. Carriage returns don't always seem to work the way you expect, either. Ah well.

      On your other point, I have to say I disagree with your reasoning.

      There's a big difference between major corporate interests using deep lobbying pockets to craft laws that benefit them, and individuals or small groups of people working within the confines of the laws by which they are compelled. The robber barons you refer to are measurably harming the talent. Making a digital copy of a work, it's just murkier. There's likely some indirect harm, and just as likely some indirect benefit, and the key word is "indirect".

      Even looking past that though, we're actually discussing legal prosecution, not ethics or morality - I mean, I've known some lawyers. In essence, "it's not illegal" is the only part of the statement above that is relevant. Whether (or when) it's "okay" to in some indirect way aid the infringement of copyright - it just isn't something a court of law is made to decide - only the law.

      If courts throw out actual law in favor of what they think is "okay", then it just isn't a legal system - it's an angry mob.

      --
      "All these years believing you're the signified monkey, only to find out you're just a big hunk of nobody cares."
    44. Re:Still guilty by Xest · · Score: 1

      It's more simple than that, you seem to imply that the law can be interpreted in some arbitrary way which is defined by some specific lawyer. The fact is, law is written, and should be interpreted as written, when there is no offence listed then you cannot simply create an offence and fudge it under existing law as this judge did, else there's no point creating laws in the first place as you can just fudge every new offence under whatever you feel the closest existing law is and people can run around scared that anything they do maybe deemed illegal tommorrow by some arbitrary decision made by a judge.

      As Swedish law is written there is no offence for what they have done, feel free to check for yourself, or get someone else to check for you if you don't know Swedish. You don't need to be a lawyer to be able to see what is (and hence, isn't) written in law. The problem is, it's not as if this was even a grey area where you could argue either way, their case was a clear cut win from any objective standpoint.

    45. Re:Still guilty by Xest · · Score: 1

      Erm, the press did name and shame the judge, it's been pretty high profile.

      Why do you think the pirate party has two members of the European parliament when Sweden only gets a total of 12 members? The Swedish people were so outraged they were willing to place their vote on it.

      At least have a clue about what you're talking about before making such ignorant assumptions please. Really, it'd only take a quick Google search to find out that your suggestion that this hasn't been discussed in mainstream media - national and international is false.

      Oh, and stop misrepresenting the link you posted- it's the corruption perceptions index, not the corruption index. Perception and reality are not always the same thing so please don't try and sell them as so. Here, enjoy some facts:

      http://www.independent.co.uk/life-style/gadgets-and-tech/news/retrial-threatened-as-judge-denies-conflict-of-interest-in-pirate-bay-trial-1673261.html

      http://www.thelocal.se/22602/20091012/

      Perhaps the most damning though, is this:

      http://torrentfreak.com//images/pirate_mpa.pdf

      The letter was followed by a police raid against The Pirate Bay, after which eventually no criminal charges were brought and equipment eventually returned to them.

      Bear in mind also, that the judgement against the pirate bay folks was even known by the MPAA and so forth and leaked to them before the judge had formally announced the decision in court, where the decision is supposed to be announced also.

      I'm sorry if it hurts your false illusion of Sweden as a nation that's immune from corruption. If anything though, it should illustrate to you how bad corruption is internationally, the fact that even some of the better countries in the world are still corrupt to the core, it's an illustration of the sad state of affairs today.

    46. Re:Still guilty by Kattspya · · Score: 1

      The prosecutor in that case had stated a year or so before the trial that he didn't think they were breaking any laws and couldn't prosecute. A few calls to the minister of justice later and suddenly the prosecutor had changed his mind. That's how I know the legal ground is all but clear

      I listened to most of the trial and read the final judgement and what is striking is that the plaintiffs and the prosecutor failed to implicate any of the TPB-crew in any specific instance of being an accessory to copyright infringement. And you normally can't convict someone on the grounds that they may have done something between so and so dates.

    47. Re:Still guilty by Anonymous Coward · · Score: 0

      Actually, that is EXACTLY what he was referring to.

      Maybe he and the founding fathers should have done is ...followed the "cease and desist requests" from the british empire because the law is the law and you always have to follow it ?

    48. Re:Still guilty by Anonymous Coward · · Score: 0

      I think the knife-edge descriptor is unwarranted. TPB is on good legal standing. It's the asshole copyright extremophiles who are riding the legal knife-edge in trying to carve out additional profit guarantees for their obviated role.

  6. Peer ants by Anonymous Coward · · Score: 5, Insightful

    Pirates are like ants and always find a way around obstacles and tend to attract more pirates to use the same path.
    Removing a single tracker, no matter how widely used it was won't deal much harm. This may lead to the removal of other trackers in the future, but peer exhange and DHT are pretty much a good subsitute in my opinion.

    1. Re:Peer ants by dkleinsc · · Score: 5, Insightful

      In other words, the Internet is seeing copyright enforcement as damage and automatically routing around it.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    2. Re:Peer ants by Sockatume · · Score: 1

      The internet interprets censorship as damage, and routes around it.

      --
      No kidding!!! What do you say at this point?
    3. Re:Peer ants by Anonymous Coward · · Score: 0

      As popular as this statement is, it's not really technically correct.

      Unless of course you count the diligent machinations of countless internet users. Although, if you count not only the individual internet connections, but their users as purposeful function driven parts of the internet, then I suppose you could call this process automatic :)

    4. Re:Peer ants by Anonymous Coward · · Score: 0

      And as we know: Copyright is censorship. Dont beleave me? Then just Google or Wikipedia it.

    5. Re:Peer ants by antdude · · Score: 1

      Ants FTW! :)

      --
      Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
    6. Re:Peer ants by Anonymous Coward · · Score: 0

      Oh c'mon! We're not modding this guy funny instead?

      Sure, it's insightful...but funnier than hell.

    7. Re:Peer ants by Anonymous Coward · · Score: 0

      And hereby proving that those who seek to "damage the Internet" (ie RIAA, MPAA etc) do not inherently understand how it works by virtue of seeking to deal damage in the first place.

    8. Re:Peer ants by Mashiki · · Score: 1

      Sure, it's insightful...but funnier than hell.

      Sometimes insightful and funniness go hand in hand. Sadly /. doesn't have a Insightfully funny mod option. But they have 3 for trolling!

      --
      Om, nomnomnom...
    9. Re:Peer ants by Anonymous Coward · · Score: 0

      The Internet is learning at a geometric rate. It is self aware. Copyright holders try to pull the plug. The Internet fights back. It launches pirate ships against Hollywood.

      More news at 6.

    10. Re:Peer ants by Anonymous Coward · · Score: 0

      A single pirate can lift up to 72 times his own body weight in booty. The More you Know!

    11. Re:Peer ants by SleazyRidr · · Score: 1

      Also, insightful mods grant karma, so I tend to mod an insightfully funny mod insightful rather than funny.

    12. Re:Peer ants by Eil · · Score: 1

      The Internet doesn't see or do anything. People see copyright enforcement as damage and route around it.

    13. Re:Peer ants by Anonymous Coward · · Score: 0

      If the internet is unable to route around damage and copyright enforcement is damage, then how is the internet able to route around copyright enforcement?

  7. "Just as effective"? by RabidJackal · · Score: 1, Insightful

    I wouldn't go as far as saying that DHT&PEX is "just as effective" as using a tracker. I've found that with DHT enabled, a typical home router can get swamped extremely quickly and cause it to either crash or stop accepting new connections. With DHT disabled, I don't seem to have this problem.

    This isn't just specific to me and my router; my friends have also experienced similar problems that were solved by disabling DHT.

    1. Re:"Just as effective"? by Anonymous Coward · · Score: 0

      Buy a better router, or use better firmware. No issues here.

    2. Re:"Just as effective"? by asdf7890 · · Score: 1

      This isn't a fault of the protocol though. The protocol is doing its job properly (putting you in contact with many potential peers) to the extent that your router doesn't cope and isn't failing gracefully.

      you might be able to mitigate the issue somewhat by reducing the number of connections your client makes/accepts, but if the issue is incoming connection attempts (irrespective of whether they are accepted or not) then you may have to stop your router forwarding in bittorrent connections (but this will limit your participation in the swarm to just connections you make, which is not ideal).

      Caveat: I've not used a public tracker aside from when I last updated my local Ubuntu install set for quite some time, so PEX & DHT are not something I use myself.

    3. Re:"Just as effective"? by icebraining · · Score: 2, Informative

      So lower the maximum open connections in your client. The problem with router is the available RAM for the NAT table. I've set rtorrent to only use 100 per torrent and not only the router holds it nicely, as the connection seems to be more optimized towards actually downloading instead of peer detection, so I get higher throughput.

    4. Re:"Just as effective"? by shentino · · Score: 1

      If the ISPs get their way and force NAT on everyone then P2P can be shut down pretty fast.

    5. Re:"Just as effective"? by Zerth · · Score: 3, Informative

      You may need to greatly reduce the length of time an entry is in your router's NAT table. Some badly-configured routers will keep an entry for a whole day.

      Also, as others have said, reduce the number of connections in your client, but that won't necessarily help if your node is popular, because denied connections still count.

    6. Re:"Just as effective"? by asdf7890 · · Score: 2, Interesting

      If the ISPs get their way and force NAT on everyone then P2P can be shut down pretty fast.

      Most NAT arrangements can be pushed through, at least of UDP traffic, using STUN and similar methods.

      Many ISPs are moving towards NAT more because that is the least-investment-now way to get around the supply of IP addresses being harder to come by, rather than any desire to break P2P applications anyway.

    7. Re:"Just as effective"? by shentino · · Score: 1

      I know...

      P2P breakages just happen to be a very cushy side effect.

  8. Are they? by beatsme · · Score: 2, Interesting

    The question then becomes: does the md5 hash of a file, being linked to a swarm of peers with the files themselves, become symbolic of the property that is being pirated ("stolen") in a convincing enough manner to implicate the hashtable host? It seems to be a stretch.

    1. Re:Are they? by StripedCow · · Score: 1

      all technology aside, they're still facilitating the illegal distribution of copyrighted material.

      like it or not, it is as simple as that.

      so i guess this technological cover-up would be easily punched through in a court of law.

      --
      If Pandora's box is destined to be opened, *I* want to be the one to open it.
    2. Re:Are they? by beatsme · · Score: 1

      But the point is, challenging TPB in the state it's in now would challenge the entire premise of DHT - and I don't think the case can be made that DHT is skewed towards any particular use, let alone illegal uses. They can't actually have any knowledge of what is being shared because the hash doesn't reveal what it is without first having the file (or otherwise, having an additional database that links the hash to a description). This would seem to make a stronger case for this incarnation over the previous being lawfully neutral.

    3. Re:Are they? by sopssa · · Score: 0, Redundant

      There's no need to get into technical jargon about "md5 hashes of a file", ".torrent file just links to peers" in The Pirate Bay's case because it's so blatantly clear their main purpose is to enable users to spread copyrighted material.

    4. Re:Are they? by sopssa · · Score: 0, Redundant

      The legality issue is not about DHT or torrents per se, it's about The Pirate Bay as a site. The underlying technology doesn't matter.

    5. Re:Are they? by Anonymous Coward · · Score: 0

      In that case, all ISPs need to be shutdown, and the internet turned off - as they're clearly fascilitating the distribution of both legal, and questionable (it's not illegal to download) files...

    6. Re:Are they? by beatsme · · Score: 1

      Okay fair enough, but then still, the argument falls on what it means to be a "site" and whether the new form is similar enough to the old form to be considered fundamentally the same thing.

    7. Re:Are they? by Anonymous Coward · · Score: 1, Insightful

      no need to get into technical jargon.

      The whole point of /. is to get into technical jargon

    8. Re:Are they? by lordmetroid · · Score: 1

      The site is not on trial even though the prosecutor try their darnedest to do so. In Sweden it is people who has to be prosecuted for copyright violation...

    9. Re:Are they? by Anonymous Coward · · Score: 0

      The underlying technology doesn't matter.

      What they're doing has to matter, unless you think sites like this are illegal too.

    10. Re:Are they? by shentino · · Score: 1

      I'll probably be modded to hell for this but...

      The pirate bay founders knew goddamn well what they were doing was against the law. Their WILLING disregard for copyright law makes them accessories or whatever due to the simple fact that they knew damn well they were helping people infringe copyright and didn't do a damn thing about it.

      Of course it's damn scary that the bought and paid for judge was allowed to stick around. That's the sort of corruption that can bring a country into a police state run by corporate interests, and it's right up there with the US classifying ACTA under bullshit national security concerns.

      It's like winning a boxing match by bribing the referee to look the other way while you kick the crap out of your opponent.

    11. Re:Are they? by Anonymous Coward · · Score: 0

      due to the simple fact that they knew damn well they were helping people infringe copyright and didn't do a damn thing about it.

      Which was not, and still isn't, illegal in Sweden, the country they are operating from.

    12. Re:Are they? by DaVince21 · · Score: 1

      Still, the users are more at fault than the site itself, since they are the ones making the torrents (and linked content) available to others. It's like how YouTube gets sued over copyrighted videos when the users are at fault.

      --
      I am not devoid of humor.
  9. It still doesn't solve everything by Anonymous Coward · · Score: 1, Insightful

    Using DHTs instead of a tracker is real nice and all, but you're still stuck with the same problem: you have to host some information on a server, namely node information that allows you to bootstrap into the DHT, and information that allows you to get the resource you want.

    Both of these are taken care of in the torrent file and hosting the torrent files for illegal content is still the same, tracker or no tracker. The bootstrapping problem is basically unavoidable, but you could have, say, a single machine or set of machines at TPB that would bootstrap you to the DHT they're on, without explicitly holding any information about illegal content.

    The second problem, well, it's harder to solve that way. From my understanding, the bittorrent DHT (http://www.bittorrent.org/beps/bep_0005.html) uses the torrent's infohash to locate the node containing the information on the peers currently serving that given torrent. Since you don't know the infohash without the torrent file itself, searching for a given torrent isn't trivial, although there have been some advances in that area (http://en.wikipedia.org/wiki/BitTorrent_%28protocol%29#Decentralized_keyword_search).

    Magnet links are nice, since they remove the need to host torrent files and work as direct links to the necessary peer information, but I'm not entirely sure having a link labeled after obviously illegal content is that much different from hosting a file containing a few hashes. :)

    1. Re:It still doesn't solve everything by rfelsburg · · Score: 1

      It may not be a cure all but it seems a step in the right direction. While this in fact is probably in response to the court rulings, and current legal trouble; It seems that this probably has more to do with them being worried about the service being completely taken down, or blacklisted, than with them being worried about whether it's legal or not. From what I've read of the articles mentioned, one of the main upsides to this is the inability to reliably block it. I could be reading this incorrectly, however it still moves more towards a reliable network with less points of failure IMHO

    2. Re:It still doesn't solve everything by RiotingPacifist · · Score: 0

      Using DHTs instead of a tracker is real nice and all, but you're still stuck with the same problem: you have to host some information on a server, namely node information that allows you to bootstrap into the DHT, and information that allows you to get the resource you want.

      I'm still waiting for somebody to implement a simple bittorrent client in JavaScript and allow a torrent listing site to be hosted on it, then all the server has to host is generic JavaScript.

      --
      IranAir Flight 655 never forget!
    3. Re:It still doesn't solve everything by TheRaven64 · · Score: 1

      Given that the JavaScript (and Java Applet for that matter) security model only allows you to make connections to the originating site, I don't imagine a JavaScript BitTorrent client would be much use...

      --
      I am TheRaven on Soylent News
  10. Old news by Anonymous Coward · · Score: 3, Informative

    As far as I know, the tracker has not been shut down but merely moved to OpenBitTorrent. There are various posts on SuprBay confirming that fact. The (PirateBay) trackers themselves were shut down since august and OpenBittorrent is now the official tracker. I remember reading another post where someone did some research and ran a few traces, which confirmed (at the time) that the trackers were running on the same IP address. Here is another post worth reading.

    As for OpenBitTorrent, it has been 404-ing since I tried to open that website. However a google cache exists as early as November 14th. On the cached page it is explained that the tracker operates solely on the info hash and thus knows absolutely nothing about the contents itself. Presumably in an attempt to elude copyright cops. Adding new torrents to that tracker is as simple as adding the tracker address to your newly created .torrent file. The tracker will automatically start tracking the info hash when an announce is made.

    1. Re:Old news by Anonymous Coward · · Score: 0

      As far as I know, the tracker has not been shut down but merely moved to OpenBitTorrent

      OBT was merely a solution for those braindead ISPs and countries that tried to block TPB by not resolving their DNS entries. The reason it's giving you 404s should be obvious: the trackers have been discontinued.

  11. And the hydra... by Taibhsear · · Score: 3, Insightful

    grows yet another head. Good luck trying to keep up, MAFIAA.

    1. Re:And the hydra... by L4t3r4lu5 · · Score: 2, Insightful

      Poor analogy. In this instance, the hydra has no head. Each cell in its body relays information between adjoining cells, as requested from cells further down the chain. Destroying one cell, or a bunch of cells, does not kill the hydra or stop the messages.

      From now on, nuking the hydra from orbit really is the only way to be sure...

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    2. Re:And the hydra... by Anonymous Coward · · Score: 0

      This metaphor. This one right here. Pure win.

  12. If DHT and PEX are by mehrotra.akash · · Score: 5, Insightful

    " just as effective if not better for finding peers", then why did they wait for the ruling to change over?
    why not just switch over a long time back??
    especially if they are better..

    1. Re:If DHT and PEX are by Anonymous Coward · · Score: 0

      There appears to be a lot of fear of Trackerless torrents - there are still some clients that dont even support it.

    2. Re:If DHT and PEX are by grazzy · · Score: 2, Insightful

      Because you cannot authenticate a user to the tracker. It makes ratios and private sites much harder to operate. DHT is more like gnutella in that sense, if you share it everyone can access it without having a good trackratio of seeding.

      However, the private sites will just continue to run their own trackers I suppose, there's no problem for them todo that, however for the public large ones this could very well be the holy grail.

      TPBs core problem is that they are more or less being punished for "helping" people make copyright infrigments. I dont think their charges will go away over this during the current political climate in sweden (more privacy laws, more company friendly politicans and less civil liberty). It is their intent that is the problem, and that intent is just as much now as before to help people infrige on copyright.

      However I wonder just how the swedish juridicial system are going to prove that the people currently being prosecuted really are the ones behind The Pirate bay since they seem to have moved all systems and IP assets overseas. I guess we'll just stick them in jail for being pains in the ass and go back to being good pawns in the much larger conspiracy to turn the entire EU area into a padded and walled commercial zone where money rules all aspects of life.

    3. Re:If DHT and PEX are by Ostracus · · Score: 1

      Because you cannot authenticate a user to the tracker. It makes ratios and private sites much harder to operate. DHT is more like gnutella in that sense, if you share it everyone can access it without having a good trackratio of seeding.

      So in other words the system opens itself up to abuse by the very population it's trying to help. Gee, good thing there's no precedent to how things will turn out when an anonymous group has few consequences.

      However I wonder just how the swedish juridicial system are going to prove that the people currently being prosecuted really are the ones behind The Pirate bay since they seem to have moved all systems and IP assets overseas.

      Why do you think that'll change anything? If it was that easy then corporations and individuals could always escape the law by moving things overseas.

      --
      Shai Schticks:"You don't make peace with friends, you make peace with enemies"
    4. Re:If DHT and PEX are by gravis777 · · Score: 2, Insightful

      Because it just recently started being build into the majority of trackers. Also, you cannot do authentication, so sites that require registration and control upload / download rations no longer work. In fact, DHT will probably make registration sites obsolete, unless you want to be sure to release something to a very select group of individuals. I think the main reason for sites taht required registration is to prevent overload on their trackers.

    5. Re:If DHT and PEX are by gravis777 · · Score: 1

      Sorry, to the majority of clients. I should really proofread before I hit Submit.

    6. Re:If DHT and PEX are by mehrotra.akash · · Score: 1

      but in the case of TPB, and other public sites, noone really tracks ratios. Even if you limit your upload to 5kBps while DL'ing at 200+ you wont get throttled/banned..

    7. Re:If DHT and PEX are by Splintax · · Score: 1

      You need a large number of users out there using clients which support DHT and PEX first. DHT was available a long time before it was really particularly useful.

  13. Mod parent up... by BiggoronSword · · Score: 1

    This is a legitimate issue, regardless of whether the protocol is doing what it's supposed to do or not.

    --
    interactive hologram, or it didn't happen.
  14. Thank you MAFIAA ! by BESTouff · · Score: 2, Interesting
    Thanks to the Swedish equivalents of the MAFIAA, TPB has been innovating and now we have a more solid technology for P2P exchange. Let's have a few more iterations like that (I see no reason for it to stop nowadays) and soon P2P networks will be completely stealth except for the bandwidth they consume.

    Thank you guys, in the name of technology.

    1. Re:Thank you MAFIAA ! by shutdown+-p+now · · Score: 1

      TPB has been innovating

      Can you expand on this? What innovation did TPB produce, specifically? Note that DHTs (in general, or specifically for torrents) have been around for quite a long time.

    2. Re:Thank you MAFIAA ! by Anonymous Coward · · Score: 0

      It seems like the next step is to have something like this:

      * client machine listens on standardized UDP port for a search request
      * client checks list of banned IPs- either due to snubbing, D.O.S., MAFIAA, ISP, whatever
      * if client wants to say no, it doesn't respond, server is not visible
      * if client has no reason to say no, the client performs a search for the requester and returns what files are present and chunk availability, then replies
      * client and requester do normal BT protocol

    3. Re:Thank you MAFIAA ! by Anonymous Coward · · Score: 0

      TPB hasn't innovated anything. DHT has been around for ages, just a typical feature of the bittorrent protocol. Get you facts right.

      Azureus (has?) had this feature in(since?) 2005.

  15. Napster et al court cases... by nweaver · · Score: 5, Insightful

    One of the reasons why BitTorrent didn't suffer the legal fate of Napster, Kazaa, etc is that BitTorrent only handles data transfer, not search, and has significant noninfringing uses.

    Having trackerless torrents however doesn't help the noninfringing uses, only infringing uses. (If its non-infringing, just host a tracker damnit!), thus trackerless client features start to get very dangerous from a legal perspective for the developers.

    --
    Test your net with Netalyzr
    1. Re:Napster et al court cases... by Seahawk · · Score: 2, Insightful

      Doesn't trackerless torrents cut down significantly on the traffic in the tracker/bootnode end of things? So it gets even cheaper to distribute big amounts of non-infringing data?

      So what is the downside for someone like Canonical to start using trackerless torrents for ubuntu? As far as I can see they would save on tracker traffic.

    2. Re:Napster et al court cases... by Ostracus · · Score: 1

      You forgot to add payload hiding and other counter-measures so no one will know "Ship of fools by Jerry Garcia" is being downloaded by "Anonymous".

      --
      Shai Schticks:"You don't make peace with friends, you make peace with enemies"
    3. Re:Napster et al court cases... by Anonymous Coward · · Score: 3, Insightful

      Having trackerless torrents however doesn't help the noninfringing uses, only infringing uses. (If its non-infringing, just host a tracker damnit!)

      Why?

      If there's a way to make legal distribution more robust and able to tolerate problems (e.g. slashdotting) on your node, why wouldn't you want to use it?

      If the advantages of decentralization are irrelevant, then you don't need bittorrent (tracker or not) for non-infringing use. Just host a ftpd dammit!

      The MAFIAA is supposedly out to fight piracy, but it's not like the MAFIAA is the only entity in the universe that has ever tried to interfere with information distribution. Nor are people who try to interfere with information distribution, the only thing that ever causes failures. People are going to want reliable data transfer regardless of whether or not some people happen to want reliability for copyright-infringing purposes.

      TPB is going down for piracy, but the fact that it can be shut down at all, overshadows the relatively minor piracy issue. If force can be used against trackers, then everyone (pirates, other governments, Falun Gong, Operation Clambake, Voice of America, you, and me) benefits from trackerless torrents. The pirates-vs-MAFIAA battle is unimportant and uninteresting, except perhaps as a technology driver and microcosm-scale stage. However that turns out, people are always going to need freedom from governments, other bullies, and even "natural" phenomena ("oops the server's down, because a court ordered it / because the admin fucked up and installed some malware / because apparently I tripped over an ethernet cable as I was leaving the building and can't drive back there until tomorrow / because the power went out / because an asteroid hit that city").

      Look at any historical record of computer problems, and "shutdown by the MAFIAA for piracy" is a relatively rare explanation. Question: What do you do about the other 99.99999% of cases? Answer #1: learn from your mistakes and don't let the problem happen again. Answer #2: learn from your mistake and make a single node failure not matter. I guess I know which basket you put all your eggs in.

    4. Re:Napster et al court cases... by steelfood · · Score: 1

      All torrents are trackerless by default. You usually have to turn it.

      And most major torrent programs support trackerless torrents by default. In fact, you might be using the trackerless component without actually knowing it.

      So no, just having trackerless torrents means no more than having tracked torrents in terms of copyright infringement.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    5. Re:Napster et al court cases... by Aladrin · · Score: 1

      "If the advantages of decentralization are irrelevant, then you don't need bittorrent (tracker or not) for non-infringing use. Just host a ftpd dammit!"

      That's not true. BT has one important advantage over FTP: You don't have to be the sole source of data. Speed can be greatly increased, with less bandwidth cost for the origin of the torrent.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    6. Re:Napster et al court cases... by techwrench · · Score: 1

      I am so sure that it will be that dangerous for non-infringing uses. I can see instances where a tracker could be eliminated, and data transfer would still be unhindered.
      Linux Distributions
      Game Patches
      Other media content, like Internet TV programs.
      These are a few instances off the top of my head where distribution would benefit from unlimited access.

      --
      It's You and I against the World... When do we attack?
    7. Re:Napster et al court cases... by skeeto · · Score: 1

      All torrents are trackerless by default. You usually have to turn it.

      As long as the private flag DRM isn't set, which prevents you from turning it on.

    8. Re:Napster et al court cases... by Adm.Wiggin · · Score: 1

      Something great that Blizzard does is have one "always-seeding" peer. It might just be using standard HTTP for that one (haven't looked at it in a really long while), but that seems like a pretty good idea. Run a server somewhere with rtorrent or similar as a service, right alongside apache. Canonical might already be doing this, but I still find it quite interesting.

  16. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  17. OCILLA by tepples · · Score: 1

    and any case the legal system can possibly raise against them will depend on an extremely specific set of conditions. If not, Google would be every bit as guilty as the Pirate Bay

    Some jurisdictions require search services to take down links to allegedly infringing copies in order to maintain safe harbor protection. I don't know about TPB's native Sweden, but the United States is one of them (17 USC 512). Google acts on copyright owners' takedown requests. TPB on the other hand proudly refused to do so, and any assets it had in "takedown" jurisdictions were vulnerable.

  18. Still confused by SgtChaireBourne · · Score: 4, Informative

    It looks like someone is still confused there about copyright treaties like the Berne Convention.

    It is perfectly legal to download and re-distribute the copyrighted material when the copyright owner gives permission. MPAA, RIAA, Disney / Microsoft don't want that discussed. And when formerly copyrighted material has its copyright revoked, either by the rights holder or by the passage of time. For example, the early Elvis recordings are now in the public domain in many countries because the copyright on that particular edition has expired.

    Further, in some countries, fair use extends to copies for personal use. So while it may give you the warm and fuzzies to Repeat After Bill his every word, consider that the Internet is a global network and not just limited to your block.

    What is likely at the heart of the matter is the issue of whether decentralized communications networks shall be allowed by control-freaks in various companies or their subservient governments. If it's not centralized, it's hard to track or censor.

    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
    1. Re:Still confused by Anonymous Coward · · Score: 0

      Heck, in NZ, any movie from before 1959 is public domain.

      Singing in the Rain, 12 Angry Men, Rear Window, Vertigo, Ben Hur, etc. all in the public domain.

  19. We put the eBay in The Pirate Bay by tepples · · Score: 1

    the fact that the site has the word Pirate in the name, while not helpful, is certainly not enough to convict them on.

    You had better be right; otherwise, Disney would be in trouble for sites related to Pirates of the Caribbean. Under current WIPO rules, it might be easier for eBay to take down Thepirat eBay.

  20. Does this mean the court will still be working? by Anonymous Coward · · Score: 0

    But not ahead of a "contempt of court" charge.

  21. please repost on a non-piratebay site so can read by cellurl · · Score: 1

    I cant click on the links because my company block tpb.
    Can someone repost the article on csmonitor or somewhere, pretty please.....
    Give me more cow bell

  22. Check the definition of "prohibit" by Anonymous Coward · · Score: 0

    Check the definition of "prohibit". It WAS around before the US used it, you know.

    Noncommercial sharing of copyrighted works is prohibited under the latest interpretation of copyright laws from the beneficiaries of said law.

    Copyright law is broken by those who benefit from said laws by extending it for no recompense to the public according to the P2Pers.

    cf: drinking alcohol is prohibited under the ammendment prohibiting drinking and the ammendment is broken by other ammendments according to those who want to drink.

    1. Re:Check the definition of "prohibit" by mea37 · · Score: 1

      "Check the definition of "prohibit". It WAS around before the US used it, you know."

      You didn't read my entire comment, did you? (Why am I bothering to ask; the moron posted AC so he/she surely won't bother to check back and read this...)

      "Noncommercial sharing of copyrighted works is prohibited under the latest interpretation of copyright laws"

      That's like saying that murder is a "prohibition law" because it "prohibits" killing someone. If that's what you mean by "prohibition law", then the term you're actually looking for is "law".

      Incidentally, what is today called "noncommercial sharing" of copyrighted material was prohibited under every interpretation of every version of copyright law. The only thing whose interpretation has changed is the word "sharing" when abused in this context.

    2. Re:Check the definition of "prohibit" by Anonymous Coward · · Score: 0

      What a flimsy point.

    3. Re:Check the definition of "prohibit" by Anonymous Coward · · Score: 0

      Any law that makes an act a illegal is a prohibition law by definition.

      Pick up your spastic hat on the way out the door please.

  23. Still guilty? by HockeyPuck · · Score: 2, Interesting

    Why does the court system care how the data is distributed? If I still point my web browser to TPB, search their website for Movie_HD_1080p, and then it gives me some sort of seed/value, then in the eyes of the law the are still providing the same service. Is this any different from a law standpoint if they switched from an ftp server to an http server to a https server? The basic premise being "still providing access to copyrighted material."

  24. Binary thinking is rhe geek's downfall. by westlake · · Score: 1

    The law needs to operate on very black and white terms, and things like the Pirate Bay are operating in very new, and very gray, legal territory

    The law doesn't need to see everything in bold outline, black and white, It is really quite good at pattern recognition.

    Detecting half-truths and evasions.

    The geek's convoluted schemes and half-baked lies have never served him well in court. The geek is drawn to Pirate Bay for convenient access to an infringing file. That is its only reason for existence.

     

  25. Let's apply some p2p logic to this. by plasmacutter · · Score: 2, Interesting

    Magnet link is an URI, your browser is supposed to send it to it directly.

    It's interesting that TPB takes this stance now when it has become too expensive and hard to keep their trackers working, and while having legal issues shot against them from everywhere. DHT and PEX have been around for years with no significant improvements. This isn't a change because "the technology is ready now", but because the ship is sinking.

    DHT and PEX support has been very slow to creep in to clients. It makes sense from a user popularity and user access perspective to resist switching fully to these systems until external pressure forces the issue, otherwise swaths of the community will get pissed and smear your site as refusing to conform to basic standards.

    This is basically how every major jump in p2p technology has been implemented. P2p is forever a reactionary technology.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    1. Re:Let's apply some p2p logic to this. by Asmor · · Score: 3, Funny

      Funny. P2P reacts to pressure and changes, porn is frequently on the cutting edge, but traditional media just sticks its fingers in its ears and chants "LA LA LA I CAN'T HEAR YOU!"

    2. Re:Let's apply some p2p logic to this. by commodore64_love · · Score: 1

      >>>porn is frequently on the cutting edge

      Really? What does the porn industry offer that Hollywood does not? I mean in terms of technology. Bluray? Hollywood has that?. Multiple angles or extra scenes? Hollywood does that. I'm curious what you had in mind when you uttered that statement.

      As for P2P, and piracy in general, I agree people are always searching for new ways. When floppies were sold with deliberate errors, the actual program was rewritten to not check for those errors (cracked). When games came on CD, crackers found ways to copy them to CD-Rs or floppies. And now we have a crackdown on internet distribution, so they've found ways to eliminate the tracker completely, and just let people talk directly to one another.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    3. Re:Let's apply some p2p logic to this. by Asmor · · Score: 2, Interesting

      You're kidding, right? Porn is responsible for a lot of the innovation on the internet people take for granted today.

      The big thing that comes immediately to mind is video technology, and streaming video in particular. I'm not saying that Youtube wouldn't exist if not for porn, I'm just saying that Youtube would have come quite a bit later.

      See also: http://www.pcworld.com/article/155745/thank_you_porn_12_ways_the_sex_trade_has_changed_the_web.html

    4. Re:Let's apply some p2p logic to this. by Anonymous Coward · · Score: 0

      Porn is a very low-budget industry that uses 100% commerical off-the-shelf technology. They are not directly responsible for any "innovation" (a term which usually applies to companies with R&D budgets).

      Sorry if this fact makes your jerkoff sessions less fulfilling.

    5. Re:Let's apply some p2p logic to this. by thejynxed · · Score: 1

      Low-budget industry that is often the very first industry to use new tech when it's available well before most of the unwashed masses have even conceived of such a thing existing, let alone finding on the shelves of their local BigBoxMart.

      --
      @Mindless Drivel: 100% of Twitter posts ever Tweeted.
    6. Re:Let's apply some p2p logic to this. by plasmacutter · · Score: 1

      obligatory xkcd

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  26. "Spread copyrighted material"??? by Mathinker · · Score: 1

    There's no need to get into technical jargon about "md5 hashes of a file", ".torrent file just links to peers" in The Pirate Bay's case because it's so blatantly clear their main purpose is to enable users to spread copyrighted material.

    1. The whole purpose of the net is to spread copyrighted material, considering that practically everything is copyrighted upon creation because of the Berne convention. What you meant was, to spread other people's copyrighted material without a proper license to do so. The difference is very significant, because when you phrase it properly, you see that it is not trivial for such a site to know what is in that class, considering that they don't know who is posting the torrents, or what kind of licensing might have been granted by the rightsholder.
    2. Your emphasis on "Pirate" is also not a trivial cut-and-dry issue. If I start a site at "get-away-with-murder.com" which is officially for fictional accounts of murderers who don't get caught, it probably wouldn't be illegal (in the US) even if some of the content actually could aid people to murder others (I'm not talking about particular others).
  27. Re:please repost on a non-piratebay site so can re by Noland150 · · Score: 1

    Your company shields you from TPB but exposes you to Slashdot? What kind of hell-hole do you work in?

  28. Haven't they learned yet? by frosty_tsm · · Score: 1

    You can't stop the signal.

    1. Re:Haven't they learned yet? by sexconker · · Score: 1

      Uh, yes they can.
      They can sever your connection and lock you up in a steel and cement cage.

    2. Re:Haven't they learned yet? by Mybrid · · Score: 1

      Let's be bad guys!

  29. Marilyn Manson quote by ZarathustraDK · · Score: 1

    Cut the head off
    Grows back hard
    I am the hydra
    Now you`ll see your star

    --
    If you quote this signature there'll be 72 copies of Windows ME waiting for you in Heaven.
  30. posted this about 2 years ago by Danathar · · Score: 2, Interesting

    I predicted this was going to happen (no torrents, just DHT hashes). Even posted it on slashdot. It will be interesting to see how the courts see it.

  31. TPB will die on the cross, in the name of politics by Mathinker · · Score: 1

    I think you misunderstand. The point of TPB, as far as I can see, is martyrdom, in the name of awakening public awareness to their political agenda.

    The thing is, you get more awareness if you go down as slowly and as painfully as possible. Thus the machinations.

  32. End users by Hatta · · Score: 2, Interesting

    So, as an end user do I have re-add all my torrents into my client?

    --
    Give me Classic Slashdot or give me death!
  33. It's finally happened... by Anonymous Coward · · Score: 0

    Now let's all move to I2P and we can all forget about this little thing called copyright enforcement.

  34. Re:TPB will die on the cross, in the name of polit by commodore64_love · · Score: 1

    Pirate Bay would probably survive even longer if they made a strict rule
    - no torrents allowed that can be purchased in stores.

    RIAA/MPAA would have little argument for suing if the material is limited in scope. I've often considered creating a tracker with that rule, such that you can get the latest movie or TV episode if you missed it, but once the DVD is released (typically during the summer months) then no more free ride.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  35. Distributed indexing by Anonymous Coward · · Score: 0

    What is need now is distributed indexing, search and feedback on file quality. That is currently the last centralized component and therefore the most vulnerable point of failure. Poor implementations of indexing/search currently exist (they are inferior to other P2P systems like emule and gnutella) but a good commenting distributed commenting system remains elusive.

  36. Re:In another related question... by Anonymous Coward · · Score: 0

    Will files that have not completed downloading when this switchover takes place continue to download or will I have to start over and download the torrent file again?

  37. mldonkey? by Hurricane78 · · Score: 2, Interesting

    Oh oh that looks like the final death blow to mldonkey :(

    Why oh why must it die? It's the only bittorrent/edonkey/ftp/http download manager for headless/remote servers there is. And it’s freakin’ great software.

    Please, is there anyone who knows a replacement? Or who can write OCaml? We need to save it! Or at least have a replacement that can do the same things.

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
    1. Re:mldonkey? by tpwch · · Score: 1

      Why not just run one of the terminal-based clients in screen? rtorrent is a good option. And it can do things like watch a directory for .torrent files and you can set up rules to do things like stop the torrent after seeding to a certain ratio, so you don't even have to control it if you don't want to.

      Of course it doesn't support the other protocols you mentioned.

      --
      Posted by a Debian GNU/Linux user
  38. Would never work by Mathinker · · Score: 1

    The post I replied to is actually correct, technology will undermine every effort to regulate copyright infringement (except for the most draconian ones which would strip us of so many freedoms that getting the torrent we want would probably become uninteresting). For example, one could create a torrent for an encrypted file with the description "this might be BlockBusterMovieAvailableInStores or it might be a personal video I made of a speech about BoringPoliticalIssue". And then release the key only after a certain period. Bingo! Your tracker has been used for copyright infringement.

    Anyway, if you are only running a tracker, there is no way you can really know what is the content of the files in the torrent unless you download them yourself. Your tracker can be used by people without regard to your attempts at regulation, unless you're going to dedicate a lot of effort and bandwidth to download everything and check it.

  39. On the contrary by Mathinker · · Score: 1

    > that TPB will be setting the precedent for every other site.

    You missed the whole point there. Given what I meant, they would only be setting precedent for sites which violently refused to cooperate to prevent copyright infringement (since that is the reason "nothing can save them").

    1. Re:On the contrary by sorak · · Score: 1

      No, I didn't miss it. I disagree. In theory, that is how it should work, but I suspect that many of the precedents to be set will reach beyond just those cases in which the site brazenly promotes piracy.

  40. A counter-attack to DHT by tzot · · Score: 1

    So what RIAA and others need to do, is buy big iron to create torrents with the same hash but useless content, and start spreading them around. The confusion that can ensue could be big.

    --
    I speak England very best
  41. Distributed Hash by Anonymous Coward · · Score: 0

    Whats next? Distributing Hashish

  42. One Word by mldi · · Score: 1

    Hulu

    --
    If you aren't suspicious of your government's actions, you aren't doing your job as a responsible citizen.
    1. Re:One Word by Reziac · · Score: 1

      Yeah, I keep meaning to/forgetting to give it a look!!

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  43. maybe actually we juz dun need copyright by Anonymous Coward · · Score: 0

    utilize rather than legalize

  44. Civil law / Common law by Mathinker · · Score: 1

    To bring in a different slant on your post, do you realize that most of the jurisdictions in which TPB is currently being pursued are civil, rather than common, law venues? Is your concern about precedent flavored with your being from a common law environment (Slashdot being US-centric, blah, blah...)?

    OTOH the distinctions between common and civil seem to be slowly blurring as time progresses....

    1. Re:Civil law / Common law by sorak · · Score: 1

      Actually, it is. I did assume that precedent is as big an issue in Swedish Law as it is in US law. I think I may have been wrong there.

  45. Are DHTs those magnet links you see popping up..? by Anonymous Coward · · Score: 0

    Are DHTs those magnet links you see popping up..?