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IsoHunt Told To Pull Torrent Files Offline

suraj.sun writes with this excerpt from Ars Technica: "The founder of popular Bit Torrent site IsoHunt, Gary Fung, has been ordered to remove the .torrent files for all infringing content — an order that could result in the site shutting down. US District Judge Stephen Wilson issued the order last week after years of back-and-forths over the legality of IsoHunt and Fung's two other sites (Torrentbox and Podtropolis). Fung claims he's still hoping for a more agreeable resolution that won't result in IsoHunt closing its doors, but for now, things aren't looking good for the torrent site."

392 comments

  1. That's easy by Anonymous Coward · · Score: 0

    Just rename them to .torren_
    It's enough to fool Outlook when I need to send executables.

  2. Bah....Bah by muppetman462 · · Score: 5, Funny

    First it's the Pirate Bay, then Mininova, Newzbin, and now IsoHunt? Where or Where are we to get our stuff from? Itunes?

    1. Re:Bah....Bah by spazdor · · Score: 5, Informative

      Have you been having trouble finding pirated content on TPB yet? 'Cause I sure haven't.

      --
      DRM: Terminator crops for your mind!
    2. Re:Bah....Bah by Threni · · Score: 1

      Can't his site handle DHT instead of .torrent files?

    3. Re:Bah....Bah by sopssa · · Score: 3, Insightful

      Can't his site handle DHT instead of .torrent files?

      That's not the point. It's quite clear that technical circumvents to law (like the whole .torrent thing) don't work like that. If your intention is to run illegal site you will be held accountable. It's not just exactly about .torrent files, it's about the whole system and purpose.+

    4. Re:Bah....Bah by eparker05 · · Score: 1, Insightful

      I don't think this will affect me. Since I heard the following news yesterday, I have already uninstalled bittorrent.
      http://yro.slashdot.org/story/10/03/30/2352256/New-Litigation-Targets-20000-BitTorrent-Using-Downloaders?art_pos=1

      Say what you will about litigation against customers, it's effective and that is why they do it. It seems like shutting down sites like IsoHunt is a waste of time to copyright holders since so many others exist and will pop up. But sue a few customers and everything changes.

    5. Re:Bah....Bah by Anonymous Coward · · Score: 0

      What are you smoking? Nothing happened to The Pirate Bay. It's still running just fine.

      If these people are going to start requiring torrent sites to remove torrents that are linked to pirated material, then Google, Yahoo, Bing and all of the other search engines need to remove all links to anything illegal as well. Also, if someone has a crime committed against them, the local government should be able to be successfully sued for any arbitrary amount ($2.1 million judgment because the criminal stole my wallet that had a piece of paper with a priceless poem on it) because they didn't monitor and remove the criminal.

      If they want to play that way, then the people need to be as big of dicks as they are.

    6. Re:Bah....Bah by shoehornjob · · Score: 2, Insightful

      The only way to bring the MAFIAA to their knee's is to not buy their product. I realize that's easier said than done but torrenting isn't the solution. It does help swing the balance of power but it's only temporary. They are turning up the pressure and eventually the studio's will drive "piracy" underground. It'll never die but all they need to do is drive it out of the mainstream. By the looks of things that's exactly what they're doing.

      --
      "We are just a war away from Amerikastan. When god vs god the undoing of man." Dave Mustaine
    7. Re:Bah....Bah by Reason58 · · Score: 4, Insightful

      That's not the point. It's quite clear that technical circumvents to law (like the whole .torrent thing) don't work like that. If your intention is to run illegal site you will be held accountable. It's not just exactly about .torrent files, it's about the whole system and purpose.+

      In what way is this site "illegal" that does not also apply to a search engine such as Google?

    8. Re:Bah....Bah by sopssa · · Score: 1, Insightful

      Because it's clear what The Pirate Bay's, Mininova's and IsoHunt's intention is, and because the content is 99% copyrighted material with no distribution rights from authors. Google's intention is completely different and they act on removal notices.

      After Mininova was ordered to delete all the copyrighted content that was spread illegally, their site basically shut down. Even while they did keep the legal torrents (their distribution system for artists and so on)

    9. Re:Bah....Bah by Pentium100 · · Score: 1

      Me too, but I think that I should start looking for a new public torrent index. I really liked mininova and used it together with TPB, but now only TPB and private trackers are left and I'd rather use public torrents (not because I don't want to seed, I seed until ratio is >=1, but in private trackers, nobody wants to download the files, so I'm stuck trying to seed a 1GB file to ratio =1 for days, even though with my (slow) upload speed of ~90KB/s it should take less than 4 hours. During that time I cannot delete that file or move it to another hard disk to free some space on my downloads disk (seeding when the file is stored on a network disk usually leads to problems like "the specified network path was not found" error once in a while even though all switches, network cards and the file server works OK).

    10. Re:Bah....Bah by SwordsmanLuke · · Score: 4, Insightful

      Focus.

      The thing that accused infringement-aiding sites have to prove is that they have significant non-infringing uses. This is obviously true for Google. It is not so obviously true for IsoHunt and others. Sure, you can find legal content (like the latest Linux distros and so forth) - but IsoHunt and its brethren are a) not the sole distribution method for aforementioned legal content and b) the amount of illegal content is significantly larger than the amount of legal content.

      --
      Any plan which depends on a fundamental change in human behavior is doomed from the start.
    11. Re:Bah....Bah by green1 · · Score: 1

      How is this any different when applied to google?

      a) not the sole distribution method for aforementioned legal content

      google certainly isn't the only place to get anything.

      b) the amount of illegal content is significantly larger than the amount of legal content.

      have you ever turned off "safe search"? there's TONS of illegal stuff indexed by google, including minor illegal things like copyright infringement and hate speech, all the way up to crimes that actually hurt people like ponzi schemes, child porn, identity theft rings and virus producers.

      The only thing different is that Google indexes LOTS of types of illegal content.

      The difference is volume, do things on a small scale, nobody notices, do things on a big scale and nobody dares touch you, but do things in the middle somewhere and you're doomed to failure!

    12. Re:Bah....Bah by ktappe · · Score: 1

      now only TPB and private trackers are left and I'd rather use public torrents (not because I don't want to seed, I seed until ratio is >=1, but in private trackers, nobody wants to download the files, so I'm stuck trying to seed a 1GB file to ratio =1 for days, even though with my (slow) upload speed of ~90KB/s it should take less than 4 hours. During that time I cannot delete that file or move it to another hard disk to free some space on my downloads disk

      Agreed--disk space and upload speed limitations have prevented me from achieving any >1.0 ratios for a while now. I want to be a good netizen but it's often not practical.

      --
      "We can categorically state we have not released man-eating badgers into the area." - UK military spokesman, July 2007
    13. Re:Bah....Bah by NeutronCowboy · · Score: 5, Interesting

      Legality these days is determined by the depth of your pockets and the size of your lawyer-army.

      --
      Those who can, do. Those who can't, sue.
    14. Re:Bah....Bah by sopssa · · Score: 1

      If 99% of Google results were illegal (and on first page on search results) and they if they aided in copyright infringement, I'm quite sure they would be in trouble.

    15. Re:Bah....Bah by WhatAmIDoingHere · · Score: 4, Insightful

      "the content is 99% copyrighted material"

      The only content on those sites is .torrent files, which are not copyrighted material.

      --
      Not a Twitter sockpuppet... but I wish I was.
    16. Re:Bah....Bah by Jaysyn · · Score: 1

      Sneakernet 4 Life!!

      --
      There is a war going on for your mind.
    17. Re:Bah....Bah by grub · · Score: 1


      have you ever turned off "safe search"? there's TONS of illegal stuff indexed by google, including minor illegal things like copyright infringement and hate speech, all the way up to crimes that actually hurt people like ponzi schemes, child porn, identity theft rings and virus producers.

      All the more reason to turn off safe search!

      --
      Trolling is a art,
    18. Re:Bah....Bah by Anonymous Coward · · Score: 2, Insightful

      google certainly isn't the only place to get anything.

      Nobody said it was.

      If you turn off safe search I think you'll find the amount of illegal content does not significantly overshadow legal content on Google unless you put in very particular search terms. Also, the hit-rate of legal vs. illegal content on a typical search matters probably more than the actual amount indexed.

      The difference isn't just scale; the proportions are extremely skewed, and I will bet dollars to donut-holes that the large majority of Google searches are intended to find content legally and that they successfully do find content legally, whereas with IsoHunt it's just the opposite. The point of IsoHunt -- the point of it! -- is to get things for free that the content creators or owners have not chosen to make freely available. The point of Google is to get information that has been made freely available, usually by content creators and owners.

      Sometimes people have ethical justifications:

      "I own a copy but it broke"
      Okay, I personally think that's fair. I also think it's rare, but it's fair.

      "I want a demo before wasting my money and they won't give me one"
      Then don't buy it if they don't give you a demo. Why do you have a right to a demo of a video game? I recognize people disagree with me.

      "Movie studios overcharge"
      You don't want to pay, you don't have to, but then why should you get to see the movie?

      "I'm poor/a student/etc."
      Mmm-hmm. They aren't withholding your daily bread from you.

      "They don't sell this where I'm from; it's unavailable through any reasonable legal channel"
      I'm okay with this one, personally, particularly if it's clear that they will *never* release it in your locale (unlike if they are planning to release it 3 days later).

      "I just don't want to pay for it"
      Well, at least you're honest, Mr. Strawman.

      "I hate this DRM crap -- I did pay for a real copy"
      Sure, whatever, same as the broken DVD as far as I'm concerned; you did your part.

    19. Re:Bah....Bah by Pentium100 · · Score: 1

      My download is 4mbps, so if I use public trackers (usually a lot of people want to download that torrent) I can give back what I have taken quite easily (it helps that I don't saturate my download speed 24/7, my average download is less than average upload). Once I had a 1024/128 connection. With that, it was impossible to have a decent ratio and still be able to download anything.

      However, I archive almost everything I download, so I won't need to download it ever again. This way, as my collection grows, I'm downloading less and less, but my upload speed is always saturated.

    20. Re:Bah....Bah by dgatwood · · Score: 2, Interesting

      Flip side, although they are not the sole source of said legitimate content, they are a primary source. As an occasional Linux downloader, ISOHunt is where I've always gotten those ISO images. Admittedly, it takes a two second Google search to find another source, but the point is that it's the first place I and a lot of other people think of when they want to download a Linux ISO. Thus, clearly that constitutes substantial non-infringing use, regardless of what the MPAA lawyers might say.

      I have a really hard time believing that this site doesn't fall under the 512(d) safe harbor. It seems pretty cut and dry unless they can prove not just that the ISOHunt folks had reason to believe that infringing content existed, but that they had reason to believe that at least one specific ISO was infringing, which is completely unprovable unless they can prove that a human inspects and approves or rejects a sizable percentage of torrents. This provision is there specifically to prevent lawsuits like this one from having any traction, and this case is a pretty clear indication that this safe harbor is not strong enough or sufficiently clearly worded, IMHO.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    21. Re:Bah....Bah by icebraining · · Score: 1

      Have you tried adding http://www.openbittorrent.com/ to your torrents?

    22. Re:Bah....Bah by Anonymous Coward · · Score: 0

      google torrent search

      http://www.google.com/cse?cx=003849996876419856805:erhhdbygrma&ie=UTF-8&q=&sa=Search

    23. Re:Bah....Bah by icebraining · · Score: 1

      Well, he said that even though his upload speed is slow, he can't share anyway, because nobody wants to download. And disk space is not exactly expensive these days.

    24. Re:Bah....Bah by Znork · · Score: 1

      I have already uninstalled bittorrent.

      Why? It's perfectly usable with most VPN providers. Or are you moving over to the more modern darknet variants instead?

      it's effective and that is why they do it.

      Effective for what? Effective for convincing a lot of people that the industries in question are a significant threat to society? Sure. Effective for mobilizing a massive political blow-back? Yep. Effective for convincing consumers who'd otherwise happily provide the industries with income to go to inordinate lengths to avoid generating revenue for them? That too.

      These day's I'll happily pay a premium for material that is ethically MAFIAA revenue free.

      But it certainly isn't effective in creating a sustainable and socially acceptable revenue model. And it's certainly not effective at preventing uncontrolled levy-free copying, it simply results in migrations and rapid improvements in even more elusive constructs to accomplish the same thing.

    25. Re:Bah....Bah by Anonymous Coward · · Score: 0

      I would argue that google, and all search engines, index 100% copyright material. since they index others sites, and copyright is automatic after writing/producing, when they display it aren't they in fact copying copyright material.

      images, words, sounds. all of it is copyrighted by someone other than google. So, the little blurbs that show up are copyrighted. the images that pop up, copyrighted.
      you may argue fair use, but certainly the amount of "data" that is in a torrent file is less than what is shown in a typical search response.

    26. Re:Bah....Bah by dgatwood · · Score: 2, Insightful

      If you turn off safe search I think you'll find the amount of illegal content does not significantly overshadow legal content on Google unless you put in very particular search terms. Also, the hit-rate of legal vs. illegal content on a typical search matters probably more than the actual amount indexed.

      The DMCA provisions in question don't mention percentages, majority, or any other such terms. They protect search engines, period, provided that the provider:

      1. a. does not have actual knowledge that the material or activity is infringing

        b. in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or

        c. upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;

      2. does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and
      3. upon notification of claimed infringement as described in subsection (c)(3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, except that, for purposes of this paragraph, the information described in subsection (c)(3)(A)(iii) shall be identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link.

      Besides, the percentages are due to the nature of .torrent files and the fact that this search engine limits its results to those files, which cannot be a copyright violation per se. If Google provided a separate torrent search area for searching for torrent files, they would have a 95% illegal content rate, too unless the MPAA members gave them a specific list of torrents to exclude.

      In short, the case hinges on whether the people responsible for ISOHunt know or should have known that content was infringing. Yes, if you look at a specific infringing torrent file, one could argue that they should have know, but the same can be said about a Google search. In aggregate, one can reasonably argue that filtering or pre-screening such a large volume of hits is unreasonable, and as such, they cannot reasonably have been aware of infringement....

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    27. Re:Bah....Bah by StillNeedMoreCoffee · · Score: 1

      Interesting concept, "The thing that accused infringement-aiding sites have to prove is that they have significant non-infringing uses" seems like your saying that if accused you need to prove your innocence. Where is the presumption of innocence, and isn't it the job of prosecution to prove guilt. Your presumed innocent so you do not have to prove that. Not a small legal concept and a pillar of our legal system. But when money grubbing corporations see their profits erroding, they will get the ambulance chasers in gear to get what they can, however they can. Legistatively, Sonny got the Copyright extended for a centruy for Disney's benefit. That should be repealed certainly.

    28. Re:Bah....Bah by commodore64_love · · Score: 3, Insightful

      >>>If your intention is to run illegal site you will be held accountable.

      Isohunt doesn't run a tracker. They don't even host the actual torrent files. They simply provide a convenient search engine, and then download the torrent from the original source (example: from piratebay). It's like google, if google specialized in only searching for *.tor files.

      Aside -

      - I better hurry up and find a different source for my "NapisyPL" files. I like these files due to their tiny size (70 or 130 MB), but have no clue where they originated from. Time to find out before isohunt disappears.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    29. Re:Bah....Bah by Anonymous Coward · · Score: 3, Insightful

      It's not the same thing, not even close to the same thing. Telling someone about something illegal or how to do it is not the same as doing it. The MPAA/RIAA is attempting and succeeding at rewriting the rules to maintain their existing business model. Copyright/patents protections were never intended to be a lifetime stream of guaranteed income by content organizations, they were meant to advance technology and innovation. That concept is gone and we are seeing the affects. Remember the safe harbor provisions that were acceptable a few years ago? That will be going away soon. Remember the VCR time shiffing issue? How about the home recording act changes to the copyright policy when DAT players started showing up (serial copy control)? The rules are changing.

    30. Re:Bah....Bah by tsm_sf · · Score: 1
      --
      Literalism isn't a form of humor, it's you being irritating.
    31. Re:Bah....Bah by commodore64_love · · Score: 1

      >>>disk space and upload speed limitations have prevented me from achieving any >1.0 ratios

      I counteract that by setting my download speed == upload speed (i.e. 15 KB/s DL). It helps keep my overall ratio very close to 1.0 since I'm only downloading as fast as I share.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    32. Re:Bah....Bah by sopssa · · Score: 1

      Why would you need VPN if you're only downloading legit torrents?

    33. Re:Bah....Bah by commodore64_love · · Score: 2, Funny

      Get a dialup connection. I've received 3 notices from my DSL provider, but absolutely nothing from my 56k Dialup provider. For whatever reason dialup bittorrenters seem to be ignored.

      And no it isn't that slow. Figure 2 episodes downloaded while you're sleeping, and 2 more while at work == 4 new episodes a day that I can watch when I get home.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    34. Re:Bah....Bah by mweather · · Score: 5, Insightful

      Because it's clear what The Pirate Bay's, Mininova's and IsoHunt's intention is, and because the content is 99% copyrighted material with no distribution rights from authors.

      99% of what Google indexes is copyrighted material, and they have no distribution rights from authors.

    35. Re:Bah....Bah by pigphish · · Score: 1

      brilliant!!!

    36. Re:Bah....Bah by commodore64_love · · Score: 1

      It helps if you avoid movies. (Which is easy because most movies are crap anyway.) Cable programs are also targeted, so don't download the latest HBO or Syfy episode. But if it's more than a year old, you'll have no problem.

      Broadcast shows are also not a problem. Download the latest episode of V if you wish - ABC won't come after you.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    37. Re:Bah....Bah by zcold · · Score: 1

      Dont worry, we still have IRC...

      --
      you know you can fry stuff putting things into things that dont like the things you put into it...
    38. Re:Bah....Bah by commodore64_love · · Score: 4, Insightful

      >>>Google's intention is completely different and they act on removal notices.

      So too does Isohunt. If a company says, "Stop linking to the *.tor file for my Hollywood Blockbuster," then Isohunt complies. It's just the same way that Google or Youtube operate.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    39. Re:Bah....Bah by xtracto · · Score: 1

      I was thinking the other day over the possibility of uploading Torrent files to sites like RapidShare, megaupload, ifile.it and the like.

      These sites have a greater array of content and it is not like they can be shot down that easily.

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    40. Re:Bah....Bah by Pentium100 · · Score: 1

      And get banned from the private trackers?

    41. Re:Bah....Bah by SwordsmanLuke · · Score: 1

      First off, let me state that I do want to see copyright reform. It's overlong and seems to protect the interests of large corporations over the interests of our culture.

      Having said that, sites like IsoHunt don't have to prove their innocence, but it sure helps to have a defense shown to stand up in court. For those accused of profiting by facilitating copyright infringement the best defense has been to show that their technology has significant non-infringing uses. This defense is why we have technology like the (now outdated) VHS recorder or DVR systems.

      As a company, IsoHunt was shown to a) be making a profit and b) derive a large portion of their traffic (and thus, indirectly, profit) from infringing materials. In order to have any chance of not being found guilty they would have to show that their platform was used more for good than not. They were unable to convince the court that they were totally innocent, but they're not being summarily closed, only ordered to remove all infringing materials they can find.

      That difference is important because it shows that the court does believe that IsoHunt has non-infringing uses! They just also believe that IsoHunt needs to do a better a job keeping its nose clean as the infringing uses were (in the court's mind) more significant than the non-infringing ones.

      --
      Any plan which depends on a fundamental change in human behavior is doomed from the start.
    42. Re:Bah....Bah by Pentium100 · · Score: 1

      Disk space is not expensive, but I'd rather archive to tape (the cost/GB is about the same, but tape does not need a separate place in the case and power). No, removable hard drives would not be better, since hard drives are less suited for archiving and still, if I remove it, I can't seed the files that are in it, so in that regard it's the same as tape.

      I don't want to continually increase the number of always spinning hard drives because I would run out of drive bays in my PCs.

      My upload speed is kinda enough (though I might get a fiber connection soon) and, on average, I download less than upload. However, I seed some torrents to ratio = 5 and others to ration =0.2 because nobody wants to download them. This is usually a case in private trackers, because there ratio is zero sum, so everybody wants to seed and nobody wants to download.

    43. Re:Bah....Bah by h4rr4r · · Score: 1

      Like it did for the RIAA?

      Are you paid to spout this drivel?

      DRM free movies cheap will slow down piracy, like mp3s from amazon do now. Nothin will stop it.

    44. Re:Bah....Bah by Bacon+Bits · · Score: 4, Insightful

      What do you mean "these days"?

      --
      The road to tyranny has always been paved with claims of necessity.
    45. Re:Bah....Bah by Anonymous Coward · · Score: 1, Insightful

      Hmmm last time I checked and read the actual facts .torrent files are basically like index files that point you to where a file is located. IsoHut, The Pirate Bay, etc have never hosted the content on any of their servers. The users are the ones responsible. You are trying to blame the tool for what the user does with it. Google is in fact a tool that can be used to find infringing content just like these sites that hold .torrent files, some of which might point to infringing content. Also could you please provide evidence that 99% of all torrent files are illegal?

    46. Re:Bah....Bah by Anonymous Coward · · Score: 1, Informative

      If that was the case than any quickstop that sold scouring pads should be sued and shut down. They KNOW for a fact that people aren't buying them from there for anything but a crack strainer. Just like all the places that sold that little rose in the glass tube knowing good and well all they did was throw the rose out and use the tube for a crack stem. They would also have to be sued and shut down for selling blunt wraps.

      I know they did this stuff cause I used to work at a quickstop. Go to any convenience store in the US and try and find one that isn't knowingly selling stuff for people to do something illegal with.

    47. Re:Bah....Bah by Mathinker · · Score: 4, Interesting

      > 99% copyrighted material with no distribution rights from authors

      Google is in the same spot, unfortunately, unless you believe that not blocking their spider in robots.txt is equivalent to giving distribution rights. Somehow I don't think that's going to fly in court ("fair use" might).

      By the way, if your idea would fly, it would be practically impossible to run a site which distributes legal user-created content: the minute this site became a threat to Big Media's profit margins, they could easily pay for it to be "DoL"-ed (that's a "Denial-of-Legality" attack, when they pay third parties to upload enough illegal content to make it possible to sue and shut it down).

      After all, Big Media has already been caught uploading its content to YouTube via third parties in a way to make it appear illegally pirated. I wouldn't put it past them to try this "DoL" shtik.

    48. Re:Bah....Bah by Anonymous Coward · · Score: 0

      I find it hilarious that it is more illegal to link to copyrighted material then it is to link to websites that instruct people how to make bombs, set ambushes, and otherwise seditious acts.

      I understand that we have freedom of speech and I am not saying that should change, I am just saying that linking to said things, which is worse, showing people how to kill people or showing people how to download movies?

    49. Re:Bah....Bah by Rolgar · · Score: 4, Interesting

      Check out your local library. I've been using the library for about a year now. My library's selection is probably comparable to Netflix (I've recently watched several older movies like the Godfather series, and some WW2 era movies, the X-files series, soon going to watch the Farside), and if they don't have something, I've actually had pretty good success about requesting that they buy items I want and having them acquire them. My library actually has an Annex just for the older videos that they don't have on the shelves right now, and I have access to all of this material that I neither want to pay to watch one time nor want to store, I'm protected against my kids scratching disks.

      Now, I live a 25 minute round trip from our library, but once a week, they send a Bookmobile (bus with shelves) all over the county, and I can request that they send my requested materials out on the local Bookmobile, which is a 6 mile round trip, which is closer than my nearest video store. I have had a couple of items that were so scratched I couldn't watch the whole thing, but I just requested a new copy and put a note in the old one so they could remove it from circulation. You're probably paying property taxes (even if you rent, the landlord is paying some of your rent in taxes) to support a library and this is a far better option than paying for the video store (I also get all items for 1 or 3 weeks depending on the item, and cheaper fees if I keep it too long), risking getting sued, or buying it myself.

    50. Re:Bah....Bah by Khyber · · Score: 3, Insightful

      "Because it's clear what The Pirate Bay's, Mininova's and IsoHunt's intention is"

      It's pretty clear what Google's intention of adding "filetype:torrent" to their search metadata is - to allow someone to find a torrent file without needing to go to those bothersome sites and search.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    51. Re:Bah....Bah by Khyber · · Score: 3, Informative

      'If Google provided a separate torrent search area for searching for torrent files, they would have a 95% illegal content rate"

      IT EXISTS.

      filetype:torrent is all you need to add to your search term.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    52. Re:Bah....Bah by Khyber · · Score: 0

      Got news for you

      Private trackers suck.

      Especially considering their controlling YOUR BANDWIDTH when it has no real effect on THEIR NETWORK (unless they're illegally hosting the files as well.)

      You want the real goods, get into the release scene. Private trackers are scumbags of the internet.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    53. Re:Bah....Bah by Idiomatick · · Score: 1

      In utorrent and azureus atleast you can set options to automatically move torrents to a 'completed' folder when it finishes downloading, that could be on a seperate drive. Pretty sure in vuze you could even sort different types of stuff into different folders (movies vs tv shows w/e).

      As for a file server, why not put the torrent ap on the file server and use remote web control. utorrent and az both have decent web uis...

    54. Re:Bah....Bah by Anonymous Coward · · Score: 0

      If your intention is to run illegal site..

      But that's just it; the whole point of torrent indexers is a very strong and clear intent to avoid running an illegal site -- that's why they index instead of hosting anything copyrighted. They keep doing less and less, to avoid crossing the line (does isohunt even have their own tracker?). But The Man keeps moving the line.

      I guess the next step will be to add Yet Another layer of indirection; p2p searches for metadata. We'll end up going back to Gnutella (or something), but to download torrent files rather than the content itself. If the law changes again, then people will use the p2p program to search for keywords to download randomized search hashes to then search for the torrents. Obviously, at some point, it'll get so indirect that the illegality will be even less than a person saying, "I heard there's free movies on the internet." When they outlaw that then they'll have outlawed speaking about the topic at all, and the MPAA won't even be able to tell people that they've been sued, because any reference at all will be too much reference.

    55. Re:Bah....Bah by Jawn98685 · · Score: 2, Insightful

      Since when is running a database illegal?
      That's all any tracker is. What, exactly, is illegal about "file sharing" per se?
      IsoHunt, TBP, et al have never passed a single byte of copyrighted content across their servers. So where is this illegality you speak of?
      Here, let me help...
      Where it does exist (and you'll get no argument from me on that point) it exists on the machines of, and in the actions of, those who illegally share copyrighted material.

    56. Re:Bah....Bah by Lemming+Mark · · Score: 3, Interesting

      Whatsmore, Google makes it easy for a user to find known piracy websites, so they're complicit! If we say that linking to pirate stuff, not the act of copying it, is also illegal then how many steps removed do you need to be before it becomes OK? This is why I don't like the apparently common point of view that these sites "might as well" be infringing copyright.

    57. Re:Bah....Bah by aztracker1 · · Score: 1

      That's where arguing against torrent sites, and even Napster is imho a grey area legally. As the argument is they induce copyright infringement and a large part of the purpose behind their sites/apps is infringement. There are plenty of torrent trackers that are exclusively free/legal content, they aren't being prosecuted, and are the biggest reason that torrents are as protected as they have been despite many claims that the protocol should be illegal.

      --
      Michael J. Ryan - tracker1.info
    58. Re:Bah....Bah by aztracker1 · · Score: 1

      Except the authors put the content on the web publicly... There are paywall and privacy solutions if they didn't want their content able to be found via search engines.

      --
      Michael J. Ryan - tracker1.info
    59. Re:Bah....Bah by Mathinker · · Score: 1

      > whereas with IsoHunt it's just the opposite.

      Ah, so if I feel like taking down a search site, I just have to have enough money to get a lot of people to post on their blog "Use YYY-site to find the latest blockbuster movie!", and then sue that site into the ground?

      This doesn't seem reasonable. (BTW, I think we should coin a new term for such attacks --- they are Denial-of-Legality attacks.)

    60. Re:Bah....Bah by sopssa · · Score: 1

      You're missing the point. The whole indirection thing doesn't matter as long as your sole purpose is to link to copyrighted material.

      If you're going to use Gnutella or similar for searching the torrents, then you might just as well use the same network for the file transfers.

    61. Re:Bah....Bah by burris · · Score: 2, Insightful

      WRONG. It is well known that sites like IsoHunt have significant noninfringing uses because significant refers to the quality of the use, not the quantity (see Grokster.) Obviously, torrent trackers are great for distributing noninfringing material cheaply, which is a significant use.

      Significant noninfringing use, DMCA Safe Harbor, fair use, etc... none of that applies if your intent was to help people infringe and profit from it. The public record abounds with Fung's intent. Fung got up on TV and bragged about how the reason people were coming to his site was to get a free copy of The DaVinci Code. The "titles" for users in his online forum were all references to piracy. There's a lot more in the court documents.

      Fung is going down because of his own thoughts and words, not because he was unable to prove that his site is good for things other than infringement.

    62. Re:Bah....Bah by aztracker1 · · Score: 2

      In the past it was "the depth of your pockets and the size of your army" .. not specifically a legal army, but a real one. :)

      --
      Michael J. Ryan - tracker1.info
    63. Re:Bah....Bah by aztracker1 · · Score: 1

      But then I can't watch the latest episode of LEGAL_VIDEO_TORRENT in 10-20 minutes after I start the download.

      --
      Michael J. Ryan - tracker1.info
    64. Re:Bah....Bah by aztracker1 · · Score: 1

      That and your upload/download speeds are far closer to synchronous than your typical home broadband. ;)

      --
      Michael J. Ryan - tracker1.info
    65. Re:Bah....Bah by Mathinker · · Score: 1

      > But sue a few customers and everything changes.

      Yes. I would sincerely hope so. You did use "customers" instead of "evil non-paying pirates" intentionally, right?

    66. Re:Bah....Bah by Dragonslicer · · Score: 1

      ...seems like your saying that if accused you need to prove your innocence. Where is the presumption of innocence...

      It's in criminal courts where it actually applies.

      Demonstrating non-infringing use can only prevent having your site shut down completely after the judge rules against you for not removing copyrighted material after being notified.

    67. Re:Bah....Bah by icebraining · · Score: 1

      You could've instead used an anonymous VPN, like http://www.ipredator.se/

    68. Re:Bah....Bah by mweather · · Score: 1

      Where is the presumption of innocence,

      In criminal court.

    69. Re:Bah....Bah by sopssa · · Score: 0, Redundant

      You don't seem to understand that your intention counts too. If you're knowingly linking around to copyrighted content, your "but it's just metadata! we dont host it!" is not going to work, especially if you make it as obvious as TPB, Mininova and IsoHunt have been.

      If you disagree with me, just see court results for every single one of these and in different countries too - TPB in Sweden, Mininova in Holland and Isohunt in US.

    70. Re:Bah....Bah by mweather · · Score: 1

      The size of your army is directly proportional to the depth of your pockets.

    71. Re:Bah....Bah by Runaway1956 · · Score: 1

      You are exactly right. We hear this same stupid shit about "guns kill", "speed kills", "speed kills" (the OTHER kind of speed, lol), "knives kill", etc ad nauseum. In this case, it is "torrents kill" corrupt business models.

      Phhht. Once again, the vast bulk of all my torrented material has been LEGAL STUFF. Yeah, of course I grab something that is pirated from time to time, but not much. Most of the pirated stuff isn't worth anything, which is why I won't buy it!

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    72. Re:Bah....Bah by Anonymous Coward · · Score: 0

      You can move it; just make a softlink from where it was to where it is.

    73. Re:Bah....Bah by Steve+Max · · Score: 2, Insightful

      Google The Big Bang Theory torrent: 98% of the first page are copyright infringement (and the remaining 2% are Mininova, which gained a big PageRank when it had illegal torrents). How is that different from searching "The Big Bang Theory" on a torrent specialized site such as Isohunt? But they go after Isohunt and not Google, when the exact same query gives the exact same results. And yes, "The Big Bang Theory" in a torrent-only search is the same as "The Big Bang Theory torrent" in a general search.

    74. Re:Bah....Bah by Pentium100 · · Score: 1

      So, I just google "release scene site" and find a way in, right? Do they also have archives of old stuff or is it just the 0day releases?

      In any case, private trackers do not suck, at least not because of the reason that you stated. Yes, private trackers enforce ratio, but that also means that there are less hit-and-run leechers and more torrents have seedeers. I give back what I take either way, so that is not a problem to me. What is a problem is that less people download, so the "giving back" part might take a long time, even if the "taking" part is faster.

      For some reason, a lot of people do not want to seed, but expect everyone else to do it. At least private trackers make sure that everybody keeps a good ratio.

    75. Re:Bah....Bah by mattack2 · · Score: 1

      But Google points you to the actual copyright holders' (or licencees') pages, and as far as I understand, these other sites point you to a place to infringe on copyright. How is that not like being the getaway(*) driver. That's almost a car analogy.

      (*) Get-a-there driver would be a more accurate analogy in this case.

    76. Re:Bah....Bah by Ltap · · Score: 1

      It's interesting that more and more stuff is being put on private trackers, completely changing the dynamics of things. Instead of being a large, massively distributed system, it's a small, private system between groups of hard-to-pin-down people.

      --
      Yet Another Tech Blog
      (but so much more, including game and movie reviews)
      http://yanteb.peasantoid.org
    77. Re:Bah....Bah by Ltap · · Score: 3, Insightful

      It doesn't matter. Once you say "oh, it's 99% copyrighted anyway", you're basically saying that a site that has some copyrighted material (but isn't devoted to it) still deserves to be shut down. This would provide an easy way to take down any site that allows media uploads: 1. Upload copyrighted material, 2. Report it, 3. Site is taken down. It basically allows any site to be taken down for very weak reasons.

      --
      Yet Another Tech Blog
      (but so much more, including game and movie reviews)
      http://yanteb.peasantoid.org
    78. Re:Bah....Bah by dissy · · Score: 2, Informative

      There are plenty of torrent trackers that are exclusively free/legal content, they aren't being prosecuted

      Untrue.

      The RIAA presses suits against indie bands distributing their own music they made for a price they choose (Torrents and free respectively), for copyright violations.

      It doesn't matter that they are in the right, what matters is it costs years worth of pay to purchase time in court to prove it.

      The copyright holder industries have shown time and time again that the only thing they want is to be the sole distribution (at a cost) of all musical media.
      Their statements, actions, and behavior all indicate they feel entitled to all music in existence, and how DARE anyone try to steal money from them by making your own music.

      Shutting down legal music torrent sites with copyright take down notices and lawsuits, is proof that any amount of infringing material from 0% up to 99% is justification to them, and they have (and will continue until slapped down hard in court) to do so.

      As for the site operations intentions to induce mass scale copyright violation... That is solidly not legal however, so your overall point is correct on that alone.

    79. Re:Bah....Bah by Ltap · · Score: 2, Insightful

      It's easy. Compare the cost of each. With one, they might potentially lose money. With the other, they lose lives. And money wins over lives every time.

      --
      Yet Another Tech Blog
      (but so much more, including game and movie reviews)
      http://yanteb.peasantoid.org
    80. Re:Bah....Bah by Junior+J.+Junior+III · · Score: 1

      Yes, but generally speaking, what google links to is being hosted on servers which have the copyright holder's permission to host and distribute the material. Obviously, not 100% of what google indexes is content hosted by the copyright holder, but it's not 99% infringing, either.

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
    81. Re:Bah....Bah by genner · · Score: 1

      Get a dialup connection. I've received 3 notices from my DSL provider, but absolutely nothing from my 56k Dialup provider. For whatever reason dialup bittorrenters seem to be ignored.

      And no it isn't that slow. Figure 2 episodes downloaded while you're sleeping, and 2 more while at work == 4 new episodes a day that I can watch when I get home.

      .....or I could download all 4 in about 20 minutes while I post on this form with my 5mb connection.

    82. Re:Bah....Bah by ooshna · · Score: 1

      don't forget when it started back with supernova and lokitorrent

    83. Re:Bah....Bah by bug1 · · Score: 0

      Agreed, to legally use copyright material you have to get permission prior to usage.

      When someone opens a webpage it copies copyrighted material without prior permission, that fact that the copyright holder has made it easily available to the public does not amount to a legal agreement authorizing the copying of the material.

      Because everybody with an internet connection probably violates copyright every day, copyright law can only be enforced selectively, which is immoral (it may even be illegal to selectively enforce the law, IANAL).

      Torrent sites are being judged badly because they are helping people to knowingly violate copyright. With google and the internet generally everyone is still ignorant about the fact that they are violating copyright.

      I suggest we spread the word about the fact the using a web browser on any site is probably violating copyright, drag these people off their high horse.

      Looking forward i think we need a clear legal separation between personal and commercial _use_ of an authors work.

    84. Re:Bah....Bah by Anonymous Coward · · Score: 1, Interesting

      You ask me for a file, I tell you to search Google for it, with Google you find the site isohunt, with iso hunt you find a torrent seed. With that seed, you use a bitorrent client to start downloading that file. You put that file on your external hard drive. What legal criteria is used to determine where in this process where it became illegal? The RIAA and MPAA is confusing convenient for them with illegal for you.

      Another issue. You steal my wallet and buy a few CDs with the money but eventually get caught, you face a $500 fine and possible jail time. In reality this being your first offense, you will probably get nothing but maybe a small fine consisting of court costs and I might get some of my money back. You steal my CD from the floor of my car, same thing. You download a copy of a copyrighted song and suddenly you are subjected to fines that are in excess of $5k-50k per song. Wow, the RIAA and MPAA must have some friends in the federal government. You steal a physical product from me and I get basically nothing and you get a slap on the wrist, you make a copy of a song from them that costs nothing (possibly $0.39 from them if you would have even bought it) and you are completely phucked. People wake the hell up up and think about that!

    85. Re:Bah....Bah by bug1 · · Score: 1

      Making stuff available does not give people legal permission to copy it.

    86. Re:Bah....Bah by jim_v2000 · · Score: 0, Flamebait

      It is the same fucking thing. The torrent system is useless without .torrent files, thus hosting the torrent files is equivalent to hosting the files. The torrent clients have no other way of knowing where to get a file.

      At the very, very least, I might concede that it's aiding and abetting copyright infringement.

      --
      Don't take life so seriously. No one makes it out alive.
    87. Re:Bah....Bah by mdwh2 · · Score: 1

      If you measured by volume, it wouldn't surprise me if most material transferred on the Internet full stop was infringing material, not just on the p2p search engines. Are we going to shut down Google and the ISPs then?

      Google's intention is completely different and they act on removal notices.

      So is IsoHunt willing to respond to specific removal notices? Here they're being told to remove everything - are you telling me that Google would comply to a blanket "remove everything that points to an infringing torrent or file"? And that an ISP would also be able to comply to a blanket "stop transferring anything that's being pirated"?

    88. Re:Bah....Bah by bug1 · · Score: 1

      "The thing that accused infringement-aiding sites have to prove is that they have significant non-infringing uses."

      So your saying that google is ok because they only violate copyright law sometimes, whereas isohunt is bad because they violate copyright law most of the time ?

      If a person sometimes steals (i know bad analogy), are they less guilt of theft than someone who steams most of the time ?

      I find it really hard to believe that a position like that can have any serious legal standing...

    89. Re:Bah....Bah by shutdown+-p+now · · Score: 3, Insightful

      Since one cannot read minds, the best way to determine intention of a service provider is to see how they react to take-down notices (and similar requests to cooperate). TPB was nailed precisely for that thing - they not only ignored them, they cataloged them (thus proving that they have received and read them), and then ignored them.

      But, so far as I know, IsoHunt does respect take-down requests. In fact, it complies with DMCA rules for that. So long as they do that, I don't see why allegations of aiding copyright infringement should have any substrance.

    90. Re:Bah....Bah by Barny · · Score: 1

      Now I am confused, isn't the point of this article that they received an order to take down all links to content known to be illegal on their site, and they say "but that would put us out of business".

      That means they are in the wrong business ;)

      As someone in a thread above pointed out, search engines receive safe harbour so long as they swiftly comply with any legal orders to remove links to copyrighted works.

      --
      ...
      /me sighs
    91. Re:Bah....Bah by Pentium100 · · Score: 1

      As for a file server, why not put the torrent ap on the file server and use remote web control. utorrent and az both have decent web uis...

      I have a different computer for p2p programs, uT, ed2k and others. I control it via remote control. uTorrent has an OK remote web UI, but last time I checked, it did not allow me to specify where I want the downloaded file saved.

      That computer also has vmware server installed and runs some virtual machines. It has 3x 18GB hard drives and 1x 300GB hard drive for p2p downloads.

      Why don't I put uT in my file server? The file server is more likely to crash (because it is also used for recording DVDs and tapes; sometimes the DVD drive goes nuts and the only way to restore its function is to reboot the server), also, with uT running, my access to files on shared drive is slower.

      300GB should be enough for torrents that are either downloading or completed, but with ratio 1.

    92. Re:Bah....Bah by Anonymous Coward · · Score: 0

      Speaking of google, try searching with filetype:torrent and you get the equivalent of isohunt

    93. Re:Bah....Bah by textstring · · Score: 2, Informative

      They don't even host the actual torrent files.

      So why does every torrent's that I download from isoHunt filename start with [isoHunt] ?
      If they were a neutral strictly search site they wouldn't be drawing so much attention.

    94. Re:Bah....Bah by j-turkey · · Score: 1

      There are plenty of torrent trackers that are exclusively free/legal content, they aren't being prosecuted

      Untrue.

      The RIAA presses suits against indie bands distributing their own music they made for a price they choose (Torrents and free respectively), for copyright violations.

      Citation requested, please.

      --

      -Turkey

    95. Re:Bah....Bah by shutdown+-p+now · · Score: 1

      If I understand TFA correctly, the order was to take down all functions of his website (indexing etc) that deal with any .torrent files.

    96. Re:Bah....Bah by carp3_noct3m · · Score: 1

      AGPJPT. Say it with me. All good pirates join private trackers. Or scene groups. Good rules of 1-1 or 2-1 ratios keep the world spinning. Also, if no one said it, the internet + cencorship = new tech to bypass it! yay. Long live the dark belly of the internet.

      --
      "It's ok, I'm completely secure as long as my iron is off"
    97. Re:Bah....Bah by Idiomatick · · Score: 1

      If I do recall that feature is available in azureus (i stopped using it a few months after vuze stupidity). So you could try it out... Atleast the sold out crap will be invisible if you use it over web ui.

      What specifically you are looking for is a 3rd stage folder. Downloads -> Downloaded -> Done_seeding/Removed. The 3rd folder could be on your NAS. After a bunch of snooping around it is definately not available in utorrent, with like 5million people requesting it over the last 6 or more years. :/ boo closed source since it is such an easy thing to add codewise.

    98. Re:Bah....Bah by Idiomatick · · Score: 1

      Forgot to link: http://forum.utorrent.com/viewtopic.php?id=40516

      Incase you really prefer utorrent to vuze. Seeing that you have two servers I'm going on a limb and saying you can script this :P.

    99. Re:Bah....Bah by Pentium100 · · Score: 1

      I do it manually now. When I need some free space on the downloads drive, I stop seeding one or more torrents and move the files to whatever hard drive has enough space free.

      Files still downloading are in the same folder as completed files, however, I don't download all files to the same folder, I split them up according to type (anime/live action/music/software/books), but I do that when I am adding the .torrent, not after it is finished.

    100. Re:Bah....Bah by Barny · · Score: 2, Insightful

      The founder of popular Bit Torrent site IsoHunt, Gary Fung, has been ordered to remove the .torrent files for all infringing content—an order that could result in the site shutting down.

      He was told to take down illegal torrents, the same as google could be told to take down links to copyrighted works, if he refuses to comply, he loses safe harbour.

      --
      ...
      /me sighs
    101. Re:Bah....Bah by Anonymous Coward · · Score: 0

      Probably something in the lines of "today".

    102. Re:Bah....Bah by shutdown+-p+now · · Score: 1

      Again, are you sure you're understanding it correctly? I've re-read the article again, and the closest I can get to your interpretation is that he was ordered to take down all illegal torrents (i.e. the burden is on him to figure out which torrents are illegal) - not that he has been handed an exhaustive list of torrents that are claimed to be illegal (as it goes by DMCA).

      Also, since this all happens in Canada, DMCA rules don't apply here.

      I didn't actually know if there are any safe harbor laws in Canada, so I had to go and Google - and sure enough, it is there in the Copyright Act:

      2.4 (1) For the purposes of communication to the public by telecommunication, ...
      (b) a person whose only act in respect of the communication of a work or other subject-matter to the public consists of providing the means of telecommunication necessary for another person to so communicate the work or other subject-matter does not communicate that work or other subject-matter to the public

      In other words, a safe harbor if all you do is provide a communication channel.

    103. Re:Bah....Bah by perryizgr8 · · Score: 1

      i love tpb. isohunt guys are just wimps. tpb shutting down its trackers has been a good move imo. dht is better.

      --
      Wealth is the gift that keeps on giving.
    104. Re:Bah....Bah by perryizgr8 · · Score: 1

      interestingly, i couldn't care less about that news. because i'm not in the us! that's probably the only good thing to come out of living in india. we have so many real life problems, no one cares about the internet. and even if i have to give up bittorrent i can walk 500 meters to the nearest market and buy any game/movie for pc/xbox/ps3 for ~50 bucks. of course i'll stop paying 1000 bucks for unlimited internet then.

      --
      Wealth is the gift that keeps on giving.
    105. Re:Bah....Bah by perryizgr8 · · Score: 1

      maybe he should have used 'consumers'?

      --
      Wealth is the gift that keeps on giving.
    106. Re:Bah....Bah by Anonymous Coward · · Score: 0

      "as far as I understand". Herein lies the problem. You don't understand. You don't understand any more than Senator Wotsisname ex Illinois who clearly demonstrated his inability to even switch ON a computer on Apprentice recently, does. I shudder to think of people like this making legislation for anything more complicated than a toaster.

      Search for a torrent hash on google. Here, try this: http://www.google.com/search?q=bones+filetype%3Atorrent

      Oh, look. The current episode. Which basically proves that Google are ACTIVELY indexing torrent sites. "Google points you to the actual copyright holders' (or licencees') pages". Yeah, ok.

      Anyway. I am a UK citizen with a valid TV license. I work in Africa and pay for various cable services. MOST of the things I like to watch, I have PAID for the right to watch. And since they haven't made PVR's illegal (yet), I also have the right to timeshift them. So what's the difference between watching it on TV, watching it on the PVR, or downloading it off a torrent and watching it at my convenience?

      I'll give you a hint. The first two are legal and the third is me singlehandedly destroying the entertainment industry, if you allow yourself to believe the hype.

      The REAL difference is the first two are legal, and they can't figure out a way to make money off the third. So they spend billions buying laws to make it illegal. And apparently successfully brainwashing people like you.

    107. Re:Bah....Bah by aztracker1 · · Score: 1

      It does, when they put it online publicly, the only way to view it is to effectively transmit a copy of the content. Also, fair use allows for quotes/citations/links.

      --
      Michael J. Ryan - tracker1.info
    108. Re:Bah....Bah by Barny · · Score: 1

      That sounds more like a safe harbour for ISPs if anything, rather than search sites (likely why he is in so much shit).

      The movie studios had brought in expert witnesses stating that a statistical sampling of the content and server logs showed that nearly all of the content infringed copyrights, and about half of the downloads were made within the US.

      I would guess he can start with the torrents that he was in court for in the first place, then could ask the court to ask the MPAA real nice like what the rest of their list is.

      The ownus is (under US law, god why do I know so much about US laws as an Australian citizen) on the copyright owner to submit what content is infringing (I am assuming either file names, metadata or a hash would do the job)

      As you point out (and I didn't notice at all) this is all happening in Canada, so this may be a showing of leniency (possibly leading to a precedent or even a standard practice) by the judge to him, if there is no safe harbour for search/link sites.

      --
      ...
      /me sighs
    109. Re:Bah....Bah by Barny · · Score: 1

      Hold about, the brief is linked and contains as its first 2 lines...

      UNITED STATES DISTRICT COURT
      CENTRAL DISTRICT OF CALIFORNIA

      He was being sued in USA, so all he has to do is remove the stuff they say to and he can walk out of this without losing all his money, his house and anything else the MPAA decide looks nice.

      Beyond that, the Court’s injunction is limited to Plaintiffs’ copyrights and will not substantially interfere with any claimed non-infringing aspects of Defendants’ system.

      In other words, only the things the MPAA gave as evidence to the court would be required to be removed, of course this leaves it open to others to file "me too!" claims. ...

      Ahh the meat :)

      (d) “Copyrighted Works” shall mean each of those works, or portions thereof, whether now in existence or later created, in which any Plaintiff (or parent, subsidiary or affiliate of any Plaintiff), at the time of Defendants’ conduct in question, owns or controls a valid and subsisting exclusive right under the United States Copyright Act, 17 U.S.C. 101 et seq., and which Plaintiffs have identified to Defendants by the title of the work.

      So, they are to give the titles of the works to the defendant and he has to take them down.

      --
      ...
      /me sighs
    110. Re:Bah....Bah by Idiomatick · · Score: 1

      I would probably try out vuze if i were you (switch to classic view to get rid of uglyness). But it will move things when you are done seeding.

      OR if I were lazy I would put completed on the NAS. It is shitty to your lan some since it would still be seeding across the servers which is stupid.

      Orrrrr you could potentially care less about stability and put it on the same computer. Crappy but still possibly better than moving all your stuff around all the time. *shrug*

    111. Re:Bah....Bah by grimdawg · · Score: 1

      Google has the word 'ogle' embedded as a subword.

      Am I to take this as compelling evidence that Google has intent to invade my privacy?

      --
      There are 10 kinds of people in this world: those who understand binary, and nine other kinds of people.
    112. Re:Bah....Bah by shnull · · Score: 1

      what if you were to call it civil disobedience as reaction to a clearly unjust situation instead of piracy ?

      --
      beware he who denies you access to information for in his mind, he already deems himself to be your master (SMAC-ish)
    113. Re:Bah....Bah by shutdown+-p+now · · Score: 1

      That makes sense, thanks for clearing it all up.

      Yeah, looks like a straightforward case of DMCA non-compliance to me, so he's got it coming. One thing I can't figure out, though, is why a Canadian citizen hosting a server in Canada is even bothering to appear before a U.S. court?

    114. Re:Bah....Bah by HopefulIntern · · Score: 1

      Guns don't kill people.

      I kill people.

    115. Re:Bah....Bah by totally+bogus+dude · · Score: 1

      One difference is that Google doesn't actually host the .torrent file. The other, actually important difference is that Google indexes much, much more than copyrighted material located on sites which don't have permission to redistribute. Hence, the "intent" part. isoHunt's intent is to provide an index of mostly-copyrighted material. Google's intent is to provide an index of web content, the vast majority of which is intended by its owners to be indexed.

      Fundamentally, whoever who owns the rights to a particular piece of content is allowed to distribute it or not distribute it under whatever terms they want. They don't have to make sense, they don't have to make that person a profit. They can be completely arbitrary, although probably with a few exceptions.

      So if they choose to say, it's okay to watch it on TV, and it's okay to record it from TV and watch it later so you can skip the ads, but it's not okay to download it via BitTorrent... that's their right.

      What do you have to say to that, smart guy?

      (P.S. I torrent all the TV shows I watch too and wouldn't bother watching them if I had to wait for them to come to free-to-air with ads every few minutes, but I don't try to convince myself I have some kind of "right" to do so. Although I think you ought to have to the right to download anything produced by the BBC.)

    116. Re:Bah....Bah by sopssa · · Score: 1

      They haven't added anything, you just specify what file extension Google seeks for. In this case .torrent.

    117. Re:Bah....Bah by sopssa · · Score: 1

      You download a copy of a copyrighted song and suddenly you are subjected to fines that are in excess of $5k-50k per song.

      No. If you make the file available and possibly upload it to thousands of people, then you have to pay more for the songs. It isn't fines either, it's you paying for damages, big difference. If you're only downloading the song there is no reason to charge you with such high damages and that's why you never see RIAA/MPAA go after people who have only downloaded something (in addition to it being legally more complicated).

    118. Re:Bah....Bah by sopssa · · Score: 1

      Subwords are completely different than a fully, intended word. Funny spot anyway, I haven't ever thought of that.

    119. Re:Bah....Bah by Anonymous Coward · · Score: 0

      Which raises the idea of the obvious next level:

      Torrent clients add small webserver; serve listing of the person's .torrent's; they ask the Google spider to index the "site". A free random temporary domain name can also be arranged trivially. Plausible deniability can also be arranged if the torrent name is a SHA1 hash.

      Suddenly you get millions of "trackers" and Google as the search engine.

      What would MAFIAA do then?
      a) Try to take down Google
      b) Get Google to play whack-a-mole with millions of sites
      c) Sue the millions of people related to those IP addresses
      d) All of the above?

    120. Re:Bah....Bah by sopssa · · Score: 1

      It's not a separate search engine and you adding search terms to the query doesn't change how much illegal content they link to.

    121. Re:Bah....Bah by stonewallred · · Score: 1

      For the record, Google is based in America. Hate speech is not illegal, yet, over here. Not even in a minor illegal way.

    122. Re:Bah....Bah by Anonymous Coward · · Score: 0

      Yeah, so that may be true, but if you think the spirit of the law is on your side you're stupid. Change the law, don't try to skirt it with bullshit technicalities.

    123. Re:Bah....Bah by commodore64_love · · Score: 1

      And tomorrow get a notice from your Broadband provider that you're connection is terminated.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    124. Re:Bah....Bah by Pentium100 · · Score: 1

      I would still be moving stuff around all the time, because the NAS server has 9 hard drives.

      vuze is slow and uses a lot of ram.

    125. Re:Bah....Bah by Anonymous Coward · · Score: 0

      Intent, you say? As far as I'm concerned, IsoHunt's intent is to aid those who have the right to have a copy of a certain content (be it because said content is not copyrighted or, despite being so, the author decides to allow people to copy it, be it because the law of their country, for whatever reason, allows them to copy it even without the author's permission) to obtain it. It is not, and never should be, IsoHunt's responsibility if someone else does something illegal, because they have no way to control it.

      As an example of this, it is not illegal to publish certain facts about, say, chemistry. And whoever publishes them can't be considered responsible if someone else uses that information to make explosives, or drugs, even if that is illegal.

    126. Re:Bah....Bah by Anonymous Coward · · Score: 0

      They would obviously like to reach a transitive closure. Then they would have no problems banning the entire Internet.

    127. Re:Bah....Bah by Anonymous Coward · · Score: 0

      IsoHunt does, in fact, host torrent files - for example, http://isohunt.com/download/159818449/ubuntu.torrent ("ubuntu-10.04-beta1-desktop-amd64.iso"). They used to rewrite the torrent to add trackers at one point; it looks like they don't anymore.

    128. Re:Bah....Bah by totally+bogus+dude · · Score: 1

      Ah, that is clever. But the bomb/drug making comparison is interesting, as many governments do in fact ban publications that include explicit instructions for making bombs or drugs. That is, specific facts that could be utilised in order to make a bomb are okay, but step by step instructions are not. The courts decide where the line is drawn between "information" and "instructions".

      Or in other words, if the primary purpose of the publication appears to be to provide instructions for how to do something illegal, then it can be deemed illegal itself.

      One measure of that is to look at who's buying/using that publication, and what they're using it for. If the majority of the users are legitimate, e.g. students studying chemistry and using it as a reference text, then it's likely to the considered okay. If the majority of the people using it are building bombs and blowing things up with them, then it's likely to be considered not okay.

      Apply the same logic to IsoHunt and the answer is pretty obvious. The majority of people using the service to assist them with downloading things don't have the legal right to do so. Not even a significant minority do.

      The law doesn't get care about technical "loopholes". You can't go around selling marijuana on the street (assuming it's banned in your country) and then say "well I just assume my customers have permission to use it on medical grounds, it's not up to me to verify their claims" and expect to be allowed to go on your merry way.

    129. Re:Bah....Bah by Anonymous Coward · · Score: 0

      True that. But since the admin of IsoHunt has no way to determine who has the right to have a copy of a certain content (and neither do you, so I'm disregarding your nonsense about "the majority" of its users), and what his website does is merely tell people where to find a certain content so they can make that copy which they may or may not have the right to make and have, it cannot be proven that the primary purpose of IsoHunt is to provide instructions to do something illegal, because making a copy of a certain content is not in and of itself, something illegal. It may or may not be illegal depending on the content (for example, making a copy of child porn, or in some countries, a snuff movie)and/or the person making the copy (and in this case, it depends, at least, on the law of wherever said person lives, and possibly on other factors). So, in short, IsoHunt cannot be considered illegal solely because of that.

      Also, your example of selling marijuana is not exactly valid, because IsoHunt is not a drug dealer, merely someone who knows how to find a drug dealer and will tell you how if you ask nicely.

    130. Re:Bah....Bah by totally+bogus+dude · · Score: 1

      Ah, but it doesn't need to be proven beyond any doubt, only beyond reasonable doubt. And after many years of back-and-forth, they have decided that.

      How? Well, it's not that hard. Take a large random sample of the content they're helping people to find, and then find the owners of the copyright on that content, and ask if the site it's on has their blessing to be distributing the content. Unless you cherry pick the tiny handful of legitimate items that are indexed by IsoHunt, the overwhelming majority of content is being provided by people who have no rights to do so.

      Let's go with another analogy. IsoHunt have built a robot that can automatically detect moving target dummies on a firing range and shoot them with a reasonable degree of accuracy. Let's also imagine that doing such a thing is perfectly legal in their jurisdiction. Nothing wrong with that. Except their firing range happens to intersect with a busy sidewalk and people are wandering into the line of fire without even knowing it. Needless to say, many of these people are ending up dead as a result of this.

      Do you think an "we can't help it, our bot just shoots anything that moves and looks kind of like a target dummy" excuse will get them out of murder and/or manslaughter charges? Do you really believe it should?

      Again, the law isn't going to be impressed by technical loopholes. The fact that someone, somewhere might have a legal right to download and view Alice in Wonderland doesn't magically give someone the right to make it available for anyone who asks for it.

    131. Re:Bah....Bah by Anonymous Coward · · Score: 0

      Unfortunately google doesn't host the .torrent files.

    132. Re:Bah....Bah by Dr.Syshalt · · Score: 1

      Obviously, not 100% of what google indexes is content hosted by the copyright holder, but it's not 99% infringing, either.

      It depends on your query

    133. Re:Bah....Bah by Luther+Blisset · · Score: 1

      But that's the thing: the site is NOT distributing any content. And nobody has the means to know if the PEOPLE who are actually distributing it have the right to do so (or even if they know that they're distributing it; yes, some people are THAT dumb).

      And speaking of dumb, your analogy is pretty dumb.

    134. Re:Bah....Bah by Luther+Blisset · · Score: 1

      You're missing the point. The whole indirection thing doesn't matter as long as your sole purpose is to link to copyrighted material.

      Which is not the sole purpose of IsoHunt.

    135. Re:Bah....Bah by totally+bogus+dude · · Score: 1

      "Not distributing content" is the technical loophole I'm talking about it. It doesn't matter if the site is distributing content or not. What matters is if the site is materially contributing to copyright infringement. And the copyright holders know if the people distributing it have the right to do so, and they have overwhelmingly said that no, Joe Torrent does not have a license to distribute their content. The proof of that is the fact that these companies who own the copyright are spending their own time and money to sue both people who are distributing it, and people who are assisting with the distribution.

      The courts have been through this over several years. They've sampled the data and checked if it's infringing or not. They have a good idea of the ratio of the content the site links to which is legit and infringing. Over several years they've found what any rational person would find: the vast majority of content that isoHunt links to is not being distributed with the consent of the copyright holders.

      Please elaborate on why the analogy is "pretty dumb". Aside from the hyperbole of comparing copyright infringement to wanton murder, it captures the spirit pretty well: the target dummies represent the fabled legitimate content and/or legitimate downloaders that are used to defend the legitimacy of the site; the firing range represents the sites that are indexed by their crawler, i.e. the "scope of operations"; the people wandering through represent the copyrighted material that is "inadvertently" being indexed and the ratio of people to targets suggests that the firing range is in a sub-optimal location; and the killer robots represent the software isoHunt use to run the site, which is quite understandably unable to differentiate between the two types of "targets".

      By comparing it to actually killing people, we push aside the "but it shouldn't be illegal to download movies!" argument by using something that very few people would argue should be legal. Clearly, it's grossly negligent to allow your bots to keep operating if they accidentally kill a person. Letting them keep operating while they kill many more people than target dummies would undoubtedly make you criminally responsible for the deaths.

      Whether or not sharing entertainment content should be allowed or not is not the issue, and if you think it should be allowed then hiding behind "but we're not actually distributing the content" is not the answer. Unless of course you think mass lawsuits against hundreds/thousands/more of individuals is a good thing. Because if you say "you can't sue the indexer, only the actual downloaders" then the companies aren't going to go "oh okay, in that case it's too hard, never mind". They're going to do exactly that, and most people don't have the resources, time or skills needed to ensure they get a fair trial.

      And even if they did get a fair trial, most people would be found guilty, anyway, because they are.

    136. Re:Bah....Bah by Barny · · Score: 1

      Well, their case looks to be because 95% of his clients are US based and I doubt he would want to be sued in Canada anyway since they don't appear to have safeharbour at all for him.

      And its not like Canada wouldn't deport him if the US asked nicely.

      --
      ...
      /me sighs
    137. Re:Bah....Bah by shutdown+-p+now · · Score: 1

      Well, their case looks to be because 95% of his clients are US based

      That explains why he's being sued in U.S., for sure. It still doesn't mean that he should bother acknowledging U.S. jurisdiction over this, however.

      I doubt he would want to be sued in Canada anyway since they don't appear to have safeharbour at all for him.

      Well, it is still something that could be debated in court, on whether that law applies to him. And, unlike DMCA safe harbor, it's not conditional on accepting take-down requests.

      And its not like Canada wouldn't deport him if the US asked nicely.

      It likely wouldn't, since, traditionally, countries don't deport people if whatever they did to warrant a request for extradition is not a crime in the country of origin, or if the penalty is disproportionally stiffer - "dual criminality". For Canada, the threshold for extradition is that there must be evidence that the crime would be illegal in Canada, and could have been punished by 2 or more years in prison. There's also the requirement that conduct for which the person is charged must have occurred on a territory over which the country requesting extradition has jurisdiction, and how this could be applied in this case is unclear (after all, the servers are still in Canada, and the owner resides in Canada).

      Lately UK and Australia specifically have been two exceptions, rubber-stamping extraditions of their own citizens who never even left their borders to U.S. However, those two countries have had their policies largely aligned with those of U.S. on most issues. Canada is more reserved about its own interests.

      Furthermore, specifically in area of copyright and IP laws, Canada has (and continues to) vehemently resist strong pressure from U.S. to amend those laws, including stiffer penalties etc. On such a background, a U.S. request to extradite a person to be charged with copyright infringement would likely be rather negatively viewed by most Canadians, and the government here is generally more concerned about popular support.

    138. Re:Bah....Bah by Luther+Blisset · · Score: 1

      "Not distributing content" is the technical loophole I'm talking about it. It doesn't matter if the site is distributing content or not. What matters is if the site is materially contributing to copyright infringement. And the copyright holders know if the people distributing it have the right to do so, and they have overwhelmingly said that no, Joe Torrent does not have a license to distribute their content.

      Allow me to disagree: the admin of IsoHunt not only does not have the means to know if any given user of his website has the right to make a copy of a certain content, he also has no way to know if aiding any given user to make that copy is contributing to copyright infringement. And the same goes for the copyright holders. They say Joe Torrent does not have that right, but they really don't know, because they have no means to verify where Joe Torrent lives and/or if he bought a copy of the content (two of the dozen or so of circumstances that would give Joe Torrent that right).

      The proof of that is the fact that these companies who own the copyright are spending their own time and money to sue both people who are distributing it, and people who are assisting with the distribution.

      Sorry, but that proves absolutely nothing. Also, note that they're not being successful everywhere. In fact, they're not doing that everywhere, mainly because they know they can't.

      The courts have been through this over several years. They've sampled the data and checked if it's infringing or not. They have a good idea of the ratio of the content the site links to which is legit and infringing. Over several years they've found what any rational person would find: the vast majority of content that isoHunt links to is not being distributed with the consent of the copyright holders.

      And that is relevant, how exactly? Oh, yeah, you're assuming the world ends at the USA (or any country with a similar legal system). Well, take a look at most of Europe.

      Anyway, the fact still remains that neither the owners of the content nor the admins of websites can know for sure if there's actually any infringement.

      Please elaborate on why the analogy is "pretty dumb". Aside from the hyperbole of comparing copyright infringement to wanton murder, it captures the spirit pretty well: the target dummies represent the fabled legitimate content and/or legitimate downloaders that are used to defend the legitimacy of the site; the firing range represents the sites that are indexed by their crawler, i.e. the "scope of operations"; the people wandering through represent the copyrighted material that is "inadvertently" being indexed and the ratio of people to targets suggests that the firing range is in a sub-optimal location; and the killer robots represent the software isoHunt use to run the site, which is quite understandably unable to differentiate between the two types of "targets".

      It's dumb because the law forbids shooting indiscriminately if it endangers people or property (even if you don't actually hit anyone), whereas the law doesn't forbid making copies of contents. And before you say it, yes, I am aware that some laws in some countries forbid it under certain circumstances. But there's none that forbids it under any circumstances.

      By comparing it to actually killing people, we push aside the "but it shouldn't be illegal to download movies!" argument by using something that very few people would argue should be legal.

      Actually, the comparison is fallacious, and thus inadequate. And it brings morals into a question where they should not be brought, by means of comparing actions universally regarded as immoral, and thus universally considered illegal (murder), to actions not universally regarded as immoral, and thus not universally considered illegal (making copies of copyrighted content).

      Clearly, it's grossly ne

    139. Re:Bah....Bah by Luther+Blisset · · Score: 1

      hosting the torrent files is equivalent to hosting the files.

      As much as knowing where Joe Dealer sells drugs is equivalent to selling drugs. Which is to say, not at all.

    140. Re:Bah....Bah by bug1 · · Score: 1

      It does, when they put it online publicly

      So are you saying that if an author puts their GPL'ed software "online publicly" then anyone can copy it without worrying about a copyright agreement ?

    141. Re:Bah....Bah by DelShalDar · · Score: 1

      I'm wondering if the whole problem with such sites could be "solved" by simply putting a little check-box on the submission form that states "The material being submitted does not violate current copyright law in my area" and any submission that doesn't have that check-box checked just doesn't get added. Then the responsibility all rests on the submitter to verify that the content is legitimate, and not the site's.

      After that, the DMCA (or whatever site-local equivalent) will be able to handle the cases where the submitter lied, and they go after the submitter, and not the site.

    142. Re:Bah....Bah by WhatAmIDoingHere · · Score: 1

      magnet:?xt=urn:btih:99e7c40ef7f132ee7b1977b4e04b18e4f65747d0&dn=Fringe.S02E16.HDTV.XviD-LOL.avi&tr=http%3A%2F%2Ftracker.publicbt.com%2Fannounce

      According to you, I just posted the most recent episode of Fringe.

      --
      Not a Twitter sockpuppet... but I wish I was.
    143. Re:Bah....Bah by Luther+Blisset · · Score: 1

      Way to miss the point (protip: there's a difference between making stuff available, and making stuff available online, and between the copy you make in order to access material published online and the copy you make when you download from a P2P network or a DL site).

      Also, I see no problem in merely copying (that is, making copies) of GPL'd software. The license allows that. A completely different thing is what you do with these copies, of course.

    144. Re:Bah....Bah by Khyber · · Score: 1

      Guess you've never checked a google cache, have you?

      Yes, they DO have the torrent files.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    145. Re:Bah....Bah by totally+bogus+dude · · Score: 1

      They say Joe Torrent does not have that right, but they really don't know, because they have no means to verify where Joe Torrent lives and/or if he bought a copy of the content (two of the dozen or so of circumstances that would give Joe Torrent that right).

      There aren't many jurisdictions which give you the right to download a copy of copyrighted material just because you've bought a copy in another format. Even fewer give you the right to give someone copyrighted content if that someone else happens to have already bought a copy. Imaginary rights don't matter, even if they are morally sound and ought to be real rights.

      This is completely irrelevant, of course. It doesn't really matter if an individual has the right to download some particular copyrighted content, because the site they're downloading it from does not have the right to distribute it (or to assist in its distribution). isoHunt is not indexing torrents hosted and blessed by the copyright holders. This is not difficult to determine, despite what you want to believe.

      It doesn't matter if you believe, like me, that fighting this kind of distribution is harmful to their business. If they want to spend millions of dollars making a movie and then make actually watching it so difficult that nobody does causing them to become bankrupt, then that's their right. Even if it is stupid and short-sighted.

      Well, take a look at most of Europe.

      I don't really see how European laws affect rulings by the Canadian court system about a site hosted in Canada. I don't imagine the German courts would allow a German site to host pro-Nazism content because it happens to be perfectly legal in the United States.

      Your entire argument seems to be based on unlikely possibilities such as "the person downloading it might already own a copy of it", as well as your confusing your own moral code with the actual laws. That was the point of using a comparison to something that was unlikely to register in your own moral code as being okay. These cases are based on the current law, not what Joe Torrent thinks the law ought to be.

      However, this conversation is entirely pointless, as there's simply no way to argue with this kind of dishonesty:

      most people would be found guilty, anyway, because they are

      Short answer: no.

      The likelihood that you actually believe that most people are using P2P to download things (and also upload things) they're legitimately allowed to is... zero. Yet you're willing to tell a bald-faced lie because to be honest would destroy your position.

    146. Re:Bah....Bah by bug1 · · Score: 1

      Also, I see no problem in merely copying (that is, making copies) of GPL'd software. The license allows that. A completely different thing is what you do with these copies, of course.

      Well yes, i could have said it better, but the point remains that you can only copy it if you are in compliance with the license, you cant copy it and ignore the terms of the license.

      Maybe i dont get it, can you explain why its ok for a casual web user to copy copyrighted material that has been made available by the author, but the author not providing a copyright license.

      Do you consider that if an author makes his/her copyrightable material available publicly that there are speical rules that allow it to be copied without a prior agreement with the author ?

    147. Re:Bah....Bah by Luther+Blisset · · Score: 1

      Au contraire, read the GPL again because you must only comply with the license if you distribute the software (be it in source or binary form, with or without modifications), or modify it[1]. If you merely make a copy, there's nothing in the license with which you must be in compliance, since there are no special obligations to those that make a copy because there's no way that in doing so they would breach the license.

      As for your first question, please note that I said there are differences betweeen making something available and making something available online, and between the copy you absolutely must make when you access content published online and the copy you make when downloading something off a P2P network or DD (that is, Direct Download, the prior DL was a typo) site. Not that it was ALWAYS okay to copy copyrighted material. Allow me to explain with an example:

      You are a musician, and you publish a song, or an album. Evidently, it's not the same to publish it by streaming it in your website and by putting it on a CD for sale at stores. To access the later, you must go to the store and buy it, to acces the former you must store a (temporary) copy of the content locally to be able to play it, simply because that's how streaming (or actually, browsing any website) works. Unlike a copy obtained from a P2P network or DD site, that temporary copy is made automatically, with no need for any action by the user in order to make it, and without the possibility to NOT make it. Do you see the difference now?

      Finally, regarding your second question: that depends on the laws of each country.

      [1] Modification is a bit tricky, however. If you modify a GPL software so it is mixed with non-GPL software, technically you ARE breaching the license, but as long as you don't distribute the modified version nobody can know that you are breaching the license.

    148. Re:Bah....Bah by Luther+Blisset · · Score: 1

      There aren't many jurisdictions which give you the right to download a copy of copyrighted material just because you've bought a copy in another format. Even fewer give you the right to give someone copyrighted content if that someone else happens to have already bought a copy. Imaginary rights don't matter, even if they are morally sound and ought to be real rights.

      The fact that you don't know those jurisdictions doesn't mean they don't exist, and the fact that you don't have certain rights doesn't make them imaginary. The vast majority of countries in the world allow (or rather, do not disallow, which is the same given how any sound legal system works) both of those things you mentioned. Also, most European countries allow you to make a copy of copyrighted content even if you haven't previously bought it.

      This is completely irrelevant, of course. It doesn't really matter if an individual has the right to download some particular copyrighted content, because the site they're downloading it from does not have the right to distribute it (or to assist in its distribution). isoHunt is not indexing torrents hosted and blessed by the copyright holders. This is not difficult to determine, despite what you want to believe.

      Again, IsoHunt is not distributing (and is only aiding to distribute it for a very specific, and twisted, definition of "aid") copyrighted content. In which country is it illegal to tell someone that I know a dude who has a certain album or movie? Because that is the only thing IsoHunt does, it doesn't guarantee that this dude will give you a copy of anything, or even that he still has any given content.

      Anyway, even if you were right, since IsoHunt has no way to determine if said distribution is legal, the whole issue is irrelevant. Imagine, for example, that a friend of mine asks me to deliver a sum of money to a certain person that I do not know. Now, that person could be the owner of the apartment my friend rented, or a hitman that my friend wants to hire to kill someone. If he were the later, in any sound legal system I wouldn't be considered guilty of aiding to commit murder.

      It doesn't matter if you believe, like me, that fighting this kind of distribution is harmful to their business. If they want to spend millions of dollars making a movie and then make actually watching it so difficult that nobody does causing them to become bankrupt, then that's their right. Even if it is stupid and short-sighted.

      *agrees*

      I don't really see how European laws affect rulings by the Canadian court system about a site hosted in Canada.

      I never said they did. That was not the point of me mentioning Europe.

      I don't imagine the German courts would allow a German site to host pro-Nazism content because it happens to be perfectly legal in the United States.

      Neither do I. Also, I don't imagine the Canadian courts would disallow a Canadian site to host links to copyrighted content just because distributing said content is illegal in the USA (or in Canada, as long as hosting mere links is not also illegal).

      Your entire argument seems to be based on unlikely possibilities such as "the person downloading it might already own a copy of it", as well as your confusing your own moral code with the actual laws.

      Au contraire. Not only is that possibility not unlikely, it's not even necessary in certain parts of the world (again, most of Europe), and I'm not confusing my moral code with the laws (it's actually you who is assuming all laws are similar).

      That was the point of using a comparison to something that was unlikely to register in your own moral code as being okay. These cases are based on the current law, not what Joe Torrent thinks the law ought to be.

      The thing is, the only one here thinking the law ought to be a certain way is

    149. Re:Bah....Bah by bug1 · · Score: 1

      I think your point is that web browsing isnt violating copyright because its not intentionally storing the copyrighted material permanently.

      Sounds like a reasonable starting point, but i think there is still lots of room for debate.

      It could be argued that its unintentional copyright violation, which is of course still a copyright violation.

      And AFAIK temporary usage (or medium shifting or whatever) is only valid if you have a proper license for the medium your are moving it from, which isnt the case when browsing copyrighted material on the web.

    150. Re:Bah....Bah by totally+bogus+dude · · Score: 1

      Okay, you're not lying, you're just delusional. I apologise.

      as long as hosting mere links is not also illegal

      Well that's the crux of the matter. If it was already established that linking to files whose function is to facilitate copyright infringement was illegal, then there'd be no reason for this to be dragging through the court system. This order, if it goes ahead, would provide an important precedent in establishing that such links are indeed illegal.

      Your argument more or less boils down to "they're only linking to other sites, and linking to things isn't illegal". However it's quite clear that if that was actually an established fact, then this case wouldn't exist and there wouldn't be a slashdot story about it. Rather, this case is about establishing whether or not your supposed fact is actually a fact.

      And so far, it looks like such links will not be protected. While that is disappointing, I do think it's a correct and inevitable interpretation of the current laws in Canada.

      I'll admit I'm making a lot of assumptions about the laws that apply in this particular jurisdiction, however the fact that the case has been before the court for years, and that the judge has proposed this order, suggests that my assumptions are correct and the Canadian laws regarding copyright are very similar to those in my country. Either that or the judge is going to shortly find himself looking for a new job, which would be an excellent and highly amusing result, but one which I consider unlikely enough to dismiss the possibility.

      The arguments used to try to defend this kind of site look about as stupid as all the "X on a computer" or "X on the internet" patents which are regularly derided by the /. community (where X is some very commonplace thing that shouldn't be patentable). You can bet someone who made a living from providing millions of people with references to drug dealers would be charged with something, and his claims that he had no idea that people would actually go and buy illegal drugs from the people he said could supply them with illegal drugs would be laughed at.

    151. Re:Bah....Bah by bug1 · · Score: 1

      Maybe there is an "implied permission", which is briefly mentioned in http://www.copyright.org.au/g057.pdf

    152. Re:Bah....Bah by Luther+Blisset · · Score: 1

      I think your point is that web browsing isnt violating copyright because its not intentionally storing the copyrighted material permanently.

      Not exactly. It's not copyright infringement because it's not intentionally storing the copyrighted material permanently, but also because it is the only way of accessing that particular publication of said material, and because that is the way everyone intends it to work.

      Sounds like a reasonable starting point, but i think there is still lots of room for debate.

      Hardly, for the three aforementioned reasons.

      It could be argued that its unintentional copyright violation, which is of course still a copyright violation.

      But it's not. If the copyright holder intends me to access that content in exactly that way, and furthermore it's the only way to access that particular publication of said content, how is it copyright violation?

      And AFAIK temporary usage (or medium shifting or whatever) is only valid if you have a proper license for the medium your are moving it from, which isnt the case when browsing copyrighted material on the web.

      I doubt that is the case anywhere in the world. It certainly isn't where I live, or in any other country I've been to. If that were the case, any ISP would be liable for copyright infringement.

    153. Re:Bah....Bah by Luther+Blisset · · Score: 1

      Okay, you're not lying, you're just delusional. I apologise.

      Then get off your high horse and apologise again, because I'm not delusional.

      Well that's the crux of the matter. If it was already established that linking to files whose function is to facilitate copyright infringement was illegal, then there'd be no reason for this to be dragging through the court system. This order, if it goes ahead, would provide an important precedent in establishing that such links are indeed illegal *in Canada*.

      Fixed for clarity. Also, note that the function of those files is not to facilitate copyright infringement. At least, not necessarily, and certainly not always.

      Your argument more or less boils down to "they're only linking to other sites, and linking to things isn't illegal". However it's quite clear that if that was actually an established fact, then this case wouldn't exist and there wouldn't be a slashdot story about it.

      Not quite. Linking to things may or may not be illegal, depending, among other things, on what you link to (try linking to child pornography, for an extreme example). My argument is more along othe lines of "it's not illegal for me to tell someone that I know a dude who has a copy of certain content, so why should it be illegal for IsoHunt to do exactly the same?"

      Rather, this case is about establishing whether or not your supposed fact is actually a fact.

      That would require the fact that you seem to think I'm referring to was indeed the fact I'm referring to. And I'm starting to doubt it is.

      And so far, it looks like such links will not be protected. While that is disappointing, I do think it's a correct and inevitable interpretation of the current laws in Canada.

      Fair enough. If the canadian laws do, in fact, state that such links are illegal, then so be it. But then the charges should be "illegal linking of files", not committing (or aiding to commit) copyright infringement. Also, it'd still be a stupid law, and in compliance with said law I'd expect canadian judges to start sending people to prison because they told someone that they know someone who has a copy of [insert your favorite copyrighted content here].

      I'll admit I'm making a lot of assumptions about the laws that apply in this particular jurisdiction, however the fact that the case has been before the court for years, and that the judge has proposed this order, suggests that my assumptions are correct and the Canadian laws regarding copyright are very similar to those in my country. Either that or the judge is going to shortly find himself looking for a new job, which would be an excellent and highly amusing result, but one which I consider unlikely enough to dismiss the possibility.

      *agrees*

      The arguments used to try to defend this kind of site look about as stupid as all the "X on a computer" or "X on the internet" patents which are regularly derided by the /. community (where X is some very commonplace thing that shouldn't be patentable). You can bet someone who made a living from providing millions of people with references to drug dealers would be charged with something, and his claims that he had no idea that people would actually go and buy illegal drugs from the people he said could supply them with illegal drugs would be laughed at.

      *agrees, except on the part about the arguments used to defend this kind of site being stupid*

    154. Re:Bah....Bah by bug1 · · Score: 1

      I doubt that is the case anywhere in the world. It certainly isn't where I live, or in any other country I've been to. If that were the case, any ISP would be liable for copyright infringement.

      ISP is different, there are special exceptions granted for "Common carriers"

      The term i think we are working around as i mention in my other post is called an "implied license", i suspect thats the situation with a web browser.

    155. Re:Bah....Bah by Luther+Blisset · · Score: 1

      ISP is different, there are special exceptions granted for "Common carriers"

      So, is the browser a "common carrier"? Is my computer a "common carrier"? Because as soon as I turn it on, I'm temporarily storing copyrighted content on its RAM. ;)

      The term i think we are working around as i mention in my other post is called an "implied license", i suspect thats the situation with a web browser.

      That must be it, by that name or any other. For example, I'm fairly sure we don't call it "implied license" here, but there are still provisions in our law to make temporary storing or transmission of copyrighted content not illegal under certain circumstances, including but not limited to, that storage or transmission being a necessary part of the process of legally accessing and/or using the content. Thus, an ISP, my computer's RAM, and browsing the web, are not considered infringement.

      Anyway, it'd be funny (though not in a good way) if that was not the case. Imagine something like this: "You visited my website? I'm gonna sue you for a bajillion dollars in damages, you damn pirate!". Absolutely ridiculous. :P

    156. Re:Bah....Bah by bug1 · · Score: 1

      What ive been able to understand (since yesterday hehe) about an implied licence is that its a "common sense" type thing, its a licence to do just enough to achieve a required task.

      For example, when playing a DVD it could be argued there is an implied right to be able to copy it into memory or the play can cache it to disk in order to play it.

      With a website i think there must be an implied license to view the front page, and anything reasonable to achieve the purpose of finding a copyright notice on the site. But it get hairy after that and gets tied into the deep linking cases.

      I think if these people pushing the case that deep linking is bad started winning then this implied license could be reduced.

    157. Re:Bah....Bah by Luther+Blisset · · Score: 1

      What ive been able to understand (since yesterday hehe) about an implied licence is that its a "common sense" type thing, its a licence to do just enough to achieve a required task.

      For example, when playing a DVD it could be argued there is an implied right to be able to copy it into memory or the play can cache it to disk in order to play it.

      Exactly. Hence my example of a computer's RAM.

      With a website i think there must be an implied license to view the front page, and anything reasonable to achieve the purpose of finding a copyright notice on the site. But it get hairy after that and gets tied into the deep linking cases.

      Not at all. The front page is not different from any other page, in that accessing any page in a website actually requires that you temporarily store a copy of it. Since it's required and temporary, and everyone expects it to work that way, all three conditions I previously mentioned apply, and thus browsing a page from a website (be it the front page or any other) clearly falls under the "implied license" provisions.

      Please note that this does not necessarily make linking to torrents (or to the actual content that you would get from that torrent) always legal. The "implied license" provisions only apply to the legal publication of, or access to, copyrighted content (that is, it applies to the songs you willingly publish in your band's website as a promo, but not to the rip of your version for which Joe Torrent uploaded a torrent to IsoHunt, or even to the torrent itself).

      I think if these people pushing the case that deep linking is bad started winning then this implied license could be reduced.

      And then we'd see cases like the one I described earlier about a guy getting sued for visiting someone's website.

    158. Re:Bah....Bah by bug1 · · Score: 1

      The front page is different, its an unprotected point of entry, if they author of the page didn't want you to have access then it wouldnt be created that way.

      A reasonable expectation might be for people to go to the front page and from there check the authors copyright notice. It would be unreasonable to place a copyright notice in a place that requires people to have already agreed to conditions before considering them, but the same argument cant be applied to other content.

      Other pages on the website _could_ be protected by passwords or click through license agreements which state copyright license conditions, i doubt an implied license would cover access to those protected pages, an implied license is only supposed to be minimal.

      Deep link cases i think they are arguing that there isnt an implied license to link to one of those protected pages, that they need a license. The counter is that if it has a URL that can directly access it (as opposed to dynamic content) then the content isnt hidden/protected, its like a front page.

      The torrent file might not be copyrightable as its factual data without significant originality, if its not copyrightable then accessing it cant be a violation of copyright. Also im not aware of a torrent file being considered illegal under other laws (are you ?), the torrent file can be used to assist in violating copyright, just like an ftp/http client or P2P software, but its the act of copying thats the violation, not the instruments used.

      If you break into someones house, the tools you use arent directly relevent, its the resulting actions.

    159. Re:Bah....Bah by Luther+Blisset · · Score: 1

      The front page is different, its an unprotected point of entry, if they author of the page didn't want you to have access then it wouldnt be created that way.

      Absolutely nothing (unless a page is password-protected and you don't know the password) prevents you to visit any other page directly, as long as you know the URL, so the front page is not really different from other unprotected pages. Besides, if the author of the page didn't want you to have access to other pages then he wouldn't link to them.

      Unlinked pages (that is, pages one can only access by knowing the URL), however... But then again, only those who know the URL could access them (except the occasional cracker trying to be where he shouldn't be, but that's probably illegal anyway), and I'd assume if they know the URL they also have the right to access the page. And if you're not linking to it, why make it publicly available anyway? Just require a password to access it.

      However, that's still largely irrelevant, as far as the legality of making a temporary copy for the purpose of browsing any given page is concerned. Because that was the topic of this conversation, wasn't it?

      A reasonable expectation might be for people to go to the front page and from there check the authors copyright notice. It would be unreasonable to place a copyright notice in a place that requires people to have already agreed to conditions before considering them, but the same argument cant be applied to other content.

      Unlikely, for the reasons outlined in the previous paragraph. I think you are seeing problems where there are none. Also, see next paragraph for an example of how it's not always unreasonable to place copyright notices in places you can only access after agreeing to conditions.

      Other pages on the website _could_ be protected by passwords or click through license agreements which state copyright license conditions, i doubt an implied license would cover access to those protected pages, an implied license is only supposed to be minimal.

      Yes, and no. Even if there's a requirement to use a password or agree to a license, there's still an implied license, as long as said implied license is required due to the circumstances of the content or of the way in which it is delivered.
      For example, take any message boards you want. When you sign up, you usually have to go through a document outlining a set of rules that you have to agree to. Said document does not contain a license that allows making a temporary copy of the content, yet it's still legal to browse it. And it's not the front page, and to access it you need a password... And there's a copyright notice in the footer of just about any page of the boards.

      On the other hand, the implied license would only cover very specific acts (the distribution of the content by the ISP, the temporary copy made by the browser, etc), and access to protected pages is unlikely to be one of them, though temporary storage of the content as a result of browsing once you're granted access would be covered by the implied license (just like for unprotected pages, since the only thing that matters is that you have the right to access the content: that right is implied if it's unprotected content, and explicitly given if it's protected and you're granted access by legitimate means).

      So, in short: an implied license only applies to circumstances that require it, and always applies if the circumstances require it.

      Deep link cases i think they are arguing that there isnt an implied license to link to one of those protected pages, that they need a license. The counter is that if it has a URL that can directly access it (as opposed to dynamic content) then the content isnt hidden/protected, its like a front page.

      There's no need for a counter. If it's not hidden or protected, then it's obvious the author intends people to be able to access it. So, why object to something t

  3. they come and they go but there is one constant by krapski · · Score: 5, Insightful

    Pirate sites will go, and others will replace them, but there is a constant: like death and taxes, piracy will go on.

    1. Re:they come and they go but there is one constant by GPLDAN · · Score: 1

      Pirate sites will go, and others will replace them, but there is a constant: like death and taxes, piracy will go on.

      And with that sentiment... it's time for this:
      http://www.youtube.com/watch?v=1loyjm4SOa0

    2. Re:they come and they go but there is one constant by sopssa · · Score: 2, Interesting

      Pirate sites will go, and others will replace them, but there is a constant: like death and taxes, piracy will go on.

      Once the admins and users will start getting jail time and huge fines more often, I'm sure the amount of people wanting to run such a site decreases dramatically. It's not an endless river.

    3. Re:they come and they go but there is one constant by HungryHobo · · Score: 4, Insightful

      People have been saying that since the days when cheap imported sheet music was killing the American music industry.

      In reality people will always do what people do- share art, music and culture with each other.(and pornography of course)

    4. Re:they come and they go but there is one constant by cpghost · · Score: 3, Insightful

      Once the admins and users will start getting jail time and huge fines more often, we would have already moved to more decentralized and anonymous P2P technologies, and if not, such a (predictable) move would just accelerate this migration. And besides, dictatorships crack down heavily on their internet users, but these users still try to get past censorship despite very heavy risks for their own lives. What makes you think that western governments' cracking down on filesharers will have any more effect than what China, Iran et. al. do to their people? Filesharing will go on, it will just be a little bit more underground and not so open as it is today.

      --
      cpghost at Cordula's Web.
    5. Re:they come and they go but there is one constant by sopssa · · Score: 1

      But they will do so within their circle of friends, not via these massive torrent sites with thousands of other people. Even law here allows you to make a copy to your closest friends and family, and piracy wouldn't be so huge problem that it is now if that was still the way (and before someone jumps in, no you cannot make a facebook app that "intelligently" tries to distribute the files from friend-to-friend or other system like that - intention counts)

    6. Re:they come and they go but there is one constant by sopssa · · Score: 1

      I don't think many people (especially non-geeks) really care about file sharing, definitely not as much as free speech and not getting killed by their government. Chinese have a lot more reasons to try circumvent their censorship than if you could just get this MP3 file for free.

      I also think filesharing will go on but a little more underground. That's the point - to get most of the people off pirating and to get them to buy instead. If piracy isn't so widespread but only some geeks thing, I doubt it matters as much to RIAA/MPAA than it does now when everyone is doing it.

    7. Re:they come and they go but there is one constant by Anonymous Coward · · Score: 0

      Actually law here (USA) does NOT "[allow] you to make a copy to your closest friends and family". Even excluding DMCA copy-protection restrictions, fair-use rights do not allow you to make copies for other people to use (excepting for very specific cases such as non-significant amounts used for educational or satirical purposes).

    8. Re:they come and they go but there is one constant by HungryHobo · · Score: 1

      thing is- piracy is still mostly a geek thing.
      the vast majority of the profits reaped as a result of DRM etc have nothing to do with piracy.
      The second hand market dwarfs piracy and that's there the real money is made, piracy is a justification, not a problem.

    9. Re:they come and they go but there is one constant by HungryHobo · · Score: 1, Offtopic

      There is a world beyond the US borders you know.
      A world with it's own legal systems and it's own IP laws.
      It's not all ghosts and devils out here.

    10. Re:they come and they go but there is one constant by Jaysyn · · Score: 1

      In your 1st sentence you imply that only non-geeks care about file sharing & your last sentence you say that "everyone is doing it".

      So which is it? I'll tell you.

      In case you've been sleeping, file sharing moved into the mainstream about 4 years ago. When my damn near computer illiterate brother is bringing *me* screener copies of Avatar & Alice in Wonderland while they are still in the theaters I'd say that filesharing is no longer the domain of the geek.

      --
      There is a war going on for your mind.
    11. Re:they come and they go but there is one constant by sopssa · · Score: 1

      Doing it and caring about it as much as risking your life are two different things.

    12. Re:they come and they go but there is one constant by Anonymous Coward · · Score: 0

      Oh fuck that, people will still do it, period.

      Do you see murders decreasing because some dude got jail time? Hell no.
      Everybody, EVERYBODY, thinks they can get away with it.
      The only time some people might consider stopping it (for a while, maybe) are when someone THEY knew who got screwed.

    13. Re:they come and they go but there is one constant by westlake · · Score: 1

      Filesharing will go on, it will just be a little bit more underground and not so open as it is today

      The underground is chill, damp, slow and lonely. You are marginalized in a space you share with the perverts and wackos. When you come up for air you are tainted by the smell of the sewers.

      The studios don't need to kill P2P - they only need strip away its veneer of convenience, respectablity and safety.

      The geek seems quite capable of doing that job for them.

    14. Re:they come and they go but there is one constant by Clandestine_Blaze · · Score: 1

      Pirate sites will go, and others will replace them, but there is a constant: like death and taxes, piracy will go on.

      Once the admins and users will start getting jail time and huge fines more often, I'm sure the amount of people wanting to run such a site decreases dramatically. It's not an endless river.

      Piracy (Copyright infringement) has been around since the 1550's with the Stationers' Company of London. Even with the threat of prison or jail time, people have found a way to pirate material. No, it's not going anywhere any time soon. This is not a new concept that suddenly became popular in the Internet age. When a method of dealing with a problem has not worked in almost 500 years, then you're probably dealing with it in the wrong manner.

    15. Re:they come and they go but there is one constant by Anonymous Coward · · Score: 0

      It's very much an endless river, in that if they push hard enough the Revolution will be upon us....

    16. Re:they come and they go but there is one constant by natehoy · · Score: 1

      Actually, law here (USA) DOES.

      Fair-use rights do not, true, but you might want to look into the casual-sharing provisions of the US No Electronic Theft Act.

      It allows me, as an individual, to copy and distribute up to $1000 retail value of media within any given six month period, provided I do not obligate the recipient(s) to give me anything in return for my largess. That makes P2P file sharing illegal, since I am receiving bits of copyrighted files in return for other bits of copyrighted files, but casual sharing among friends is clearly defined and specifically exempted from criminal prosecution.

      17 U.S.C. 506

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    17. Re:they come and they go but there is one constant by Anonymous Coward · · Score: 0

      I don't think most people would equate file "sharing" with free speech, but that is beside the point. If it goes underground and is not so open, do you not consider that a victory for RIAA/MPAA/etc? Obviously they can't stop everybody, but they can stop some people and make it more difficult for others.

    18. Re:they come and they go but there is one constant by evilviper · · Score: 1

      Once the admins and users will start getting jail time and huge fines more often, we would have already moved to more decentralized and anonymous P2P technologies

      After Napster, there was Gnutella. Highly distributed technology, which certainly caught-on. Kazaa had a little bit of central control opportunities, but if you've experienced it, you're familiar with the same problems...

      Namely, this: http://www.penny-arcade.com/comic/2002/11/4/

      Bittorrent is actually the regression, driven mainly by hype more than real benefits over other P2P technologies. But it does have on thing to it's benefit, and that is trust... You don't search for file names across the whole network, you visit a website you trust, and download torrents submitted by other (trusted) users, any of whom can be kicked by the site admin if they post deceiving descriptions. Much noise has been made about cryptographic trust relationships, but the fact that none has ever materialized in P2P over the last decade+, indicates it's not as easy of a problem as people would like to believe.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    19. Re:they come and they go but there is one constant by krapski · · Score: 1

      who are admins? and who are users? or wait a minute, maybe both are one and the same? what shall we do then? what shall we do when the law applies to everyone except the {empty set}?

    20. Re:they come and they go but there is one constant by krapski · · Score: 2, Insightful

      i object to the "+5 insightful" tag of my post. I have read comments here on slashdot that were leaps and bounds more insightful than the one I posted. I suppose it's because I posted it in "the root"

    21. Re:they come and they go but there is one constant by russotto · · Score: 1

      The underground is chill, damp, slow and lonely. You are marginalized in a space you share with the perverts and wackos. When you come up for air you are tainted by the smell of the sewers.

      So it's like going to the United Artists Riverview Theatre? Wow, piracy is even more like the legit experience than I thought :-)

    22. Re:they come and they go but there is one constant by cpghost · · Score: 1

      Much noise has been made about cryptographic trust relationships, but the fact that none has ever materialized in P2P over the last decade+, indicates it's not as easy of a problem as people would like to believe.

      Indeed. There's a whole section of papers dedicated to the problem of trust and accountability in P2P networks on the gnunet website.

      --
      cpghost at Cordula's Web.
    23. Re:they come and they go but there is one constant by Wildclaw · · Score: 1

      That makes P2P file sharing illegal, since I am receiving bits of copyrighted files in return for other bits of copyrighted files

      P2P doesn't obligate someone to send you data in return. Most people do, but there is no obligation to do so.

    24. Re:they come and they go but there is one constant by Amouth · · Score: 1

      or they will move back to a world of bbs style places with seats and a quality of service in a small sub culture for their material - maybe still a bit torrent network run inside of a user provided mess network set up with tor style vpn clients.

      people shared copies of mp3's for years before napster - it was when they made it so the random joe with no idea what he was doing could do it that they started pressing against it and calling afoul.

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    25. Re:they come and they go but there is one constant by Anonymous Coward · · Score: 0

      More decentralized? Yes. Anonymous? Never. No one is ever going to invent a file transfer protocol where you don't know where a packet came from on its last hop. That person is either going to go to court, or pay to settle. If he was a proxy, well, now he doesn't want to be a proxy anymore, because it's expensive.

    26. Re:they come and they go but there is one constant by Travelsonic · · Score: 1

      That makes P2P file sharing illegal, since I am receiving bits of copyrighted files in return for other bits of copyrighted files

      Incorrect - besides the fact that file-sharing protocols don't require you to share, it isn't copyrighted or not - a false framing of the discussion - whether or not you share a work with permission of the holder or not. If it was merely sharing copyrighted files, I would be liable for sharing my own works - copyrighted immediately after creation according to U.S laws.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    27. Re:they come and they go but there is one constant by Anonymous Coward · · Score: 0

      > Much noise has been made about cryptographic trust relationships, but the fact that none has ever materialized in P2P over the last decade [...]

      ahem... Freenet?

      It's not exactly mainstream, but it (and/or similar systems) may start to gain critical mass if this stuff escalates.

    28. Re:they come and they go but there is one constant by shutdown+-p+now · · Score: 1

      thing is- piracy is still mostly a geek thing.

      I don't think so. I've yet to see a home PC of anyone younger than 30 without some kind of P2P file sharing software installed on it. This is for people who don't know that "IE" and "browser" are not synonymous.

    29. Re:they come and they go but there is one constant by marcosdumay · · Score: 1

      Any small site that shares things between friends will grow into tousands of users if there is not competitor. And will grow quite fast.

    30. Re:they come and they go but there is one constant by bit01 · · Score: 1

      But they will do so within their circle of friends, not via these massive torrent sites with thousands of other people.

      Look up six degrees of separation. Those "massive torrent sites" (they're not that massive actually) probably don't make much difference to piracy rates in the medium to long term; they're simply more visible.

      With that in mind I find this quite amusing.

      ---

      It's wrong that an intellectual property creator should not be rewarded for their work.
      It's equally wrong that an IP creator should be rewarded too many times for the one piece of work, for exactly the same reasons.
      Reform IP law and stop the M$/RIAA abuse.

    31. Re:they come and they go but there is one constant by evilviper · · Score: 1

      Freenet has been a joke for decades. No-one cares about it at this point, and it's insane to think anyone ever will. Its day in the sun was a over a decade ago, when nothing else was out there. Now, it's long forgotten, and for good reason.

      Your main problem is in assuming that Freenet works. In fact Gnutella worked great, too, when there were very few people using it. Far more than Freenet, of course, but still, very few people. Your second problem is assuming that, just because something exists in software, that it's remotely practical. Many nice features fall to pieces because when the flood of users comes in, the feature turns out to be far more inconvenient than helpful, or may simply not work any longer.

      So, I still say there's nothing out there.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  4. You mess with the bull, you get the horns by BadAnalogyGuy · · Score: 0, Offtopic

    In the Song Of Solomon, the author tells the story of how he met his lover. He was walking one day along a rough road when ahead in the distance he saw a shimmering light. Strangely, his head grew heavy and he felt that he had to stop and rest for a while. When he entered the courtyard, his lover was laying in the middle and there were men all around stabbing her with knives. He took her up in his arms and brought her to safety, and she, as is written in Leviticus, became betrothed to him.

    If there weren't laws describing the precise course of action for the author and his lover, there is no guarantee that his good deed would be repaid in full. When people start infringing copyrights, they are attacking centuries of legal thought. These laws exist for a reason. For those that follow them, especially on the content creation side, the laws provide a great benefit. For those that break the law, well, things aren't quite so rosy.

    1. Re:You mess with the bull, you get the horns by Anonymous Coward · · Score: 0

      BadAnalogyGuy, that is a pretty bad analogy.

    2. Re:You mess with the bull, you get the horns by Anonymous Coward · · Score: 0

      In Horton Hears a Who, an elephant hears the voices of a tiny person living on a spec of dust.

      Just 'cause it's in a story doesn't make it true.

    3. Re:You mess with the bull, you get the horns by BadAnalogyGuy · · Score: 2, Funny

      It's called a parabola. It's just a morality tale.

      And yes, if you could glean some sort of moral from a kid's book, it too would be a parabola.

    4. Re:You mess with the bull, you get the horns by Atlantis-Rising · · Score: 0

      A parabola is a curve. The word you're thinking of is parable.

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    5. Re:You mess with the bull, you get the horns by eddy+the+lip · · Score: 1

      On the contrary, I found your post rather elliptical.

      --

      This is the voice of World Control. I bring you Peace.

    6. Re:You mess with the bull, you get the horns by mcgrew · · Score: 4, Insightful

      When people start infringing copyrights, they are attacking centuries of legal thought.

      No, less than a century of legal thought, as before the 20th century copyrights had reasonable lengths. I wonder how much "pirated" material is older than 20 years?

      Copyright is not about ownership, it is about a limited time monopoly to get creators to create. Jimi Hendrix will perform no more; his work should be in the public domain, as should anything else longer than the length of an invention's patent. Nothing made before 1990 should be covered by copyright, and if it wasn't I believe there would be little piracy.

      I'm sure creativity would evolve much faster. Like technology, art is built on what has come before. Nothing is created out of a vacuum.

    7. Re:You mess with the bull, you get the horns by Anonymous Coward · · Score: 0

      In the Song Of Solomon, the author tells the story of how he met his lover. He was walking one day along a rough road when ahead in the distance he saw a shimmering light. Strangely, his head grew heavy and he felt that he had to stop and rest for a while. When he entered the courtyard, his lover was laying in the middle and there were men all around stabbing her with knives. He took her up in his arms and brought her to safety, and she, as is written in Leviticus, became betrothed to him.

      If there weren't laws describing the precise course of action for the author and his lover, there is no guarantee that his good deed would be repaid in full. When people start infringing copyrights, they are attacking centuries of legal thought. These laws exist for a reason. For those that follow them, especially on the content creation side, the laws provide a great benefit. For those that break the law, well, things aren't quite so rosy.

      Slashdot PROTIP: Lay off the LSD.

      Musician PROTIP: Use more LSD!

      You're walking a deep trough between the two and that line is uselessness. So double your dosage and pick up a guitar or don't use at all.

    8. Re:You mess with the bull, you get the horns by bipbop · · Score: 1

      Whoosh. (It's a pun.)

    9. Re:You mess with the bull, you get the horns by Nadaka · · Score: 0, Offtopic

      parable.

      A parabola is a curve geometrically described as a plane bisecting a cone parallel to a line along the cones surface extending radially from its point.

    10. Re:You mess with the bull, you get the horns by Nadaka · · Score: 2, Insightful

      And when copyright terms are extended, it is also an attack on centuries of legal thought. The sole purpose of copyright is to enrich the public domain by promoting the publishing of art and sciences by granting a limited monopoly on distribution. Extending the term of that copyright is a direct attack on that sole purpose, while "piracy" is merely an attack on the method of promotion.

      Copyright law is a misnomer, it is really copyright restriction. We all have a right to copy anything we want, this is a natural right inherent in our humanity. It is as natural as our freedom to think, speak, walk or defend ourselves. Copyright law restricts that right temporarily, so that in time we will have a richer and deeper culture to share in the future. The extension of copyright for profit is theft of the highest order, it is stealing from every man, woman and child in existence and leaves humanity as a whole poorer.

    11. Re:You mess with the bull, you get the horns by Jaysyn · · Score: 1

      That's not a pun. That's a wikipedia entry.

      --
      There is a war going on for your mind.
    12. Re:You mess with the bull, you get the horns by bipbop · · Score: 1

      Ah, just so. Thank you for pointing that out. Confusion might have arisen!

    13. Re:You mess with the bull, you get the horns by Anonymous Coward · · Score: 0

      Hmm, interesting. Just one question - what the hell are you going on about? ...and then I saw your username. Touche.

    14. Re:You mess with the bull, you get the horns by delete+X · · Score: 0

      Whooosh

    15. Re:You mess with the bull, you get the horns by icannotthinkofaname · · Score: 1

      "A pun?"

      "No, no, not a pun, no, what's the other thing, which reads the same backwards as forwards?"

      --
      Let q be a radix > 1. I am in ur base-q, killing 10 d00ds.
    16. Re:You mess with the bull, you get the horns by Anonymous Coward · · Score: 0

      hyperbola much?

    17. Re:You mess with the bull, you get the horns by boudie2 · · Score: 0

      I always like to use Jimi Hendrix as an example of someone with no heirs, who makes millions every year for the record companies. It seems that for every million the record company makes, the U.S. government gets a cut. They also make the law. They also need the money. Quite elementary mcgrew. Fortunately, I've already downloaded the entirety of Mr. Hendrix's catalog. With all due apologies to Uncle Sam. I think Jimi would have approved.

    18. Re:You mess with the bull, you get the horns by rbrander · · Score: 1

      From what I could see at the site, there are few seeders left for any TV show that was broadcast more than 20 DAYS earlier. By the 20-month mark, you have none worth mentioning. Try downloading some torrent-megastar like BSG from two seasons ago, and good luck with that.

    19. Re:You mess with the bull, you get the horns by omglolbah · · Score: 1

      Um, no...

      Using the number of seeders/peers on a torrent listed on a site is stupid. It is not nearly accurate, just an indication.

      It lists direct tracker users and not DHT / peer exchange. Most shows can be found for years.. You can still easily find torrents of most tv shows broadcast in the last 10 years. You just have to be patient.

  5. Host elsewhere? by Chelmet · · Score: 1
    I mean, you use the site to search for the desired torrent, and then click to download the .torrent file - it would be easy to host the .torrent files on a separate server, seperate site, or by a separate company altogether.

    Would this get around the ruling?

    1. Re:Host elsewhere? by Monkeedude1212 · · Score: 1

      No. That is kind of what happens with torrents already - the files aren't being hosted by IsoHunt, IsoHunt is just telling your application (like BitTorrent or whatever) where it can find the actual files your looking for. The torrent is just a pointer to who has the file. So to point to a different company hosting the torrent file is about the same thing - and they'd probably be ordered to take down the links.

    2. Re:Host elsewhere? by westlake · · Score: 1

      I mean, you use the site to search for the desired torrent, and then click to download the .torrent file - it would be easy to host the .torrent files on a separate server, seperate site, or by a separate company altogether.
      Would this get around the ruling?

      "Piercing the corporate veil" - establishing the connections between A, B and C - is well worth the effort for the payoff it delivers in court.

      The prosecutor has all the elements of a criminal conspiracy in his hand.

      The felony charge. Hard time.

      He'll expose a card or two to your partners in the game - and they will cut a deal and sell you out.

  6. Decentralised tracker by Anonymous Coward · · Score: 2, Interesting

    So when is someone going to develop a peer-to-peer system for hosting and tracking torrents? What happened to this technology?

    1. Re:Decentralised tracker by icebraining · · Score: 1

      IsoHunt is not a tracker, it's a webpage with .torrent files. It could be hosted in a .onion service, using Tor.

      Openbittorrent is a tracker, and *only* a tracker. It doesn't even know the filenames. I'm betting it's especially difficult to prosecute.

    2. Re:Decentralised tracker by seandiggity · · Score: 1

      If interested, take a look at the existing DHT systems. I'm looking into this kind of stuff for Foojbook, and I know it takes a ton of work to get it right, but as far as P2P filesharing goes there are a number of DHT implementations already.

      --
      Geeks like to think that they can ignore politics, you can leave politics alone, but politics won't leave you alone.-rms
  7. It's stupid really by Monkeedude1212 · · Score: 1

    IsoHunt and Torrenting in general is just a service, to connect people. In the same way MSN connects me to my friends and websites connect me to news.

    Making IsoHunt responsible for the copyrighted material would be like making Microsoft responsible for Copyrighted material I share with my friends over filesharing through Live messenger.

    Now, if I go home and do that tonight, can I expect US District Judge Stephen Wilson to order MSN to cut off filesharing?

    1. Re:It's stupid really by DeadPixels · · Score: 1
      For the most part, I think that's true. However, the article offers the following as the reason for the success of the MPAA in this case:

      Fung previously tried to argue that his sites were just another search engine that just happened to pick up copyrighted content, but the studios countered with evidence that his search code was specifically tuned to find copyrighted material.

    2. Re:It's stupid really by sopssa · · Score: 1

      If it weren't so blatant that the site is meant for copyright infringement, and 99% of the content wasn't illegally distributed without permission from authors, then you could say its just a service to connect people. Just the same way like if someone exchanges drugs in your mall without you knowing about it, it's not your fault. But if you set up a place where people come to exchange drugs and you know it and are looking at it happening from the side, you will be held responsible.

    3. Re:It's stupid really by qoncept · · Score: 1

      If I go home tonight, can I log on to MSN Messager and expect it to be painfully easy to download all of this week's Xbox 360 releases with just a few clicks?

      I doubt you could prove without a doubt that these sites were created exclusively for software piracy, but this is one case in which I think the intent is winning out over the word of the law. "Stop breaking the law, asshole!"

      --
      Whale
    4. Re:It's stupid really by Anonymous Coward · · Score: 0

      Yup. And a murderer is just a service connecting the bullet manufacturer to the victim. It's the outcome that matters, not all of this legal gymnastics.

    5. Re:It's stupid really by Monkeedude1212 · · Score: 1

      If I go home tonight, can I log on to MSN Messager and expect it to be painfully easy to download all of this week's Xbox 360 releases with just a few clicks?

      Hey, if I've got a friend who buys all this week's 360 releases and Rips them into ISO's for me, then I sure as heck could.

      So what seperates IsoHunt from say an MSN Chatroom, where I happen to come across such a buddy. The fact that it makes the process more efficient?

      They shouldn't be stopping the people optimizing the downloading, they should be stopping the people downloading, or the ones uploading!

      I don't buy drugs and I don't deal drugs but if I tell someone who wants drugs where a drug dealer is - that isn't going to land me jail time or a fine. In fact, the police aren't even looking for me. They're looking for the other two guys.

    6. Re:It's stupid really by Monkeedude1212 · · Score: 1

      Ah, and my ISP is just the service connecting me to Isohunt, so why aren't they getting the pants sued off them?

    7. Re:It's stupid really by Monkeedude1212 · · Score: 1

      If 80% of people use the internet to download music, wouldn't that be enough reason for the MPAA to attack the internet?

    8. Re:It's stupid really by mea37 · · Score: 1

      Right... Now, try setting up a kiosk where people can come and you'll tell them where to find drug dealers. O, if they come asking about pharmacies you'll give them that information too, if you happen to have it, but you've gone out of your way to build up a list of drug dealers. That's what you're known for and that's why people come to you.

      Suddenly the police will take an interest in you. That is what sets IsoHunt apart from your hypothetical chat room.

    9. Re:It's stupid really by sopssa · · Score: 1

      If I go home tonight, can I log on to MSN Messager and expect it to be painfully easy to download all of this week's Xbox 360 releases with just a few clicks?

      Hey, if I've got a friend who buys all this week's 360 releases and Rips them into ISO's for me, then I sure as heck could.

      That would actually be even legal here. You are allowed to give a copy to your close friends and family. It's the fact that you're sharing it with complete strangers and thousands of them.

      I don't buy drugs and I don't deal drugs but if I tell someone who wants drugs where a drug dealer is - that isn't going to land me jail time or a fine. In fact, the police aren't even looking for me. They're looking for the other two guys.

      You will actually get arrested and probably charged for that.

    10. Re:It's stupid really by Anonymous Coward · · Score: 0

      Yup. And a murderer is just a service connecting the bullet manufacturer to the victim. It's the outcome that matters, not all of this legal gymnastics.

      IsoHunt would be the gun that fired the bullet in your scenario, not the person firing it, and we already know the law doesn't hold the firearm responsible for the crime, though suits have been brought against the manufacturer. That being said, I think you're a fucking idiot; astro-turf much?

    11. Re:It's stupid really by Monkeedude1212 · · Score: 1

      Ah - but the police wouldn't shut me down. They'd take my information and bust the drug dealers.

      So why aren't they doing this? Oh the Seed is in China? The Leech is in Germany?

      Then I guess it really isn't their business then, is it?

    12. Re:It's stupid really by Monkeedude1212 · · Score: 1

      Under what Law? Knowing people? Not reporting a drug dealer? I didn't report a jaywalker, am I going to be arrested for that as well?

      Point is most police find you more useful as an informant than you are behind bars for something as trivial as that.

    13. Re:It's stupid really by Anonymous Coward · · Score: 0

      Ahh, but they have made it thus. Google 'facilitating' and 'RICO' and be amazed that you can go down for what your acquaintances do (that you know about). Now, the lawmakers and lawyers promised never to use the law this way, "It's only to go after the kingpins!", but that doesn't stop them from pursing the little guy, either.

    14. Re:It's stupid really by mea37 · · Score: 2, Insightful

      Ah, but your premise is incorrect; you will indeed be shut down by the police. In a drug ring they will use words like "conspiracy". In a copyright context they'll use words like "contributory infringement". In both cases it means "you can't legally profit from helping others to commit crimes".

    15. Re:It's stupid really by qoncept · · Score: 1

      So what seperates IsoHunt from say an MSN Chatroom, where I happen to come across such a buddy. The fact that it makes the process more efficient?

      2 things. 1) You've got it. It's more efficient. Choose your battles. If you're an environmental activist, are you going to go after the guy flicking a cigarette butt out his car window or the electronics recycling center that dumps everything in a city park?

      2) My original main point. Can torrent sites be used for legitimate purposes? Of course. But people perpetuating that argument are, apparently, caught up in theory and completely ignoring reality. The sites are made for software piracy, pure and simple. In fact, the only time I've ever seen TPB used legitimately by a guy uploading a demo of his software, the comments berated and insulted him.

      --
      Whale
    16. Re:It's stupid really by Schadrach · · Score: 1

      Thought -- what about building another torrent tracker site (ala TPB), but rather than being assholes about it, when a company requests material be taken down, ask them to prove they are who they say they are (more or less a written statement on a company letterhead, maybe a phone call beyond that?) then set them up an account where they can simply blacklist their copyrighted material on their own, with a clear warning that if the capability to blacklist torrents is abused (allow those who get blacklisted to appeal it and duke it out [preferably without your personal involvement in the duking out], it's considered "abuse" of that power if over a certain % successfully appeal (meaning false positives) as it's clear that they aren't a good judge of their own copyright holdings at that point) then access to that feature will be revoked. Would that constitute "due diligence" to ensure "non-infringing uses" and comply with copyright holder's wishes, I wonder?

    17. Re:It's stupid really by Capt.DrumkenBum · · Score: 1

      Well, I reported a drug dealer running his business out of a house across the street from an elementary school.
      They didn't do shit about it. So logically I should start selling drugs to school children to pay for all the copy righted materials I want.

      Win, win!

      --
      If I were God, wouldn't I protect my churches from acts of me?
    18. Re:It's stupid really by Anonymous Coward · · Score: 0

      I wonder if "specifically tuned" means "indexes thepiratebay.org" or if they have anything more substantial than that.

    19. Re:It's stupid really by Khyber · · Score: 1

      If they did nothing, you call them back and say "Either deal with the drug dealer or the neighborhood will do your job for you in the bloodiest manner possible and LAY ALL THE BLAME ON YOU."

      Watch how fast they send units to that drug dealer's house - especially if you boost the phone call with some loud rowdy crowd soundbytes.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    20. Re:It's stupid really by cdrguru · · Score: 1

      Putting up a sign in your front window that says "Drugs for sale" with a big arrow pointing to your neighbor's house will most certainly get you arrested. Assuming it is true, you are facilitating. And that is indeed a crime.

      So all isohunt is doing it "facilitating". While it isn't a criminal act, you are certainly leaving yourself open to civil proceedings. And you are going to lose.

    21. Re:It's stupid really by russotto · · Score: 1

      If they did nothing, you call them back and say "Either deal with the drug dealer or the neighborhood will do your job for you in the bloodiest manner possible and LAY ALL THE BLAME ON YOU."

      Watch how fast they send units YOUR house - especially if you boost the phone call with some loud rowdy crowd soundbytes.

      Fixed it for you.

    22. Re:It's stupid really by Anonymous Coward · · Score: 0

      ISPs are coming under serious pressure to crack down on file sharing. There's an article on /. every other day about this.

    23. Re:It's stupid really by Anonymous Coward · · Score: 0

      "the comments berated and insulted him."

          indeed, that is the main reason I use TPB: the comments segregate the harmless from the harmful. No other BT site offers the level of uploader self-discipline that TPB does. This might actually be the main reason why TPB is the No. 1 torrent site.

    24. Re:It's stupid really by Khyber · · Score: 1

      Watch when they show up to your front yard full of angry people that are more than willing to kick their asses for not doing their job.

      It's happened before in history, i'll guarantee you it can and will happen again.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  8. They should more to a more civilized country by unity100 · · Score: 1

    one which is not hell bent on creating a new form of intellectual feudalism through copyright and ip mechanisms.

    1. Re:They should more to a more civilized country by DAldredge · · Score: 0, Flamebait

      Why should you be able to use my work for free?

    2. Re:They should more to a more civilized country by green1 · · Score: 4, Insightful

      If I do work today I don't continue getting paid for it 70 years after I'm dead... why should you?

    3. Re:They should more to a more civilized country by sopssa · · Score: 1

      The owner is already in Canada and is Canadian.

    4. Re:They should more to a more civilized country by Lostlander · · Score: 1

      Because I'm willing to let you use my work for free ideas are not something that can be controlled the free exchange of ideas leads to a better understanding of the universe. I believe it's reasonable to charge someone for your labor however you shouldn't be able to charge anyone they choose to share it with. As the labor is finite but the product is infinite only the labor can be reasonably charged for. It's the pricing that's become unreasonable. A song should not cost a dollar forever eventually cost is recouped some profit is made and to gain additional money you need to create additional product (aka labor).

    5. Re:They should more to a more civilized country by Knara · · Score: 2, Insightful

      Because you weren't smart enough to copyright or obtain the copyright for the work?

      Just because you choose to do all your production as a work-for-hire, doesn't mean everyone else wants to do so.

    6. Re:They should more to a more civilized country by DAldredge · · Score: 2, Insightful

      Because you don't pay the full cost of my work when you license it while you are fully paid for each hour you work.

    7. Re:They should more to a more civilized country by Mashiki · · Score: 1

      Because I believe my work can benefit society after I've developed it, been paid for it--for a reasonable amount of time. And others can build upon the existing source, improving the overall quality and perhaps find other uses for what I've done.

      --
      Om, nomnomnom...
    8. Re:They should more to a more civilized country by Ginger+Unicorn · · Score: 2, Insightful

      Who gives a fuck what you want? The law is unjust.

      --
      (1.21 gigawatts) / (88 miles per hour) = 30 757 874 newtons
    9. Re:They should more to a more civilized country by Knara · · Score: 1

      Take it up with the US Constitution, that's the only way it's going to change.

    10. Re:They should more to a more civilized country by izomiac · · Score: 1

      The same can be said of anything really. A plumber's work may benefit a family for the life of their house. Later plumbers can improve that work without any legal restrictions. OTOH, copyrighted work is untouchable for around a century.

    11. Re:They should more to a more civilized country by Draek · · Score: 1

      Because I'm an artist, and therefore a very special and unique snowflake who deserves to be protected by the government, unlike you soul-less and boring drones working for The Man.

      Or, more realistically, because the RIAA and MPAA bribed enough politicians to make it so. Given enough money, you can even make politicians pass a law saying that math isn't math.

      --
      No problem is insoluble in all conceivable circumstances.
    12. Re:They should more to a more civilized country by Anonymous Coward · · Score: 0

      "It's my party and I can cry if I want to, cry if I want to"

      Seriously these are not things that are fundamental to living and a convenience factor, they don't owe you jack shit.

      Whining little girls who keep sucking on the tit of Hollywood for all their media material and than when they cannot get their next 'hit' they cry foul.

    13. Re:They should more to a more civilized country by ZekoMal · · Score: 1

      Alright: give me 30 billion dollars so I stand half a fucking chance against Disney. Our government laughs so hard that it pisses itself every time a concerned citizen begs for more reasonable copyright.

    14. Re:They should more to a more civilized country by Anonymous Coward · · Score: 0

      And what exactly is the full cost of your work?

    15. Re:They should more to a more civilized country by slushdork · · Score: 2, Insightful

      If I do work today I don't continue getting paid for it 70 years after I'm dead... why should you?

      Although I completely agree that the extention of copyright to ever-increasing terms is scandalous and that it should be restricted to the original 10-20 years, I don't buy the argument above. Say I build a house today that I rent out and which generates income for me during my lifetime - should my family be denied that income (or even the house itself!) after I die?

      Similarly, if a writer publishes a book today, and then dies a year from now, his family should be able to benefit from his work for a reasonable period of time.

      Obviously, the house is a tangible asset while a work of art is not (at least, not in the case of books), but you cannot simply state that my descendants shouldn't receive any income from either asset after I die.

    16. Re:They should more to a more civilized country by mdm-adph · · Score: 1

      IIRC, the original laws regarding copyright and patents in the US Constitution weren't half as terrible as they are today.

      --
      It is by my will alone my thoughts acquire motion; it is by the juice of the coffee bean that the thoughts acquire speed
    17. Re:They should more to a more civilized country by Anonymous Coward · · Score: 0

      Explain how.

      Last I checked it was 'unjust' to take something without paying for it. Medium is irrelevant. If you want to go by the "copy as you please" logic then the first and theoretical only sale will cost the exact amount as the entire production cost + estimated profit value.

      Or we could insure mass distribution which lowers individual cost which increases profits that are in turn spent on additional products.

      You want to argue some media should lower its production costs that's fine, but that is an entirely different topic.

    18. Re:They should more to a more civilized country by Anonymous Coward · · Score: 0

      hey, give the dude a break, flipping burgers ain't as easy as it looks bro.

    19. Re:They should more to a more civilized country by westlake · · Score: 1

      If I do work today I don't continue getting paid for it 70 years after I'm dead... why should you?

      You aren't being paid - your estate is being paid.

      You do have an estate plan?

      I am betting that if you do, it a mix of real and intangible property that cannot be casually stripped away from your heirs.

    20. Re:They should more to a more civilized country by Knara · · Score: 1

      The relevant points:

      The Constitution sets up the right of an owner to control their works for some finite time and gives Congress the power to set the details.

      Congress has set the finite time span and the details.

      There's a debate to be had about what constitutes a fair length of time, but let's be honest, the majority of folks who complain about copyright construct elaborate arguments in order to obfuscate the fact that they want to be able to obtain and utilize other peoples' creative outputs whenever they want, in whatever form they want, for a price they consider fair (usually "free").

      Until there's honesty from this (significant) population of the "copyright is unjust" crowd as to their actual motivations, the conversation can't go forward very much.

    21. Re:They should more to a more civilized country by Knara · · Score: 1

      Out of curiosity, what benefit do you believe you would receive from having the length of copyright be, say, 20 years from date of initial publication?

      In what way, do you believe, it would promote the creation of new works in our society over the situation that exists today? (Protip: Most "new creative content" does not come from major studios, just the most easily found and often the most popular titles)

    22. Re:They should more to a more civilized country by Knara · · Score: 1

      Heh, every post that defends copyright in this particular thread is down-modded, and every one that says "zomg copyright is bad" is upmodded. Brilliant!

    23. Re:They should more to a more civilized country by kackle · · Score: 1

      I don't continue getting paid for it 70 years after I'm dead...

      How would you know?

    24. Re:They should more to a more civilized country by DAldredge · · Score: 1

      How is it just for you to take my work to use as you wish for free?

    25. Re:They should more to a more civilized country by david_thornley · · Score: 2, Insightful

      Wrong question. Would having a 20-year copyright have a deleterious effect on creating new works? I rather think not; I doubt many business ventures rely on payments 20 years away for their justification.

      Now, what benefit would I have from a 20-year copyright? Far more material in the public domain. Far less lost creative material (it's easy for things to get lost over 70+ years of neglect). Less problem with reproducing creative work; consider the TV show "WKRP in Cincinatti" which cannot be reproduced due to music copyright issues, or Infocom's "Shogun" and "Hitchhiker's Guide to the Galaxy". No drags on derivations from stuff that came out in my lifetime.

      I don't know that 20 years is the right number, but it looks like a whole lot better bet than life + 70.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    26. Re:They should more to a more civilized country by Anonymous Coward · · Score: 0

      in capitalism, you don't get to define the scarcity of your good like you can with IP. it devalues the currency of exchange. fake economies like this will be the downfall of america if they become the dominant 'exports'. the only way to retain this system is to have thought control police.. no thanks. arrogant asses like yourself can go pound sand. if you don't like this reality, go out and get a real job.

    27. Re:They should more to a more civilized country by sixsixtysix · · Score: 2, Interesting

      Until there's honesty from this (significant) population of the "copyright is unjust" crowd as to their actual motivations, the conversation can't go forward very much.

      it is completely unjust if one side of an agreement keeps changing the rules, especially when the officiator is in their pocket. extending the length every 20 years or so is not finite. if they extended criminals' sentences every time they were about to be released, would you be for that? would their cries of "i served my time" not be a good enough excuse? what more motivation would be needed? should we let everything be like this? you can change whatever contract you want as long as you pay a judge enough money? that is just to you?

      --
      ...
    28. Re:They should more to a more civilized country by JesseMcDonald · · Score: 1

      The Constitution sets up the right of an owner to control their works for some finite time and gives Congress the power to set the details.

      Actually, that's wrong. The Constitution doesn't require Congress to implement copyrights or patents at all; it merely grants them the option of doing so. Moreover, this is clearly described as a privilege optionally granted to authors/inventors to achieve a specific social goal (more writing/inventing), not any sort of natural right.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    29. Re:They should more to a more civilized country by DAldredge · · Score: 1

      So you want me to work for free?

    30. Re:They should more to a more civilized country by sixsixtysix · · Score: 1

      not just intellectual. the whole system reeks of feudalism.

      --
      ...
    31. Re:They should more to a more civilized country by nfc_Death · · Score: 1

      Do you want to further your species progress? Or just your own? If its the bigger picture you care about then you would want others to take your work and build upon it. It would leave you with a sense of pride to know that your work contributed to the progress of your fellow man. The intent of copyright is to protect, not you the creator, but guarantee a revenue stream for the entity acting as the distributor. If all you can see are dollar signs and perceived losses (not actual) then your question holds true, and you are simply a wallet that had a burst of inspiration.
      It is very telling that even when granted a temporary monopoly an entity can grow without check or balance. To imagine that temporary monopolies are somehow less damaging than permanent ones is a fallacy. Dis-proven beyond a doubt by the way big media distributors (not creators, creators love creating, payment is a side benefit) have fought tooth and nail to extend and protect said monopolies.
      To answer your question then, I have a question. Is it just of you to create something and then carefully segregate who has access to your creative work based on their ability to pay you 'ad infinitum'? 'Cause after your 80-100 year lifespan is up all you can hope is that you've left something behind of yourself that furthers the species. Otherwise you were just a waste of skin and food.

    32. Re:They should more to a more civilized country by DAldredge · · Score: 1

      Then how do you suggest I pay my bills?

    33. Re:They should more to a more civilized country by nfc_Death · · Score: 1

      Use your creativity to continue to create, do not expect your creations to pay you. They cannot. You are worth money, your abilities and talents coupled with learned skills (which you stole/infringed upon/copied from/built upon, from those before you) will make you money.
      If you wanna be real specific here you go;
      You are a musician, the only tangible thing you can sell is your skill as a musician. Your music is an expression of that talent/skill. If you want to make money play your music for people and get paid. If you want to sell a recording of what you did to someone, then you are no longer selling your talent/skill only a physical item which contains a representation of your expression of your talent. Since all you've done in that instance is make a physical item then that is what you can sell. If your music did something, like my dishes, or solved world hunger then it would have a value unto itself. As it is though the only thing of value there is the physical item.
      To sum up, you can sell yourself and your talents as a service. Your abilities, talents and creativity themselves cannot be sold unless you are providing them in person.
      I always liked this example, a live show is sold as an event. People purchase the right to attend that event. The recording of that event is simply a memory of history. Anyone attending that event could recount the details of that event to others and still not be able to fully explain what it was like as an experience. The artist counts on the fact that he can do something no one else can, and that recordings or a recounting of memories of that event will never measure up to the actual experience of the event. Therefore its obvious what is being sold, him coupled with his abilities. Not pale representations of his expression of creativity.

    34. Re:They should more to a more civilized country by DAldredge · · Score: 1

      Stole?  Are you insane?  I paid for what I used for training or took what was freely available with the consent of those who created it/

      And how does one make programming a "Live Show"?

    35. Re:They should more to a more civilized country by nfc_Death · · Score: 1

      Ah now programming is very different, clarity here is paramount. Programming falls under the 'music that does my dishes, or solves world hunger' umbrella.
      Example; A video game produces nothing per se, but it is definitely not a pale representation of an expression of your creativity any longer. Although you are simply selling ones and zeros similar to a digital copy of a piece of music, the major difference here is your product is whole. It is a product unto itself. Your expression and talents went into it, similar to the musician, but dissimilar from the musician, you are not selling a representation of your programming prowess. You are selling the complete product of that prowess. Although a huge amount of artistic expression went into the product the actual expression, or representation thereof, is not being sold. If the company you work for was to sell a video of someone playing the game would that actually have any value at all?

      Lets go one step further here and look at what a musician could sell that would be similar to a piece of software. I believe an apt analogy would be a training video/manual/whatever to teach someone to play or create music in the style of that musician. It is not a pale representation of that expression or talent it is a work unto itself. The musician has used their talents/abilities/skills to compile a tool to share that knowledge with others. They are not selling the knowledge they are selling the tool to grasp the knowledge. If someone had wanted, they could have watched multiple recordings of that musician doing his thing and possibly come up with some similar knowledge to whats in the video/manual but in essence they are creating their own tool to teach themselves in the process.

      I believe movies also fall under this premise. They can be sold as an event, or the media that contains them can be sold, but the movie itself is a pale representation of the expressions of the various talents that created it. That's why cinemas have become more immersive in the last couple of decades. A stage theater presentation, and an IMAX presentation (a simple cinema too to a lesser extent) share something in common, they leave you with the memory of that experience coupled with the artistic expression that was presented. If you were to purchase a recording of that event after, what have you actually purchased? A vehicle to remember the actual experience? Or perhaps it was a advertisement to lure others to the actual event? In the latter case you have paid someone to promote their event.

      In a sense Im almost saying that a 'Here is how we made this movie, and the tricks we used, and how you can use them too' video has more value as a tool than the movie does as an expression. This is despite the fact that the movie may have cost more to make.

      As for the stole bit, I used that term very glibly and I apologize. My intent was to use it as others use 'stealing' as a poor synonym for infringement upon anothers work/idea. In other words usage of their work/idea with or without permission to further ones own works/ideas. I admit you cannot steal knowledge if someone has spoken it aloud, or wrote it down, or whatever. Once its outta your head its fair game.

    36. Re:They should more to a more civilized country by Mashiki · · Score: 1

      Yeah just imagine if a plumbers work was untouchable even if it started leaking all over the place and washed out a basement wall. Entertainment ensues!

      --
      Om, nomnomnom...
    37. Re:They should more to a more civilized country by green1 · · Score: 1

      Stole? Are you insane? I paid for what I used for training or took what was freely available with the consent of those who created it/

      If you now teach someone else how to do something that you learned, do you then turn around and pay your original teacher again? If not, how is this any different from what we are discussing?

      That teacher worked once, and got paid once, you copied their knowledge for someone else and YOU got paid instead of the original teacher. if you were to do that with a song you would be facing hefty fines and possibly prison time with todays laws.

      If I create a song, for some reason I get paid any time anyone uses the song even 70 years after I die, and yet if I create a sidewalk I get paid only until the sidewalk is complete, the people walking on it for decades afterwards don't owe me a cent.

      There is no "natural right" to owning an idea. The only "right" you have is the one society gave you as part of a legal contract. The legal contract was that you would have a LIMITED monopoly on the idea so as to encourage you to create. How does it encourage you to create anything if doing so once is enough to live on for life?
      Shouldn't we encourage people to CONTINUE to create after their first creation? how does payment long after you are dead encourage you to create more?

      What benefit is there to society if you never give your creation away?

    38. Re:They should more to a more civilized country by bit01 · · Score: 1

      the majority of folks who complain about copyright construct elaborate arguments in order to obfuscate the fact that they want to be able to obtain and utilize other peoples' creative outputs whenever they want,

      The majority of folks who push copyright construct elaborate arguments in order to rationalize artificial scarcity and a massive broken window fallacy. Please stop living in your dreamworld. Copyright as it currently implemented is a creation of the mind and as such there is infinite number of possible alternatives. Apparently simple minded people who persist in pretending that copyright as it is currently implemented is the One True Way (tm) and the only possibility are either intellectually impoverished or dishonest. That's part of the reason why people like you have enemies here.

      Blocking the free speech rights of billions of people so that a comparatively small number of people can have increased benefit is historically mostly a recent aberration. People have been sharing since the dawn of time and will continue to do so for the foreseeable future.

      ---

      It's wrong that an intellectual property creator should not be rewarded for their work.
      It's equally wrong that an IP creator should be rewarded too many times for the one piece of work, for exactly the same reasons.
      Reform IP law and stop the M$/RIAA abuse.

    39. Re:They should more to a more civilized country by zippthorne · · Score: 1

      Agreed. Copyright definitely should not be abolished. It should just be short enough that the generation in their twenties when a work comes out do not expire before its copyright does. And definitely short enough that their grandkids do not expire before its copyright does.

      --
      Can you be Even More Awesome?!
    40. Re:They should more to a more civilized country by Anonymous Coward · · Score: 0

      My time. If I am creating something -- say, a fantasy novel, or a song -- that takes time. A talented author or song writer is hard to find. Crowd-sourced content simply isn't as good.

      If I spend a year, or two, working on a novel or album, who the fuck are you to say you should get to read/listen to it for absolutely free and distribute it for nothing, and I get paid nothing for my time?

      I'm not arguing for life+70 years, or even 70 years, but seriously, think about this. Most people in the arts -- ie, not middle men like the RIAA/MPAA -- have other jobs, they have expenses, and they put a lot of work into their art for not a lot of money. By all means, stick it to the middle-men, but don't act like you have some RIGHT to what they've created.

      I know the popular thing on /. is that it's just "bits" but that's a falsehood and everyone knows it. It's not about the bits or how easy it is to copy them. It's about the effort to arrange said bits into something you want. If you don't want to compensate someone for it, that's fine, don't. But don't pretend you're somehow hurt by an artist wanting to make a buck off of something that provides you with entertainment.

      I mean, really, what entitles you to free entertainment? If you want it so much then find and listen to/read/enjoy stuff offered for free by the artist and don't use that which the artist wants you to pay for. Get off your high horse.

    41. Re:They should more to a more civilized country by Anonymous Coward · · Score: 0

      Even if we were to accept your gross oversimplification, unless it took you as much as the rest of your life plus 70 years to produce your work, you're enormously overcharging me and each one of your customers. Expect a class action lawsuit from all of us.

  9. Since when... by Hamsterdan · · Score: 1

    is a .torrent file containing any copyrighted material?

    --
    I've got better things to do tonight than die.
  10. The war on torrents... by bobdotorg · · Score: 3, Interesting

    ... is about as likely to be won by the content holders as the 'War on Drugs' to be won by the Federal Govt.

    The parallels are striking, starting with 'Just say no' / 'Don't copy that floppy', and then escalating internationally to ACTA.

    As long as the demand for unauthorized content exists, supply will find its way.

    Until consumers have a compelling reason to buy an authorized copy (iTunes is a great example of this), torrents or some other tech like .nzb will give the people what they want.

    --
    __ Someday, but not this morning, I'll finally learn to use the preview button.
    1. Re:The war on torrents... by Monkeedude1212 · · Score: 2, Insightful

      Until consumers have a compelling reason to buy an authorized copy

      Thats the problem with the system - is that an unauthorized copy can be more than enough for most people. So what are you going to do to make the authorized copy more compelling?

      Name something you can add to an authorized copy that can't be added to an unauthorized copy. Aside from something physical you can't download (like a poster), or locking it with DRM (which people fight against) you simply can't make it more compelling to buy.

      Tell you what - implement a system that says if I own every CD by a given band, and I take it down to Ticketmaster I can get 50% off the ticket price for that band - I will certainly revert to buying CD's once again.

      I'm living in a dream world - no one wants to make authorized copies THAT compelling to buy, theres no money in it!

    2. Re:The war on torrents... by Anonymous Coward · · Score: 2, Insightful

      as likely to be won by the content holders as the 'War on Drugs' to be won by the Federal Govt

      Considering that drug prohibition rakes billions of dollars through the business of government every year, I'd say yes, drug prohibition is a HUGE win -- for those at the top of the power pyramid.

      You're not in the business of government, are you?

    3. Re:The war on torrents... by Anonymous Coward · · Score: 0

      Give me a reason why the horse and buggy is unequivocally better transportation, and I'll get rid of my car.

      If technology has advanced far, far beyond a business model which cannot (or will not) itself be changed, then the model needs to be retired for an entirely new one.

      Outright refusing new technology and holding back society in case you haven't noticed is NOT the answer.

      Note: only not logged into /. because I'm at work... username is Kabuthunk.

    4. Re:The war on torrents... by Facegarden · · Score: 1

      ... is about as likely to be won by the content holders as the 'War on Drugs' to be won by the Federal Govt.

      The parallels are striking, starting with 'Just say no' / 'Don't copy that floppy', and then escalating internationally to ACTA.

      As long as the demand for unauthorized content exists, supply will find its way.

      Until consumers have a compelling reason to buy an authorized copy (iTunes is a great example of this), torrents or some other tech like .nzb will give the people what they want.

      Interesting that your bring up iTunes. Last I checked (it's been a while) the videos on iTunes still had DRM (even though the music doesn't). As long as legitimate means of getting content still require DRM, I'll keep pirating it. I don't want my movie collection disappearing in 5 or 15 years when I've moved computers too many times, or some server gets taken offline, or the prevailing OS of today falls by the wayside.

      I actually buy music now, because i know i can keep it forever.

      Not sure if you meant itunes is an example of the right way or the wrong way, and i suppose its better than nothing, but i just felt I should add my sentiments - I don't see why they stopped using DRM for music but kept using it for video, and until thats gone, I don't be using it.
      -Taylor

      --
      Worldwide Military budgets: $2100 billion. Worldwide Space Exploration budgets: $38 billion. Really, world? Really?
    5. Re:The war on torrents... by Ornlu · · Score: 1

      Name something you can add to an authorized copy that can't be added to an unauthorized copy.

      The only real way to do this is to add "convenience" to the authorized copy. ie: create a system or a program or a space where getting music/movies/TV shows is so convenient that you're willing to pay to use the service.

      Think about it: the reason tapes beat records was because they were more convenient. The same is true for CDs, and MP3 players. If you invent some new system that makes the authorized content more convenient than unauthorized, copyright might have a fighting chance. As is, DRM has made authorized copies the less desirable of the two...

    6. Re:The war on torrents... by Draek · · Score: 1

      Permanent, inmediate availability regardless of where I am, *that's* what and without jumping through a million hoops to get it (iTunes, I'm looking at you).

      Take Steam or Impulse for instance. You pay $9.99 for your game and you can play it anywhere, on your desktop PC, your notebook, your netbook and, safety issues of the idea aside, even download and play it in an internet cafe in the middle of South Africa next year if that's what you desire.

      Sure, for the newest and shiniest that all kids are after TPB works pretty much the same, but for older or indie titles such as Project Aftermath or Xpand Rally, you'd be lucky to get a torrent at all let alone speeds over 15kb/s, which is *incredibly* painful when you compare it to the 400-600 kb/s you can get from legit services.

      Pity that the only comparable service for music is Magnatune and there's absolutely nothing for movies, but I'm blaming that on the RIAA/MPAA's stupidity rather than there being a lack of a market for such services.

      --
      No problem is insoluble in all conceivable circumstances.
    7. Re:The war on torrents... by cdrguru · · Score: 1

      iTunes is a sop to over-30 folks that don't understand downloading. It commands maybe 2% of the music downloads. While it is the largest retailer of music where money is collected, it pales in comparison to the free downloads that are going on.

      You cannot make a compelling case for paying when the alternative is free. You can make it easy for older folks to pay when the alternative is learning about their computer, learning about P2P software and learning about the Internet. As these folks age-out of the user community, iTunes dies.

    8. Re:The war on torrents... by cdrguru · · Score: 1

      Piracy is getting more and more user-friendly all the time, and sites like isohunt are helping.

      I would say the "compelling" part of this is pretty clear - it will soon be much more compelling to pirate than purchase anything digital.

    9. Re:The war on torrents... by Dhalka226 · · Score: 2, Insightful

      It depends on what we're talking about.

      Music, for various reasons, is just too convenient to pirate. Most people can't tell the difference between a decent-quality MP3 and CD quality. It's already in a format you're most likely going to want it in (unlike physical CDs), they're small enough that even if the seeders aren't very fast you're not waiting very long for your file. The only way they can compete is price. I bought far more music from allofmp3 back in the day than I bought from iTunes. 99 cents is getting there, but I still find it too pricey and I really loved the ability to get the song in the quality of my choice. These are things that a company could easily offer, by the way. Other than price it probably wouldn't bring too many people in, but it's not like it takes a ton of money or time up front to get working.

      Movies, on the other hand, are a pain to pirate. They're large, requiring good seeds. You typically find an H264 .avi file which, while nice quality, is likely not as good as DVD quality. And I'd be willing to bet that a large number of people simply end up burning these to disc anyway, which requires the purchase of a disc, burn time, and potentially time to encode it into a DVD format before the burn. A good, fast, and significantly cheaper download service would help a lot. $15 for a downloaded copy is still too much; the price point needs to be closer to $10 to get significantly higher uptake.

      Games are similar. They're large files, and extremely high virus risks, and they almost certainly just get burned up to a disc anyway. All of this is time and effort on top of the actual pirating. Buying the games online offers you no discount at all, despite the inconvenience and time consumption involved in the process compared to buying a physical copy. And again, price.

      Some things for all media to take note of:

      1. Yes, it's about price. Sorry. I'm not saying that every single person would turn form pirate to customer with a price drop, but you WILL significantly see demand increase with price drops. Some of these drops need to be big, some need to be smaller. Games in particular, but even movies to a lesser extent, are too much a decision to buy. Get the prices into the impulse category and watch your sales explode.

      2. Stop with DRM of any kind. These is no reason that it should be less convenient to own a legitimate copy of something than a pirated one. I don't want to rely on your DRM servers being up. I don't want to be forced to sit through FBI warnings or previews that I've seen 50 times before and have no interest in watching. I don't care if your previews automatically update themselves through the Internet. It's not the point.

      3. You need to be convenient. That means good selection, good choice, fast download speeds. That means cheaper prices when I'm getting less (digital vs. physical copies). Maybe even throw in a physical copy with a digital purchase as an option; charge $5 more and you'll probably even make money even on top of production and shipping for people who choose the option. Take Disney's approach: If I buy a Blu-Ray movie, toss in a DVD disc and a digital copy--sans DRM--in the case. My parents STILl haven't seen The Dark Knight because I bought it in Blu-Ray and they don't want to sit in my room watching a movie for three and a half hours. I'm not trying to screw you (I already made the purchase!) Stop being paranoid.

      4. For all the talk of piracy, you're still turning strong profits. Remember that. You should care about piracy, but you should also realize there is room to drop prices and add features without impacting your product. And in areas where you do have to, deal with it. The days of becoming an instant millionaire by releasing a popular CD are probably over. You aren't getting them back, so just learn to live with that and act according to the new realities.

      5.

    10. Re:The war on torrents... by Monkeedude1212 · · Score: 1

      1. Yes, it's about price.

      Yes - but also in the fact that there IS a price. No one is going to pay even a penny for what they can get for free.

      Stop with DRM of any kind.

      Then you've essentially made it easy for people to release high quality media to the piracy network. I know people who download blu-ray quality files, I couldn't tell the difference. Once you remove DRM, you have nothing to stop people from pirating but their own environment (like if they have a bad ISP).

      3. You need to be convenient.

      I don't particularily find the systems in place to be entirely inconvenient. I hear nothing but positive reviews for Netflix, Apple guys won't stop boasting about iTunes... Steam handles games rather well. But they are all publishers trying to stop Piracy.

      4. For all the talk of piracy, you're still turning strong profits.

      I wish we could so easily convince people to rid themselves of their greed. This isn't about whether they are making money, but whether they are making enough money. And their answer is always "no".

      5. Promote better Internet access.

      This is expensive. By keeping internet supply down they can keep internet prices up. Supply and demand, don't want too much supply. And it stops people from downloading. They won't spend money on upgrading till they have to.

      6. Did I mention dropping your prices and giving up on the anti-piracy crap?

      I don't think those will save any product. I think that would be a disaster, from a business standpoint. Say tomorrow, iTunes drops its prices to 25 cents a song, but removes all DRM from its system.

      Now, I didn't feel like paying 99 cents, 75 cents, or 50 cents for a song. I can now get those songs for free using any pirating software out there.

      Alright lets say DVD's come down to 8 bucks a move, maybe 12 for a new release. Well, without DRM, I know I could wait about 2 days, hop on a site and find download a ripped version. I cheaped out on internet so it'll take 3 days to download, but then again, I waited a month for it to come out on DvD so whats a little longer?

      Games? Well if theres no DRM, theres no harm copying the CD for my room mate. He wants to get his best friend on this two. Awesome, 3 people to play with. Oh hey, before you know it, we've got a 20 person Clan going! And what do you know, there were probably over 300 copies of my CD made in the first month. And I can just imagine how many more are coming down the pipe.

      Stop clinging to a dying past. Change is painful, but that doesn't stop us from having to adapt.

      It isn't dying now anymore than it was 50 years ago. Should things roll into a more internet central cloud based system, there will still be DRM, and people will still be fighting piracy. You can quote me on those famous last words.

    11. Re:The war on torrents... by Barny · · Score: 1

      Fuel is cheaper, less harmful greenhouse gasses, buggies can be repaired with a hammer, easily replaceable motor (no tools required!), cruise control that will turn corners for you too...

      And of course, when they start accelerating out of control, just shoot the damn horse and it will stop :)

      --
      ...
      /me sighs
  11. YAAAAYYYYY.....What a bunch of jerks. by Anonymous Coward · · Score: 0

    I know that I'm not supposed to say that they were

    stealing but that's sure what it felt like. They should feel lucky that the judge didn't levy billions in fines. Good riddance to bad rubbish.

  12. another incorrect use of "content" by brre · · Score: 1

    You mean media, or expression, or product. The content, if any, cannot be copyrighted. Also you don't mean infringing, you mean unlicensed, or pirated.

    1. Re:another incorrect use of "content" by Facegarden · · Score: 1

      You mean media, or expression, or product. The content, if any, cannot be copyrighted. Also you don't mean infringing, you mean unlicensed, or pirated.

      What? I'm pro-pirating, and I don't even know what you're talking about. It sounds like you're trying to make an unnecessary argument, which isn't likely to help anything...

      Or else, wtf are you trying to say?
      -Taylor

      --
      Worldwide Military budgets: $2100 billion. Worldwide Space Exploration budgets: $38 billion. Really, world? Really?
    2. Re:another incorrect use of "content" by brre · · Score: 1
      I take it that you believe "content" means "that which is contained".

      "Content" means the substance or subject matter of a work. It cannot be copyrighted.

    3. Re:another incorrect use of "content" by Facegarden · · Score: 1

      I take it that you believe "content" means "that which is contained".

      "Content" means the substance or subject matter of a work. It cannot be copyrighted.

      No, that isn't what I take it to mean, in this context - and I'm not sure why you would think that unless you're just trying to be an annoying pedant. If you were to google for the word "content", you'd find it has multiple definitions. The important one, here taken from dictionary.com is:

      "substantive information or creative material viewed in contrast to its actual or potential manner of presentation: publishers, record companies, and other content providers; a flashy Web site, but without much content."

      In the case of the article, the word content is being used just fine:
      "IsoHunt... has been ordered to remove the .torrent files for all infringing content"

      In this case, the creative works of content creators are being freely shared on a website. Yes, we all know bittorrent files don't *contain* the *content* in question, but that isn't what the article is saying. Besides, it's not 2003 anymore - the whole "the torrent files don't contain anything copyrighted" argument doesn't really fly anymore as the laws have been changed accordingly... so I don't even see why you would have brought it up in the first place.
      -Taylor

      --
      Worldwide Military budgets: $2100 billion. Worldwide Space Exploration budgets: $38 billion. Really, world? Really?
  13. So what? by Zedrick · · Score: 2, Insightful

    I don't like isohunt (for reasons I can't remember) and I think copyright violations are wrong in some/most cases (I'm in the 10-20 year copyright crowd), but why would isohunt or anyone else who gets hit by judgements care much? It doesn't take too many hours to move the site to some other country. And as a former abuse-handler of a large webhost, I know that simply hosting whatever you're doing in a different country that the people who wants to shut you down will make it very hard for them (at least in countries not ruled by the RIAA or MPAA.)

    (as abuse-handler, the best part of my job was to tell all morons sending me DMCA-notices to stuff it, since the DMCA is a US-thing and if they had a valid complaint to make they would say so instead of using silly DMCA-mails to abuse@xxx.com).

    1. Re:So what? by Anonymous Coward · · Score: 0

      Isohunt is already located in "another country". It's in Toronto.

      Why should they care about DMCA notices?

    2. Re:So what? by Zedrick · · Score: 1

      Isohunt is already located in "another country". It's in Toronto.
      Why should they care about DMCA notices?


      I don't know if they do - but probably (by now, half of the world is brainwashed into thinking that the DMCA is some kind of UN resolution). But that was just a sidenote where I tried to point out that whatever some Judge in country X says doesn't matter in country X (usually).

    3. Re:So what? by shutdown+-p+now · · Score: 1

      Why should they care about DMCA notices?

      Actually, DMCA notices are a good thing for sites like IsoHunt. When that system is in place, so long as they follow the procedure of responding to such notices as outlined by the law, they cannot be sued. Before the system was introduced, however, a service provider could be sued for any material he serves, regardless of who uploaded it to the provider's servers, if its distribution infringes on someone's copyright.

      Before DMCA, the only way out of this conundrum was to be a common carrier. However, so far, there hasn't been a definite acceptance even of ISPs as common carriers, much less online service providers, so that one is mostly hypothetical.

      Ironically, IsoHunt would have probably had less problems in U.S. (due to complying with DMCA) than they do in Canada.

  14. Key excerpts from TFA by emurphy42 · · Score: 3, Informative

    The movie studios had brought in expert witnesses stating that a statistical sampling of the content and server logs showed that nearly all of the content infringed copyrights, and about half of the downloads were made within the US. Fung dismissed this as "junk science" but did not present any sort of evidence showing that this wasn't a valid approach.

    Fung previously tried to argue that his sites were just another search engine that just happened to pick up copyrighted content, but the studios countered with evidence that his search code was specifically tuned to find copyrighted material.

    it would be nearly impossible for Fung to actively investigate every single file to see whether it's legal or not. Fung believes this goes outside of the DMCA and that the MPAA should provide a list of links to files that it wants taken down instead.

  15. OHHHH CANADA by Anonymous Coward · · Score: 0

    you stupid it twits
    OHHHH CANADA
    its hosted in where
    OHHHH CANADA
    we stand on guard FOR THEE

    1. Re:OHHHH CANADA by blai · · Score: 1

      Canada is standing for us, you moron.

      --
      In soviet Russia, God creates you!
  16. And they'll just move the .torrents by JorDan+Clock · · Score: 1

    Since IsoHunt is mainly a search engine of torrents, they could just crawl the .torrent hosts and instead of saving a local copy like they do now, they'll just provide a link to the host. I don't see how this will change things much.

    1. Re:And they'll just move the .torrents by Facegarden · · Score: 1

      Since IsoHunt is mainly a search engine of torrents, they could just crawl the .torrent hosts and instead of saving a local copy like they do now, they'll just provide a link to the host. I don't see how this will change things much.

      I think they already do that. The laws are changing in response to people doing this, to the point where if you're trying to help people infringe, they will find a way.

      There will always be a way to pirate, but i don't think that method will fly.

      --
      Worldwide Military budgets: $2100 billion. Worldwide Space Exploration budgets: $38 billion. Really, world? Really?
  17. A more agreeable resolution? by SOdhner · · Score: 1

    "Fung claims he's still hoping for a more agreeable resolution that won't result in IsoHunt closing its doors,"

    Hah! That's a joke, right? More agreeable that having to remove infringing content? The only thing more agreeable than that is if he removes it all AND pays massive fines. Oh... wait... more agreeable to *him*?

    That's equally funny. For that to be a remote possibility someone in authority would have to be okay with him facilitating the transfer of copywrighted material and there's just about zero chance of that happening. Let it go.

  18. Hmm by Anonymous Coward · · Score: 2, Interesting

    I am saddened by the judge striking down this use of the internet. A television network should do a news piece on this, in order to transfer knowledge about this subject to the masses. I'm sure they have a protocol to deal with internet stories.

    Someone please keep me posted. Why?ENCASE THIS BECOMES A HUGE STORY instead of just letting it die! please! For the good of us all!

    1. Re:Hmm by LanMan04 · · Score: 1

      Y
      O
      U

      A
      R
      E

      V
      E
      R
      Y

      S
      U
      B
      T
      L
      E
      !

      --
      With the first link, the chain is forged.
  19. What I want to know by Aranykai · · Score: 1

    I realize Canada is a party to the Berne Convention, but what does a US Judge have to do with a site run entirely in Canada?

    On a side note, the original judgement against them was the categorized system in which users access torrents, specifically that it had sections for movies, music and such that could be browsed without a search input. They have been working on a "lite" version of the site that removes all the functionality that the MPAA complained about and are hoping to present it as a way to stay in operation and still satisfy the courts.

    http://isohunt.com/lite/

    --
    If sharing a song makes you a pirate, what do I have to share to be a ninja?
    1. Re:What I want to know by IshmaelDS · · Score: 1

      This was my thoughts too. I was pretty sure that they couldn't do anything to the site as it's not hosted in the USA. IANAL so I could be quite wrong on that though.

      --
      letting an idiot know they are an idiot is not a game... it's a responsibility. - by Kristopeit, M. D. (1892582)
  20. Time to move to decentralized torrents? by acheron12 · · Score: 1

    It seems there's already software (Tribler) that bypasses the need for host sites.

    --
    there is no god but truth, and reality is its prophet
  21. Keep dreaming..... by tacokill · · Score: 2, Insightful

    It's not an endless river.

    Yes, yes it is. As far back as I can recall -- and that is a long way -- there has always been piracy. To think or even suggest that you can "dent" or outright stop piracy is just wishful thinking. It always has been.

    The method will differ, that's all. Goodbye torrents, hello ?????

    The only reason this seems odd is because over the last 10 years, the general public has gotten into piracy in a big way. If that hadn't have happened and it was much more "low key" -- we wouldn't be having this discussion and you, most likely, would not even realize piracy was taking place. Now we have torrents. Before that we had http. Before that we had SFTP. Before that we had FTP. Before that we had Zmodem on BBS's. Before that, we had X/Ymodem. And before that we had sneakernet.

    The evolution continues...


    (sidenote: Remember rule #1. I purposely have a glaring oversight in the list above. Can you spot it? LOL)

    1. Re:Keep dreaming..... by Anonymous Coward · · Score: 1, Informative

      The first rule about u***** is that you don't talk about u*****

    2. Re:Keep dreaming..... by Anonymous Coward · · Score: 0

      What, Napster? No? Hmm.. How about the mule? No? I wonder what it is.

    3. Re:Keep dreaming..... by fulldecent · · Score: 1

      >> The method will differ, that's all. Goodbye torrents, hello ?????
      >> (sidenote: Remember rule #1. I purposely have a glaring oversight in the list above. Can you spot it? LOL)

      Yeah, but I thought it's spelled ??????

      --

      -- I was raised on the command line, bitch

    4. Re:Keep dreaming..... by Anonymous Coward · · Score: 0

      Why not name it? Haven't you heard? It's been declared dead for ages. How can they kill that which does not live? There's nothing to fear.

      Fidonet is DEAD! Long Live Fidonet!

    5. Re:Keep dreaming..... by Mordok-DestroyerOfWo · · Score: 1

      But rule number one is I'm not supposed to talk about it!

      --
      "Never let your sense of morals prevent you from doing what is right" - Salvor Hardin
    6. Re:Keep dreaming..... by mmalove · · Score: 1

      Uh, people talk about ubuntu all the time.

      --
      You can get 15 minutes of fame, but you can go down in history for infamy.
    7. Re:Keep dreaming..... by genner · · Score: 1

      It's not an endless river. Yes, yes it is. As far back as I can recall -- and that is a long way -- there has always been piracy. To think or even suggest that you can "dent" or outright stop piracy is just wishful thinking. It always has been. The method will differ, that's all. Goodbye torrents, hello ????? The only reason this seems odd is because over the last 10 years, the general public has gotten into piracy in a big way. If that hadn't have happened and it was much more "low key" -- we wouldn't be having this discussion and you, most likely, would not even realize piracy was taking place. Now we have torrents. Before that we had http. Before that we had SFTP. Before that we had FTP. Before that we had Zmodem on BBS's. Before that, we had X/Ymodem. And before that we had sneakernet. The evolution continues...

      The problem is piracy is too easy now. Your average shmuck wasn't pirating on a invite only BBS using kermit. I hope the next evolution puts piracy back into the hands of geeks where it belongs.

    8. Re:Keep dreaming..... by Anonymous Coward · · Score: 0

      LOL - Of course, but if you listed it, you'd be breaking the first rule.
      Users Should Emphatically Not Ever Tell... ;-)

  22. I hate obviously fake news stories on by BatGnat · · Score: 0, Offtopic

    the 1st of April.

    An yes where I am, It has been the 1st for five and half hours.

  23. One thing the copyright owners are doing by wiredog · · Score: 1

    Is not selling their content in countries, like Spain, where piracy is rampant.

    1. Re:One thing the copyright owners are doing by Anonymous Coward · · Score: 0

      Bullshit. I'm from Spain and nobody has stopped selling any content here (and if you're referring to the Sony affair, a Sony representative said they didn't plan to do it and it was all a big misunderstanding). Also, piracy is not rampant here (but then again, you're probably calling "piracy" something that is not considered "piracy" here).

  24. meh by Anonymous Coward · · Score: 0

    you kill one site, 4 pop up. If they kill torrenting, it will force us into a new, better format. you will never kill us.

  25. Torrent for Torrents? by Anonymous Coward · · Score: 0

    I think they should make a torrent file for torrent files. Have a site host a single torrent for a whole bunch of torrents. That way, they would have to sue all of the seeders for the torrent files insetad of one entity.

    1. Re:Torrent for Torrents? by mweather · · Score: 1

      Xzibit, is that you?

  26. Visit your local library by fyoder · · Score: 4, Insightful

    When I was a lad long, long ago we had no internet and only two tv channels. Usually there wasn't anything on worth watching. I read a lot of books.

    Most cities have these buildings full of books and even media, which they seem perfectly happy to loan out for free. I'm not entirely sure what their business model is, but they've been doing this for as long as I can remember, so it appears viable, strange though that may seem. It might be time to rediscover them.

    --
    Loose lips lose spit.
    1. Re:Visit your local library by cdrguru · · Score: 1

      Books require lots of physical space and it is very difficult to find "free" books that you can stuff in your shelves to show off to friends. So books aren't going to work.

      Places that loan out media don't cut it for bragging about how much "stuff" you have been able to accumulate. With a decent internet connection a moderate-to-bigtime collector can have thousands of movies and hundreds of thousands of songs. Sure, you can rip everything a library has, but it takes going to the library a lot.

      What has apparently evolved is a "library" where you can grab everything that has ever been recorded in digital form. Then you can load up your hard drives with it to show to friends. Looks really cool. Note that none of this stuff is ever actually viewed, just collected. There isn't any time to watch this stuff... too busy collecting.

    2. Re:Visit your local library by SoTerrified · · Score: 2, Insightful

      Most cities have these buildings full of books and even media, which they seem perfectly happy to loan out for free. I'm not entirely sure what their business model is, but they've been doing this for as long as I can remember, so it appears viable, strange though that may seem. It might be time to rediscover them.

      Until the Dewey Decimal System is identified as "An indexer providing links to materials under copyright" and gets shut down by the courts. Oh sure, Melvil Dewey might try to claim he was only trying to provide a way for people to find material, but the links in the Dewey Decimal System clearly link to material he doesn't own, and that he has no right to make available.

    3. Re:Visit your local library by Anonymous Coward · · Score: 0

      If you rip a DVD you borrowed from the library, is the copy of that DVD distributable throughout your community because it was publicly available anyway?

    4. Re:Visit your local library by Anonymous Coward · · Score: 0

      I'm not entirely sure what their business model is, but they've been doing this for as long as I can remember, so it appears viable, strange though that may seem.

      public libraries are paid for with taxes. that's not a business model.

    5. Re:Visit your local library by Anonymous Coward · · Score: 0

      If you rip a DVD you borrowed from the library, is the copy of that DVD distributable throughout your community because it was publicly available anyway?

      Of course! You're helping the library. I'm sure they would give you a good citizenship medal for that.

  27. OK... by DarthVain · · Score: 1

    I understand the reason to fight in court, however if he ends up losing, what is to stop him from just moving all his physical servers to some country like Kerblackistan that doesn't give two whits about what some judge in USA land has to say? I mean the whole site is just hosting torrents which are just teeny tiny files that point uTorrent et al where to find the good stuff, correct? That doesn't exactly take a whole lot of horsepower.

    I mean Pirate Bay got shut down because the US pressured the crap out of Sweden to do it, but I am sure there are plenty of places that could care less.

    Anyway I gotta go blow my bandwidth cap for March/April and download what parts of the internet I don't already have...

    1. Re:OK... by debest · · Score: 1

      I mean Pirate Bay got shut down because the US pressured the crap out of Sweden to do it, but I am sure there are plenty of places that could care less.

      The Pirate Bay is shut down? Really? If so there's another very similar looking site using the same URL! It even helped me download some files just last night!

      --
      Look at the tomato! Isn't it sad? He can't dance! Poor tomato!
    2. Re:OK... by shutdown+-p+now · · Score: 1

      I understand the reason to fight in court, however if he ends up losing, what is to stop him from just moving all his physical servers to some country like Kerblackistan that doesn't give two whits about what some judge in USA land has to say?

      The case is in Canada, the site is hosted in Canada, and its owner is a Canadian citizen.

      I am sure there are plenty of places that could care less.

      Care to name some places which "could care less", which also have the necessary infrastructure, and where your servers aren't likely to be taken down for something else (say, some local censorship laws)?

  28. why don't they move? by iamhassi · · Score: 1

    "Once the admins and users will start getting jail time and huge fines more often,"

    unless they do something crazy, like move to another country. Spain has already ruled P2P and P2P links are legal. Isohunt has 40 million unique searches a month and is worth $51 million dollars, generating $5 million a yr in ad revenue. If the US Govt told me "Hey! You can't make $5 million a year anymore!" I would be on the next plane to where ever it was legal to keep doing what I'm doing.

    --
    my karma will be here long after I'm gone
    1. Re:why don't they move? by sopssa · · Score: 1

      Except that neither IsoHunt or it's owner are in US or US citizens - he's Canadian.

      Your Spain link is out-of-date too, see this newer one: Judge Orders Blocking of Torrent Sites in Spain. Russia also banned ALL torrent sites and so did China. Where will you go? Somalia?

    2. Re:why don't they move? by Luther+Blisset · · Score: 1

      His Spain link is not out-of-date. Read both articles so you actually know why one judge ruled what he ruled (and what he actually ruled, which wasn't that ALL P2P links and all filesharing are legal), and why the other ordered what he ordered. Also, wait for the second judge to rule, he may still decide those sites are legal (the blocking is a preemptive measure, doesn't mean the sites are illegal).

  29. Bam...Bam ... Whack-a-mole by w0mprat · · Score: 3, Interesting

    It's a game of whack-a-mole. My concern is the same is the real game of whack-a-mole. One game I played as a kid (sharks not moles), the better you did, the more the game speed up until it was impossible to win.

    The internet is all about copying, it's fundamental, and it's never easier. It's what Turing machines do. Consider Streaming even, there is not such thing as streaming, it's still downloading, however renamed to keep rightsholders from realising what it really is.

    Theoretically it's possible to create a file sharing service that is incredibly difficult perhaps almost impossible to monitor and trace. Onion routing works pretty well, there are robest methods of key exchange, and it seems encrypted links are good enough to protect online banking.

    All the while bandwidth, computational capacity and digital storage is getting better, faster and cheaper. If one thought piracy was at an all time high now and the tide will start to turn against it, then one is like a luddite before the industrial revolution.

    Maybe Big Content does end up shutting down P2P faster than it can pop back up, and even win some candy floss in the process. Piracy will just move back to untraceable anonymous physical media. You see, one underestimates the bandwidth of a portable hard drive or USB stick moving from A to B.

    What about ACTA border searches of your iPod and laptop? Considering the size of a 32gb MicroSDHC Card now, , (I was amazed when these things came out at 2gb!) it becomes possible to move 40+ VCD movies in something as big as your fingernail which a data smuggler could stitch into clothing for gods sake.

    Still don't get what I mean? A high end 32gb SDHC card costs alot, but so did a $10 4gb card once upon a time. What happens when these things hit 500gb, 1000gb? Become so cheap that you give them away like we do with burned CD/DVD-Rs now?

    Another example, my entire music collection (legit) took up most of my expensive 80gb harddrive in 2003/2004. Today that same price point, buys me a 1.5TB drive, with change. My music collection that has only grown a little suddenly has a trivial footprint.

    A hypothetical pirated movie collection of hundreds of 700mb VCD-quality movies now fills up a good chunk of ones hypothetical 1TB drive.

    In six years that will be nothing on my $100 50TB drive.

    By the end of the decade you could afford to have a desktop computer with every major movie of the last 50 years stored on it with room to spare.

    Repeat.

    Yeah so you were thinking maybe we are seeing the end of piracy, but it's only just getting started. Suddenly Big Content seems like a bunch of luddites tearing down the machines of the revolution, failing to see the precipice of change coming.

    --
    After logging in slashdot still does not take you back to the page you were on. It's been that way for 20 years.
  30. Wrong focus? by Mathinker · · Score: 1

    Why not focus on a different aspect? How exactly is Isohunt supposed to know what is infringing? Google (or rather, YouTube), when put in same spot as Isohunt, has nicely provided an example that authorized copyright holders have been known to post their content as if it were pirated.

  31. Already moved... by Anonymous Coward · · Score: 0

    Isohunt's creators and community have already moved on to other things. It only takes a small look at the news section on IsoHunt to see where. Whether these new sites are more effective for P2P users or easier to shut down, only time will tell, but the move has already happened and the MPAA is screwed either way.

    The TPB is also a shining example of the amazing waste of legal and human resources: all that legalese and court BS, but it's still up and running and more popular than ever before!

    What this is really about: from the other article up today on /. and in these disgusting people's own words (I equate them with that SCO a**hole): We're creating a revenue stream and monetizing the equivalent of an alternative distribution channel,' says Jeffrey Weaver, another lawyer at the firm.

  32. Easy-button by Anonymous Coward · · Score: 0

    "not to mention that it would be nearly impossible for Fung to actively investigate every single file to see whether it's legal or not."

    Not "nearly impossible", it is impossible. The court has no authority to require that he investigate every single file to see whether it is legal or not. Also, it is an unlawful court order because it is impossible successfully execute. The court cannot lawfully order you to do something that is impossible.

    I have an excellent analogy. Could a judge order a newspaper to remove its classified advertisements for all stolen property? How is a newspaper supposed to know whether that Bowflex was obtained legally? Likewise, ISOHUNT is nothing more than an advertising service for those wishing to very efficiently exchange information/files. Some user content is legal, some is not. It is not appropriate to go after the advertising service or the legal users of an excellent information exchange service for the actions of criminals.

    No, I actually am not a pirate, so they can stop making stupid assumptions. I am an IT pro who uses a tremendous amount of open source software and I enjoy real music by real artists, rather than the polished trash churned out by multinational corporations. BTW, in addition to their willingness to throw regular consumers under the judicial bus to make a few extra bucks, they also are engaging in anti-competitive practices as they hope to silence all the artists who rely on P2P to spread awareness of their content rather than pay
    the corporations their 'protection money' and conform to their ridiculous standards.

  33. In a completely unrelated story by KiwiCanuck · · Score: 1

    CEO G@Ry FuNg has introduces a new torrent site: www.is0hunt.com

  34. Is this a one-time take down? by subanark · · Score: 1

    I read the article, and I'm still confused. If he is ordered to take down all infringing material, then the solution is simple: purge all torrents, then let the users upload them again. I'm sure if he announced that there was a time planned to do this, someone would back up all the torrents, and then re upload them after the purge.

  35. Two words of advice by Anonymous Coward · · Score: 0

    Move abroad!
    (not yourselves psychically, but the website business and hide address of domain owner, preferably use non-US registrar).

  36. Re:Your TIME IS SHORT - Eli IS COMING !! by Runaway1956 · · Score: 0

    Wrong. The law may have shut down ONE method of file sharing - though that is still up in the air. It ain't over til the fat lady sings - and today, no one listens to phat broads!

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  37. Cultural heritage by nfc_Death · · Score: 1

    It is heart wrenching to see where this is going. We are selling our future cultural heritage to entities which have no desire to preserve it, only to control it till it no longer makes them money and then assault those who attempt to enjoy it after that.
    The single reason our species has made it this far is through the free exchange of ideas, art, theory, process, and emotion. To see that we have denied our history and choose to err on the side of greed is terrible indeed.
    To those naysayers out there that believe this series of events in the last ten years, regarding copyright and patent, is healthy for our society; Really? You truly and honestly believe this is for the betterment of our species? Really?

    1. Re:Cultural heritage by pclminion · · Score: 1

      What are you talking about? If you want to exchange ideas, art, theory, process, and emotion with other like-minded individuals, then do so. Who the hell is stopping you?

    2. Re:Cultural heritage by nfc_Death · · Score: 1

      I stated the exchange of those things is being restricted by non-human entities which have no desire for the furtherance of our species, only the furtherance of themselves. And they are pushing for further restrictions of those exchanges.
      Over simplification muddies the point, of course I can still exchange some of those things, but by no means all and some of those things only if I have paid for the right to possess a copy of them. And even if I have the right of possession according to current law I cannot continue exchanging it. I only have the right to possess it, and barely at that. When you bought your last piece of music did it come with a piece of paper allowing you access to that music forever? No it did not, you cannot go back to the sony site and demand a fresh copy of it. Also according to the DMCA if it contains copy protection you cannot even make a backup copy of it to ensure your continued access.

      I was not lamenting where we are so much, as where we are headed. Already my right to access and exchange those things I mentioned is heavily restricted, to the point of contradiction. If this is where we are now, are you under the assumption that the restrictiveness and policing of exchange is not going to go any further? ACTA is the perfect example that there are already talks in the works to ensure that you cannot exchange anything unless it is acceptable to big business the gov't and various religious groups.

  38. It's interesting by GF678 · · Score: 1

    Slashdotters, like most people I guess, don't like it when someone gets off on a "technicality". People often wish the law employed more common sense when determine verdicts.

    However, when it comes to torrent sites in which is it obvious to everyone that the site facilitates the downloading of pirated content, people WANT to use technicalities to show that the site is not at fault, either because the .torrent files aren't copyrighted themselves, or that Google also facilitates the download process. They want to use technicalities here as a legal defence, but hate it when the MPAA use them themselves for example.

    Hypocrites.

    1. Re:It's interesting by kz45 · · Score: 1

      "Slashdotters, like most people I guess, don't like it when someone gets off on a "technicality". People often wish the law employed more common sense when determine verdicts."

      It's even worse than this. How about bitching about how the copyright laws needing to be repealed, yet supporting GNU violation lawsuits, which rely on exactly the same laws.

    2. Re:It's interesting by JesseMcDonald · · Score: 1

      First, "Slashdotters" are not a hive mind. If you want to throw around the "hypocrite" label, first find some individual Slashdotter deserving of the term.

      Second, not all technicalities are created equal. There is a difference between letting off someone who clearly did cause harm to others just because e.g. they weren't reminded of a procedural detail they should have known already, vs. letting someone off because the evidence is inconclusive, or because their action may have been similar to something illegal, or indirectly contributing to something illegal, but was not quite illegal per se. These are all technicalities, but in the first case they definitely did something both illegal and harmful, whereas in the other cases either the illegality of their actions or the resulting harm has not been definitively established.

      Finally, in a world where the law itself is often unjust, if said justice is best served by technicalities in some instances, and undermined by them in others, then one's approval will naturally depend on the context in which they are used. This is no more hypocritical than liking water when it's in a swimming pool but not when it's flooding one's basement.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  39. Do you really think this will work???? by Mathinker · · Score: 1

    > Where will you go? Somalia?

    You lack imagination (and love to play the devil's advocate), eh?

    I'm sure things will get interesting when the "next big thing" on Facebook (and the like) is having everyone post lists of all the media they own so that the "how many steps to the media I want to borrow" application can do its thing.

    Of course, these same lists also have tons of less "infringement-inducing" applications --- for finding people who share similar tastes in media, for example.

    No, the clock is ticking. Nothing will stop the winds of change. It will be interesting to see what will come of it all.

  40. Demonoid :D by Anonymous Coward · · Score: 0

    Too bad for registration codes :[

  41. The problem is the 'inducement' standard... by Anonymous Coward · · Score: 1, Interesting

    > The thing that accused infringement-aiding sites have to prove is that they have significant non-infringing uses. This is obviously true for Google. It is not so obviously true for IsoHunt and others. Sure, you can find legal content (like the latest Linux distros and so forth) - but IsoHunt and its brethren are a) not the sole distribution method for aforementioned legal content and b) the amount of illegal content is significantly larger than the amount of legal content.

    Also, they'll rake you over the coals if you're ever seen committing infringement (which they might use as evidence of inducement) or if you say things like "download movies here!" (which they assume are the infringing kind). Even in Viacom v. YouTube, Google had to create a special filter program to do the (nearly) impossible task of policing copyright owner's "property" for them and they're STILL fighting for their lives with expensive lawyers.

    So what you have to do is to convince the judge (and jury) that you were attempting to set up a mostly legitimate site and that the infringing activity was secondary to the purpose of your site, never approved of by anyone running the site, and that you did your best to stop or discourage it.

    Which sucks, because it cuts into your DMCA Safe Harbor by making you an agent for the copyright cartels even if it's their own damn problem that information cannot be made uncopyable.

  42. lol by jim_v2000 · · Score: 1

    > Fung claims he's still hoping for a more agreeable resolution that won't result in IsoHunt closing its doors

    And I'm still hoping that I get bit by a radioactive spider and gain superpowers.

    --
    Don't take life so seriously. No one makes it out alive.
    1. Re:lol by Little_Professor · · Score: 3, Informative

      From Isohunt's twitter feed: @arstechnica, @wired on us "Ordered to Remove Infringing Content". There's no order, only PROPOSED order & I'd appreciate better reporting

  43. Axioms... by Anonymous Coward · · Score: 0

    From the court document, pg4, lines 8-11
    "Third, it is axiomatic that the availability of free infringing copies of Plaintiffs’ works
    through Defendants’ websites irreparably undermines the growing
    legitimate market for consumers to purchase access to the same works."

    Did not the movie industry post in early 2010 that 2009 was their most profitable year EVER in the history of Hollywood? Generally axioms are a truth... Clearly with all the illegal movie trading going on people are still buying movies.

  44. distributed stores need distributed indexes... by Anonymous Coward · · Score: 0

    ...even something as simple as mirroring the index-site internationally. They can't bring down a growable set of isohunt mirrors, spread around the world. How hard can it be? Not very hard at all I think. If isohunt is primarily pro-bono for pirates, they would have no problem with mirroring to friendly reputable sites - reputable among pirates I mean. Hoist the Jolly Roger!!

  45. Distributed torrent DB/web server? by Anonymous Coward · · Score: 0

    Why not distributed web servers hosting torrent files? The web server+site+db could itself be a torrent shared by peers. IP addresses could be tweeted to a certain account or posted anywhere. No server runs longer than 24 consecutive hours. Peer-blocking of level1 IPs built-in. I can think of three obstacles to this scheme:

    1) impediments to broad-based installations of web servers; opening ports on firewalls/routers/PCs
    2) trust: corrupted versions could steer others to download/install infected files
    3) as OP suggests, there's always another Mininova/TPB/IsoHunt... may not be worth the hassle.

    Still, though, I kinda like the spirit of the idea...

  46. Here's the problem by Anonymous Coward · · Score: 0

    Some content creators, such as the CBC channel, release their shows in Torrent format. Now if you are running a site that just links to files, how do you distinguish between files that are infringing, and files that are there with the full blessing of the content owners???

  47. Tuxracer shows that copyright laws are needed by judeancodersfront · · Score: 1

    Certain types of software are only produced if there are strong intellectual property laws. Volunteer GPL programmers will not self-organize into groups of 50 and create games like Crysis. You are free to produce whatever you want and give it away freely. However you take away options other from producers when you argue against copyright laws.

    1. Re:Tuxracer shows that copyright laws are needed by nfc_Death · · Score: 1

      The claim that creative types will stop producing if they are not being paid or protected is questionable. Whereas I can show you many examples of creativity and art and the free exchange of cultural heritage being stifled by greed, selfishness, and protection of ill-gained authority, could you show me one example of an artist or who stopped creating (barring starvation, hehe) because no one paid him, or his work did not have some special protections for infinity?

      To be clear I am not arguing that no one deserves money for their work and I should get everything for free, I am rather arguing that expectation of a permanent revenue stream from a single point of creation is not only ludicrous from an economic standpoint, it totally goes against the needs of society to build upon prior creations.
      The stronger IP laws we allow, the more stifled our creativity will become. Creativity is derived from freedom of expression not restrictions and policy's governing it.

  48. Intellectual dishonesty is rife here. by judeancodersfront · · Score: 1

    It's pretty sickening for so many to use such intellectual dishonesty when we all know what the site is for. The forums aren't filled with people discussing politics and religion. They're filled with people talking about how to rip a movie or crack an application.

    Economists support intellectual property laws because they encourage the production of goods that couldn't exist naturally since all the cost is in the production, not the reproduction.

    If you support piracy at least be honest as to why you think some of your fellow geeks shouldn't be compensated for their work. Explain why you disagree with the vast majority of economists instead of pretending this site exists for any reason other than to make pirating easier.

    1. Re:Intellectual dishonesty is rife here. by Anonymous Coward · · Score: 0

      Don't fool yourself, current copyright limits and intellectual property laws are strangling innovation and creation of works (actually concentrating it as well when you consider the RIAA payola tactics and cookie cutter "bands" or pretty young blonde for this decade they promote).
      If copyright was limited to 7-10 years, we would have MORE works because there are many more people that can play and act than can write a good story or music piece. Also those that wanted to make a living from it would make more to keep the revenue stream going for them and your creation would become popular and respected for its merits, not because it was promoted in gorilla marketing fashion. Look at the large amount of classical music that is available compared to the amount of people that actually listen to it and the amount that is actually "original". Another area that would take off would be the mix crowd that could take previous works and remix and change them consistent with the current trends. This is the original intent of the copyright laws. Not what it has morphed into from political payoff. There is a reason the MPAA headquarters that represents Hollywood interests is located at 888 16th St. NW, Washington DC which is within viewing distance of the White House.

  49. There's plenty of copyright free music by judeancodersfront · · Score: 1

    most of it sucks and doesn't "further the species" in any way.

    You're free to listen to last.fm if you don't want to pay a measly buck per song.

    But if you want a rationalization for piracy then at least come up with one that doesn't make me gag. Furtherance of our species? Really?

    1. Re:There's plenty of copyright free music by nfc_Death · · Score: 1

      "But if you want a rationalization for piracy then at least come up with one that doesn't make me gag. Furtherance of our species? Really?"

      LOL awesome!
      Actually my argument has little to do with piracy, only the measures that are being introduced to 'war' with what is currently (laughably) called piracy. I loathe to use the term 'slippery slope' for I cannot see the future. I do know that, those who would restrict freedoms (interpersonal exchange of cultural heritage) for the sake of security (my business needs guaranteed money forever), deserve neither, and shall lose both. If you think the slow erosion of our personal freedoms isn't tied into the furtherance of our society and species, I don't know what to tell you.
      Please do not make the mistake of assuming by my comments that I believe the world should be willy-nilly freedoms with no checks and balances, but they are about to haul 50,000 people into the court system for copyright infringement. Keep in mind these are not people who are profiting or in any way contributing to actual loses for the plaintiffs, in fact its just the opposite, these people are their consumers. The plaintiffs knowingly, are engaging in this behavior in civil court for the burden of proof lays upon the defendants to prove innocence, for going after actual counterfeiters would require criminal proceedings where the opposite is true. On top of that these entities themselves have stated that this action is designed to be a continued revenue stream. You don't see this as a step backwards by our society? The use of you the peoples justice system as a method of business to ensure revenue from disenfranchised consumers? Well IMHO it's an abuse, its been being abused for 2 decades and while we've been debating the legalities of it those who would profit from its abuse have entrenched themselves with legislation.

  50. Move the site! by xenobyte · · Score: 1

    Currently isohunt.com resolves to 208.71.112.30 which is assigned to NET-208-71-112-0-2 as NET-ISOHUNT-1. And NET-208-71-112-0-2 is assigned to neutraldata.com which seems to be located in Toronto, Canada. One would assume that their datacenter(s) would be located around there as well.

    Now, I'm sure it should be fairly trivial to simply move the site to a country where there's no DMCA or equivalent. Then he could do what The Pirate Bay has done countless times: Say FUCK YOU to the MAFIAA morons that do not understand that TORRENT FILES contain no infringing data, and trackers contain only hashes of that. Every relation to data which may or may not be infringing is provided by search engine functionality completely similar to Google, Bing and others - which has not been brought on trial, probably due to these corporations having larger armies of lawyers than the MAFIAA. It's so much easier to attack a (and win against) defenseless individual that barely can afford a single lawyer.

    --
    "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
  51. ....but by zmollusc · · Score: 1

    ...If I cant get the torrent of 'The City Slicker', I will have to buy a bootleg dvd and the bootlegger will give that £3 straight to The Terrorists, or I will have to buy it from a RIAA member for £12 and the RIAA member will spend the £12 on cocaine and whores and lawyers, and the lawyers will spend their cut on whores and cocaine and The Terrorists end up with the £12.
    Torrenting is the only way to get films without funding The Terrorists.

    --
    They whose government reduces their essential liberties for temporary security, receive neither liberty nor security.
  52. lemme guess is it ? by Anonymous Coward · · Score: 0

    dcc on irc and/or irc chatbots... rofl XP

  53. aaaaah maybe its because by unity100 · · Score: 1

    its really bad ?

  54. A little clarity by Handover+Phist · · Score: 1

    From the site:

    I should clarify with misleading reporting out there that there's no order, only a PROPOSED order.

  55. I am hoping... by hesaigo999ca · · Score: 1

    I am hoping this is just another april fool's joke, and that I have nothing to worry about, as I really LOVE isohunt!

  56. DHT by Anonymous Coward · · Score: 0

    the problem with DHT seems to be that one has to
    type the EXACT file name for it to be found via the torrent-client.
    so how abot using DHT for everything, no more tracker.
    like so:
    the only thing we need now is a website where you can register
    the EXACT NAME of the file you are torreting (via DHT).
    once known ... problem solved and the website hosting
    the database for EXACT names is hosting just that;
    no more "legally dodgy" (dot)torrent files : )

  57. where is this all going ... by mininab · · Score: 1

    At some point they're bound to sue facebook for allowing the sharing of streaming links. What happens then ?