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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."

61 of 392 comments (clear)

  1. 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 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.+

    3. 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
    4. 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?

    5. 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.
    6. 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.
    7. 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.
    8. 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.

    9. 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.

    10. 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.

    11. 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
    12. 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.

    13. 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
    14. 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.

    15. 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
    16. 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.
    17. 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.

    18. 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.

    19. 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.
    20. 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.
    21. 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.

    22. 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.

    23. 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.

    24. 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
    25. 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.

    26. 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
    27. 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.

    28. 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
    29. 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.

    30. 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.

    31. 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
  2. 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 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.

    2. 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)

    3. 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.
    4. 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"

  3. 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?

  4. 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 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.

  5. 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.

  6. 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).

  7. 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.

  8. 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!

  9. 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?

  10. 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.

  11. 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.

  12. 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.

  13. 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)

  14. 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
  15. 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.

  16. 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".

  17. 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 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.

  18. 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.
  19. 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.

  20. 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
  21. 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?

    --
    ...
  22. 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