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Swedish Man Fined For Posting Links To Online Video Feeds

hcs_$reboot writes with a snippet from TechDirt (citing TorrentFreak): "Over in Sweden, it appears that a guy has been fined for linking to an online broadcast of a hockey game. We've heard stories of people getting in trouble merely for linking to unauthorized content, but this story is even more ridiculous. The guy wasn't linking to unauthorized content. He was linking to an online video feed from the official broadcaster, Canal Plus. The issue was that Canal Plus was apparently technically incompetent in how they set up the feeds, and never intended to make the feeds public."

37 of 252 comments (clear)

  1. What constitutes unauthorized access? by BadAnalogyGuy · · Score: 5, Funny

    If something is on the internet, then doesn't that implicitly authorize access?

    1. Re:What constitutes unauthorized access? by SimonTheSoundMan · · Score: 5, Interesting

      Some even ask you to pay to view their public content, or else they will sue. http://news.slashdot.org/news/10/10/27/2134236.shtml

    2. Re:What constitutes unauthorized access? by Aeternitas827 · · Score: 5, Insightful

      If it's unprotected, as seems to be the case here, then that would be the reasonable assumption.

      The provider didn't seem to take steps to ensure that their streams couldn't be gotten at by unpaid subscribers--I'd guess that a party so inclined could probably brute-forced URL attempts if they even had a blink at the structure, and gotten in--and got bitten a little bit. Honestly, more their fault, than his.

      This begs a second question...was the party who brought suit merely someone who had license to broadcast, or the rights holder for the broadcast? If the former, then I would think this just a farce, because the rights-holder could come around on the license-holder for being incompetent...if the latter, then this is a problem of their own creation; if he found a URL, without ever having been made aware of the Terms of Service or whatnot, it's innocent infringment...in my opinion.

      --
      I don't post AC. I like my -1, Flamebaits. Trump/Sheen 2012 on the Batshit Insane ticket!
    3. Re:What constitutes unauthorized access? by Xugumad · · Score: 5, Interesting

      No.

      If they linked it from their front page, and said "View the game here", that's implicitly authorising access. If it was hidden behind a badly done pay wall, I think it fairly clearly implies you should be paying first, even if the technical side is a debacle.

      Leaving something unprotected is no more implying access than leaving your front door open. It's bloody stupid, but that's another matter entirely...

    4. Re:What constitutes unauthorized access? by cheekyjohnson · · Score: 5, Funny

      Sounds reasonable to me. You're using up their bandwidth, and if you don't give them your money, they are losing out on profit that they could, potentially, have had! Do you enjoy hurting people who would have been better off had you given them all of your money (and since you didn't, you stole their potential profit)?

      --
      Filthy, filthy copyrapists!
    5. Re:What constitutes unauthorized access? by silanea · · Score: 5, Insightful

      [...] For example, if you can only get to something by IP Address, it can be implied that it is not "intended" to be public as it was not added to a public facing DNS Server. [...]

      Sorry, I have to disagree. If something does not tell me "Not for you!" or require authentication, it is open to the public. Whether that is by intent or accident is the provider's problem. Your example is even more problematic: Every machine (directly) on the internet has a publicly reachable IP address simply by virtue of being on the fucking Internet. Whether it also is reachable via a DNS entry - or even only offers certain content under specific domains - is entirely arbitrary (as far as the visitor is concerned). In essence you suggest that people ought to only use the internet through an "authorised" channel, the DNS. Sorry, that is neither realistic nor particularly desirable.

      --
      Rudolf Hess edited Mein Kampf. He was the very first grammar nazi.
    6. Re:What constitutes unauthorized access? by ultranova · · Score: 4, Funny

      Do you enjoy hurting people who would have been better off had you given them all of your money (and since you didn't, you stole their potential profit)?

      Yes.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    7. Re:What constitutes unauthorized access? by dnaumov · · Score: 5, Insightful

      If it's unprotected, as seems to be the case here, then that would be the reasonable assumption.

      To play devil's advocate: the fact that I didn't lock my front door is not a reasonable assumption that I am inviting you to enter my apartment.

    8. Re:What constitutes unauthorized access? by JustOK · · Score: 5, Insightful

      no, but it's a reason why your insurance claim won't be paid.

      --
      rewriting history since 2109
    9. Re:What constitutes unauthorized access? by kainosnous · · Score: 5, Insightful

      I miss the day when computers were for people who could think. I fondly remember that very brief period where businesses hadn't learned how to exploit the web. For the most part, it was a novelty to them and the left it to the nerds. Sure, at that point the web was a lot of top 10 lists and novelty polls, and most pages had a guest book to sign and a view counter, but that's how we liked it. I'm sure it's all through rose colored glasses, but at least I don't believe we had lawsuits like this.

      --
      There are 10 commandments: 01)Thou shalt love the Lord Thy God 10)Thou shalt love thy neighbour as thyself.Matt22:34-40
    10. Re:What constitutes unauthorized access? by Klinky · · Score: 5, Insightful

      Client/Server works this way. Client requests data, server can grant or not grant access to said data. It's like having a stranger coming up to you and nicely asking(without malice or threats) if you'd like to give them something(money, cellphone, newspaper, the time, etc..) you can say "yes or no". The server granted these people access without them breaking the law. The server could almost be viewed as an extension of the company or under license from the company to make these decisions to stream or not stream. If they had a password on the stream and people cracked it or multiple people were sharing an account authorized for only one stream, then yes that would be against the rules. If it is a public stream going out to anyone who asks, it's pretty much fair game.

    11. Re:What constitutes unauthorized access? by WrongSizeGlass · · Score: 3, Informative

      Ok, exactly what kind of a fucking question is that, really?

      Rhetorical. It's a super-sarcastic, tognue-in-cheek rhetorical question with a dash of hyperbole to fill out the redonkulous nature of the entire subject matter.

    12. Re:What constitutes unauthorized access? by WrongSizeGlass · · Score: 3, Insightful

      If it's unprotected, as seems to be the case here, then that would be the reasonable assumption.

      To play devil's advocate: the fact that I didn't lock my front door is not a reasonable assumption that I am inviting you to enter my apartment.

      If you left your curtains open and someone saw a video playing on your TV, should he be fined for letting his friends know they could see it through your window?

    13. Re:What constitutes unauthorized access? by dogmatixpsych · · Score: 4, Insightful

      And that's why the example dnaumov posted about leaving your house door unlocked is wrong. This is like you said. It's like this example: the door was unlocked but this man asked if he could enter and someone with power of attorney for the owner said "Yes." Then he asked, "Hey, can I let other people in too?" The response again was, "Yes." You hit the nail on the head, the client does ask for permission. If the owner wants things private, they need to make sure the response to entering is "No". That's their problem to solve.

    14. Re:What constitutes unauthorized access? by phyrexianshaw.ca · · Score: 4, Insightful

      there is no "locked door" version of this. that doesn't apply as:
      1) the door isint there in the first place, you are allowing people to come to your site freely, if anything it would be allowing people onto your walkway so they could come ring your doorbell, but can freely look around your yard as they approach. 2) even if the person were to stand in your front yard and videotape an earthworm coming out of the ground: you can only ask him to leave. they committed NO crime.

    15. Re:What constitutes unauthorized access? by ubrgeek · · Score: 4, Funny

      You're right. Geocities certainly represented the height of Internet civilization ;)

      --
      Bark less. Wag more.
    16. Re:What constitutes unauthorized access? by Anonymous Coward · · Score: 3, Insightful

      It's like this. A web server is like an (android) shopkeeper at your door. People can ask it for all kinds of things, and the keepr will give it to them or not. It can answer things like:

      "404, sorry, I don't have that sir"

      "403, sorry, that's not for sale"

      "30X, try the store down the road!"

      or even

      "200 OK, here you go sir!"

      If I ask the shopkeeper to give me something, and the shopkeeper says "200 OK, here you go" and actually gives me that thing, how the heck am I supposed to know any better?

    17. Re:What constitutes unauthorized access? by Culture20 · · Score: 3, Interesting

      It's better than that. It's like asking for some photocopies, and the dude with power of attorney says "sure, just let me copy them real quick, here you go! Now, remember, it's all copyrighted unless I say otherwise, but tell your friends to ask me if they want a copy!"

  2. Similar thing in Germany by Anonymous Coward · · Score: 5, Informative

    A map provider sold subscriptions. However their system was a joke. After logging in you would get a URL to the map you wanted. You could pass this URL to non-subscribers and it would work. The map company then sued some real estate company that gave those links to its clients for copyright infringement ... and won.

    Security-by-law-suit is the new security-by-obscurity.

  3. Damn it Sweden! by GF678 · · Score: 5, Insightful

    There used to be a time when you'd be able to read a story like this, shake your head, smirk and say/think to yourself: "Only in America".

    Now, unfortunately, it's no-longer the case you can make that generalization. The whole world's gone crazy...

    1. Re:Damn it Sweden! by Anonymous Coward · · Score: 4, Interesting

      I guess the whole Pirate Bay issue introduced them to the wonderful world of corporate bribery.

      We got a suitable saying around here, along the lines of: once your reputation is ruined, you might as well lose all restraint.

    2. Re:Damn it Sweden! by mikael_j · · Score: 5, Insightful

      As a swede I'm pretty certain I'm not alone in noticing how our politicians and our legal system did a full 180 turn on the TPB issue, at first they actually concluded that it wouldn't be possible to do anything about TPB, then there were a few meetings between members of our government and representatives of the US government as well as the regular lobbyists and all of a sudden TPB was raided...

      Not to mention how they've been stretching and bending the law to even make it possible to prosecute the TPB founders, clearly something or someone convinced them that whether or not there was a law broken there had to be convictions.

      --
      Greylisting is to SMTP as NAT is to IPv4
    3. Re:Damn it Sweden! by HungryHobo · · Score: 5, Informative

      the United States was the first country to concertedly undertake compulsory sterilization programs for the purpose of eugenics.
      In general, most sterilizations were performed under eugenic statutes, in state-run psychiatric hospitals and homes for the mentally disabled.
      over 65,000 individuals were sterilized in 33 states under state compulsory sterilization programs in the United States
      though a significant number of sterilizations continued in a few states until the early 1960s
      The Oregon Board of Eugenics, later renamed the Board of Social Protection, existed until 1983, with the last forcible sterilization occurring in 1981.

      And on a related note the US as late as 1972 poor black men were used in a completely crazy experiment to see how bad their symptoms would get if they weren't told they had syphilis and weren't treated.

      http://en.wikipedia.org/wiki/Tuskegee_syphilis_experiment

      As late as the 1950's the UK still chemically castrated gay people.
      http://en.wikipedia.org/wiki/Alan_Turing

    4. Re:Damn it Sweden! by Anonymous Coward · · Score: 3, Insightful

      It seems to me that treating people who are quite obviously operating within the law as criminal and issuing legal threats at them without any grounds or jurisdiction is pretty damn disrespectful.

      TPB was WELL within their rights to give back what they were getting in the form of disrespect from those that were THREATENING them without any grounds to do so..

    5. Re:Damn it Sweden! by pla · · Score: 3, Interesting

      You do realize Sweden used to do forced sterilization of retards and undesireables here up to the late 1950s? It was only formally abolished in 1975[...] All to create a pure society, free from weakness.

      Of course, the funny thing about that?

      It largely worked - They have one of the happiest, healthiest, most attractive nations on the frickin' planet (the present fallout of US bullying notwithstanding).

      When trying to make eugenics look like a monstrosity, you'd do better not to point out its successes.

  4. Arrggh! by Mathinker · · Score: 4, Informative

    It's things like this which will make it so much more likely that I would bother to post such a link in the future --- after firing up Tor, of course!

    Without the constant whining of Big Content getting on my nerves (and ruining the legal system), I probably wouldn't bother.

  5. Re:Swedish judge by BadAnalogyGuy · · Score: 4, Funny

    I think you're thinking of the judge who was rejected for the U.S. Supreme Court, Robert Bork Bork Bork.

  6. Re:What is the link? by 1u3hr · · Score: 4, Informative
    If we have the original link, perhaps we can cause a bit of Streisand effect.

    RTFA, FFS.

    It was a sports broadcast, three years ago.

  7. Re:If it is on the internet it is public by AxeTheMax · · Score: 3, Interesting

    If it was hidden behind a badly done pay wall, I think it fairly clearly implies you should be paying first, even if the technical side is a debacle.... leaving something unprotected is no more implying access than leaving your front door open. It's bloody stupid, but that's another matter entirely...

    Anything on the internet that is reachable without security is public by definition. Doesn't matter if it was also 'behind' a paywall; it it could be reached by a straightforward url without going through the paywall, then it was public. And it is a false analogy to compare it to the front door of a private house; it was a business website that invited access, even if it only wanted paying access. Using the locked door analogy, it is as if a pay to view facility (a cinema or museum say) had a pay counter on one street door, but left another open.

  8. The orginal reply to the complaint by paiute · · Score: 3, Funny

    But honestly Canal Plus, the web is considered “public domain” and you should be happy we just didn’t “lift” your whole hockey game and put some other team's name on it!

    --
    If Slashdot were chemistry it would look like this:Cadaverine
  9. Re:Never visit Sweden by Khenke · · Score: 3, Interesting

    It's not the laws that are flawed, it's our judges in the courts.
    A good lawyer can tweak any country's law to prove anything, it's the judges role to keep em in control.

    The Swedish judges have over the last year broken the constitution over and over and over, and no one care.
    It has gone so far that yes I do think they are bribed. Either with money or power (fast track to higher positions).

    But the worst thing is that no one (almost no one) cares. If I tell people that the judges break the constitution they don't react at all. Nothing. Blank.
    If that is from lack of interest or knowledge I don't know, but I guess both.

    We in Sweden are so used to get fucked by the authorities now days that it looks like we have just given up.
    I used to say that not for anything in the world I would live in the USA because money can buy anything, and now Sweden has become a puppet to the states. It's time to migrate to Norway (our brother country that are not as corrupt, yet).

  10. BUT, if you leave your garden hose by SmallFurryCreature · · Score: 4, Insightful

    BUT if you leave your garden hose running and pooring out into the street, you can't expect the police to arrest the walker by who lets his dog drink from it.

    This guy did NOT break in or walk in to your house.

    If you have the windows open, then you can't expect people walking by not to look in.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  11. Re:I hope there's a sign on your front door by WrongSizeGlass · · Score: 4, Funny

    Yeah, and if you don't have a sign on your front door which says, "You can't come in unless I invite you" then any Tom, Dick and Harry is free to come in and take what they like.

    Are you nuts?

    Unless Tom, Dick or Harry are vampires. Then they'd have to wait to be explicitly invited in ;-)

  12. Way to make the opposite point than you intended by Zero__Kelvin · · Score: 4, Informative

    "you mean, same as publishers make you pay for books with public-domain texts ? Now, why would anyone on earth to that... oh, wait, you mean there's cost associated with publishing stuff ? you don't say !"

    Absolutely. One of those costs is rent for a bookstore, and the cost of security measures. If they didn't want people accessing it for free, then they should not have made it publicly available. They could have used SSL, and enforced proper authorization and authentication, but they didn't do that. If I leave my stuff out on the street unprotected, how is someone supposed to know that I will consider it stealing if someone picks it up and takes it home? Do you really think that the police will actually take me seriously when I try to file a theft claim?

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  13. BadAnalogyGuy? Is that you? by Zero__Kelvin · · Score: 3, Interesting

    "To play devil's advocate: the fact that I didn't lock my front door is not a reasonable assumption that I am inviting you to enter my apartment."

    If your "house" is a website on the net, and the stuff they "took" is still there when they are done, than it absolutely should be expected. For some reason when I "break in" and "take stuff" from millions of other websites, they don't even notice or care (save that they encourage it in most cases.)

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  14. Re:I hope there's a sign on your front door by hairyfeet · · Score: 3, Insightful

    Bad analogy is bad because the server invited them in. A better analogy would be you standing on a corner with a table covered in cookies. No sign with a price, just a table of cookies. Someone walking by asks "Can I have a cookie?" and you say "Sure, here you go" and he walks down the street and tells his friends "Hey, that dude gave me a cookie!" and they ask for a cookie and get the same treatment as the first guy from you.

    Now is there ANY court that is gonna allow you to bust the first guy when you did NOT 1.-tell him he couldn't have a cookie. 2.-Tell him not to tell anyone you gave him a cookie. 3.-treat those coming afterward as any different and gave them cookies too? Of course not. There is a reason why we have passwords and server/client security models people, because it is not the job of the guy walking down the street to figure out you want money for the cookie it is up to you to set the price and restrict the giving away of cookies. So I'd say the ONLY person that should have gotten in trouble is the dumbass who "designed" their site and he should have gotten a good firing. What's next, we gonna allow websites to sue anyone who accesses them unless they hunt down a TOS and see if they qualify to access it?

    --
    ACs don't waste your time replying, your posts are never seen by me.
  15. sweden by theolein · · Score: 3, Insightful

    Ah, Sweden, that bastion of freedom that has the US's dick so far up its collective ass that they trump up a charge on Julian Assange to make him become a fugitive while discrediting him (regardless of Assange's reportedly crappy personality), where the media is now tripping over its collective feet to be even more draconian than the US with regard to IP laws. It's a shame, used to be a nice country before it became a little banana republic police state that will do anything the US tells it to.