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MPAA Executive Tampers With Evidence In Piracy Case

Posted by Soulskill on from the fitting-the-narrative dept.

An anonymous reader writes "TorrentFreak reports on an internet piracy case from Finland, which saw four men found guilty and fined €45,000. During the trial, the defense attorney took note of inconsistencies in log files used as evidence against the men. An investigator for international recording industry organization IFPI revealed after questioning that the files had been tampered with. He said an MPAA executive was present when the evidence gathering took place, and altered the files to hide the identity of 'one of their spies.' 'No one from the MPAA informed the defense that the edits had been made and the tampering was revealed at the worst possible time – during the trial. This resulted in the prosecutor ordering a police investigation into the changes that had been made. "Police then proceeded by comparing the 'work copy' that the IFPI investigator produced with the material that police and the defending counsels had received. Police found out that the material had differences in over 10 files," Hietanen reveals.'"

32 of 156 comments (clear)

  1. And... by jamstar7 · · Score: 5, Insightful

    ... this surprises anyone how, exactly?

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    1. Re:And... by Anonymous Coward · · Score: 5, Insightful

      Unsurprising things make the news all the time. It doesn't have to "surprise anyone" in order to write an article about it.

    2. Re:And... by amiga3D · · Score: 4, Insightful

      I'm not. Prosecutors generally take a dim view of someone else tampering with evidence. It is one thing for them to twist things and entirely different when someone else does it.

    3. Re:And... by digitig · · Score: 5, Informative

      But apparently the judge didn't, otherwise there would have been a mistrial declared and either perjury or contempt of court charges.

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    4. Re:And... by BeTeK · · Score: 5, Informative

      In Finland we don't have jury trials. There is judge and 2 or more lay judges who decide the matter in hand.

    5. Re:And... by mwvdlee · · Score: 4, Insightful

      Why assuming IFPI is telling the truth now, when they've already been caught lying?

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    6. Re:And... by Opportunist · · Score: 4, Interesting

      Right, I mean, would you be happy if someone started poaching in your turf?

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      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:And... by Opportunist · · Score: 4, Insightful

      That's not the thing that really amazes me. What amazes me is that he gets to explain why he tampered with the evidence. Why is that in any way relevant? Evidence that has been tampered with by either party is worthless. Yes, I will even believe him that he only tried to erase his tracks and how he was entrapping the defendant, but in what way does this make it better?

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      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    8. Re:And... by Opportunist · · Score: 4, Insightful

      Maybe. Prove it!

      It's now on them to prove that this was the only thing altered. You alter your source IP, you can as well alter what he downloaded. Show me evidence that you didn't.

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    9. Re:And... by Opportunist · · Score: 4, Funny

      So, essentially, King Solomon had the cake cut in two and ate both halves?

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    10. Re:And... by TapeCutter · · Score: 4, Interesting

      That's how I see it, the redaction itself is reasonable, what makes it a crime is that they didn't seek permission from the the court. What makes it worse is that it seems professional investigators(who should know better) went along with it, at a minimum I think a hefty fine would be appropriate for their contempt/incompetence.

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    11. Re:And... by Svartalf · · Score: 4, Informative

      Actually, it's not a technicality- not even close.

      It's a criminal offense in most jurisdictions to do this and it pretty much taints ANY evidence submitted by the source(s) which now must be disregarded by the court. It's called altering evidence, which is intrinsically viewed the same as falsifying it for good reason. If the evidence was valid, why did it need to be "altered"? If it's to protect the parties in question, that's a dirty hands situation, which WOULD have altered the outcome (You can't come running to the courts when you just broke the law yourselves... Typically calls for a motion to dismiss when you have this come out...).

      The Judge now can sanction the IFPI/MPAA and their counsel in varying ways including jail time for contempt of court.

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  2. Handcuffs by Anonymous Coward · · Score: 5, Interesting

    Usually I don't support "send a message" type of prosecutions (Aaron Swartz, as just one example) but these guys need to be smacked down, hard. Fines are insufficient; anything short of significant jail time won't do a damn thing to the MAFIAA sociopathic execs who honestly believe they are above the law.

    A message needs to be sent, and this looks to be an open and shut case. I sure hope to see handcuffs.

    1. Re:Handcuffs by melikamp · · Score: 4, Interesting

      Even though I would love to see every racketeer prosecuted to the full extent of the law, a more useful approach would be to end the war on sharing. Only legalizing non-commercial file-sharing will protect the public from these sharks.

    2. Re:Handcuffs by Anonymous Coward · · Score: 5, Insightful

      Usually I don't support "send a message" type of prosecutions (Aaron Swartz, as just one example) but these guys need to be smacked down, hard. Fines are insufficient; anything short of significant jail time won't do a damn thing to the MAFIAA sociopathic execs who honestly believe they are above the law.

      A message needs to be sent, and this looks to be an open and shut case. I sure hope to see handcuffs.

      Hope all you want. Fuck-all will be done. MAFIAA earned their synonymous name, and are just as powerful.

      Watch and see.

    3. Re:Handcuffs by king+neckbeard · · Score: 5, Interesting

      Evidence tampering is a serious crime, with penalties up to 20 years the US. Not sure about Finland's laws, but significant jail time would be an appropriate and proportional response for these actions. "Sending a message" is when the response is disproportionate and inappropriate..

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    4. Re:Handcuffs by Marksolo · · Score: 4, Insightful

      Too bad all legal streaming services are having a hard time paying the protection fees required to operate.

    5. Re:Handcuffs by davydagger · · Score: 5, Insightful

      I say we treat this RIAA/MPAA goons like all the other criminals in this country.

      pre-dawn raid, shoot their pets, haul everyone found near their compounds out for questioning, trash their house, charge them with RICO.

      and most importantly, freeze their bank accounts so they can't pay for lawyers.

      Lets also call all their freinds, family, and furture employers to let them all know what scumbags they are, and lets run a special on them in gangland.

    6. Re:Handcuffs by Drishmung · · Score: 4, Interesting

      Once again, prison is to isolate dangerous people from the rest of society, not for harmless fraudsters.

      harmless fraudsters?

      In Dante's Inferno, Fraud is the 2nd most serious sin:

      • Circle 1: Limbo
      • Circle 2: Lust
      • Circle 3: Gluttony
      • Circle 4: Greed
      • Circle 5: Anger
      • Circle 6: Heresy
      • Circle 7: Violence
      • Circle 8: Fraud
      • Circle 9: Treachery

      It's worthwhile considering why he thought that way. Who does more harm to society: a mugger or a corrupt banker? How many people do you know who have been mugged? How many people do you know who have been hurt by corruption?

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  3. Some how I doubt it will matter by icebike · · Score: 5, Insightful

    I predict that unless it is proven that they fabricated evidence, the person on trial will still get convicted, and the MPAA will get nothing more than a verbal slap on the wrist.

    Deletion of exculpatory evidence is one thing, but deletion to hide a source is simply redaction, which governments do daily. They will laugh it off as a minor oversight.
     

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    1. Re:Some how I doubt it will matter by Aryden · · Score: 5, Informative

      There is a difference between redaction, which hides material to which you will still know exists but not the actual information and removing information entirely and not notifying the defense and the court.

    2. Re:Some how I doubt it will matter by NFN_NLN · · Score: 5, Insightful

      I predict that unless it is proven that they fabricated evidence, the person on trial will still get convicted, and the MPAA will get nothing more than a verbal slap on the wrist.

      Deletion of exculpatory evidence is one thing, but deletion to hide a source is simply redaction, which governments do daily. They will laugh it off as a minor oversight.

      ... and you're suppose to just take their word that those were the only changes? If they had access to make changes then the chain of evidence is tainted... who knows that happened.

    3. Re:Some how I doubt it will matter by icebike · · Score: 5, Informative

      Read the Story. The police had other copies and were able to compare the files verify that the only changes made were to hide the identity of their informant.

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    4. Re:Some how I doubt it will matter by icebike · · Score: 5, Insightful

      Read the story.

      4 Defendants previously found guilty are still guilty.
      2 Defendants previously acquitted are still acquitted.

      Nothing has changed.

      Police had untouched copies and that is how the differences were found. No evidence was manufactured, only some non-related material was deleted to protect their source. This is a procedural error at worst (failure to notify). Lawyers get a tongue lashing and nothing more.

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    5. Re:Some how I doubt it will matter by icebike · · Score: 4, Informative

      How does a lawyer tampering with his copy also cast doubt on the Police copy that was obtained before the lawyer even had a copy?

      Chain of evidence rule.

      Please quote that rule, from Finland law.

      Police had the logs.
      They gave lawyers a copy.
      Lawyers changed their copy for court presentation.
      Police compare logs and find the differences.
      At no time were the police logs out of police custody.

      So just what part of the chain of evidence was broken? The Police copy is still pristine.

      --
      Sig Battery depleted. Reverting to safe mode.
    6. Re:Some how I doubt it will matter by Exitar · · Score: 4, Interesting

      I'm not so sure that "The Police copy is still pristine" since the articla stated that "there was also an MPAA executive in the room while the evidence gathering took place".

    7. Re:Some how I doubt it will matter by KingMotley · · Score: 4, Interesting

      Since when private entities like MPAA have the right to retain spies, especially in foreign countries?

      Since, well, forever. Perhaps you don't know what a spy is, but they are quite legal, even for a private citizen to hire. Perhaps the word spy makes you think of undercover secret service agents doing illegal things, and yes, they probably are a spy, a government spy doing illegal things, but they are far from the only ones. You have corporate spies, financial spies, even a "private investigator" is a spy. You have spies in sports, trying to find secret plays, or weaknesses in a team. You have spies all over, you just associate the word incorrectly to the james bond type spies.

      For your edification:
      spy /sp/
      Noun
      A person who secretly collects and reports information about an enemy or competitor.

  4. I'm surprised by Anonymous Coward · · Score: 5, Interesting

    that it hasn't been swept under the rug

    1. Re:I'm surprised by MightyMartian · · Score: 4, Funny

      Not to worry. A DMCA complaint against all news agencies and websites reporting this is being filed as we speak.

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  5. Vigilante Justice by mlwmohawk · · Score: 4, Insightful

    This is something I am troubled by on a regular basis. It is increasingly clear that our government and legal system are stacked against common citizens.

    At some point, it will occur to those being prosecuted for sharing some songs on the internet and being fined for more than they'll ever make in their lifetime, that the U.S. is a dictionary definition of a fascist state where government is intertwined with corporations and industry. The real problems are the corporate executives that can do this crap with no repercussions. There needs to be repercussions. If the legal system doesn't provide a way to bring the fight to the door of the powerful, then I fear that the our society will break down to the point where citizens must be vigilantes to get any sort of justice over the prosecutors, politicians, and the people who run the corporations.

  6. Too bad it's in Finland by Torodung · · Score: 4, Interesting

    If this were in the U.S., I'd say dust off the RICO act, because someone's transgressed. Anything similar in Finland? It would be fun to see organized copyright lobbyists put on the same page of the law books as Al Capone.

  7. Re:Aaron thought he was above the law, too. by Mr.+Slippery · · Score: 5, Informative

    Aaron Swartz thought he was above the law as well.

    There is a large difference between the malum prohibitum of copyright, and the malum in se of evidence tampering.

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