Archive for the 'Torrent News' Category

BitTorrent is the New Radio, Says Counting Crows Frontman

No comments 14 May 2012 Under: Torrent News

counting crowsLast month Counting Crows released their latest studio album titled Underwater Sunshine (Or What We Did On Our Summer Vacation).

Fans have been waiting since 2008 for the release and it’s selling well, but that won’t prevent the band from giving some tracks away for free.

Counting Crows decided to team up with BitTorrent Inc. and today they release a promotional bundle with the songs Untitled (Love Song), Like Teenage Gravity, Hospital, and Meet on the Ledge.

The download, which also includes high-resolution album artwork and liner notes from lead singer Adam Duritz, is available to BitTorrent’s 150 million users and will be bundled with all new downloads of the uTorrent client.

While this isn’t the first time artists have used BitTorrent’s promotion program to share their works for free, Counting Crows are perhaps the biggest name thus far. To find out why the band decided to embrace BitTorrent, TorrentFreak caught up with Adam Duritz.

“I’ve been a big proponent of giving songs away for a long time,” says Duritz, explaining why the band decided to share their music on BitTorrent.

While the singer doesn’t endorse people simply taking stuff, he realizes that BitTorrent can do a lot of good for musicians.

“I can dwell on the negatives, but I don’t want to miss out on the fact that there’s 150 million people who I can give songs to. You either treat it as just a money drain, like the record companies do. Or you can treat it as it actually is, which is a conduit, meaning it runs both ways.”

“You can either cry about it or make use of it. File-sharing is no different from the rest of the Internet, it is a tool that connects the entire world. It is the cure for Babel,” Duritz adds.

According to the singer the Internet is a “huge benefit” to music. Counting Crows realized this early on and started posting about their music on a message forum in 1995.

In the years that followed the music industry changed dramatically. But while the record labels have been complaining bitterly, according to the band’s frontman musicians are actually better off.

“Record business was never all that great for bands. It was always a 99 percent failure rate of bands. Even if you did do well record labels took 80 percent of your revenue and locked up your rights. And they are completely incompetent,” Duritz told TorrentFreak.

BitTorrent, the Internet and technological advances have democratized music and made it more accessible than ever before. Promotion is not centralized through the labels, but now works through bloggers, social networks and music services.

“On the Internet dependent bands can survive. Perhaps they don’t become megastars, but at least they can survive and thrive. And there’s a lot of great music out there right now.”

People make their own radio stations now according to Duritz, and BitTorrent plays a vital role there.

“If you got 150 million people on BitTorrent, then that’s the new radio station. That’s a better radio station in fact, because people have the choice to play it as much as they want and stop when they get sick of it.”

“I can’t believe everybody’s not doing it,” Duritz says, adding that it’s much better than bribing radio stations or record stores.

“It’s a no brainer to me and now that we’re an independent band we don’t have to listen to a bunch of idiots who tell us what we should or shouldn’t do. We can have smart people or we can trust ourselves.”

The Counting Crows frontman is no stranger to BitTorrent either. He knows sites like crows-town.com that are devoted to sharing his concerts, and he supports them.

“I gave birth to these websites basically because we’ve been encouraging people to tape concerts from the very beginning. We’re a good live band, so they’re going to want to listen to it. It would be great if we could sell concert recordings, but we don’t have to monetize everything,” Duritz told us.

“I have a whole wall of bootlegs in my house, not of us, but of other bands. So it would be a little hypocritical if I started getting angry at everybody else now. I think it’s a great thing and don’t know why bands have ever fought people recording shows because it’s a great advertisement for your product.”

So in part these torrent sites act as a promotional tool. And that’s exactly the reason why Counting Crows is partnering with BitTorrent.

“Giving songs away will draw people to the record, it will also draw people to the tour that’s coming up. Those are pretty big things. The fact that you can give something to that many people is not a small thing,” Duritz says.

“As an artist it’s what you’ve been wanting to do all along, which is to get your music to people.”

That said, Duritz thinks people will continue to buy music. However, they want sincere artists who charge a reasonable price, and not a band that’s backed by a record label people don’t trust.

“I believe in the future of the music business, just not the record labels,” he concludes.

For those who are interested, the Counting Crows bundle can be downloaded here.

Source: BitTorrent is the New Radio, Says Counting Crows Frontman

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Pirate Bay Founder Takes Case To European Court

No comments 14 May 2012 Under: Torrent News

On February 1st, Sweden’s Supreme Court announced its decision not to grant leave to appeal in the long-running criminal case against the founders of The Pirate Bay.

This meant that the previously determined jail sentences and fines handed out to Peter Sunde, Fredrik Neij, Gottfrid Svartholm and Carl Lundström would stand.

With Lundström’s and Svartholm’s fates settled and Sunde’s recent plea for clemency filed, only one person’s direction was left unclear – that of Fredrik Neij.

Through a statement penned by his lawyer Jonas Nilsson, today we learn that Neij intends to take his case to the European Court.

“According to Article 10 of the European Convention on Human Rights, which guarantees citizens of Sweden the freedom to receive and impart information, we believe that Frederick Neij’s right to freedom of expression has been denied him,” says Nilsson.

“According to our complaint to the European Court, The Pirate Bay’s services – to transfer non-proprietary information among users through an automated process on the Internet – is protected under that article of the Convention.”

Nilsson says that The Pirate Bay never transferred or transmitted copyright information – that was the responsibility of the site’s users. The Pirate Bay’s function, he says, was “to allow the free dissemination of information via non-copyrighted torrent files.”

The lawyer also notes that since the torrent file information itself wasn’t illegal, the function should be covered by Article 10. He adds that he will also ask for further scrutiny as to whether it was indeed correct to hold Fredrik Neij responsible for what other people did when they used The Pirate Bay.

“In our opinion, it is like being held guilty in court because someone delivered a letter with illegal content. Another, and perhaps even more relevant analogy, would be if the founders of a buying and selling site were found guilty after someone sold a stolen bicycle after it was advertised on the site,” Nilsson explains.

Nilsson believes that it’s quite rightly not easy to get cases heard before Sweden’s Supreme Court, but by hearing certain pivotal cases valuable guidance can be gained for future rulings. Because a definitive ruling would provide much-need clarity in similar cases involving liability, the Supreme Court should have heard The Pirate Bay case, Nilsson says.

“In light of the Supreme Court decision [not to hear the case], we now see no alternative but to pursue this case through to the European Court. That clear legislation or legal precedent is missing in an area that affects us all – the Internet – represents a problem for the rule of law, today and tomorrow,” Nilsson concludes.

Source: Pirate Bay Founder Takes Case To European Court

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Top 10 Most Pirated Movies on BitTorrent

No comments 14 May 2012 Under: Torrent News

21 jump streetThis week there are four newcomers in our chart.

21 Jump Street is the most downloaded movie this week.

The data for our weekly download chart is collected by TorrentFreak, and is for informational and educational reference only. All the movies in the list are BD/DVDrips unless stated otherwise.

RSS feed for the weekly movie download chart.

Week ending May 13, 2012
Ranking (last week) Movie IMDb Rating / Trailer
torrentfreak.com
65 (2) 21 Jump Street (R5) 7.6 / trailer
85 (…) Get The Gringo 7.8 / trailer
103 (3) The Avengers (CAM) 8.9 / trailer
121 (1) This Means War 6.5 / trailer
138 (4) Sherlock Holmes: A Game of Shadows 7.4 / trailer
158 (…) Vicky Donor (DVDscr) 8.0 / trailer
178 (…) Hate Story (DVDscr) ?.? / trailer
198 (5) Mission: Impossible – Ghost Protocol 4.8 / trailer
216 (9) Chronicle 7.3 / trailer
235 (…) Man On a Ledge 6.6 / trailer

Source: Top 10 Most Pirated Movies on BitTorrent

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Why Are People Resigning Before The Copyright Industries’ Will?

No comments 13 May 2012 Under: Torrent News

In a discussion thread concerning a recent book from myself and Christian Engström, Member of European Parliament, people were concerned. The book is titled “The Case For Copyright Reform”, and is a collection of the most relevant essays over the past year, as well as reproducing contributions from Mike Masnick, Ernesto and Michael Geist. (Did I mention it’s available for free download? Copy and seed.)

The political proposals in the book are also the ones carried by the Green group in the European Parliament, though they originate with the Pirate Party.

Extratorrent did a story on the book, and Reddit got a story linked there with a title saying “Copyright protection is suggested to be cut from 70 to 20 years from publication”. (Which is factually wrong – the proposal is to reduce from life plus 70 to a baseline five years, extendable to 20 through registration, limiting the monopoly to commercial uses only – but still.)

What strikes me as odd, and indefensible, are the reactions of resignation in the Reddit thread.

This is a selection of the highest-voted comments:

- Nice, but it won’t happen. Publishing companies would scream bloody murder.

- This would be fantastic but will never happen because companies have a vested interest in maintaining their ability to collect royalties indefinitely.

- They can suggest anything they like, but I really see no reason why the RIAA or MPAA would listen to anything but making it longer.

I am absolutely flabbergasted that this seems to be the prevailing view. When did people forget that legislators, and not corporations, have the final say over our laws?

The copyright industry is not a stakeholder in the copyright monopoly. They are a beneficiary. Of course they’ll want more benefits.

Who gives a rat’s ass what the copyright industries want?

Their interest is not the public interest. The only reason they have been getting their way in lawmaking is that legislators have believed – up until pretty much now – that this issue is completely peripheral in public opinion, so they haven’t cared about it at all, and they have ignored this field of policymaking to let it be run by easily-lobbied public servants.

To see people confuse corporations for legislators to this degree frustrates me. There is absolutely no reason why we shouldn’t hold legislators accountable for every single button they press – and let them know that it is us, not a special interest, that determine whether they keep or lose their job.

Failing that, one can also replace them entirely, as I set out to do with a movement that has now spread to 50+ countries. That also gets their attention. Guaranteed.

But no matter what, don’t ever accept the resigned position that the copyright industries determine law. They don’t. They’ve gotten away with wishlists because politicians haven’t cared. They do care when tens of thousands of people make noise, and we can do that. We know absolutely well that we’re capable of that and much more.

If the copyright industry collapses – who cares?

The job of every entrepreneur is to make money given the current constraints of society. They don’t get to dismantle civil liberties if they fail to make money – especially if they fail to make money. No entrepreneur has the right to shape society to guarantee themselves a profit.

There will always be culture, and the artists are doing better than ever. It’s more than time to rid our economy and our net of the burden of these parasitic middlemen – and don’t ever dare think you’re powerless to do exactly that.

About The Author

Rick Falkvinge is a regular columnist on TorrentFreak, sharing his thoughts every other week. He is the founder of the Swedish and first Pirate Party, a whisky aficionado, and a low-altitude motorcycle pilot. His blog at falkvinge.net focuses on information policy.

Book Falkvinge as speaker?

Follow @Falkvinge

Source: Why Are People Resigning Before The Copyright Industries’ Will?

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Microsoft Funded Startup Aims to Kill BitTorrent Traffic

No comments 13 May 2012 Under: Torrent News

pirate payHollywood, software giants and the major music labels see BitTorrent as one of the largest threats to their business.

Billions in revenue are lost each year, they claim. But not for long if the Russian based startup “Pirate Pay” has its way. The company has developed a technology which allows them to attack existing BitTorrent swarms, making it impossible for people to share files.

The idea started three years ago when the developers were building a traffic management solution for Internet providers. The technology worked well. It was able to stop BitTorrent traffic if needed, which made the developers realize that they might have built the holy anti-piracy grail.

“After creating the prototype, we realized we could more generally prevent files from being downloaded, which meant that the program had great promise in combating the spread of pirated content,” Pirate Pay CEO Andrei Klimenko says.

With this new business model in mind the company continued to develop their product, and it didn’t take long before an investor was willing to support it. Last year Pirate Pay received a $100,000 investment from the Microsoft Seed Financing Fund.

Microsoft Russia’s president praised the innovative idea, which his company would also be able to use in the future.

With the cash injection the company continued working on their anti-piracy solution and December last year Walt Disney Studios and Sony Pictures were the first to hire Pirate Pay’s services. For a month Pirate Pay’s technology protected the film “Vysotsky. Thanks to God, I’m alive,” with moderate success.

“We used a number of servers to make a connection to each and every P2P client that distributed this film. Then Pirate Pay sent specific traffic to confuse these clients about the real IP-addresses of other clients and to make them disconnect from each other,” Andrei Klimenko says.

The end result was that 44,845 transfers were successfully stopped. How many downloads slipped through, and whether the downloaders didn’t simply try again later is unknown. Pirate Pay don’t disclose their exact rates but say they charge between $12,000 and $50,000 depending on the scope of the project.

While Pirate Pay claim their technology is truly unique, it is not the first company to tackle BitTorrent piracy. The now defunct MediaDefender charged hundreds of thousands of dollars to attack BitTorrent trackers and upload fake torrent files.

MediaDefender was rebranded to Peer Media, and under this brand they continue to offer these and other anti-piracy services.

Whether Pirate Pay is truly different and more effective than any of the other solutions remains to be seen. Even if it’s hugely effective, the scattered nature of BitTorrent makes it practically impossible to stop all infringing downloads of a movie, while the costs may outweigh the “losses” that are prevented.

Companies that really want to make Pirates Pay are probably better off investing in improvements to their legal offers.

Source: Microsoft Funded Startup Aims to Kill BitTorrent Traffic

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eMule: A Decade of File-Sharing Innovations

No comments 12 May 2012 Under: Torrent News

emuleThe first mainstream filesharing applications like Napster (started in the year 1999) operated completely centralized.

Napster relied on a single server to store the files every user shared, provided a central file search, and even initiated file transfers between users. Due to this single point of failure, Napster collapsed once the server was shut down by RIAA.

Fortunately, the next generation of less centralized filesharing networks was already on the horizon. On the one hand there were completely decentralized networks like Gnutella. They used query flooding to find other clients, i.e. they just sent their requests from client to client until either enough results were found or the search timed out.

Yet this advantage of a completely server-independent network topology came with the disadvantage of the network not being scalable. Simply put, you can’t search the whole network efficiently.

On the other hand there was eDonkey2000 with its server-based network (first release on September 6th, 2000). Unlike with Napster, everyone could run a server. While the existence of multiple servers meant that the network couldn’t be shut down by closing a single central point, it also had the disadvantage that users could now only search for and share files with users on the same server.

This system had similarities with BitTorrent, at a time where the tracker was the sole mechanism through which to find other peers. However, with BitTorrent (started in the year 2001) this dependence on the tracker was intended because it meant that the tracker can control who is allowed to join the swarm, how many peers each client gets, etc…

The eDonkey2000 Network had a different design goal – a fully decentralized and yet scalable network. In this spirit eDonkey2000 started a new project called ‘Flock’ in May 2002. After beta testing it was renamed ‘Overnet’ and finally merged with the original eDonkey2000 client in August 2004.

In 2002 a new and rapidly growing client entered the ed2k network, a term which refers only to the server-based part of the eDonkey2000 network. An open source client for the ed2k network – our birthday-client eMule – was founded on May 13th, 2002 – 10 years ago today.

In June 2004, ed2k had about 2 million users while eDonkey2000’s Overnet network only had about 800,000 users. So eMule was the leading client in the ed2k network and together with BitTorrent it dominated the following years of filesharing.

Both networks, BitTorrent and eMule, slowly headed towards a more decentralized structure. In order to make files from all servers available to every user, eMule added keyword search via UDP to query all servers and source exchange between clients via TCP to get all available sources for a specific file. BitTorrent adopted the latter in peer exchange.

Early 2004 eMule implemented Kademlia, a decentralized DHT-like key-value store capable of finding sources as well as performing keyword search, thus making ed2k servers completely obsolete. Once again, BitTorrent headed in the same direction, implementing DHT in 2005.

DHT marks a revolutionary step in filesharing. Not just because you can download a file with only its hash (and a few nodes to bootstrap the network), but now a decentralized scalable network becomes available. While decentralized networks like Gnutella were capable of finding information using query flooding in O(n), DHT finds information in O(log2(n)). So if the size of the network doubles, only 1 additional request is needed on average – regardless of the actual size of the network.

The following example illustrates this advantage: Say you have a network with 2 million users and you want to find information about a specific file which unfortunately doesn’t exist in the network (i.e. no user shares this file). Using query flooding every client in the network has to be asked before we can be sure that the file isn’t available. Usually the search just runs into a time-out before, assuming (but not knowing) that the file isn’t available.

Thanks to DHT you only have to ask about 21 nodes (log2(2 mio)) before being sure that the file isn’t available in the entire network. Even better, this was the mathematically worst case scenario. Usually the actual number of required requests is much lower because on your search path you’ll likely reach the node closest to your requested file after only 3-4 requests (empirical evidence on eMule’s current Kademlia).

The next feature we think torrents should adopt is a real DHT-based keyword search. Tribler already made a step in that direction. However, their torrents are being broadcasted to other known clients which results in a search with bad scalability.

We already know that after switching to magnet links only, The Pirate Bay has a total size of about 90 MB. Now think of those 90 MB being stored decentralized. A network with millions of nodes in which each node stores a few hundred Kilobytes means you have thousands of replicas of each torrent entry.

This ensures each entry can be found, even if many nodes leave the network simultaneously. Unfortunately, all previous decentralized search implementations had huge amounts of spam in their search results. This is where we can learn from the torrent community. Sites like The Pirate Bay provide trusted search results.

In a completely decentralized search without any spam they would simply continue to provide this functionality using public-key cryptography to sign torrents. A user relying on his favorite torrent site’s search results would simply add its public key to his torrent client, thus allowing the client to check the signature of each torrent search result and filtering all fakes.

In this completely decentralized future a torrent site such as The Pirate Bay would simply be a laptop with average computing power connecting itself to the internet once every few hours to sign new torrents with its private key. Think about how hard it is just to trace such a “torrent site”. Shutting it down is practically impossible.

We are currently working on a client which will offer the above mentioned torrent search. It is currently in a closed alpha testing phase and will soon enter public beta tests.

About the authors:

David Xanatos is one of the founding members of the Austrian Pirate Party; he lives in Vienna and works as a Physicist at the university by day, and develops file sharing applications by night. He is mostly known for his NeoMule Mod.

Ekliptor is a computer scientist from Munich. He has developed many eMule Mods in the past and is currently researching weaknesses in eMule’s Kademlia and countermeasures at university. Their current project is called “NeoLoader” and able to download files from BitTorrent, eMule and one-click hosters.

Source: eMule: A Decade of File-Sharing Innovations

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Pirate Bay ‘Censorship’ Judge is Corrupt, Claims Pirate Party Founder

No comments 12 May 2012 Under: Torrent News

The Court of The Hague in the Netherlands has been particularly busy this work with Pirate Bay-related cases.

Following an earlier court ruling ordering two of the country’s largest ISPs to block subscriber access to The Pirate Bay, the Court ordered a further five ISPs to block TPB IP addresses and 20 domain names Thursday. The Court then went on to make a decision that was perhaps even more controversial than the first.

The Dutch Pirate Party had been running a proxy service to facilitate access to the now-blocked Pirate Bay, but following pressure from anti-piracy group BREIN their activities were outlawed this week by the Court. The Pirate Party was ordered to shutdown its reverse proxy indefinitely and block Pirate Bay domains and IP-addresses from its generic proxy.

However, in a decision that raised eyebrows, Judge Chris Hensen also banned the Party from using their own website to list the locations of other websites that allow the public to circumvent the blockade.

This decision by Henson – which some observers believe amounts to a curtailment of freedom of speech – is not the first the Judge has made of this nature. In 2010, movie studio Eyeworks won its lawsuit against Dutch Usenet community FTD. In that verdict, Judge Hensen ruled that by allowing users to talk about a copyrighted movie’s location on Usenet, FTD was effectively publishing the movie as if they had actually hosted it on their own servers.

After the ruling it transpired that Judge Henson and Dirk Visser, the lawyer for the movie studio, had a closer relationship than had been expected. Visser, who also represented BREIN in their victory over Mininova, had been running courses for copyright specialists where Judge Hensen was once of the teachers.

Of course, now Judge Hensen has delivered a similar ruling, his connections with Visser are being re-examined, not least by Pirate Party founder Rick Falkvinge who is absolutely scathing.

“This is truly mind-boggling: not only was the plaintiff and judge personally and closely acquainted, the plaintiff in a controversial copyright monopoly case was running a commercial anti-piracy outfit together with the judge in the case,” Falkvinge writes.

“Money was involved. Commercial interest was involved. The judge was, as it appears from this brochure for the quite expensive course, getting money. From the plaintiff. Shortly after the case. In a directly related matter. That makes the judge not only corrupt, but textbook corrupt,” Falkvinge adds.

Claims of bias have hounded many big copyright-related cases in recent years, but for whatever reason have never gained any traction. In 2009 following the conviction of the founders of The Pirate Bay, it was revealed that two of the four judges set to hear their appeal were members of pro-copyright groups. The Supreme Court eventually decided that this would not affect their judgment.

The year before it was revealed that police officer Jim Keyzer, the leader and key witness in the initial Pirate Bay investigation, had been recently employed by Warner Bros, one of the plaintiffs in the case. The controversy deepened when it was discovered that his employment with the studio was only temporary – he later returned to the police to head up an IT Crime unit.

This so-called revolving door phenomenon has raised its head time and again in past couple of years. In March 2011, U.S. District Court Judge Beryl Howell – a former RIAA lobbyist and anti-piracy company boss – delivered a helpful ruling for potential copyright trolls.

Then later that month it was revealed that a former music industry lobbyist had been appointed head of a unit dealing with copyright and enforcement issues at the European Commission.

During early May commenting on the case against Megaupload, law Professor Eric Goldman bemoaned “the revolving door between government and the content industry.”

Source: Pirate Bay ‘Censorship’ Judge is Corrupt, Claims Pirate Party Founder

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MPAA: We’re No Pirates! You Are Thieves! Or?

No comments 11 May 2012 Under: Torrent News

hollywoodTwo weeks ago we published an opinion piece where we pointed out some unfortunately-phrased comments from MPAA boss Chris Dodd.

The former congressman pointed out that the film industry was able to thrive because of intellectual property protections.

“The ability to give birth to an idea and convert it into economic success, whether it is the content of a film or the technology of the internet, depends on copyright and patent protection,” he said, referring to the history of US film.

We thought that was ironic. Why? Because Hollywood was founded by a group of independent filmmakers who “fled” from Edison’s patents, among other things. The full story (see Copyhype) is richer, but it’s a well-known fact that those who now rule Hollywood refused to obey the patents.

To emphasize the irony we described Hollywood’s founders as “thieves” and “pirates,” using quotation marks. Aside from these terms, the events described in our article are mostly undisputed. In no way did we say that this history justifies modern-day piracy, we simply pointed out that Dodd’s comments were unfortunate.

The MPAA, however, doesn’t like to be called pirates. In a recent blog post they refer to the Copyhype post, claiming that what we and others such as Lawrence Lessig wrote is all lies. We are thieves.

“If you ask the operators of The Pirate Bay and their apologists, they’ll say Hollywood was built by a band of pirates, fleeing stringent East Coast patent protections to a free and open land to create at will. This theory conveniently parallels their own existence, as they seek to justify profiting from digital theft.”

And these thieves are wrong, the MPAA claims.

Hollywood’s founders were no pirates, but freedom fighters who rebelled against a “copyright” monopoly.

The patents at issue were held by the Motion Picture Patents Company, which, through restrictive tie-in agreements and licensing practices, severely impeded independent filmmakers from entering the market.”

Hmmm, that sounds familiar.

These independent filmmakers lost the first patent lawsuit, but eventually the court sided with them.

“The status quo was challenged, and shortly afterwards, the Supreme Court determined that MPPC’s licensing practices give it ‘a potential power for evil over’ movie producers which ‘would be gravely injurious to th[e] public interest.’ This 1917 ruling severely undermined MPPC’s unfair business practices.”

Fair enough, but the MPAA’s version of the truth doesn’t change anything about the fact that the founders of Hollywood were challenging existing patents. That they won in the end doesn’t mean that patents weren’t violated in the years before.

So Dodd’s comment that “the ability to give birth to an idea and convert it into economic success, whether it is the content of a film or the technology of the internet, depends on copyright and patent protection,” is still rather unfortunate.

Especially because Dodd specifically referenced a time where patents were infringed en masse.

Also, the MPAA’s response in their recent blog post is in itself unfortunate. The lobby group says that Hollywood’s freedom fighters beat Edison because the court agreed that the MPPC had “a potential power for evil over” movie producers which “would be gravely injurious to th[e] public interest.”

Interesting, because today the MPAA is also quite powerful. They are the moral judge who decides what films the public is allowed to see. Not just for the major studios they represent, but also films of independent studios who are NOT an MPAA member company.

Through its ratings system they can make or break films, a “potential power for evil” for sure. Just ask South Park creator Matt Stone or watch “This Film is Not Yet Rated” to get an idea of what’s going on behind the scenes.

Fin.

Source: MPAA: We’re No Pirates! You Are Thieves! Or?

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Verizon Refuses to Identify Alleged BitTorrent Pirates

No comments 11 May 2012 Under: Torrent News

verizonLast fall, John Wiley and Sons became the first book publisher to go after BitTorrent users in the US.

By filing a mass-BitTorrent lawsuit the company became one of the many copyright holders who together have sued a quarter million people in the country since early 2010. In recent months, Wiley has continued to file yet more suits against alleged BitTorrent pirates.

Up until recently Wiley has enjoyed an easy ride in court. In several cases the New York federal court was quick to allow the book publisher to subpoena Internet providers for the personal details of account holders. With these details, Wiley can then approach the defendants and negotiate an out-of-court settlement.

But not if it’s up to Verizon.

While most Internet providers generally don’t object to a court-ordered subpoena, Verizon has refused to hand over the personal details of accused subscribers. One of the reasons given by Verizon is that Wiley is demanding the information for improper purposes, namely “to harass, cause unnecessary delay, or needlessly increase the cost of litigation.”

In addition, the Internet provider doubts whether the subpoena will lead to the discovery of “relevant information.” In other words, Verizon seems to doubt that the person who pays for the account is also the infringer.

This issue was also raised by New York Judge Gary Brown in another case last week, in which he concluded that an IP-address is not a person. In his order Brown argued that in mass-BitTorrent lawsuits it is simply unknown whether the person linked to the IP-address has anything to do with the alleged copyright infringements.

Besides the two points above Verizon makes five more objections, including concerns over privacy. The company asserts that Wiley is seeking “information that is protected from disclosure by third parties’ rights of privacy and protections guaranteed by the First Amendment.”

For its part, Wiley is not convinced by Verizon’s protest and has asked the court to compel Verizon to respond to the subpoenas. To discuss the issue, Judge Katherine Forrest has scheduled a telephone conference for early next week.

Verizon’s objection is noteworthy because the action is not borne merely out of self-interest. Previously Time Warner also objected to mass-BitTorrent subpoenas where they had to produce the details of thousands of subscribers, arguing that this process was too time consuming.

However, in this case the burden on the ISP is relatively low, as Wiley says it only asked for the details of 10 account holders for which Verizon would receive compensation of $45 each.

Should Judge Katherine Forrest agree with Verizon’s objections it would be a serious blow to Wiley’s ongoing litigation campaign against BitTorrent users in the Southern District of New York.

Source: Verizon Refuses to Identify Alleged BitTorrent Pirates

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Pirate Bay Founder Peter Sunde Requests Pardon

No comments 11 May 2012 Under: Torrent News

After a drawn-out process beginning with the police raids on The Pirate Bay in 2006, a trial and guilty verdicts in 2009, and subsequent appeals since, the time has now arrived for the founders of the site to serve their sentences.

For one, businessman Carl Lundström, the road ahead is certain. His sentence will be served electronically tagged in a Stockholm apartment. For three others – Peter Sunde, Gottfrid Svartholm and Fredrik Neik – questions remain.

Peter Sunde was scheduled to begin his 8 month jail sentence in the Västervik Norra facility Wednesday, but at least for now that won’t be going ahead. Sunde has filed a plea with the Swedish government requesting clemency, citing health concerns and fears for his fledgling micro-payment business, Flattr.

“The idea for the company came from Peter himself, and he has a tremendous commitment to it,” Sunde’s representative writes in the request filed with the Department of Justice.

It is the recognizable name and reputation of the 33-year-old, the plea continues, that has enabled Flattr to gain traction in the market, a personal presence the company will need to maintain in order to continue moving forward.

“Peter’s name and reputation in the industry will open many doors. The company has received a substantial amount of risk capital which has mostly been used to develop the product. After about two years development, the product is now basically ready to begin shipping to partners and large sites. A prerequisite for further development is that Peter is left on the company,” the plea concludes.

Sunde adds that if the authorities can’t see their way to a full pardon, a delay before he has to serve his sentence would be the next best thing. The specific nature of his health concerns have not been detailed publicly.

Site co-founder Gottfrid Svartholm was previously ordered to spend 1 year in Mariefred prison roughly 65 km from Stockholm. His sentence was due to begin January 2nd 2012 but he became untraceable. A new deadline of April 18th was set for Svartholm to hand himself in but that date came and went with no further news.

In addition to prison sentences there is also the outstanding issues of damages. Recently it was revealed that the compensation amount the Pirate Bay founders are required to hand over to the movie and recording company plaintiffs has been growing steadily. Due to interest being added since May 2006, as of February 2012 the amount owed had jumped from roughly $6.9 million dollars to nearly $11 million.

Source: Pirate Bay Founder Peter Sunde Requests Pardon

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