|The world of file sharing as of late, has been under siege, from biased courts being paid off and bribed by anti-piracy outfits to make unjust rulings. The latest target in this war against our free internet, is Mininova http://www.mininova.org/. Various outfits of the global media machine, and entertainment industry, have won a decision, which is slated to force Mininova to remove all torrents that may contain copyrighted materials.
In fact, Mininova, one of the largest indexers of torrents on the web, has been engaged in a confrontation with BREIN, The Bescherming Rechten Entertainment Industrie Nederland which translates in English to Protection Rights Entertainment: Industry [of the] Netherlands. BREIN is a trade association representing both the Dutch recording industry and movie studios. It is the equivalent to the MPAA or RIAA in the US. BREIN is most famous for shutting down Dutch eDonkey 2000 link giant ShareConnector.com in December 2004. Due to controversy over the legality of links to illegal content, and a lack of quality in the evidence provided by BREIN, the case has not been put to trial yet. After being offline for two years, ShareConnector reopened in December 2006 but after barely one year; on November 12, 2007, Shareconnector went offline again.
Earlier this spring, BREIN took Mininova to court, in a lawsuit, which they claim was not intended to "shut down" the popular Bit Torrent indexer. BREIN in fact won the decision in trial against Mininova, which forced Mininova to induce heavy "content-filters" to remove copyrighted works on their website. The "content-filters" which is based on infringing keywords and possibly digital fingerprints, was to guarantee that the rights holders have sufficient means to protect their content.
The courts further agreed that BREIN's suggestion that Mininova was not doing enough to ensure that such copyrighted works were not being placed on their site, and the ruling was that these copyright "content-filters" be placed onto Mininova. Until recently, all was running well for the site, except that users fearing their privacy were fleeing. Little did they know that an even more so unjust decision, was going to be coming their way, even though they complied with all original judgements in the case against them.
A new ruling has been placed onto Mininova, stating that they "must remove all torrent files that link to infringing content within three months, or pay a penalty of 1000 Euro per infringing torrent with a maximum of 5 million euros ($7 million)." Mininova's defense team, had been quoted as saying that "it is impossible to moderate all torrents that are uploaded to the site..." and the court did not agree with such testimony, further ridiculing the site stating that "Mininova is encouraging its users to download copyrighted material, helped by the several moderators that the site has in place".
How exactly, can a website, that does not host the actual files on its site, be held liable for something that does not exist on it's servers or network? Someone needs to fire these attorneys, and these judges, whom know nothing of the internet, file-sharing, or the Bit Torrent Protocol. In fact, if I take a photograph of your wallet, and then, post your address on the internet, and you go steal the wallet, can I be held liable for your theft? Absolutely not. This is a ridiculous statement and most "intelligent" people would agree.
This is what a torrent index site does, it does NOT host the "copyrighted material" at all, it in fact, only represents a "gateway" or a "search engine", to help you find what you are looking for. The biggest torrent indexer in the world, would in fact be, Google. Google has yet to face any criminal pursuit for it's actions, which are far larger and more sophisticated than any method that any and all torrent index sites use to "point you in the right direction". Could this possibly be, that because Google is an American based corporation, which PAYS TAXES to it's government, that it is not hassled? Ironic that if you "pay the costs" to do something, then its "perfectly okay" for you to continue doing it.
Maybe someone should force the criminal justice and civil law system, to re-educate it's community, meaning that all judges, attorneys, prosecution, and the financial motivation behind them, have to sit down and take a long and "well needed" course in how technological advancements and file sharing works. This seems highly unlikely, as money is the only motivation behind these "schemes" that are allowed to charade themselves as "judicial branches" representing "fairness". If this in fact did ever happen, then I expect the outcome of these "spec-trials" would no longer be in favor of the corporate media machine that always tends to win these cases.
How many of the judges, lawyers, and prosecution rent or purchase DvD's or BluRay discs, to sit and watch at home with their family? I would suggest, many of them do, as recreation. In fact, do they know they are violating the same "copyright" laws that they continue to decide in favor of the propaganda machines? Well they are, as they only purchased a single copy, and unless they decided to buy enough copies for their whole family, which is highly unlikely, unfortunately, due to their own uninformed decisions, they are now criminals in their own eyes. Oh the irony of things.
The court had stated, that "The moderators keep the site clean and 'family friendly' by removing torrents that link to adult content, viruses and fake files." They do this proactively and in response to user feedback, the court concluded, pointing out that they should also be able to "moderate torrents that link to copyrighted material." Amazing, so then you tell them, they must violate the "law", by downloading these materials, to see if they are copyrighted, and IF they are copyrighted materials, they must remove them? Wouldn't that also make them a criminal in the same sense, then they are downloading copyrighted materials, which is also against the law? If ignorance were truly bliss, and it is, then these decisions are made by some of the happiest men and women on Earth.
Amazing I say, at the utter lack of research done by the same court rooms who are deciding the future of something they know nothing about. It was further concluded that Mininova profits from copyright infringement though the ads that appear on the site. Mininova co-founder Erik Dubbelboer said in a response: "We are obviously not happy with the verdict." Mininova is considering to appeal the decision, which they have to do within three months. This is another tragedy, due to the lack of information that is understood in these cases. I would like to personally apologize, to the rest of the universe, and all other species, that mankind, is perhaps the most ignorant form of life, to ever walk the face of this Earth, and that we cannot remove the majority of these unintelligible beings from our galaxy.
May we only hope, that when they are judged in the end, that their eternal fate is decided by someone or something, with more knowledge, than they possessed, and with more respect, then they gave out, during their lifetimes. Good luck Mininova in your appeals. Those of use who are informed, and far from the road of ignorance, will be supporting you.
August 29th, 2009Posted by: Date:
Saturday, August 29th, 2009
|Damn next thing you know we wont be able to let are buddies borrow a movie without risking freaking a huge fine and jail time its a shame i wish mininova the best|
|but its ok to record copyright material from sky and terrestrial television and nobody bats an eyelid, but sites like ET, Google and another popular site ;) only supply linksm no actual material is hosted by the named sites above. So as the previous comment, how can these sites be held liable. Shut mininova and ET then you may as well shut google too ;) nice|
|posted by (2009-08-29 05:57:17)|
|interesting article. i think that a war on piracy is like a war on drugs "YOU WILL NOT WIN" just look at out own history and you will see no one has EVER won against new technology lol it makes me feel warm inside to know just how dumb and ignorant these people are who try to push these sorts of verdicts because in the end when the dust settles we will be the controllers and decision makers unfortunately for us at the moment it will take a long time before that will happen.|
On a similar subject i recomend this piss funny movie clip about anti-piracy (spoof advertisement) enjoy :)
|posted by (2009-08-29 08:02:25)|
|The court ruled Mininova has 3 months to remove infringing torrents and to prevent such torrent from appearing on the site. If they don't, Mininova will be fined 1,000 Euro per infringing link, and up to 5 million Euro total (or $7 million dollars).|
But what will Mininova be with many of its most popular torrent removed?
yeah what will it be nothing :) but atleast the torrent world hsvae ET the place to be but its a new sad storie and who is next to
|@ Taker: Seems to me they are going right down the line starting with the Largest. So let me ask a question. How long till WE are the next contestant of this three ring circus? and are we prepared to fight such battle? I have a few suggestions if any interested.|
|posted by (2009-08-29 15:17:27)|
|well we can never be sure maby were next who knows only they do that well if ppl have something were always ready to hear them out|
|good article and i hope ET never faces such bigotry i had no idea mininova was going through that i guess they just moved on from tpb and attacked them...lol thats my 2cents|
|I think OBS Should go to be a lawyer and go out and fight for File Sharing Rights,,, He has a very great speech in every "piracy court thing" article. lol.. for real tho obs you are extremely grreat at wording your opinion to help out everyone here who does love to share "their own" files! ALso you put together a great perspective at how everyone should actually look at file sharing ( goin green with it, other companys could actually maake way more money if they stopped payin others to freakin look all online for file sharers lol etc et.) |
But if ET got hit w all this BULL then everyone would still be right here on ur side,, Cuz yes ET IS DEF THE place to be. and theres jus way tooooo many of uz out here,,THEY reallly realy couldnt stop us regardless~
YEt anther GReat article,,but hopefully u dnt need to keep on postin them up,,SUttin has got to be done about this,, its a pretty serious yet pathetic matter,`@! eeeerrrruughhh.... Thnks tho~!
|I wonder how many torrents get downloaded because of google and how many torrents get downloaded because people search for it on the torrent sites. I just notice that my latest torrents suddenly get a lot of extra hits after a slow beginning and guess what: it's #1 on google for that search query. Are those google downloaders?|
Godspeed to ET. Luckily you are located in Ukraine which might be a wiser place than Western Europe.
|posted by (2009-08-29 20:48:04)|
|well the biggist torrent search off them all is google you dont see them sue google do you. no they dont its the larges off them all so imo they should start suing google. they are every site who link to torrent should be remove so start with google|
|hey if et is ever faced with this. i guess what would be the best thing to do would just be to inform everybody that in case of an event as this the name would change. to like extraextratorrents.com and everytime just keep changing the name or just keep adding extra to the front. lmao. goodluck mininova and for that matter all p2p.|
|1 more thing. If we started boycotting google then they would have to get involved and speak up.|
|Thanks OBSCENE! Pretty soon they will wanting us to hand over our PC's. I will not go down without a fight!! Its been an honor a pribledge to be a member of ET Thanks!!|
|posted by (2009-08-30 00:05:41)|
|said with so much passion-common sense-truth-and explains just how stupid the government actually are...XXXObsceneXXX for presiden!!! gotta be,, u gotta to post this on government sites. keep checking an d reposting if deleted... thats something that people should see.. just take your name off the bottom if you do though... Obscene, your the man... i know its bad guy, but you hit the nail right on its head over n over... n u can make sure it can stick... theyre pathetic and incopmpetent to understand the true nature of the internet,, they may aswell pull the plug... that is the ONLY n i mean ONLY way they can stop people like ourselves and whoever reads this to stop doing this,, theyres just no way they can arrest everyone, cant say the same about fines but well,, no chance,, the governemnt will have a war with civilians if they even dared to try... keep up the AMAZING work dude... power to the torrent world!!!!|
|posted by (2009-08-30 00:06:49)|
|well im helping the mpaa delete torrents so they carnt sue me lmfao only dead ones and ur fake ass ones u mpaa cock suckers :)|
|posted by (2009-08-30 00:13:24)|
|thanks for the info OBS and very well written as usual :) thanks bro|
|i now this already...in my country...we hope brein will burn....they using our tax monney to fook around...they are a pain in they ass...freee the world...i say|
|posted by (2009-08-30 10:27:13)|
|theyre targeting torrent sites |
one by one
|the goverment only don't like it because they are not part of it and also they have no control over us. they are scared of what they can't control. ET you rock and i totaly agree with every word you say.I'm behind you all the way.|
|posted by (2009-08-30 13:27:01)|
|Damn! Now Mininova's under siege? Now I can't use that one anymore.|
What's next, EZTV and ET? If they shut those down I think I might wanna kill somebody! I love EZTV and ET!!!
|posted by (2009-08-30 14:07:46)|
|hmm let rename ET then to aprove by the goverment lmao|
|posted by (2009-08-30 15:47:44)|
|Mini nova is a great site they can shut it down and we will open another one under another name.The internet is freedom no blocking or shutting down sits.They would have to shut down the entire internet for file sharing to stop,Great article thanks.Hack the planet.|
|posted by (2009-09-01 10:56:21)|
|Hmm i wounder how many people in the goverment sit here downloading torrents and the film indusrty workers c'mon show your selves we all know you do it :o) |
they say ths is theft so why is it legal for Microsoft take 20 odd percent of my bandwdth without askin for my bank accoint to pos ta fat greasy cut of the profts isnt that theft in itself , and besides its not like the film music and sofware companys will lose much anyway people will still goto the movies still goto pop/rock venues and will still buy software (when) needed ;O) Mr.blue ... thank you for all the uploaders and there hard work welldone happy hours on me and feeed the need folks make sure you seed and say thnk you its doesnt cost anything
|posted by (2009-09-03 16:48:30)|
|If our Government has there way if my brother or sister wants to borrow a movie or Cd we will have to get Big Daddy's permission to do so next thing you know you will have to ask peermission to take a crap or fart. Oh yea I forgot the EPA is already taxing this one!!!||
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