Brazil Declares File Sharing Software IllegalAdded: Saturday, September 19th, 2009
Category: Recent Headlines Involving File Sharing > Current Events
Tags:File Sharing, Anti Piracy, p2p, Torrent, Images, Brazil, court, gnutella, Unjust
Word has come out of a Brazil, that due to a recent lawsuit placed against Cadare Information Technology Ltd, a company which controls the iPlay.com.br website, the entire country of Brazil has now made K-Lite Nitro illegal for download, use, or distribution. This comes after previous decisions were made in the case, and another devastating blow to our freedoms and rights to share files and information openly over the internet.
K-Lite Nitro is a P2P file exchange program with multi-protocol technology that can connect to four P2P networks simultaneously (Ares, Gnutella, FastTrack and OpenFT), and also has many characteristics of programs of this type (Ares, LimeWire, BearShare, iMesh, Gnucleus, Morpheus, etc...).With this program you can search for all types of files on the Net. You can search by category, in addition to an audio and video player to listen to or watch what you download.K-Lite Nitro also has an Internet browser with links to different webpages based on categories.
In 2007, a lawsuit was initiated by the Protective Association of Phonographic Intellectual Property Rights (APDIF). This group, is an avid anti-piracy advocate, which has since become affiliated with the Anti-Piracy Association of Film and Music (APCM), with has ties to EMI, Sony, Universal and Warner as key members. The lawsuit stated that the iPlay founders, were responsible for the application which allows millions of users to distribute alleged copyrighted files on the networks of Gnutella, OpenFT and Ares.
In fact, just this past February, the presiding body of the court, decided that rather than force iPlay to remove K-Lite Nitro from its site, that they must implement and force a copyright filter onto the software, in order to prevent the distribution of unauthorized music. The plaintiff Anti-Piracy Association, turned over a list as large as four million tracks, which were to be filtered out from the networks which K-Lite Nitro was able to tap into. Yet, since K-Lite nitro was not written nor developed by iPlay, the decision was appealed and thus the epic battle continued, as it went back for another day in court.
The trial took place on August 25th of this year, yet the final decision was only laid out this Monday. The 6th Civil Chamber of the Court of Paraná in southern Brazil, came to the final conclusion that since court-ordered K-Lite Nitro filtering mechanism was ineffective that there were no alternatives other than to issue a complete ban on the software, saying that the website offering it would be assisting the copyright infringements of its users.
Assisting in copyright infringement? By allowing others to download a free-ware application which they in no way, shape or form had any assist in developing, producing, or programming? Amazing decision no doubt. The judge presiding over the case went to to state that any website offering the software alongside advertising (i.e, trying to profit from offering it) would be committing a crime, punishable by between two and four years in jail.
“By this logic, virtually any site in Brazil that offers P2P clients would be subject to accountability, to have their business threatened by the alleged illegality of the act of hosting certain types of software,” said Omar Kaminski, author of attorney Internet Legal, a blog specializing in IT law.
Cadare Information Technology Ltd, stated they will appeal. Nelson Cadare Luciano, the owner of iPlay said: “We will defend ourselves because we always had the feeling that it [K-Lite Nitro] is not illegal since you can use it to share legal content as well.” The Anti-Piracy Association of Film and Music returned fire after the judgement was handing down, stating that the ruling is “important for the future of the digital music market in Brazil.”
What's amazing is, the court obviously yet again has no idea how p2p and file sharing works, or what protocols and methods it consists of. Sadly, courts that are so ill-informed, are allowed to preside and make such vital decisions over technology that they do not understand. Possibly worse, the defendants in this case, sat by idling as their attorneys, whom obviously have a similar lack of knowledge about file-sharing, did little to persuade the courts to hear their client's side. Attorneys in these situations, should be informed about the client, and the client's software, and the differences between hosting an application and allowing someone to download copyrighted materials.
Obviously iPlay cannot be held liable for hosting a file on it's site, that is not illegal. The above mentioned software, K-Lite Nitro, is not illegal, it is a peer to peer communicating device. I can also make death threats from my telephone, I can call in false police alarms, fire alarms, etc... Does that make the telephone illegal? The telephone is enabling me to do this, maybe I should ban it. Automobiles are responsible for thousands of deaths each year... I can drive my car into a sidewalk of children, but does that make the automobile maker liable? No it does not. These attorneys should be fired immediately, and those overseeing the courts should penalize those making such decisions.
Not only is it an outrage, but again, it's an attack on the freedoms of those in Brazil, and a blow to the rights of anyone on the internet, is a blow to us all. I don't know about you, but there is only one kind of blow I like, and my idea consists of my pants down. Seems the only one caught with their pants down in this case, is the Anti-Piracy advocates, as the now "illegal" and "banned" software known as K-Lite Nitro, is now appearing on thousands of "mirrors" available to users globally as a result of this decision.
If you would like to write a letter to explain to the Brazilian courts, you can do so at the U.S. Embassy website, http://www.brasilemb.org/
, and make sure you let them know why file sharing is not illegal, and why they should overturn this decision.
As a way of slapping the Anti-Piracy Association of Film and Music directly in the mouth, I would expect to see many of warez sites re-listing this program, and mirror sites appearing all over the web, to allow this content be be freely once again. The application itself cannot be illegal, it is the user whom is using it which decides what legal boundaries can and cannot be crossed. This is common sense, same with driving a car, shooting a gun, and many other analogies I could use. You get the point. The problem is, the courts do not. Or maybe they do, but the large chunks of cash given to their political parties by the anti-piracy outfits persuade them to choose to ignore the rights of the little people.
Instead of going after the individuals that use a product for illegal purposes, they would rather just remove the product completely. Once again, instead of looking at the “legal” aspects of P2P, they always look at the negative and “illegal” side of the issue. Just like guns can be used to protect you home and family, ant-gun activists only look at the few individuals that use them for the wrong reason, or negligence on a parent’s part who didn’t make sure their kid didn’t get a hold of their gun. Pretty fucked up if you ask me. Punish everybody for what a few people do wrong, i.e., try to get rid of P2P because of what some people do instead of looking at the advantages of the technology.
If you would like a piece of this Brazilian/Portugese "illegal" software, simply visit this mirror: K-Lite Nitro
, and be sure to share it with others, as it's now "banned" in certain areas of the world.
Saturday, September 19th, 2009
Posted by: Date:
Saturday, September 19th, 2009
|Hell, next thing they'll be pushing for, is to ban all gnutella/p2p/eDonkey/torrent clients. This is a total intrusion of one's right to share, and worse, a decision that lacks proper investigation into the definition of file sharing software. Sad that they courts do not even try to fully understand how this technology works. Maybe they should have tried to reach a deal, implementing legal purchases of copyrighted materials into the K-Lite Nitro software. This way they could have at least profited from it as well. Instead, they chose to make this relatively unknown software even more popular, as this story is trickling across the web, and millions more will now have knowledge of it then ever did before. Funny how they can only blame themselves.|
|very good post obs. thanks for a good read. ;)|
|personally, i don't think file-sharing would be nearly as big if it didn't get all the free publicity by being openly attacked in the media. the more they carry on about the evil "pirates", the more people decide to try it for themselves. nothing like screwing yourself on a regular basis:) at least our enemies in this war for our freedoms are at the least "challenged". makes me worry about them a LITTLE less.|
|posted by (2009-09-19 18:33:38)|
|WHERE IS YOUR PAPERS!!!|
|Not bad with 9 million downloads 0.o|
|is this supposed to suprise anyone? i figure whos next, after the sweeden decision against TPB. everything is open game... But in the end, its only a shot in there own foot, showing there own Ignorance to the truth...|
There the ones creating the Anarchy, and they wonder were corruption starts... funny how it always is at the top...
|Very poetic kingtiger01. Good read OBS. TY.|
|In this world you can kill people, rape people, and rob your own company but you cant share files or smoke a little cheeba. WTF!!!|
|Thanks Obs... agreed. I'm a musician and over the past few years I have totally embraced the net and how you can have people all over the world listen to your music in a way bands like Black Sabbath would never have imagined. Mind you there is a lot of terrible music out there that we are forced to listen to now.. lol.. but for a medium like p2p file sharing or mp3, etc, to not be embraced is just insane. There could be some brilliant talent in Brazil that could get discovered either musically or in movies through sites and services like this that would not any other way. It would benefit their country / economy with the recognition.. ok ok.. I'm getting off my soap box.. but it does bother me that our rights as humans to share media with each other is constantly under attack. If that rant makes any sense.. lol|
|dude i dont wanna sound like a total noob bt i gotta clear my head ..........|
is downloading torrents illegal or not, i have read many articles that say if the stuff is copy righted then its illegal. so like if i download a movie frm et will that b illegal to.
how to know whether certain stuff is copyrghted or not????
arent all the movies copyrighted?????????
plz can somebody clear ma doubts.
thanx in advance
|look at it like this if they stop p2p sharing all together and they are trying hard now then the people who actually support the artists should stop buying there music, movies, or whatever they do and see who wins out in that battle when they have nothing maybe then they will wish that people would want to dl or ul there music I think it is great that it gives new artist a chance to get there music out there in the world and established musicians the chance for the average person to enjoy there music but I will not buy another cd or dvd because of these people worrying about all the money they have, most of these artist make more in a year if they are good then the average person makes in there life that's just my opinion||
Most Popular Stories