Torrentspy reaches it's due date for appeal... - Tilted Forum Project Discussion Community

Willravel · 06-12-2007, 07:37 PM

I'm sure you're all familiar with the recent court decision for Torrentspy, the bit torrent network, to begin logging user information. The suit, made by the MPAA representing several major companies, was brought due to suspected copyright infringement. An article detailing the situation can be found here and I'll post it below.

I, personally, have several problems with the current case. For one, current copyright laws are so far beyond absurd, and the behavior of organizations like the MPAA and RIAA have been downright predatory and illegal. Copyrights should be about protecting the ownership of original work for a limited time, not controlling distribution or user use. The idea that I can't record a show onto my computer, but I can use a VCR is clearly unreasonable. The idea that when I back up a CD that I bought legally for an exorbitant price, I will be installing spyware and programs that I do not want or am aware of is truly criminal.

In this particular case, the Judge is (I believe) trying to gather new evidence in the case by insisting on these logs of user activity. The reality is that they are trying to create new evidence, which is against the rules of discovery under the law. Imagine, if you will, a man is being tried for stealing coffee from 7-11s. In gathering evidence, they set up a 7-11 to monitor his possible theft. Since he has already been charged, they cannot gather future evidence towards that charge. They would have to file a new suit. The judge, Jacqueline Chooljian, is creating a situation of entrapment and is breaking the rules of discovery, which suggest that without breaking these rules the suit would not succeed. I'm more than willing to suggest that Jacqueline Chooljian may have accepted a bribe of some kind, considering that she has the fortitude to ignore her duty to justice and the law in order to attack Torrentspy. I fear the precedent this may set, and I fear judges like Jacqueline Chooljian who are traitors to the law and justice.

If you remember, the MPAA has, in the past, resorted to using hackers to get your information, hack into the email accounts of the Torrentspy's staff, and has turned a blind eye towards identity theft in their crusade against file sharing. This cheating in a courtroom is hardly a new strategy.

I do have to wonder how Torrentspy can prevail when the judge is willing to break the law to incriminate them. I hope they can shut down the site before any of them face sentencing for laws they didn't break.

Quote:

TorrentSpy ordered to start tracking visitors
By Greg Sandoval
Staff Writer, CNET News.com
Published: June 8, 2007, 7:28 PM PDT

A court decision reached last month but under seal until Friday could force Web sites to track visitors if the sites become defendants in a lawsuit.

TorrentSpy, a popular BitTorrent search engine, was ordered on May 29 by a federal judge in the Central District of California in Los Angeles to create logs detailing users' activities on the site. The judge, Jacqueline Chooljian, however, granted a stay of the order on Friday to allow TorrentSpy to file an appeal.

The appeal must be filed by June 12, according to Ira Rothken, TorrentSpy's attorney.

TorrentSpy has promised in its privacy policy never to track visitors without their consent.

"It is likely that TorrentSpy would turn off access to the U.S. before tracking its users," Rothken said. "If this order were allowed to stand, it would mean that Web sites can be required by discovery judges to track what their users do even if their privacy policy says otherwise."

The Motion Picture Association of America, which represents Columbia Pictures and other top Hollywood film studios, sued TorrentSpy and a host of others in February 2006 as part of a sweep against file-sharing companies. According to the MPAA, the search engine was sued for allegedly making it easier to download pirated files.

Representatives of the trade group could not be reached for comment.

The court's decision could have a chilling effect on e-commerce and digital entertainment sites, said Fred von Lohmann, an attorney with the Electronic Frontier Foundation. He calls the ruling "unprecedented."

EFF, which advocates for the public in digital rights' cases, is still reviewing the court's decision, but von Lohmann calls what he's seen so far a "troubling court order."

This is believed to be the first time a judge has ordered a defendant to log visitor activity and then hand over the information to the plaintiff.

"In general, a defendant is not required to create new records to hand over in discovery," von Lohmann said. "We shouldn't let Web site logging policies be set by litigation."

Many Web companies keep visitor logs, which can include Internet Protocol addresses, as well as other information. Some choose not to record this data, including EFF, von Lohmann said.

What hope is there when the powerful prey on the weak?

MexicanOnABike · 06-12-2007, 08:04 PM

urgh... i hate every possible copyright crap i see.

Quote:

the search engine was sued for allegedly making it easier to download pirated files.

If i own movie A and I decide I want to watch it or make a copy, I can either put the DVD in my dvd player, which will install stupid crap or I can download it which is legal because i already payed for it. but how do they know if i did or not? that's the problem with p2p. it's not pirated just because it's online!!

it still wont stop me from downloading the shows I like. stupid MPAA.

The Faba · 06-13-2007, 12:41 AM

Quote:

Originally Posted by willravel

Copyrights should be about protecting the ownership of original work for a limited time, not controlling distribution or user use.

You can thank Disney for that. You think they'll ever let the copyright on Mickey Mouse expire? They'll just keep sending thousands of lobbyists to congress to extend copyright laws.

Just another example of how Disney is destroying the world.