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	<title>TorrentFreak &#187; Search Results  &#187;  two and a half men</title>
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	<link>http://torrentfreak.com</link>
	<description>Torrent News, Torrent Sites and the latest Scoops</description>
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		<title>AFACT v iiNet: Safe Harbor Protection Intact, Says iiNet</title>
		<link>http://torrentfreak.com/afact-v-iinet-safe-harbor-protection-intact-says-iinet-091113/</link>
		<comments>http://torrentfreak.com/afact-v-iinet-safe-harbor-protection-intact-says-iinet-091113/#comments</comments>
		<pubDate>Fri, 13 Nov 2009 11:56:10 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Copyright Issues]]></category>
		<category><![CDATA[Legal Issues]]></category>
		<category><![CDATA[AFACT]]></category>
		<category><![CDATA[iiNet]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18863</guid>
		<description><![CDATA[<p>...&#160; of <strong class="search-excerpt">A</strong>F<strong class="search-excerpt">A</strong>CT – representing sever<strong class="search-excerpt">a</strong>l Hollywood studios – <strong class="search-excerpt">and</strong> <strong class="search-excerpt">A</strong>ussie ISP iiNet (multiple links to <strong class="search-excerpt">a</strong>ll our e<strong class="search-excerpt">a</strong>rlier cover<strong class="search-excerpt">a</strong>ge c<strong class="search-excerpt">a</strong>n be found&#160;...&#160; of 20 iiNet users, on <strong class="search-excerpt">a</strong>ver<strong class="search-excerpt">a</strong>ge they could h<strong class="search-excerpt">a</strong>ve downlo<strong class="search-excerpt">a</strong>ded <strong class="search-excerpt">two</strong> to three movies e<strong class="search-excerpt">a</strong>ch in the reported monitoring period of 59&#160;...</p>]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/afact.jpg" alt="AFACT" align="right" />The trial continues in the copyright infringement case of AFACT – representing several Hollywood studios – and Aussie ISP iiNet (multiple links to all our earlier coverage can be found <a href="http://torrentfreak.com/afact-v-iinet-isp-we-should-not-be-doing-afacts-work-091106/">here</a> and <a href="http://torrentfreak.com/afact-v-iinet-barrister-tears-into-iinet-key-witnesses-091110/">here</a> and <a href="http://torrentfreak.com/afact-v-iinet-judge-asked-to-disregard-iinet-evidence-091111/">here</a>)</p>
<p>The case continued in the Federal Court, with iiNet barrister Richard Cobden beginning his closing submissions.</p>
<p>Referring to the allegations by AFACT that it detected around 97,000 instances of copyright infringement carried out by iiNet subscribers, Cobden said that there was actually only sufficient evidence to prove that a single subscriber had carried out any. That individual was the mole planted by AFACT and DtecNet to carry out deliberate &#8216;infringements&#8217; on behalf of the plaintiffs.</p>
<p>iiNet&#8217;s protection under Safe Harbor provisions which limit a carrier&#8217;s liability under the Copyright Act remained intact, since no infringer had been identified other than AFACT&#8217;s own investigator. Since he was authorized by the plaintiffs, he committed no offenses and could not even be accurately categorized as an infringer. On this basis, iiNet did not disconnect him.</p>
<p>Cobden admitted that AFACT&#8217;s method of counting infringements indicated that it&#8217;s possible that from a sample of 20 iiNet users, on average they could have downloaded two to three movies each in the reported monitoring period of 59 weeks.</p>
<p>“It’s clear from the accounts that ultimately the [infringing] activity is likely to account for a very modest percentage of that user’s activity [and] a very modest percentage of their quota,” said Cobden as reported by <a href="http://www.itnews.com.au/News/160466,day-19-iinet-tries-to-show-disbalance-in-studio-demands.aspx">ITNews</a>.</p>
<p>Cobden went on to say that this didn&#8217;t amount to the &#8220;dramatic&#8221; amounts of infringement alleged by AFACT, so there was no evidence that this activity drove the uptake of iiNet high-bandwidth accounts from which the ISP profited.</p>
<p>Disconnecting users on such limited numbers of infringements shown on the sample accounts would have been a disproportionate response, he added.</p>
<p>The iiNet barrister also spoke in detail on iiNet&#8217;s privacy responsibilities under Section 112E of Australia&#8217;s Telecommunications Act, which he said undermined AFACT&#8217;s claims that by not complying with its requests it authorized the infringing activities of its subscribers. Detailed information on this key aspect of iiNet&#8217;s defense can be found <a href="http://www.zdnet.com.au/news/communications/soa/iiNet-stands-firm-on-Telco-Act-defence/0,130061791,339299524,00.htm?omnRef=http://news.google.com/news?hl=en&#038;source=hp&#038;q=afact&#038;um=1&#038;ie=UTF-8&#038;sa=N&#038;tab=wn">here</a>.</p>
<p>iiNet was never legally obliged to deal with AFACT infringement notices, Cobden told the court, noting that the law concerning copyright &#8220;authorization&#8221; does not require any ISP to suspend or terminate a customer&#8217;s account. </p>
<p>Cobden attacked allegations by AFACT that iiNet&#8217;s business model relies on illegal file-sharing, saying that the anti-piracy outfit had a distorted view of the world.</p>
<p>&#8220;In many ways the applicants look at everything that iiNet does entirely through the prism of their own concern for copyright infringement,&#8221; he said, noting that the company had been in business for many years and had simply kept up with offerings from its rivals Telstra and Optus.</p>
<p>&#8220;Once you take that prism away and look at it in terms of business and keeping up-to-date with technologies, and keeping its customers happy, almost every document, internal document, takes on an entirely different reflection,&#8221; he added, as quoted by ZDNet.</p>
<p>Cobden said there was zero evidence to back up AFACT allegations that iiNet users burned downloaded material onto CDs and DVDs and distributed them. This, he <a href="http://www.computerworld.com.au/article/326202/afact_v_iinet_iinet_kicks_off_its_closing_arguments?fp=4194304&#038;fpid=1">said</a>, significantly decreased the number of copyright infringements claimed by AFACT.</p>
<p>iiNet&#8217;s legal team will continue with their closing submissions next week.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
]]></content:encoded>
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		<slash:comments>35</slash:comments>
		</item>
		<item>
		<title>PeerBlock File-Sharing Safety Tool Clocks 100,000 Downloads</title>
		<link>http://torrentfreak.com/peerblock-file-sharing-safety-tool-clocks-100000-downloads-091111/</link>
		<comments>http://torrentfreak.com/peerblock-file-sharing-safety-tool-clocks-100000-downloads-091111/#comments</comments>
		<pubDate>Wed, 11 Nov 2009 21:58:58 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Interview]]></category>
		<category><![CDATA[P2P and Filesharing]]></category>
		<category><![CDATA[PeerBlock]]></category>
		<category><![CDATA[peerguardian]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18810</guid>
		<description><![CDATA[<p>...&#160; <strong class="search-excerpt">a</strong> user's file-sh<strong class="search-excerpt">a</strong>ring <strong class="search-excerpt">a</strong>ctivities, <strong class="search-excerpt">a</strong>long with spyw<strong class="search-excerpt">a</strong>re <strong class="search-excerpt">and</strong> other m<strong class="search-excerpt">a</strong>licious softw<strong class="search-excerpt">a</strong>re.

Just over <strong class="search-excerpt">a</strong> month h<strong class="search-excerpt">a</strong>s p<strong class="search-excerpt">a</strong>ssed since the first&#160;...&#160; up to 7,000 visitors e<strong class="search-excerpt">a</strong>ch d<strong class="search-excerpt">a</strong>y.

<strong class="search-excerpt">A</strong>side from fixing one or <strong class="search-excerpt">two</strong> bugs, the te<strong class="search-excerpt">a</strong>m h<strong class="search-excerpt">a</strong>s lots of new fe<strong class="search-excerpt">a</strong>tures pl<strong class="search-excerpt">a</strong>nned for PeerBlock. <strong class="search-excerpt">A</strong>nyone th<strong class="search-excerpt">a</strong>t&#160;...</p>]]></description>
			<content:encoded><![CDATA[<p>Peerblock is a piece of software which lets you control who your computer communicates with on the Internet.  By utilizing lists of &#8216;known bad&#8217; computers, it&#8217;s possible for it to block P2P companies from monitoring a user&#8217;s file-sharing activities, along with spyware and other malicious software.</p>
<p>Just over a month has passed since the first stable public release of the software and PeerBlock has now managed to clock up more than 100,000 downloads. To mark this milestone, TorrentFreak caught up with Mark from the project for the lowdown.</p>
<p>Mark told us that the creation of PeerBlock was inspired by him upgrading his PC from 32 to 64 bit in order to utilize 6gb of RAM. Everything worked fine &#8211; until he tried to get PeerGuardian (another IP blocker) to work.</p>
<p>Having hacked away and jumped through hoops to get around driver-signing it would still only work half the time and often crashed without warning. As a software engineer who has worked in the commercial sector for more than 13 years, Mark &#8211; who admits to being &#8220;an arrogant bastard who truly believes he can do just about anything better than just about anybody,&#8221; decided he could find a solution. It was &#8220;put up or shut up time,&#8221; he told TorrentFreak.</p>
<p>Noticing that the PeerGuardian code was open-source but hadn&#8217;t been touched for a couple of years, Mark contacted another developer who had the same thing in mind, but having heard nothing back, he went at it alone.</p>
<p>&#8220;I started setting up a Sourceforge.net project for it so we could get free source-control, but they took too long to set it up for me so I instead created a project over at Google Code where it was ready within minutes,&#8221; he told us.</p>
<p>Having heard from a few people who were interested in helping out with the development side &#8211; &#8220;night_stalker_z&#8221; who&#8217;d earlier started trying to hack the PG2 code into shape, &#8220;DarC&#8221; / &#8220;DisCoStu&#8221; who wanted to help out with fixing up the installer, XhmikosR who rewrote the installer, and some testers, things moved forward.</p>
<p>After facing troubles due to the lack of a &#8220;signed driver&#8221; for 64-bit versions of Vista (which resulted in Mark having to set up a registered company before they were allowed to buy a $230 code-signing certificate), a couple of blogs wrote articles on PeerBlock which attracted some much-needed publicity to the project. This resulted in 10,000 downloads in just one weekend.</p>
<p>&#8220;We&#8217;re still getting donations from people and we now have enough to pay for next year&#8217;s annual code-signing certificate, and we&#8217;re saving up to be able to rent our own VPS with full root access etc, upon which we&#8217;ll be able to build a &#8216;real&#8217; online-update system, a custom web-app to tie our forums/issue-tracker/website all together, and some other neat things,&#8221; Mark explains.</p>
<p>The first stable release of PeerBlock came out on September 27th, and as of November 5th had clocked up an impressive 100,000 downloads. The site now receives up to 7,000 visitors each day.</p>
<p>Aside from fixing one or two bugs, the team has lots of new features planned for PeerBlock. Anyone that has tried to surf the web with a blocklist in place will know how painful that can be, so PeerBlock will have some new features which allow the &#8220;whitelisting&#8221; of certain apps, such as a browser, the creation of a proxy server to let users configure PeerBlock to listen on certain ports, possibly an integral &#8220;AdMuncher&#8221; style ad-blocking feature on a per URL basis (as opposed to just an IP-address), and an encrypted chat feature.</p>
<p>TorrentFreak asked Mark why users should choose PeerBlock over the competition. </p>
<p>&#8220;Well, first off we need to ask &#8216;Who IS the competition?&#8217;  The only ones I&#8217;m really aware of are: Protowall by the folks over at Bluetack which is closed-source and I don&#8217;t believe was ever updated for Vista, and Outpost Firewall, which is closed-source and basically just a hack add-on to a more professional firewall product,&#8221; he responded, while noting that uTorrent&#8217;s built-in IP-filtering feature only handles one manually-updated list.</p>
<p>&#8220;We protect your entire machine, and give you the option to try out any P2P app you want &#8211; this freedom of choice is a very important thing, I think.  And since it does everything automatically, including list-updates, it&#8217;s one less thing to think about,&#8221; he added.</p>
<p>Another important question relates to the blocklists that have to be used in conjunction with PeerBlock in order for it to block anything. </p>
<p>He told TorrentFreak that he&#8217;s a big fan of <a href="http://www.iblocklist.com/">iblocklist</a>, who serve up a staggering 10TB of blocklists every month for free. The site doesn&#8217;t create the lists, but does offer those from Bluetack, including the Level1 list (renamed to &#8216;P2P&#8217; in PG2/PeerBlock, which contains both Gov and Anti-P2P IP-addresses) and others.</p>
<p>Mark admits that even in a best case scenario, the available blocklists aren&#8217;t 100% effective. That said, there have been studies which show that using blocklists along with software such as PeerBlock can help speed up downloads, but no-one knows how many of the potential &#8220;bad IPs&#8221; are covered by currently available blocklists.</p>
<p>P2P aside, Mark says there has been feedback to suggest that PeerBlock discovered a Conficker infection on a user&#8217;s machine that their anti-virus programs missed, and can also stop ads appearing in browsers that lack in-built blocking.</p>
<p>One other exciting thing for the future of PeerBlock is porting it to the Mac. Mark says they&#8217;re saving all the donations for additional development and this is the most-requested request right now.</p>
<p>Users of PeerBlock are encouraged to give as much feedback as possible to Mark&#8217;s team, via their <a href="http://forums.peerblock.com/">forums</a>, IRC (#peerblock on freenode.net) or <a href="http://tinymailto.com/peerblock">email</a>.</p>
<p>PeerBlock can be downloaded <a href="http://www.peerblock.com/releases">here</a>.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
]]></content:encoded>
			<wfw:commentRss>http://torrentfreak.com/peerblock-file-sharing-safety-tool-clocks-100000-downloads-091111/feed/</wfw:commentRss>
		<slash:comments>118</slash:comments>
		</item>
		<item>
		<title>AFACT v iiNet: Barrister Tears Into iiNet Key Witnesses</title>
		<link>http://torrentfreak.com/afact-v-iinet-barrister-tears-into-iinet-key-witnesses-091110/</link>
		<comments>http://torrentfreak.com/afact-v-iinet-barrister-tears-into-iinet-key-witnesses-091110/#comments</comments>
		<pubDate>Tue, 10 Nov 2009 10:03:53 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Copyright Issues]]></category>
		<category><![CDATA[Legal Issues]]></category>
		<category><![CDATA[AFACT]]></category>
		<category><![CDATA[iiNet]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18769</guid>
		<description><![CDATA[<p>...&#160; of <strong class="search-excerpt">A</strong>F<strong class="search-excerpt">A</strong>CT – representing sever<strong class="search-excerpt">a</strong>l Hollywood studios – <strong class="search-excerpt">and</strong> <strong class="search-excerpt">A</strong>ussie ISP iiNet (links to our e<strong class="search-excerpt">a</strong>rlier cover<strong class="search-excerpt">a</strong>ge c<strong class="search-excerpt">a</strong>n be found here)

The&#160;...&#160; knowledge <strong class="search-excerpt">a</strong>s <strong class="search-excerpt">a</strong> prime ex<strong class="search-excerpt">a</strong>mple.

"To put forw<strong class="search-excerpt">a</strong>rd these <strong class="search-excerpt">two</strong> gentlem<strong class="search-excerpt">a</strong>n <strong class="search-excerpt">a</strong>s the extent of f<strong class="search-excerpt">a</strong>mili<strong class="search-excerpt">a</strong>rity of BitTorrent in the comp<strong class="search-excerpt">a</strong>ny is <strong class="search-excerpt">a</strong>n&#160;...</p>]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/afact.jpg" alt="AFACT" align="right" />The trial continues in the copyright infringement case of AFACT – representing several Hollywood studios – and Aussie ISP iiNet (links to our earlier coverage can be found <a href="http://torrentfreak.com/afact-v-iinet-isp-we-should-not-be-doing-afacts-work-091106/">here</a>)</p>
<p>The case continued in the Federal Court, with AFACT making its closing submissions and tearing into iiNet witnesses CEO Michael Malone and chief regulatory officer Steve Dalby.</p>
<p>The film industry, represented by chief barrister Tony Bannon, labeled Malone&#8217;s evidence as &#8220;incredible&#8221;, &#8220;evasive&#8221; and unreliable. Bannon said iiNet gave nothing but excuses for not acting on such notices and that Malone&#8217;s assertion that copyright laws should should be changed or an industry code introduced before he could act on infringement notices were &#8220;extreme&#8221;.</p>
<p>Since only Malone and Dalby appeared for cross-examination on behalf of iiNet, Bannon took the opportunity to criticize the company for not putting forward other staff from the company, who, Bannon claimed, would be better placed to answer the questions during the trial.</p>
<p>Bannon said this had put Malone and Dalby in the position of providing evidence on matters they knew nothing about, citing the pair&#8217;s lack of BitTorrent knowledge as a prime example.</p>
<p>&#8220;To put forward these two gentleman as the extent of familiarity of BitTorrent in the company is an entirely inaccurate picture of a company which plainly has a mass of technical expertise,&#8221; said Bannon, as reported by <a href="http://www.itnews.com.au/News/160257,day-17-film-industry-attacks-iinet-witness-selection.aspx">ITNews</a>.</p>
<p>&#8220;It beggars belief that a company which paints itself as an Internet pioneer doesn&#8217;t have a level of knowledge within that company that knows exactly how the BitTorrent client works,&#8221; he added.</p>
<p>On an earlier claim where the iiNet CEO claimed to understand the BitTorrent protocol by not the operation of a torrent client, Bannon said it was a nonsense, to which insult to injury was added when it was revealed that iiNet operated its own BitTorrent tracker.</p>
<p>Bannon said it was clear to him that the only individuals in the court who claimed to know little to nothing about torrents were Malone and Dalby, but in reality the company understood the system perfectly well. Its motive for this stance, he said, was so that the company could distance itself from the accusations of authorizing the copyright infringements of their customers.</p>
<p>Bannon also heavily criticized Dalby&#8217;s evidence when he claimed to have the company&#8217;s policy on taking action only against repeat infringers &#8220;in his head&#8221;, insisting that no such policy exists.</p>
<p>iiNet is also asking the court to find its own terms and conditions both unenforceable and unreasonable, said Bannon as quoted by <a href="http://www.computerworld.com.au/article/325670/afact_vs_iinet_afact_alleges_iinet_argument_deficent">CW</a>.</p>
<p>Although iiNet has asserted time and again in the case, that if a court ruled that someone had infringed copyright the ISP would disconnect them, the AFACT barrister said that iiNet&#8217;s own terms alone gave them the right to disconnect copyright infringers, and dismissed the ISP&#8217;s claims that the clause was unenforceable. </p>
<p>AFACT claims that iiNet engaged in secondary acts of infringement when it failed to stop its subscribers sharing illicit files on their network, citing the legal principles established in the 1975 case known as University of NSW v Moorhouse, details of which can be found <a href="http://www.theaustralian.com.au/australian-it/copier-case-cited-as-iinet-fight-rages/story-e6frgakx-1225795984368">here</a>.</p>
<p>According to another <a href="http://www.itnews.com.au/News/160237,day-17-iinet-copyright-case-to-enter-fifth-week.aspx">report</a>, the case could run over into a fifth week to 19th November and beyond to allow enough time for iiNet lawyers to prepare the company&#8217;s closing submissions.</p>
<p>The case continues.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
]]></content:encoded>
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		<slash:comments>48</slash:comments>
		</item>
		<item>
		<title>AFACT v iiNet: ISP: &#8220;We Should Not Be Doing AFACT&#8217;s Work&#8221;</title>
		<link>http://torrentfreak.com/afact-v-iinet-isp-we-should-not-be-doing-afacts-work-091106/</link>
		<comments>http://torrentfreak.com/afact-v-iinet-isp-we-should-not-be-doing-afacts-work-091106/#comments</comments>
		<pubDate>Fri, 06 Nov 2009 10:27:31 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Copyright Issues]]></category>
		<category><![CDATA[Legal Issues]]></category>
		<category><![CDATA[AFACT]]></category>
		<category><![CDATA[iiNet]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18656</guid>
		<description><![CDATA[<p>...&#160; of <strong class="search-excerpt">A</strong>F<strong class="search-excerpt">A</strong>CT – representing sever<strong class="search-excerpt">a</strong>l Hollywood studios – <strong class="search-excerpt">and</strong> <strong class="search-excerpt">A</strong>ussie ISP iiNet (e<strong class="search-excerpt">a</strong>rlier cover<strong class="search-excerpt">a</strong>ge of d<strong class="search-excerpt">a</strong>y one, d<strong class="search-excerpt">a</strong>y <strong class="search-excerpt">two</strong>, d<strong class="search-excerpt">a</strong>y three, d<strong class="search-excerpt">a</strong>y four , d<strong class="search-excerpt">a</strong>y five, d<strong class="search-excerpt">a</strong>y six, d<strong class="search-excerpt">a</strong>y seven, d<strong class="search-excerpt">a</strong>y eight, d<strong class="search-excerpt">a</strong>y nine,&#160;...</p>]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/afact.jpg" alt="AFACT" align="right" />It’s day thirteen in the copyright infringement case of AFACT – representing several Hollywood studios – and Aussie ISP iiNet (earlier coverage of <a href="http://torrentfreak.com/afact-v-iinet-the-bittorrent-battle-begins-091006/">day one</a>, <a href="http://torrentfreak.com/afact-v-iinet-bittorrent-piracy-claims-artificially-inflated-091007/">day two</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-3-studios-promoted-bittorrent-091008/">day three</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-4-bittorrent-deals-irrelevant-091009/">day four </a>, <a href="http://torrentfreak.com/afact-v-iinet-day-5-anti-piracy-tech-is-secret-091012/">day five</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-6-ip-address-alone-is-not-enough-091013/">day six</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-7-did-investigators-condone-infringement-091014/">day seven</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-8-anti-piracy-evidence-lacking-091015/">day eight</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-8-afact-attack-iinet-piracy-policy-091102/">day nine</a>, <a href="http://torrentfreak.com/afact-v-iinet-pirates-will-be-cut-off-with-a-court-order-091103/">day ten</a>, <a href="http://torrentfreak.com/afact-v-iinet-half-of-iinet-traffic-is-bittorrent-091104/">day eleven</a>, <a href="http://torrentfreak.com/afact-v-iinet-its-impossible-to-block-the-pirate-bay-091105/">day twelve</a>.</p>
<p>The case continued Friday in the Federal Court, with iiNet&#8217;s chief regulatory officer, Steve Dalby, taking the stand following his first appearance Thursday afternoon.</p>
<p>Yesterday, Dalby recalled having difficulty in understanding some of the terminology utilized by AFACT in the infringement notice spreadsheets it submitted to iiNet.</p>
<p>Dalby told AFACT barrister Tony Bannon that iiNet had told AFACT there was an issue with some items being unclear in the spreadsheets.</p>
<p>&#8220;There was no legend associated with this spreadsheet. I had to make an assumption. We asked AFACT for more information,&#8221; <a href="http://www.itnews.com.au/News/159865,day-14-iinet-confused-by-afacts-techspeak.aspx">ITNews</a> quotes Dalby as saying.</p>
<p>Bannon then criticized Dalby for not being specific and expecting AFACT to guess at which terms were not understood, but Dalby pointed out that he expected AFACT to contact the ISP for clarification.</p>
<p>Further discussion took place on the issue of IP addresses and how iiNet allocates them to customers. Time and again, Dalby explained that IP addresses are allocated to a customer account and they do not necessarily represent any particular computer that the customer may use.</p>
<p>In what is becoming a recurring theme, today Dalby told the court that iiNet had no intention of forwarding AFACT&#8217;s copyright infringement notices to its customers purely on their allegations.</p>
<p>“Our position was that we should not be doing AFACT’s work,” <a href="http://www.computerworld.com.au/article/325331/afact_v_iinet_we_should_doing_afact_work?fp=4194304&#038;fpid=1">said</a> Dalby. “If we had received authorization by way of court order, that would have changed our position.”</p>
<p>AFACT went on to tender a draft e-security code of practice from the Internet Industry Association (IIA) created earlier this year. It proposes that in future, ISPs could contact, and maybe even disconnect subscribers, who have malware-ridden computers which negatively affect networks. Despite Justice Cowdroy indicating that its relevance was peripheral to the case and wouldn&#8217;t but much use when he comes to make his decision, it was allowed.</p>
<p>Dalby said he believed that iiNet had not been involved in the draft and he was personally unfamiliar with it. <a href="http://www.computerworld.com.au/article/325343/afact_v_iinet_draft_esecurity_code_introduced_court">CW</a> reports that he had been quoted on the issue in the media, but Dalby said that it was a regular occurrence for the press to call him to comment on issues he was not yet familiar with, and in this particular case his comments were &#8220;neutral and non-committal”.</p>
<p>In September we <a href="http://torrentfreak.com/anti-piracy-group-objects-to-friend-of-the-court-application-090909/">reported</a> that Australia’s Internet Industry Association (IIA) felt it had something to offer these court proceedings. IIA applied to be amicus curiae, a ‘friend of the court’, but AFACT objected, insisting the group would not be impartial and would favor iiNet.</p>
<p>The decision on whether this will be allowed or not has been <a href="http://www.itnews.com.au/News/159950,day-15-internet-industry-application-deferred-to-next-week.aspx">delayed</a> until next week.</p>
<p>In an indication that AFACT still objects to an IIA appearance, Bannon said that &#8220;&#8230;.there&#8217;s a conceivable possibility they don&#8217;t want to add anything other than to say ‘hear, hear&#8217;,&#8221; apparently to the amusement of the court.</p>
<p>AFACT barristers are scheduled to make their closing statements next Monday afternoon.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<slash:comments>47</slash:comments>
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		<title>AFACT v iiNet: It&#8217;s Impossible to Block The Pirate Bay</title>
		<link>http://torrentfreak.com/afact-v-iinet-its-impossible-to-block-the-pirate-bay-091105/</link>
		<comments>http://torrentfreak.com/afact-v-iinet-its-impossible-to-block-the-pirate-bay-091105/#comments</comments>
		<pubDate>Thu, 05 Nov 2009 08:57:52 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Copyright Issues]]></category>
		<category><![CDATA[Legal Issues]]></category>
		<category><![CDATA[AFACT]]></category>
		<category><![CDATA[iiNet]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18604</guid>
		<description><![CDATA[<p>...&#160; of <strong class="search-excerpt">A</strong>F<strong class="search-excerpt">A</strong>CT – representing sever<strong class="search-excerpt">a</strong>l Hollywood studios – <strong class="search-excerpt">and</strong> <strong class="search-excerpt">A</strong>ussie ISP iiNet (e<strong class="search-excerpt">a</strong>rlier cover<strong class="search-excerpt">a</strong>ge of d<strong class="search-excerpt">a</strong>y one, d<strong class="search-excerpt">a</strong>y <strong class="search-excerpt">two</strong>, d<strong class="search-excerpt">a</strong>y three, d<strong class="search-excerpt">a</strong>y four , d<strong class="search-excerpt">a</strong>y five, d<strong class="search-excerpt">a</strong>y six, d<strong class="search-excerpt">a</strong>y seven, d<strong class="search-excerpt">a</strong>y eight, d<strong class="search-excerpt">a</strong>y nine,&#160;...</p>]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/afact.jpg" alt="AFACT" align="right" />It’s day twelve in the copyright infringement case of AFACT – representing several Hollywood studios – and Aussie ISP iiNet (earlier coverage of <a href="http://torrentfreak.com/afact-v-iinet-the-bittorrent-battle-begins-091006/">day one</a>, <a href="http://torrentfreak.com/afact-v-iinet-bittorrent-piracy-claims-artificially-inflated-091007/">day two</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-3-studios-promoted-bittorrent-091008/">day three</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-4-bittorrent-deals-irrelevant-091009/">day four </a>, <a href="http://torrentfreak.com/afact-v-iinet-day-5-anti-piracy-tech-is-secret-091012/">day five</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-6-ip-address-alone-is-not-enough-091013/">day six</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-7-did-investigators-condone-infringement-091014/">day seven</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-8-anti-piracy-evidence-lacking-091015/">day eight</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-8-afact-attack-iinet-piracy-policy-091102/">day nine</a>, <a href="http://torrentfreak.com/afact-v-iinet-pirates-will-be-cut-off-with-a-court-order-091103/">day ten</a>, <a href="http://torrentfreak.com/afact-v-iinet-half-of-iinet-traffic-is-bittorrent-091104/">day eleven</a>.</p>
<p>The case continued Thursday in the Federal Court, with iiNet CEO Michael Malone taking the stand for the fourth consecutive day, and possibly his last.</p>
<p>Not unusually for a copyright trial involving BitTorrent, the issue of The Pirate Bay was raised. </p>
<p>Yesterday AFACT barrister Tony Bannon incorrectly suggested that iiNet&#8217;s very own BitTorrent tracker&#8217;s functionality had been taken down, later to discover that in fact the court&#8217;s network blocked BitTorrent transfers.</p>
<p>Bannon indicated that he would like to be able to give a courtroom demonstration of The Pirate Bay Thursday, and the judge agreed that it would be possible to lift the block so he could do so.</p>
<p>According to <a href="http://www.itnews.com.au/News/159823,day-14-film-industry-wants-iinet-to-block-pirate-bay-access.aspx">ITNews</a>, Bannon was today true to his word.</p>
<p>After the demo, Bannon enquired of Malone whether iiNet had a desire for its subscribers to be able to access the world&#8217;s largest tracker, &#8220;&#8230;when the only purpose it serves is providing a way to download unauthorized copies of films?&#8221;</p>
<p>This question was met with objection from iiNet barrister Richard Cobden, who argued that customer &#8220;desire&#8221; was irrelevant to the case. The judge, Justice Cowdroy, was also keen to discover the relevance.</p>
<p>Bannon then became the latest in a long line of movie and music industry lawyers to reveal that should his clients win the case, they will take legal action to have not only the world&#8217;s largest tracker blocked from iiNet&#8217;s customers, but other similar sites.</p>
<p>He also revealed that around 50% of the alleged copyright infringements in the case came courtesy of The Pirate Bay.</p>
<p>Then Bannon attempted to show that by allowing its customers to access The Pirate Bay, iiNet effectively sanctioned and authorized their infringing activities.</p>
<p>&#8220;We seek Mr Malone&#8217;s position as to whether or not his customers should have access to sites such as this,&#8221; said Bannon.</p>
<p>However, after legal argument, Bannon withdrew the question.</p>
<p>Malone did, however, concede that iiNet had taken no steps to block The Pirate Bay, but qualified this by indicating that the company didn&#8217;t possess the means to do so. Bannon asked if it was technically possible and Malone replied that he could achieve a primitive block with additional equipment, but even that could be easily circumvented</p>
<p>&#8220;To completely and conclusively block access to The Pirate Bay, I believe it to be beyond our technical capability or of any ISP,” <a href="http://www.computerworld.com.au/article/325157/afact_v_iinet_isp_lacks_technical_capability_block_bittorrent_websites">replied</a> Malone.</p>
<p>Asked by Cobden if iiNet had ever blocked any web sites, Malone said the company had not.</p>
<p>This technical inability led to iiNet pulling out of the Australian government&#8217;s filtering trials, reports ComputerWorld. Malone has been an outspoken critic of the filtering scheme, labeling it &#8220;<a href="http://torrentfreak.com/scheme-delayed-081226/">fundamentally flawed</a>&#8221; and saying his company would only participate in the trials to prove that filtering would fail.</p>
<p>The case continues.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<slash:comments>52</slash:comments>
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		<title>AFACT v iiNet: Half of All iiNet Traffic is BitTorrent</title>
		<link>http://torrentfreak.com/afact-v-iinet-half-of-iinet-traffic-is-bittorrent-091104/</link>
		<comments>http://torrentfreak.com/afact-v-iinet-half-of-iinet-traffic-is-bittorrent-091104/#comments</comments>
		<pubDate>Wed, 04 Nov 2009 12:13:54 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Copyright Issues]]></category>
		<category><![CDATA[Legal Issues]]></category>
		<category><![CDATA[AFACT]]></category>
		<category><![CDATA[iiNet]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18569</guid>
		<description><![CDATA[<p>...&#160; of <strong class="search-excerpt">A</strong>F<strong class="search-excerpt">A</strong>CT – representing sever<strong class="search-excerpt">a</strong>l Hollywood studios – <strong class="search-excerpt">and</strong> <strong class="search-excerpt">A</strong>ussie ISP iiNet (e<strong class="search-excerpt">a</strong>rlier cover<strong class="search-excerpt">a</strong>ge of d<strong class="search-excerpt">a</strong>y one, d<strong class="search-excerpt">a</strong>y <strong class="search-excerpt">two</strong>, d<strong class="search-excerpt">a</strong>y three, d<strong class="search-excerpt">a</strong>y four , d<strong class="search-excerpt">a</strong>y five, d<strong class="search-excerpt">a</strong>y six, d<strong class="search-excerpt">a</strong>y seven, d<strong class="search-excerpt">a</strong>y eight, d<strong class="search-excerpt">a</strong>y nine,&#160;...</p>]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/afact.jpg" alt="AFACT" align="right" />It’s day eleven in the copyright infringement case of AFACT – representing several Hollywood studios – and Aussie ISP iiNet (earlier coverage of <a href="http://torrentfreak.com/afact-v-iinet-the-bittorrent-battle-begins-091006/">day one</a>, <a href="http://torrentfreak.com/afact-v-iinet-bittorrent-piracy-claims-artificially-inflated-091007/">day two</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-3-studios-promoted-bittorrent-091008/">day three</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-4-bittorrent-deals-irrelevant-091009/">day four </a>, <a href="http://torrentfreak.com/afact-v-iinet-day-5-anti-piracy-tech-is-secret-091012/">day five</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-6-ip-address-alone-is-not-enough-091013/">day six</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-7-did-investigators-condone-infringement-091014/">day seven</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-8-anti-piracy-evidence-lacking-091015/">day eight</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-8-afact-attack-iinet-piracy-policy-091102/">day nine</a>, <a href="http://torrentfreak.com/afact-v-iinet-pirates-will-be-cut-off-with-a-court-order-091103/">day ten</a>.</p>
<p>The case continued Wednesday in the Federal Court, with iiNet CEO Michael Malone taking the stand for the third consecutive day.</p>
<p>Again AFACT barrister Tony Bannon tried to portray iiNet as an encourager of copyright infringement on its network, by referring to iiNet marketing where the ISP measures bandwidth in terms of how much music or TV episodes people can download. Malone said the company did this simply to give a customer an easier barometer by which to measure their consumption.</p>
<p>When questioned on the music aspect, Malone said the company referred to legal downloads, such as those from iTunes. Bannon countered by saying this could not be the case, since iiNet did not count downloads from iTunes towards a customer&#8217;s bandwidth quota.</p>
<p>According to <a href="http://www.itwire.com/content/view/29061/53/">iTWire</a>, a welcome email from iiNet to new customers ended with, &#8220;Thanks for choosing iiNet. Happy downloading.&#8221;</p>
<p>By drawing attention to the above ponts, AFACT hopes to show that iiNet encouraged infringements, thereby losing its safe habor protection as a carrier.</p>
<p>CW <a href="http://www.computerworld.com.au/article/324971/afact_v_iinet_malone_would_prefer_illegal_downloaders_go_elsewhere">reports</a> that AFACT presented press articles regarding the levels of BitTorrent transfers on the Internet, in the context of actions taken by ISPs in order to limit P2P traffic.</p>
<p>In one article, Malone had said that BitTorrent transfers accounted for around 50% of all Internet traffic and admitted in court that BitTorrent had been used on iiNet&#8217;s network since it became available. He went on to agree that while much of this traffic involved the transfer of movies and TV shows, he didn&#8217;t feel that &#8220;..every young person in Australia is downloading illegally using BitTorrent.&#8221;</p>
<p>One exchange apparently raised a laugh in the courtroom when Bannon accused Malone of attracting heavy-usage customers in order to boost iiNet profits.</p>
<p>&#8220;I would prefer [those customers] go to someone else and let someone else be sued,&#8221; <a href="http://www.itnews.com.au/News/159742,day-13-iinet-ceo-says-bittorrent-dominates-traffic.aspx">said</a> Malone.</p>
<p>&#8220;And you&#8217;re happy to take their money in the meantime?&#8221; Bannon asked.</p>
<p>&#8220;Yes,&#8221; he replied.</p>
<p>Yet again, Bannon raised the issue of iiNet&#8217;s failure to forward AFACT copyright infringement allegations to its customers. However, an email presented from the Internet Industry Association&#8217;s Peter Coroneos, indicated that he was concerned that doing so could lead to an assumption that ISPs are responsible for the actions of their customers.</p>
<p>In the email exchange with Malone, Coroneos said it would be preferable and advantageous for all involved if the content owners could provide some legal alternatives.</p>
<p>After Bannon showed the court documentation showing policies in place at rival ISPs to deal with allegations of copyright infringement, Malone again confirmed that iiNet has no formal policy on how to deal with these type of allegations, noting that the company had yet to be presented with evidence of what he described as a &#8220;repeat infringer&#8221;.</p>
<p>Earlier in the case, Malone had defined a repeat infringer as one who had been proven as such by a court, but Bannon mocked Malone, asking if the iiNet CEO had just heard what he&#8217;d said and would he like to think about the question again for a moment.</p>
<p>Malone said he didn&#8217;t and Bannon <a href="http://www.smartcompany.com.au/legal/20091104-judge-questions-film-industry-evidence-in-iinet-case.html">accused him</a> of treating the proceedings as a game.</p>
<p>The case continues tomorrow.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<slash:comments>45</slash:comments>
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		<title>Fresh Pirate Bay Purchase Attempt By Four Potential Buyers</title>
		<link>http://torrentfreak.com/r-potential-buyers-091028/</link>
		<comments>http://torrentfreak.com/r-potential-buyers-091028/#comments</comments>
		<pubDate>Wed, 28 Oct 2009 08:24:30 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Hot Off The Press]]></category>
		<category><![CDATA[P2P and Filesharing]]></category>
		<category><![CDATA[reservella]]></category>
		<category><![CDATA[the pirate bay]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18348</guid>
		<description><![CDATA[<p>E<strong class="search-excerpt">a</strong>rlier this ye<strong class="search-excerpt">a</strong>r, the sh<strong class="search-excerpt">a</strong>reholders of Glob<strong class="search-excerpt">a</strong>l G<strong class="search-excerpt">a</strong>ming F<strong class="search-excerpt">a</strong>ctory <strong class="search-excerpt">a</strong>greed to <strong class="search-excerpt">a</strong>cquire the&#160;...&#160; to be p<strong class="search-excerpt">a</strong>id in sh<strong class="search-excerpt">a</strong>res.

<strong class="search-excerpt">A</strong>s <strong class="search-excerpt">a</strong>nonymous investors pulled out <strong class="search-excerpt">and</strong> promises from the sh<strong class="search-excerpt">a</strong>reholders th<strong class="search-excerpt">a</strong>t they would come up with the funds&#160;...&#160; holding comp<strong class="search-excerpt">a</strong>ny th<strong class="search-excerpt">a</strong>t <strong class="search-excerpt">a</strong>cquired The Pir<strong class="search-excerpt">a</strong>te B<strong class="search-excerpt">a</strong>y <strong class="search-excerpt">two</strong> ye<strong class="search-excerpt">a</strong>rs <strong class="search-excerpt">a</strong>go.

But for those missing the optimistic press rele<strong class="search-excerpt">a</strong>ses, bold&#160;...</p>]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com//images/tpb.jpg" align="right" alt="pirate bay" />Earlier this year, the shareholders of Global Gaming Factory agreed to acquire the world’s largest BitTorrent tracker. All the company had to do was come up with $7.8m (SEK 60 million), half of which to be paid in shares.</p>
<p>As anonymous investors pulled out and promises from the shareholders that they would come up with the funds themselves came to nothing, the deadline for the sale passed and the site stayed in the hands of Reservella, the Seychelles-based holding company that acquired The Pirate Bay two years ago.</p>
<p>But for those missing the optimistic press releases, bold statements and dramas of the attempted purchase by GGF, today brings good news.</p>
<p>According to a report, Reservella &#8211; with a helping hand from ex-Pirate Bay spokesman Peter Sunde &#8211; are in fresh talks with four potential buyers.</p>
<p>While the identities of two of the parties remains unknown, hints have been dropped about the other pair.</p>
<p>The first, GamersGate, is a Swedish company specializing in online computer games. Its CEO Theodore Bergquist, however, is playing his cards close to his chest. </p>
<p>&#8220;We are looking at many potential deals,&#8221; Bergquist told <a href="http://di.se/Avdelningar/Artikel.aspx?ArticleID=2009%5C10%5C28%5C359056">Di</a>.  &#8220;All I can say is that The Pirate Bay is an interesting brand loaded with great potential for those who deal with it properly.&#8221;</p>
<p>Holding a B.A. degree from Stockholm University, Bergquist joined Paradox Entertainment in May 2001 as CEO and was responsible for overall strategy, financial performance and growth initiatives. In 2004 he acquired the Interactive division of Paradox Entertainment and in April 2006 he became CEO of GamersGate, which was initially Paradox&#8217;s digital distribution portal. </p>
<p>Bergquist reported earlier this year that GamersGate had achieved 100% growth in business during 2008, both in terms of revenue and in the amount of new customers and titles on the site. The company is aiming at achieving up to 200% more during 2009. Owning The Pirate Bay&#8217;s domain would certainly help them achieve that.</p>
<p>The second potential buyer is a rather more familiar name &#8211; the utterly resilient Hans Pandeya.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<slash:comments>78</slash:comments>
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		<title>Anti-Piracy Outfit Forces Scene Group To Apologize</title>
		<link>http://torrentfreak.com/anti-piracy-outfit-forces-scene-group-to-apologize-091005/</link>
		<comments>http://torrentfreak.com/anti-piracy-outfit-forces-scene-group-to-apologize-091005/#comments</comments>
		<pubDate>Mon, 05 Oct 2009 11:37:52 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Anti-Piracy Gangs]]></category>
		<category><![CDATA[Copyright Issues]]></category>
		<category><![CDATA[Antipiratbyran]]></category>
		<category><![CDATA[Svenne-Redcross]]></category>
		<category><![CDATA[the-scene]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=17693</guid>
		<description><![CDATA[<p>...&#160; of much of the pir<strong class="search-excerpt">a</strong>te content <strong class="search-excerpt">a</strong>ppe<strong class="search-excerpt">a</strong>ring on file-sh<strong class="search-excerpt">a</strong>ring ne<strong class="search-excerpt">two</strong>rks tod<strong class="search-excerpt">a</strong>y, <strong class="search-excerpt">and</strong> h<strong class="search-excerpt">a</strong>ve previously been t<strong class="search-excerpt">a</strong>rgeted in m<strong class="search-excerpt">a</strong>ny <strong class="search-excerpt">a</strong>nti-pir<strong class="search-excerpt">a</strong>cy oper<strong class="search-excerpt">a</strong>tions, including the&#160;...</p>]]></description>
			<content:encoded><![CDATA[<p>Regular TorrentFreak readers will be only too aware of so-called &#8216;Scene&#8217; groups. These ultra-secretive collections of individuals are known for being the <a href="http://torrentfreak.com/interview-with-a-warez-scene-releaser/">first providers</a> of much of the pirate content appearing on file-sharing networks today, and have previously been targeted in many anti-piracy operations, including the high profile <a href="http://en.wikipedia.org/wiki/Operation_Fastlink">Operation Fastlink</a> and <a href="http://en.wikipedia.org/wiki/Operation_Buccaneer">Operation Buccaneer</a>.</p>
<p>Svenne-Redcross is a movie release group who have been active for nearly ten years, a long time to remain undetected and uninfiltrated. Their first serious release was a DVDRip (converted to SVCD) of &#8216;Richard Gere&#8217;s Dr T and the Women&#8217; in December 2000. Its last appears to be Swedish movie &#8216;Johan Falk &#8211; GSI &#8216; released just over two weeks ago.</p>
<p>But, as they say, all good things come to an end.</p>
<p>Scene release groups use NFOs, which are small text files commonly used to provide information about pirate releases. The NFO&#8217;s can also be used as a so-called &#8216;Scene Notice&#8217;, a type of message which can be passed around Scene groups to inform them of important information &#8211; even if half the time they are simply used to flame other groups or individuals.</p>
<p>This weekend Svenne released an NFO/Scene notice themselves, but the content was highly unusual, even if it started off with bad, if unremarkable news;</p>
<p>&#8220;After ten years on the Scene we&#8217;re stepping down and leaving it forever,&#8221; the group wrote. &#8220;We have been exposed by the Swedish Antipiracy Bureau whom have identified all of our members and sites.&#8221;</p>
<p>The Swedish Antipiracy Bureau &#8211; Antipiratbyrån (APB) &#8211; is home to the infamous Henrik Pontén who has taken many actions against pirates, including a raid earlier this year against a large <a href="http://torrentfreak.com/large-pirate-topsite-raided-in-sweden-090306/">Swedish topsite</a>.</p>
<p>At the time Pontén said that APB had managed to identify the people running the server and noted that it was now up to the police to investigate. But strangely, even though APB appear to know a lot about Svenne, it seems that the police won&#8217;t be getting involved.</p>
<p>&#8220;The good thing is that we have had the possibility to make a settlement. Our activity is immediately ceased,&#8221; Svenne announced.</p>
<p>Why APB have offered Svenne a deal is unclear, and there is currently little public knowledge of its nature or the terms imposed. However, what is clear is that APB required Svenne to do some public grovelling &#8211; it&#8217;s hard to imagine that they would make this kind of statement voluntarily, especially since just 2 weeks ago they said how proud they were of their achievements;</p>
<p>&#8220;We apologies to all Swedish and foreign movie producers for the damage we have caused,&#8221; wrote the group. But they didn&#8217;t stop there &#8211; APB also required some valuable FUD to be spread, to scare others in The Scene;</p>
<p>&#8220;Those of you who are still involved in the Scene &#8211; close down. None of you are safe out there,&#8221; warns Svenne in their apparent neck-saving statement.</p>
<p>Of course, while this announcement seems designed to spread fear, the threat may not be entirely hollow. Svenne has connections to lots of other groups, so the strong possibility remains that some of those could be compromised too.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<title>Pirate Bay Buyer Kicked Off Stock Exchange</title>
		<link>http://torrentfreak.com/pirate-bay-buyer-kicked-off-stock-exchange-090909/</link>
		<comments>http://torrentfreak.com/pirate-bay-buyer-kicked-off-stock-exchange-090909/#comments</comments>
		<pubDate>Wed, 09 Sep 2009 17:40:19 +0000</pubDate>
		<dc:creator>Ernesto</dc:creator>
				<category><![CDATA[Hot Off The Press]]></category>
		<category><![CDATA[GGF]]></category>
		<category><![CDATA[the pirate bay]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=16981</guid>
		<description><![CDATA[<p>...&#160; Glob<strong class="search-excerpt">a</strong>l G<strong class="search-excerpt">a</strong>ming F<strong class="search-excerpt">a</strong>ctory (GGF) h<strong class="search-excerpt">a</strong>s been surrounded by doubts <strong class="search-excerpt">and</strong> controversy.

Those uncert<strong class="search-excerpt">a</strong>inties seemed to f<strong class="search-excerpt">a</strong>de <strong class="search-excerpt">a</strong> little recently when the comp<strong class="search-excerpt">a</strong>ny's sh<strong class="search-excerpt">a</strong>reholders <strong class="search-excerpt">a</strong>greed on the de<strong class="search-excerpt">a</strong>l <strong class="search-excerpt">two</strong> weeks <strong class="search-excerpt">a</strong>go. However, some of the sh<strong class="search-excerpt">a</strong>reholders decided to p<strong class="search-excerpt">a</strong>y the money&#160;...</p>]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com//images/tpb.jpg" align="right" alt="tpb" />From the moment it was announced, the Pirate Bay acquisition by Global Gaming Factory (GGF) has been surrounded by doubts and controversy.</p>
<p>Those uncertainties seemed to fade a little recently when the company&#8217;s shareholders <a href="http://torrentfreak.com/ggf-shareholders-push-through-pirate-bay-acquisition-090827/">agreed</a> on the deal two weeks ago. However, some of the shareholders decided to pay the money needed to make the sale from their own pockets after several investors <a href="http://torrentfreak.com/pirate-bay-buyer-loses-several-investors-090827/">walked away</a>, and thus far nothing has been paid. </p>
<p>Because the company failed to provide evidence that the funds were in place, trading in GGF stock was stopped by equity marketplace &#8216;Aktietorget&#8217; in August, which caused a problem with the acquisition since half of the payment for The Pirate Bay is set to be made in shares.</p>
<p>GGF CEO Hans Pandeya said at the time he was confident that trading would resume soon since it was all one big misunderstanding. However, today news broke indicating it won&#8217;t resume, as Aktietorget has decided to kick GGF off the Swedish stock market.</p>
<p>&#8220;The alleged infringements have been serious. They give a systematic impression of a lack of accountability and of an almost casual and unsuspecting approach to the disclosure requirements,&#8221; AktieTorget commented on their decision to remove the company from the stock exchange.</p>
<p>&#8220;The Aktietorget board regrets that the company has misled the market through its lack of disclosure, which prompted a number of investors to do business they probably would not have done if they were properly informed,&#8221; they add.</p>
<p>Without shares to trade the company suddenly has to raise twice as much money, which seems to be an impossible task without any outside investors and with the company&#8217;s CEO in personal financial <a href="http://torrentfreak.com/tip-off-sees-bayliffs-sail-off-in-pirate-bay-buyers-boat-090908/">trouble</a>. All this makes the sale of The Pirate Bay yet more uncertain.</p>
<p>GGF CEO Hans Pandeya was not available for comment and representatives of The Pirate Bay could not be reached. If we receive a response from either of them we will update the article accordingly.</p>
<p><strong>Update:</strong> Pandeya responded to the news and says the deal is still on.</p>
<p>&#8220;GGFs managed to get enough investors to pay the entire amount in cash, i.e. 60m Swedish kroner and the seller faxed confirmation of acceptance to Aktietorget. We even had a clause that if investors dropped out, I would put the balance and if I could not, I have pledged my GGF shares as security. The transaction is guaranteed, It cannot be stopped,&#8221; Pandeya explained. </p>
<p>&#8220;I liked the stunt with the MC, car and boat. Gives the impression I am broke. Well, I provided security worth three times the amount to the debt agency &#8211; and they agreed. However, they were keen to take the stuff that makes spectacular pics to entertaining stories and stole my boat after our agreement,&#8221; he added.</p>
<p>&#8220;we will be closing the deal within the next two weeks,&#8221; Pandeya concluded.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<title>Spectrial 2: Pirate Bay Appeal Scheduled for November</title>
		<link>http://torrentfreak.com/pirate-bay-appeal-scheduled-for-november-090903/</link>
		<comments>http://torrentfreak.com/pirate-bay-appeal-scheduled-for-november-090903/#comments</comments>
		<pubDate>Thu, 03 Sep 2009 17:49:57 +0000</pubDate>
		<dc:creator>Ernesto</dc:creator>
				<category><![CDATA[Hot Off The Press]]></category>
		<category><![CDATA[pirate bay trial]]></category>
		<category><![CDATA[pirate-bay]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=16803</guid>
		<description><![CDATA[<p>...&#160; decide th<strong class="search-excerpt">a</strong>t oper<strong class="search-excerpt">a</strong>ting <strong class="search-excerpt">a</strong> BitTorrent tr<strong class="search-excerpt">a</strong>cker is no offense, <strong class="search-excerpt">and</strong> indeed the ten d<strong class="search-excerpt">a</strong>y tri<strong class="search-excerpt">a</strong>l st<strong class="search-excerpt">a</strong>rted off with <strong class="search-excerpt">a</strong> sm<strong class="search-excerpt">a</strong>ll victory for the defend<strong class="search-excerpt">a</strong>nts.

On d<strong class="search-excerpt">a</strong>y <strong class="search-excerpt">two</strong> of the tri<strong class="search-excerpt">a</strong>l the prosecutor <strong class="search-excerpt">a</strong>nnounced th<strong class="search-excerpt">a</strong>t <strong class="search-excerpt">half</strong> of the ch<strong class="search-excerpt">a</strong>rges <strong class="search-excerpt">a</strong>g<strong class="search-excerpt">a</strong>inst the&#160;...</p>]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com//images/tpb.jpg" align="right" alt="pirate bay" />Millions of BitTorrent users all around the world followed the Pirate Bay trial with great interest this February. Many had hoped that the Court would decide that operating a BitTorrent tracker is no offense, and indeed the ten day trial started off with a small victory for the defendants.</p>
<p>On day two of the trial the prosecutor announced that half of the charges against the four defendants had been dropped. The prosecutor couldn’t prove that the .torrent files that were submitted as evidence actually used The Pirate Bay’s tracker, and he had to let go of all charges that accused the Pirate Bay folks of ‘assisting copyright infringement’.</p>
<p>What remained is the claim that they were ‘assisting in making copyright content available’. The prosecution argued that this was indeed the case and brought in screenshots of websites and torrent files in as evidence, and the judge agreed with this assessment.</p>
<p>On April 17th all four defendants were <a href="http://torrentfreak.com/the-pirate-bay-trial-the-verdict-090417/">found guilty</a> and sentenced to one year in prison and a fine of $905,000 to cover the entertainment industry&#8217;s damages. Despite this verdict The Pirate Bay continued to operate while the defense filed for an appeal. </p>
<p>For a while it looked like there could even be a retrial instead of an appeal, since judge Tomas Norström was involved with pro-copyright lobby groups and never declared these activities before he took on the case. The Appeal Court investigated the bias issue and <a href="http://torrentfreak.com/pirate-bay-judge-not-biased-no-retrial-090625/">ruled</a> that the judge&#8217;s ties to these groups did not influence his judgment.</p>
<p>Instead of a retrial there will be an appeal, and the Court <a href="http://www.dn.se/kultur-noje/nyheter/the-pirate-bay-till-hovratten-i-november-1.943161">announced</a> this week that it has two weeks set aside for the case starting November 9. The defense team is not happy with the dates, and Peter Sunde &#8211; one of the defendants &#8211; told TorrentFreak that the defense team will try to get the appeal date postponed because several of the people involved have other obligations.</p>
<p>The appeal will be handled by judge Ulrika Ihrfelt who was previously removed from the bias investigation of Pirate Bay judge Tomas Norström, because she was linked to pro-copyright groups herself. Nevertheless, handling the appeal doesn&#8217;t seem to be a problem. This is guaranteed to cause some controversy in the months to come. </p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
]]></content:encoded>
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		<title>Independent Film Company Responds To BERR Consultation</title>
		<link>http://torrentfreak.com/independent-film-company-responds-to-berr-consultation-090827/</link>
		<comments>http://torrentfreak.com/independent-film-company-responds-to-berr-consultation-090827/#comments</comments>
		<pubDate>Thu, 27 Aug 2009 08:53:04 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Copyright Issues]]></category>
		<category><![CDATA[Hot Off The Press]]></category>
		<category><![CDATA[P2P and Filesharing]]></category>
		<category><![CDATA[BERR]]></category>
		<category><![CDATA[Digital Britain]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=16605</guid>
		<description><![CDATA[<p>...&#160; Medi<strong class="search-excerpt">a</strong> is <strong class="search-excerpt">a</strong>n independent film comp<strong class="search-excerpt">a</strong>ny from M<strong class="search-excerpt">a</strong>nchester, Engl<strong class="search-excerpt">and</strong>. They produce films, shorts <strong class="search-excerpt">and</strong> other medi<strong class="search-excerpt">a</strong>. They <strong class="search-excerpt">a</strong>lso <strong class="search-excerpt">a</strong>ssist others in the&#160;...&#160; in <strong class="search-excerpt">a</strong> m<strong class="search-excerpt">a</strong>nner not unf<strong class="search-excerpt">a</strong>mili<strong class="search-excerpt">a</strong>r with sinister glob<strong class="search-excerpt">a</strong>l crimin<strong class="search-excerpt">a</strong>l ne<strong class="search-excerpt">two</strong>rks.  

It is the remit of democr<strong class="search-excerpt">a</strong>tic<strong class="search-excerpt">a</strong>lly elected Govern<strong class="search-excerpt">men</strong>t to protect&#160;...</p>]]></description>
			<content:encoded><![CDATA[<p>Monaghan Media is an independent film company from Manchester, England. They produce films, shorts and other media. They also assist others in the industry by developing ideas and offering production advice and are currently providing graphics for our very own TorrentFreak TV.</p>
<p>James Monaghan from the company has recently taken part in the BERR consultation on file-sharing so has been watching this week&#8217;s <a href="http://torrentfreak.com/uk-pirates-face-disconnection-isps-object-090826/">developments</a> closely. The government has set a deadline for responses to its plans (which include disconnecting alleged file-sharers from the Internet) of 29th September and, like many others, James has responded to the new statement by sending his thoughts in to the consultation. His feelings will resonate with many TorrentFreak readers. Here they are in full;</p>
<p><strong>Monaghan Media Response To Latest BERR Statement</strong></p>
<p>There are an estimated 7 million file-sharers (your figures) in the UK, and you want to reduce that number by 70%.  70% is 4.9 million. A fair trial is fundamental to democracy.  To fairly prosecute 4.9 million citizens is an optimistic suggestion when currently Her Majesty’s Court System holds 200,000 criminal cases per year.  This would suggest it is going to take 25 years to reduce file-sharing by 70%.  This is only dealing with the 70% of today’s file-sharing with no regard to the expected increase of file-sharing.  Research suggests that the number of file-sharers increases every day, 63% of people aged 14-24 now admit file-sharing, with 83% of those file-sharing every day.</p>
<p>To prosecute 4.9million people you will also need evidence.  No evidence exists.  Anywhere.</p>
<p>The ‘evidence’ championed by the failing sector of the media industry – the physical distribution sector – has been proven time and time again to be incredibly flawed.  I refer here to the elderly couple who the copyright industry began legal proceedings against for downloading hardcore gay nazi pornographic film ‘Army Fuckers’ (<a href="http://www.guardian.co.uk/money/2008/nov/28/internet-porn-bill-mistake">1</a>) among others.  I also refer to the law firm <a href="http://www.bbc.co.uk/blogs/watchdog/2008/12/davenport_lyons_threatening_le.html">Davenport-Lyons</a>, who sent out 15,000 letters telling people to pay a small ‘fine’ (usually about £600) and they’d make a lawsuit against them (for file-sharing) go away.  This is what is known as ‘extortion’.</p>
<p>Luckily for the consumers, and all of those of us who enjoy freedom from criminals, Davenport-Lyons were quickly picked up by BBC’s Watchdog program, and promptly disappeared.</p>
<p>I note though, that in today’s (25th August 2009) response, you don’t mention a fair trial.  In fact you don’t mention any opportunity for those accused with this flawed and faulty evidence to defend themselves.  Which rather gives the impression that there will be no opportunity for the accused to defend themselves.  What you do say is this:</p>
<p>“…the previous proposals, whilst robust, would take an unacceptable amount of time to complete in a situation that calls for urgent action…”</p>
<p>So what you’ve stated, is that it is impossible for your draconian anti-file-sharing measures to be implemented fairly.  Which is correct.  What this means, is that this route of anti-file-sharing legislation, the ‘criminalise-7-million-of-your-citizens’ route is wholly unfeasible, impossible to implement without massive cost to the tax-payer, and impossible to implement without massive damage to the progress of the UK’s creative industries.  What this does not mean is that instead of fair trials and the assumption that the accused are innocent until proven guilty, everyone should be presumed guilty until they are proven innocent.  This is perverse as the accused would not then have the opportunity to be proven innocent.</p>
<p>In my previous contribution to this consultation, I briefly touched upon the fact that the industry has never been able to show any loss, financial or otherwise, has been caused by file-sharing.  I’ve gone into a little more detail here, which shows, with numbers, evidence, and references, (rather than the usual hearsay provided by the industry) to show that there isn’t a financial loss to any of the most downloaded films this year (so far).</p>
<p>You’ll note that all of the top ten most downloaded films so far this year (<a href="http://www.guardian.co.uk/technology/2009/aug/25/file-sharing-internet">3</a>) are all incredible commercial successes, each making hundreds of millions of pounds.  Watchmen, the most downloaded film with 16.9 million illegal downloads, still made $185,248,060.  How can anyone argue that file-sharing has caused it a financial loss?  Benjamin Button was the second most downloaded film so far, being downloaded 13.1 million times illegally.  It made $332,860,689.  A financial loss?  I think not.</p>
<p>What we are seeing here, is the end of one type of business: the physical distribution of digital products.  We are in a world where DVDs are old technology, in less than ten years Blu-ray disks will go the same way as LPs, as tape cassettes, as VHS tapes, and as DVDs.  The internet however, has outlived the DVD.  And it will outlive the Blu-ray disk.  And it will outlive whatever format ‘succeeds’ the Blu-ray disk.  The internet is here to stay.  What we are seeing in the Creative Industry is a very small sector (distribution), which makes massive money from a system which is made redundant by the internet.</p>
<p>It is not the responsibility of the government, of the ISPs to prop up a failing business.  If a business is failing, it is the responsibility of that business to look at itself, at its actions and rethink its operations in order to save itself.</p>
<p>It is wholly unfeasible to enforce any rule against filesharers, and impossible, literally impossible to enforce according to law.</p>
<p>I reiterate the statement I made in my first contribution to this consultation, the majority of my audiences watch my films over the BitTorrent system, a system so revolutionarily brilliant that it means I, an independent film-maker, can distribute a film in full High Definition to hundreds of millions of viewers with absolutely no cost incurred to me, where normally global film distribution costs several tens of millions of pounds.  I think it is acceptable to say then, that my company and I are at the forefront of the industry. </p>
<p>As someone who uses file-sharing systems, not only to gain access to media which I never could&#8217;ve before, but also to distribute my own contributions to the UK&#8217;s Creative Industry, I am utterly shocked and appalled by the lengths to which your government will go to make my audiences, my peers and myself criminals.</p>
<p>This is not the end of the creative industry.  I can say this with great confidence, as someone working in the industry.  The industry is currently undergoing a change, a natural change, a change that it must undergo.  Although this is not the end of the creative industry, it is the end of a disgusting sector of the industry which has been a parasite on the industry for the past half-century, milking it for as much money as it can, promoting false inflation of the rest of the industry only to increase its own profits.</p>
<p>The criminals here are not the teenagers downloading films and music, but the global corporations that extort money from artists and consumers alike, and who operate in a manner not unfamiliar with sinister global criminal networks.  </p>
<p>It is the remit of democratically elected Government to protect the citizens, film-makers, and business-owners from the failing business model which threatens freedom, civil liberty, and creative business’ economic future. </p>
<p>Finally, I take this quote from your statement today:</p>
<p>“…As ever we would need to ensure any such measure fully complied with both UK and EU legislation…”</p>
<p>Disconnecting people from the internet does not fully comply with EU legislation.  In fact it directly contravenes EU legislation.  I am referring to amendment 138/46 which was adopted on the 6th May 2009 in response to French attempts to implement a system almost exactly the same as the one proposed here.  A system which was declared unconstitutional by the French High Court.  You will be aware that amendment 138/46 declared that access to the internet was a fundamental human right.</p>
<p>Not only do your proposals directly contravene European Law, but the certainty of wrongful sanctions being taken against citizens opens the government up to legal action.  The fact that cutting off an entire household’s internet punishes everyone in that household and not just the ‘accused file-sharer’ is near-certain to breach the government’s ‘Every Child Matters’ directive where children are punished for others’ actions.  The probability of cutting off the internet of those who need the internet to survive, the long-term sick, for example, or the disabled, further opens up the government to attack.</p>
<p>Is this the route that my government wants to pursue?  Or should the government perhaps listen to its’ citizens’ outrage and stop neglecting them in favour of the power and massive wealth offered by the global corporations who’s only motivation is furthering said power and wealth?</p>
<p>Yours faithfully,<br />
James Monaghan</p>
<p><a href="http://monaghan-productions.com/default.aspx">Monaghan Media</a></p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
]]></content:encoded>
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		<title>Pirate Bay Acquisition Hits Iceberg In Stormy Weather</title>
		<link>http://torrentfreak.com/pirate-bay-acquisition-hits-iceberg-in-stormy-weather-090821/</link>
		<comments>http://torrentfreak.com/pirate-bay-acquisition-hits-iceberg-in-stormy-weather-090821/#comments</comments>
		<pubDate>Fri, 21 Aug 2009 14:16:41 +0000</pubDate>
		<dc:creator>Ernesto</dc:creator>
				<category><![CDATA[Hot Off The Press]]></category>
		<category><![CDATA[Torrent Sites]]></category>
		<category><![CDATA[GGF]]></category>
		<category><![CDATA[peerialism]]></category>
		<category><![CDATA[the pirate bay]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=16384</guid>
		<description><![CDATA[<p>...&#160; credenti<strong class="search-excerpt">a</strong>ls of H<strong class="search-excerpt">a</strong>ns P<strong class="search-excerpt">and</strong>ey<strong class="search-excerpt">a</strong>, the current CEO of GGF, h<strong class="search-excerpt">a</strong>ve <strong class="search-excerpt">a</strong>lre<strong class="search-excerpt">a</strong>dy been c<strong class="search-excerpt">a</strong>lled into&#160;...&#160; <strong class="search-excerpt">and</strong> w<strong class="search-excerpt">a</strong>s promised <strong class="search-excerpt">half</strong> of the money upfront.

"Th<strong class="search-excerpt">a</strong>t w<strong class="search-excerpt">a</strong>s <strong class="search-excerpt">two</strong> months <strong class="search-excerpt">a</strong>go but he h<strong class="search-excerpt">a</strong>sn't p<strong class="search-excerpt">a</strong>id <strong class="search-excerpt">a</strong>nything," Ljungberg s<strong class="search-excerpt">a</strong>id. "We h<strong class="search-excerpt">a</strong>ve his&#160;...</p>]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/iceberr.jpg" align="right" alt="iceberg" />The credentials of Hans Pandeya, the current CEO of GGF, have already been <a href="http://torrentfreak.com/pirate-bay-sale-dead-in-the-water-090728/">called into doubt</a> by Wayne Rosso, but in the past 24 hours the situation has worsened significantly, making the chances of a successful acquisition more uncertain than ever before.</p>
<p>Earlier today reports surfaced in which it became clear that Johan Sellstrom, former director and board member of GGF, is owed hundreds of thousands of dollars by Pandeya. As a result, trading in GGF&#8217;s stock was <a href="http://translate.google.com/translate?hl=en&#038;sl=sv&#038;tl=en&#038;u=http%3A%2F%2Fwww.svd.se%2Fnyheter%2Finrikes%2Fartikel_3391073.svd">stopped</a> immediately by equity marketplace Aktietorget.</p>
<p>Sellstrom told TorrentFreak that Pandeya used $200,000 of his money to buy GGF shares in 2006 and 2007, but has yet so see any of the money back. &#8220;I want that cash back,&#8221; Sellstrom said, adding that Pandeya owes him another $650,000 privately.</p>
<p>Sellstrom has only recently left GGF, and he cites the company&#8217;s future plans for The Pirate Bay as one of the main reasons. &#8220;I did not believe in the strategy,&#8221; he told TorrentFreak. On top of that Sellstrom says that Pandeya refused to share economic reports with him.</p>
<p>In addition to the troubles surrounding Sellstrom&#8217;s loan, one its technology partners, Peerialism, is also waiting for money from GGF. Peerialism is supposed to provide the new Pirate Bay with a unique technology that would allow users to share more efficiently.</p>
<p>But Johan Ljungberg, CEO of Peerialism, told <a href="http://news.cnet.com/8301-1023_3-10314557-93.html">CNET News</a> that Pandeya is not keeping his promises. Peerialism has been hired to start working on the new technology for the site, and was promised half of the money upfront.</p>
<p>&#8220;That was two months ago but he hasn&#8217;t paid anything,&#8221; Ljungberg said. &#8220;We have his signature on the contract, but he hasn&#8217;t paid and we haven&#8217;t done the work.&#8221; </p>
<p>Besides failing to pay the people that were supposed to provide the new Pirate Bay with key technology, Ljungberg said that Pandeya also failed to inform Peerialism about the company&#8217;s future plans and financial position.</p>
<p>&#8220;From the beginning we asked to see a business plan, the names of his investors, or to see some (technical specifications),&#8221; Ljungberg said. &#8220;We still haven&#8217;t heard a thing&#8230;the question marks are growing bigger by the day. We&#8217;re not quite comfortable with the situation. We had really high hopes and ambitions for our technology but I&#8217;m not sure if this is the right home for it.&#8221;</p>
<p>The doubts and uncertainties pointed out by former GGF director Sellstrom and Peerialism&#8217;s Ljungberg don&#8217;t do the image of GGF much good, and the shareholders and potential entertainment industry partners may become skeptical too.</p>
<p>Aside from the lack of payments described earlier, the equity marketplace Aktietorget is also uncertain that GGF actually has the funding in place to make the Pirate Bay acquisition</p>
<p>Aktietorget says it has no evidence of any funding apart from a press release by GGF. They wanted to know more so they summoned Pandeya, who got someone on a phone saying he is with an investment bank. The man claimed that the funding is indeed in place, however, trading will be halted until they get written confirmation as well as the identity of the investors.</p>
<p>These recent developments will certainly raise some eyebrows with the shareholders. A smooth acquisition of the Pirate Bay seems to be nearly impossible. Despite all the allegations, Pandeya remains confident and told TorrentFreak: &#8220;Some people&#8217;s attempts to damage the deal have escalated, but it is too late to stop the acquisition.&#8221;</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<slash:comments>83</slash:comments>
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		<title>Demonoid BitTorrent Tracker Blocked for Russians</title>
		<link>http://torrentfreak.com/demonoid-bittorrent-tracker-blocked-for-russians-090818/</link>
		<comments>http://torrentfreak.com/demonoid-bittorrent-tracker-blocked-for-russians-090818/#comments</comments>
		<pubDate>Tue, 18 Aug 2009 10:32:10 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Hot Off The Press]]></category>
		<category><![CDATA[Torrent Sites]]></category>
		<category><![CDATA[ColoCall]]></category>
		<category><![CDATA[demonoid]]></category>
		<category><![CDATA[russia]]></category>
		<category><![CDATA[Ukraine]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=16281</guid>
		<description><![CDATA[<p>...&#160; in neighboring Ukr<strong class="search-excerpt">a</strong>ine, <strong class="search-excerpt">a</strong>lthough rel<strong class="search-excerpt">a</strong>tions between the <strong class="search-excerpt">two</strong> countries <strong class="search-excerpt">a</strong>ren't ex<strong class="search-excerpt">a</strong>ctly neighborly <strong class="search-excerpt">a</strong>t the mo<strong class="search-excerpt">men</strong>t.

In the p<strong class="search-excerpt">a</strong>st 24 hours,&#160;...&#160; site. <strong class="search-excerpt">A</strong>fter checking with some of our own Russi<strong class="search-excerpt">a</strong>n cont<strong class="search-excerpt">a</strong>cts <strong class="search-excerpt">and</strong> testing vi<strong class="search-excerpt">a</strong> <strong class="search-excerpt">a</strong> server loc<strong class="search-excerpt">a</strong>ted in St Petersburg, we <strong class="search-excerpt">a</strong>re <strong class="search-excerpt">a</strong>ble to confirm th<strong class="search-excerpt">a</strong>t&#160;...</p>]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/demonoid.jpg" align="right" alt="demonoid" />Demonoid, one of the biggest torrent sites around today, is hosted to the west of Russia in neighboring Ukraine, although <a href="http://www.upi.com/Top_News/2009/08/11/Ukrainian-Russian-relations-deteriorate/UPI-61111250005236/">relations</a> between the two countries aren&#8217;t exactly neighborly at the moment.</p>
<p>In the past 24 hours, TorrentFreak received a flurry of reports that users of Demonoid in Russia could no longer access the site. After checking with some of our own Russian contacts and testing via a server located in St Petersburg, we are able to confirm that at least so far, accessing Demonoid is impossible from Russia. Reports suggest the problem started a day ago.</p>
<p>Traceroutes carried out from several locations across the country to Demonoid&#8217;s IP at 62.149.24.66 show that they are all terminating at <a href="http://www.colocall.net">ColoCall</a>, the biggest data center in Ukraine &#8211; just one step away from Demonoid&#8217;s servers.</p>
<p>TorrentFreak&#8217;s tests from both European and Russian IP addresses both routed through the ColoCall IP 62.149.2.108 &#8211; the Russian test was blocked at that point while the European one completed perfectly. Tests by a Russian BitTorrent user on our behalf confirmed it was necessary to use a proxy for both the site and the the tracker to gain access.</p>
<p>It&#8217;s hoped that the blockage is temporary and a technical issue but of course, Demonoid has blocked countries before. TorrentFreak has contacted ColoCall but thus far, we&#8217;ve received no response.</p>
<p>We&#8217;ll update this post when more information comes in.</p>
<p><strong>Update:</strong> Several reports coming in that Ukranian IP addresses may also be blocked.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<slash:comments>90</slash:comments>
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		<title>Pirate Bay and BREIN Clash at Hacker Conference</title>
		<link>http://torrentfreak.com/pirate-bay-and-brein-clash-at-hacker-conference-090816/</link>
		<comments>http://torrentfreak.com/pirate-bay-and-brein-clash-at-hacker-conference-090816/#comments</comments>
		<pubDate>Sun, 16 Aug 2009 12:07:10 +0000</pubDate>
		<dc:creator>Ernesto</dc:creator>
				<category><![CDATA[Anti-Piracy Gangs]]></category>
		<category><![CDATA[Pirate Talk]]></category>
		<category><![CDATA[brein]]></category>
		<category><![CDATA[gottfrid svartholm]]></category>
		<category><![CDATA[hacking at random]]></category>
		<category><![CDATA[har]]></category>
		<category><![CDATA[tim-kuik]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=16173</guid>
		<description><![CDATA[<p><strong class="search-excerpt">Two</strong> months <strong class="search-excerpt">a</strong>go BREIN decided to t<strong class="search-excerpt">a</strong>ke the Pir<strong class="search-excerpt">a</strong>te B<strong class="search-excerpt">a</strong>y founders to court, hoping to get the BitTorrent tr<strong class="search-excerpt">a</strong>cker shut down in The Netherl<strong class="search-excerpt">and</strong>s. BREIN won the civil c<strong class="search-excerpt">a</strong>se <strong class="search-excerpt">two</strong> weeks <strong class="search-excerpt">a</strong>go, <strong class="search-excerpt">and</strong> Fredrik Neij, Gottfrid&#160;...</p>]]></description>
			<content:encoded><![CDATA[<p>Two months ago BREIN decided to take the Pirate Bay founders to court, hoping to get the BitTorrent tracker shut down in The Netherlands. BREIN <a href="http://torrentfreak.com/the-pirate-bay-ordered-to-close-in-the-netherlands-090730/">won</a> the civil case two weeks ago, and Fredrik Neij, Gottfrid Svartholm and Peter Sunde were ordered to block Dutch visitors within 10 days or face thousands of euros each day in penalties. </p>
<p>For now the verdict has been put <a href="http://torrentfreak.com/brein-holds-fire-on-dutch-pirate-bay-block-090807/">on hold</a> by BREIN, allowing the three defendants to appeal. Nevertheless, because of the legal issues between the two parties, an encounter between the head of BREIN, Tim Kuik and Pirate Bay co-founder Gottfrid Svartholm that took place at <a href="https://har2009.org/program/index.en.html">Hacking at Random</a> (HAR) this Friday was a rather interesting one.</p>
<p>Tim Kuik participated in a panel discussion on copyright laws and the future of media distribution at HAR, and halfway through he was standing face to face with Gottfrid Svartholm, one of the founders of The Pirate Bay. Svartholm, who had been following the discussion in the audience, took the opportunity to confront Kuik with some of the allegations he made.</p>
<p>Svartholm started by asking if BREIN actually has any evidence that The Pirate Bay is making &#8216;a lot&#8217; of money from distributing copyrighted works, as they claim. &#8220;Can you please tell me where that profit is, because i&#8217;d like some of it,&#8221; he asked, which resulted in applause and cheers from the audience.</p>
<p>&#8220;You tell me, you&#8217;re here, somebody paid for your trip,&#8221; Kuik quickly replied in an attempt to turn things around, implying that Svartholm must have used Pirate Bay revenue to make his way over to The Netherlands. </p>
<p>Svartholm, who currently works as a software programmer in Asia where he earns his living, then replied, &#8220;I paid for this trip by developing computer software for my customers,&#8221; which was again followed by applause from the audience.</p>
<p>Kuik found his argument crushed so reverted back to the earlier question about profits. &#8220;Everybody knows, including yourself, that you&#8217;re selling advertising space on your website, and people pay you for that,&#8221; he said.</p>
<p>Kuik went on to say that a Swedish investigative journalist found that The Pirate Bay made hundreds of thousands of kroner every year. To some this may sound like an impressive figure, but 300,000 kroner ($40,000) may not even be enough to cover the hardware and bandwidth costs, so it doesn&#8217;t prove that there&#8217;s any profit. </p>
<p>From Kuik&#8217;s responses it seems that BREIN has no evidence at all that The Pirate Bay is as profitable as they claim it is, so Svartholm went on to ask Kuik about the defamation lawsuit that the former Pirate Bay founders started against him and his organization. </p>
<p>The head of BREIN is <a href="http://torrentfreak.com/pirate-bay-founders-sue-brein-for-slander-and-abuse-090723/">being sued</a> by TPB in Sweden for defamation, after Kuik claimed that the Pirate Bay founders were responsible for an alleged DDoS attack on BREIN’s website. In Sweden, Kuik is now facing up to two years in prison, and Svartholm wanted to know if he plans to show up.</p>
<p>In his reply, Kuik denied that he ever attributed the DDoS attacks to the people behind the Pirate Bay, but he said that it was a coincidence that their website was hit right after the case against TPB was announced to the press. Svartholm of course questioned Kuik&#8217;s denial, but he never saw his original question answered.</p>
<p>In the end, Kuik never answered any of the questions posed by Svartholm, but the face to face standoff between two people at the extreme ends of the copyright debate was an interesting one nonetheless. After the panel discussion, Tim Kuik and Gottfrid Svartholm set their differences aside for a brief moment, as they posed for the cameras.</p>
<p>The video of the HAR panel discussion is available in <a href="http://flumotion.har2009.net/videos/har2009/panel_with_BREIN_MPAA_and_HAR.ogg">OGG</a> and on <a href="http://vimeo.com/6128124">Vimeo</a> (Gottfrid at 30:20).</p>
<div align="center">
<h5>Tim Kuik (BREIN) and Gottfrid Svartholm (The Pirate Bay) credit: Reinoud Van Leeuwen </h5>
<p><img src="http://torrentfreak.com/images/anakata-tim.jpg" alt="anakata tim" /></div>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
]]></content:encoded>
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		<slash:comments>65</slash:comments>
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		<title>Is a Fair P2P Trial Even Possible? Part 2</title>
		<link>http://torrentfreak.com/is-a-fair-p2p-trial-even-possible-part-2-090812/</link>
		<comments>http://torrentfreak.com/is-a-fair-p2p-trial-even-possible-part-2-090812/#comments</comments>
		<pubDate>Sat, 15 Aug 2009 16:26:13 +0000</pubDate>
		<dc:creator>Ben Jones</dc:creator>
				<category><![CDATA[Copyright Issues]]></category>
		<category><![CDATA[Legal Issues]]></category>
		<category><![CDATA[P2P and Filesharing]]></category>
		<category><![CDATA[court]]></category>
		<category><![CDATA[fair trial]]></category>
		<category><![CDATA[propaganda]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=15742</guid>
		<description><![CDATA[<p>...&#160; tri<strong class="search-excerpt">a</strong>l inside the courtroom. However, public perceptions <strong class="search-excerpt">and</strong> inform<strong class="search-excerpt">a</strong>tion <strong class="search-excerpt">a</strong>round the world in gener<strong class="search-excerpt">a</strong>l <strong class="search-excerpt">a</strong>lso <strong class="search-excerpt">a</strong>ffects <strong class="search-excerpt">a</strong> tri<strong class="search-excerpt">a</strong>l. In <strong class="search-excerpt">a</strong> civil&#160;...&#160; the oft touted 'loss figures' <strong class="search-excerpt">and</strong> studies. Every month or <strong class="search-excerpt">two</strong> <strong class="search-excerpt">a</strong>n industry group, or comp<strong class="search-excerpt">a</strong>ny p<strong class="search-excerpt">a</strong>id by <strong class="search-excerpt">a</strong>n industry group publishes <strong class="search-excerpt">a</strong> 'losses&#160;...</p>]]></description>
			<content:encoded><![CDATA[<p style="margin-bottom: 0in;"><img src="http://torrentfreak.com/images/riaa-scales.jpg" alt="riaa scales" align="right" />We have <a href="http://torrentfreak.com/is-a-fair-p2p-trial-possible-090810/">previously</a> explored the problems of getting a fair trial inside the courtroom. However, public perceptions and information around the world in general also affects a trial. In a civil case, the verdict goes to the person that most convinces the jury, and juries tend to believe what they &#8216;know&#8217;. The likelihood that what they &#8216;know&#8217; is material published by, and on behalf of the complainant often doesn&#8217;t enter into peoples minds.</p>
<p style="margin-bottom: 0in;">Perhaps the most insidious aspects of propaganda is that you often don&#8217;t know when you&#8217;re witnessing it. One of the easiest ways to define it is as something that presents a clear position on a topic, good and bad, with little reference to the facts in an attempt to sway a group of people into believing a certain thing. There are three examples of this to draw on. One is the term &#8216;<a href="http://www.gnu.org/philosophy/not-ipr.html" target="_blank">intellectual property</a>&#8216;. It&#8217;s a term that infers that copyright is a property that can be owned, and by extension, can thus be &#8217;stolen&#8217;. In actuality, it is as its name suggests, a right of copying. However, the term &#8216;Intellectual Property&#8217; continues. It&#8217;s also got the secondary aim of making it seem appropriate to <a href="http://torrentfreak.com/uk-conservatives-plan-to-extend-copyright/">lengthen terms</a>, as by terming it property, and not a right to an action, it&#8217;s defined as an asset. Assets are easier to &#8216;protect&#8217; than a right to do something, certainly over a monopoly-control of distribution.</p>
<p style="margin-bottom: 0in;">The second is the association with &#8216;<a href="http://en.wikipedia.org/wiki/Piracy_is_theft" target="_blank">theft</a>&#8216; and <a href="http://www.youtube.com/watch?v=HmZm8vNHBSU" target="_blank">stealing</a>. Copyrights can only be &#8217;stolen&#8217; if the actual rights are taken by someone. That is, if the person who owns the right has the right taken from them by someone else. That is also why copyright cases are not theft cases, although cases treated as such would actually be better, as criminal cases have a lot fewer of the problems identified in part 1, as we have also <a href="http://torrentfreak.com/is-it-time-to-make-file-sharing-a-criminal-offense-080912/">pointed out</a> in the past. It would also significantly reduce the penalties. As Prof. Lessig pointed out in <a href="http://free-culture.cc/freecontent/" target="_blank">Free Culture</a> (Pg 190), under California law the biggest penalty for stealing a CD is $1,000 &#8211; for infringing the copyright of that same CD it&#8217;s $1,500,000 (assuming 10 tracks).</p>
<p style="margin-bottom: 0in;">The third and most important, are the oft touted &#8216;loss figures&#8217; and studies. Every month or two an industry group, or company paid by an industry group <a href="http://torrentfreak.com/the-cost-of-movie-piracy-to-the-us/">publishes</a> a &#8216;losses due to piracy figure&#8217; or other claim. These figures attempt to quantify the unknown (and unknowable) and give a <a href="http://torrentfreak.com/movie-piracy-cost-61-billion/">number</a> that can be used in statements. The problem with all of these numbers is that they&#8217;re guesswork and estimation, just dressed up nicely. It&#8217;s impossible to tell what people are doing, and how many are actually infringing copyright so any figure on the amount of copyright infringement is just a guess. Then there is the question of how much that infringement impacts sales. So far industry data says it reduces sales, while independent studies <a href="http://torrentfreak.com/why-pirates-buy-more-music-and-music-labels-fail-090428/">show</a> it either doesn&#8217;t affect them, or increases them. However, they&#8217;re not consistent on how much effect there is &#8211; some industry studies vastly contradict others with their values for the same thing (such this <a href="http://piracyisnotacrime.com/stats-vat.php" target="_blank">example</a>)</p>
<p style="margin-bottom: 0in;">Nor is this a new thing. Who can forget then MPAA president Jack Valenti <a href="http://en.wikipedia.org/wiki/Jack_Valenti#Valenti_on_new_technologies" target="_blank">calling</a> the VCR the &#8216;Boston Strangler&#8217; of the film companies. A few short years later that same Boston Strangler was providing those film companies with the majority of their income. The same thing happens time and time again, player pianos, radio, cable TV, the VCR, and now computers and the Internet. Like Chicken little, the sky didn&#8217;t fall down the last few times, and is unlikely to now for those companies, if, as before, they adapt and embrace the new technologies. Else they&#8217;ll go the way of the big train companies when 40-ton trucks became common, or saddlers and livery stables when the car was made affordable; an anachronism of old technology.</p>
<p style="margin-bottom: 0in;">Of course, at the end of the day it comes down to the law. Again, there&#8217;s a problem. When you have politicians that are <a href="http://torrentfreak.com/riaa-and-mpaa-fund-anti-piracy-politicians/">paid</a> heavily by the copyright industry, or judges that are <a href="http://torrentfreak.com/pirate-bay-lawyer-is-biased-calls-for-a-retrial-090423/">part</a> of an industry group, then the laws are not going to have a firm basis in reality, nor will there be a fair and impartial evaluation of those laws. In some cases, prominent members of the music industry have been let off their crimes by court systems, such as in Nashville where Universal exec <a href="http://www.leadershipmusic.org/kenrobold.html" target="_blank">Ken Robold</a> and singer-songwriter <a href="http://en.wikipedia.org/wiki/John_Hiatt" target="_blank">John Hiatt</a> have had their traffic offenses <a href="http://www.newschannel5.com/global/Story.asp?s=10267161" target="_blank">dismissed</a>.</p>
<p style="margin-bottom: 0in;">Given everything we&#8217;ve covered, at least briefly, it&#8217;s clear that a fair trial when it comes to P2P will be impossible to be had any time soon.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<slash:comments>80</slash:comments>
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		<title>14-24 Year Olds Pirate 8,000 Music Tracks Each</title>
		<link>http://torrentfreak.com/14-24-years-olds-pirate-8000-music-tracks-each-090810/</link>
		<comments>http://torrentfreak.com/14-24-years-olds-pirate-8000-music-tracks-each-090810/#comments</comments>
		<pubDate>Mon, 10 Aug 2009 05:17:10 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Copyright Issues]]></category>
		<category><![CDATA[Hot Off The Press]]></category>
		<category><![CDATA[P2P and Filesharing]]></category>
		<category><![CDATA[UK Music]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=16024</guid>
		<description><![CDATA[<p>...&#160; <strong class="search-excerpt">a</strong>rtists through to record l<strong class="search-excerpt">a</strong>bels, publishers, producers <strong class="search-excerpt">and</strong> collecting societies <strong class="search-excerpt">and</strong> counts the BPI <strong class="search-excerpt">a</strong>mong its members.

<strong class="search-excerpt">A</strong> new study&#160;...&#160; surveyed, 61% <strong class="search-excerpt">a</strong>dmitted to downlo<strong class="search-excerpt">a</strong>ding music using P2P ne<strong class="search-excerpt">two</strong>rks including BitTorrent with 83% of these <strong class="search-excerpt">a</strong>dmitted doing so on <strong class="search-excerpt">a</strong> weekly or&#160;...</p>]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/ukmusic.jpg" align="right" alt="UK Music" /><a href="http://www.ukmusic.org/">UK Music</a> is an umbrella organization representing the interests of various elements of the UK music industry, from artists through to record labels, publishers, producers and collecting societies and counts the BPI among its members.</p>
<p>A <a href="http://www.ukmusic.org/research?readmore=1">new study</a> carried out by the University of Hertfordshire for UK Music reveals some interesting statistics &#8211; and some surprising ones.</p>
<p>Of those questioned in the 14 to 24 year old bracket, it was revealed that on average they have amassed music collections on their computers which exceed 8,100 tracks, an amount that most people could never afford. Little wonder that 68% of respondents said that they use their computers every day to listen to music.</p>
<p>From the 1,808 people surveyed, 61% admitted to downloading music using P2P networks including BitTorrent with 83% of these admitted doing so on a weekly or daily basis. A significant 86% admitted that they had copied CDs for their friends. </p>
<p>While many admitted uploading using P2P, other methods of sharing were also utilized &#8211; 75% admitted to sending music by email, instant messaging services or Bluetooth.</p>
<p>Of those who admitted using P2P to obtain music, 85% said they would welcome an &#8220;all you can eat&#8221; download service for a fixed monthly fee, but just 57% said that access to such a service would stop them from illegally sharing files.</p>
<p>In recent months, streaming services such as <a href="http://torrentfreak.com/spotify-an-alternative-to-music-piracy-090102/">Spotify</a> have been touted as a possible weapon to combat illicit sharing. However, of those surveyed for this report, 78% said they had no interest in paying for such a service, while 89% said they would prefer to own music, rather than stream it.</p>
<p>More than half of those surveyed said that companies that manufacture digital music players and mobile phones should pay fees to artists to compensate them from losses due to copies made on their devices.</p>
<p>UK Music CEO, Feargal Sharkey commented: “Clearly, the shape of our entire business will continue to evolve. However, we will achieve nothing if we do not work with music fans, and young music fans in particular. They are hugely demanding in their needs, but collectively we must rise to that challenge. We ignore engagement at our peril. That message is loud and clear.”</p>
<p>Strangely, in this world of 8,000 track hard drive music collections and the rampant uptake of digital music players, 77% of those surveyed said they would carry on buying physical CD albums even if they were subscribing to an &#8220;all you can eat&#8221; download service.</p>
<p>Getting paid twice for the same music, digital and physical? Sounds like a model the music business can get excited over, although in reality no-one else will. We&#8217;ve all been down that route before with the industry, one way or another.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<slash:comments>133</slash:comments>
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		<title>uTorrent&#8217;s 2.0 Beta Finally a Good Citizen</title>
		<link>http://torrentfreak.com/utorrents-2-0-beta-good-citizen-090809/</link>
		<comments>http://torrentfreak.com/utorrents-2-0-beta-good-citizen-090809/#comments</comments>
		<pubDate>Sun, 09 Aug 2009 10:17:32 +0000</pubDate>
		<dc:creator>Ernesto</dc:creator>
				<category><![CDATA[Bittorrent Clients]]></category>
		<category><![CDATA[Hot Off The Press]]></category>
		<category><![CDATA[speed test]]></category>
		<category><![CDATA[udp tracker]]></category>
		<category><![CDATA[utorrent]]></category>
		<category><![CDATA[utorrent 2.0]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=15986</guid>
		<description><![CDATA[<p>...&#160; Windows s<strong class="search-excerpt">a</strong>w its first public rele<strong class="search-excerpt">a</strong>se in September 2005, <strong class="search-excerpt">and</strong> soon bec<strong class="search-excerpt">a</strong>me the most widely used BitTorrent <strong class="search-excerpt">a</strong>pplic<strong class="search-excerpt">a</strong>tion by f<strong class="search-excerpt">a</strong>r. Recent&#160;...&#160; to its uTP support, which m<strong class="search-excerpt">a</strong>kes the client more ne<strong class="search-excerpt">two</strong>rk <strong class="search-excerpt">a</strong>w<strong class="search-excerpt">a</strong>re hoping to decre<strong class="search-excerpt">a</strong>se the lo<strong class="search-excerpt">a</strong>d for ISPs <strong class="search-excerpt">a</strong>s well. uTP support c<strong class="search-excerpt">a</strong>n be&#160;...</p>]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com//images/utorrent_logo.png" align="right" alt="utorrent" />uTorrent for Windows saw its first public release in September 2005, and soon became the most widely used BitTorrent application by far. Recent estimates show that uTorrent is the client of choice for more than half of all active BitTorrent users.</p>
<p>Needless to say, all significant changes to uTorrent affect millions of users and the entire BitTorrent infrastructure. With the release of its <a href="http://forum.utorrent.com/viewtopic.php?pid=421542#p421542">2.0 Beta</a> the client introduces breakthrough changes that offer a helping hand to its users, ISPs and most of all &#8211; tracker owners. </p>
<p>In comparison to HTTP trackers, <a href="http://en.wikipedia.org/wiki/UDP_tracker">UDP trackers</a> use less resources and put less strain on their servers. Since almost all public trackers now have a UDP variant, it can save tracker owners a lot of hardware and thus money.</p>
<p>Using UDP is generally a good idea to bring down load on popular trackers,&#8221; said uTorrent developer Arvid Norberg when <a href=" http://forum.utorrent.com/viewtopic.php?pid=421542#p421542">commenting</a> on the implementation of the newly added feature. &#8220;We want uTorrent to be a good citizen and not hammer trackers.&#8221; </p>
<p>&#8220;Hopefully client support will be wide spread enough at some point, so that trackers that currently spend 99% of their capacity on misbehaving clients flooding it with HTTP requests can turn that off,&#8221; Norberg added. </p>
<p>Although Norberg&#8217;s comments suggest that uTorrent is one of the first to implement UDP tracker support, they are in fact quite late to the party. Vuze, BitComet, Deluge, KTorrent and rTorrent are just a few of the clients that have implemented this feature already.</p>
<p>However, with its massive market share uTorrent is the one that really makes a difference, and this new feature will be welcomed by all major BitTorrent tracker operators. The benefits of UDP trackers will not go unnoticed by users either since they do not interfere with HTTP traffic, meaning that associated web-browsing slowdowns will be a thing of the past.</p>
<p>Aside from smoother web-browsing, users will notice a few other changes in uTorrent 2.0. For starters the new speed guide is a welcome addition. By using Google&#8217;s <a href="http://torrentfreak.com/google-joins-fight-against-bittorrent-throttling-isps-090128/">measurement lab</a> servers, uTorrent users can now test their connection speed and let the client automatically pick the best settings based on the results.</p>
<p>Unfortunately Google&#8217;s lab servers are all located in the US, which makes the results less accurate for uTorrent users in other parts of the world. The uTorrent team hopes that they can provide optimal results for these users at a later stage. &#8220;We anticipate that the server coverage will improve and cover other continents better in the future,&#8221; Norberg commented.</p>
<p>With the 2.0 Beta, uTorrent also enjoys several improvements to its uTP support, which makes the client more <a href="http://www.p2p-blog.com/item-1134.html">network aware</a> hoping to decrease the load for ISPs as well. uTP support can be enabled or disabled at the user&#8217;s request.</p>
<p>The new Beta has something in store for everyone, and although users are free to play around with it, we should note that this is not a stable release and that bugs and unexpected crashes are possible. The latest release as well as a feedback thread can be found at the <a href="http://forum.utorrent.com/viewtopic.php?pid=421292#p421292">uTorrent forums</a>.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
]]></content:encoded>
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		<title>Oldest BitTorrent Site Targeted by Police, Owner Arrested</title>
		<link>http://torrentfreak.com/oldest-bittorrent-site-targeted-by-police-owner-arrested-090804/</link>
		<comments>http://torrentfreak.com/oldest-bittorrent-site-targeted-by-police-owner-arrested-090804/#comments</comments>
		<pubDate>Tue, 04 Aug 2009 06:52:47 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Anti-Piracy Gangs]]></category>
		<category><![CDATA[Copyright Issues]]></category>
		<category><![CDATA[Legal Issues]]></category>
		<category><![CDATA[fact]]></category>
		<category><![CDATA[filesoup]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=15816</guid>
		<description><![CDATA[<p><strong class="search-excerpt">A</strong>fter g<strong class="search-excerpt">a</strong>ining <strong class="search-excerpt">a</strong> w<strong class="search-excerpt">a</strong>rr<strong class="search-excerpt">a</strong>nt eleven d<strong class="search-excerpt">a</strong>ys e<strong class="search-excerpt">a</strong>rlier, on Mond<strong class="search-excerpt">a</strong>y 27th July <strong class="search-excerpt">a</strong>t 09:05 police&#160;...&#160; - UK b<strong class="search-excerpt">a</strong>sed FileSoup is one of the origin<strong class="search-excerpt">a</strong>l torrent sites <strong class="search-excerpt">and</strong> h<strong class="search-excerpt">a</strong>s built <strong class="search-excerpt">a</strong> solid reput<strong class="search-excerpt">a</strong>tion while keeping <strong class="search-excerpt">a</strong> surprisingly low profile,&#160;...&#160; <strong class="search-excerpt">and</strong> not sued.

Geeker then h<strong class="search-excerpt">a</strong>d <strong class="search-excerpt">a</strong>n interview with <strong class="search-excerpt">two</strong> police officers which w<strong class="search-excerpt">a</strong>s recorded on <strong class="search-excerpt">a</strong> m<strong class="search-excerpt">a</strong>chine which m<strong class="search-excerpt">a</strong>lfunctioned&#160;...</p>]]></description>
			<content:encoded><![CDATA[<p>After gaining a warrant eleven days earlier, on Monday 27th July at 09:05 police backed up by the MPAA-funded UK anti-piracy group FACT conducted a raid on the home address of the owner of one of the most enduring torrent sites on the Internet.</p>
<p>Founded way back in 2003 &#8211; a light year in BitTorrent terms &#8211; UK based <a href="http://filesoup.com/">FileSoup</a> is one of the original torrent sites and has built a solid reputation while keeping a surprisingly low profile, particularly considering its status. It has already outlived The Pirate Bay by around 9 months and is believed to be the oldest community still around today.</p>
<p>The search warrant for the owner of FileSoup was issued under Section 109 of the Copyright Designs and Patents Act 1988 and authorized the gathering of any evidence related to the illegal distribution or file-sharing of copyright films. Notably, since 2005 FileSoup hasn&#8217;t operated a tracker but links to metadata which links to material hosted elsewhere. It has never hosted any copyrighted content.</p>
<p>Known online as TheGeeker, the owner of FileSoup was arrested and taken to his local police station. The charge: Suspicion of downloading copyrighted movies. He told TorrentFreak that his site had been under FACT investigation since February this year.</p>
<p>&#8220;I asked them [police] while still at home if I could contact a member of my family so that someone could come and make sure my dog was catered for, they said that I couldn&#8217;t. On the way to the police station I asked if they could contact someone to take care of the dog or if I could make a phone call, they again said I could not,&#8221; he recalls.</p>
<p>But the police&#8217;s lack of sympathy for Geeker&#8217;s pet was just the start. He says that before being put in a cell he was given a &#8216;Notice Of Entitlements&#8217; sheet, a document explaining how a prisoner should be cared for. One section explained:</p>
<blockquote><p>Keeping in touch: As well as talking to a solicitor and having a person told about your arrest you will usually be allowed to make one phone call. Ask the police if you would like to make a phone call. You can also ask for a pen and paper. You may be able to have visitors but the custody officer can refuse to allow that.</p></blockquote>
<p>But Geeker soon discovered that things were different in his case. &#8220;I asked again as I was put in the cell, if I could contact someone or make a phone call, I was told no I couldn&#8217;t do that, I asked why and was told that the Inspector had put a block on any and all communication from me to anyone.&#8221;</p>
<p>Each time an officer called on Geekers cell, he asked permission to let someone know of his arrest. He also asked to contact his lawyer. Seven and a half hours later and both were effectively still being denied.</p>
<p>Around 4:45pm a policeman appeared in Geeker&#8217;s cell with a 12 page list of items seized from his house, and demanded a signature that would indicate that the items were his. Of course, it was impossible to say if the items they had in custody were indeed the ones on the list, so Geeker declined and the policeman stormed out of the cell.</p>
<p>&#8220;What do they take me for, a complete idiot!&#8221; says Geeker. &#8220;No one in their right mind would have signed to say any of these items were their property, especially if they&#8217;d not been there when it was seized!&#8221;</p>
<p>At 5pm Geeker was finally allowed legal representation, where he questioned that surely &#8220;downloading&#8221; was a civil issue, not a criminal one. However, the movie industry anti-piracy group FACT are known to frame things differently. In previous cases they have insisted that donations are profit and therefore constitute a criminal copyright offense. It is probable they have done the same thing at FileSoup and this could be why Geeker was arrested and not sued.</p>
<p>Geeker then had an interview with two police officers which was recorded on a machine which malfunctioned throughout the interview. In common with other FACT-run cases, the nature of BitTorrent proved difficult for law enforcement to grasp, with Geeker having to explain how everything worked &#8211; including what URLs and domain names are.</p>
<p>Upon leaving, Geeker was informed that in common with other cases in the UK such as that against <a href="http://torrentfreak.com/busted-tv-show-site-in-limbo-as-authorities-back-off-081121/">TV Links</a>, the private anti-piracy group FACT was in charge of his seized property, not the police. </p>
<p>Geeker was eventually released on police bail a little after 19:30 with his offense listed as &#8220;Distribute Article Infringing Copyright&#8221;. He must return to the police station in October.</p>
<p>Geeker says his home was a mess. &#8220;I got back home just before 8pm to find my belongings had been turned upside down, the dining room was a like a whirlwind had gone through..[]..they&#8217;d turfed out all the drawers of the desk, chucked back what was of no interest to them, left a pile of paperwork scattered across my desk and table with wires everywhere, talk about a nightmare!&#8221;</p>
<p>And Geeker&#8217;s dog was pretty upset too. &#8220;My dog was extremely traumatized, he&#8217;d been barking almost non-stop all day long the neighbour told my Dad when he went over at about 6:30pm to feed the dog as I hadn&#8217;t got back yet. My dog rarely barks at anything, now he barks at the least little thing, I am SO annoyed that they have done this to him!&#8221;</p>
<p>The FileSoup site remains open. Stay tuned.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<title>Top 10 Most Pirated Movies on BitTorrent</title>
		<link>http://torrentfreak.com/top-10-most-pirated-movies-on-bittorrent-090727/</link>
		<comments>http://torrentfreak.com/top-10-most-pirated-movies-on-bittorrent-090727/#comments</comments>
		<pubDate>Mon, 27 Jul 2009 06:21:45 +0000</pubDate>
		<dc:creator>Ernesto</dc:creator>
				<category><![CDATA[DVDrip]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=15576</guid>
		<description><![CDATA[<p>...&#160; week there <strong class="search-excerpt">a</strong>re only <strong class="search-excerpt">two</strong> newcomers in the top 10, including this week's most downlo<strong class="search-excerpt">a</strong>ded&#160;...&#160; our weekly downlo<strong class="search-excerpt">a</strong>d ch<strong class="search-excerpt">a</strong>rt is collected by TorrentFre<strong class="search-excerpt">a</strong>k, <strong class="search-excerpt">and</strong> is for inform<strong class="search-excerpt">a</strong>tion<strong class="search-excerpt">a</strong>l <strong class="search-excerpt">and</strong> educ<strong class="search-excerpt">a</strong>tion<strong class="search-excerpt">a</strong>l reference only. <strong class="search-excerpt">A</strong>ll the movies in the&#160;...</p>]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/iloveyouman.jpg" align="right"  alt="I love you man" />This week there are only two newcomers in the top 10, including this week&#8217;s most downloaded film &#8216;I Love You Man&#8217;. </p>
<p>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 DVDrips unless stated otherwise.</p>
<p><a href="http://TorrentFreak.com/category/dvdrip/feed/"><strong>RSS feed</strong></a> for the weekly movie download chart.</p>
<table class="css hover" summary="Most downloaded movies on BitTorrent">
<caption>Week ending July 26, 2009</caption>
<thead>
<tr>
<th width="12%"><strong>Ranking</strong></th>
<th width="15%"><strong>(<a href="http://torrentfreak.com/streets-of-blood-premieres-worldwide-on-bittorrent-090720/">last week</a>)</strong></th>
<th><strong>Movie</strong></th>
<th width="15%"><strong>Rating / Trailer</strong></th>
</tr>
</thead>
<tfoot>
<tr>
<td colspan="4">torrentfreak.com</td>
</tr>
</tfoot>
<tbody>
<tr>
<td><strong>1</strong></td>
<td>(&#8230;)</td>
<td><a href="http://www.imdb.com/title/tt1155056/">I Love You Man</a></td>
<td>7.8 / <a href="http://www.youtube.com/watch?v=FPY-YXx5Ne4">trailer</a></td>
</tr>
<tr>
<td><strong>2</strong></td>
<td>(1)</td>
<td><a href="http://www.imdb.com/title/tt1119646/">The Hangover</a> (DVDscr)</td>
<td>8.3 / <a href="http://www.youtube.com/watch?v=kzmkDDmoODA">trailer</a></td>
</tr>
<tr>
<td><strong>3</strong></td>
<td>(3)</td>
<td><a href="http://www.imdb.com/title/tt0409459/">Watchmen</a></td>
<td>7.9 / <a href="http://www.youtube.com/watch?v=E4blSrZvPhU">trailer</a></td>
</tr>
<tr>
<td><strong>4</strong></td>
<td>(4)</td>
<td><a href="http://www.imdb.com/title/tt0438488/">Harry Potter and the Half-Blood Prince</a> (TS)</td>
<td>8.1 / <a href="http://www.youtube.com/watch?v=wclDW5nAaBc">trailer</a></td>
</tr>
<tr>
<td><strong>5</strong></td>
<td>(&#8230;)</td>
<td><a href="http://www.imdb.com/title/tt1121931/">Crank: High Voltage</a> </td>
<td>6.9 / <a href="http://www.youtube.com/watch?v=aUKSLqhRqbI">trailer</a></td>
</tr>
<tr>
<td><strong>6</strong></td>
<td>(5)</td>
<td><a href="http://www.imdb.com/title/tt0448011/">Knowing</a></td>
<td>6.7 / <a href="http://www.youtube.com/watch?v=uHw8URgDvxM">trailer</a></td>
</tr>
<tr>
<td><strong>7</strong></td>
<td>(2)</td>
<td><a href="http://www.imdb.com/title/tt0438488/">Terminator Salvation</a> (DVDscr)</td>
<td>7.0 / <a href="http://www.youtube.com/watch?v=pcg5t0mT8V4">trailer</a></td>
</tr>
<tr>
<td><strong>8</strong></td>
<td>(6)</td>
<td><a href="http://www.imdb.com/title/tt1135487/">Duplicity</a></td>
<td>6.6 / <a href="http://www.youtube.com/watch?v=t3_J-KikK2Q">trailer</a></td>
</tr>
<tr>
<td><strong>9</strong></td>
<td>(8)</td>
<td><a href="http://www.imdb.com/title/tt0457400/">Land Of The Lost</a> (R5)</td>
<td>5.4 / <a href="http://www.youtube.com/watch?v=3_D_G84198o">trailer</a></td>
</tr>
<tr>
<td><strong>10</strong></td>
<td>(10)</td>
<td><a href="http://www.imdb.com/title/tt1055369/">Transformers 2</a> (TS)</td>
<td>6.8 / <a href="http://www.youtube.com/watch?v=7InTpNWJ4HQ">trailer</a></td>
</tr>
</tbody>
</table>
<p></p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<title>One in Three Is A Music Pirate</title>
		<link>http://torrentfreak.com/one-in-three-is-a-music-pirate-090724/</link>
		<comments>http://torrentfreak.com/one-in-three-is-a-music-pirate-090724/#comments</comments>
		<pubDate>Fri, 24 Jul 2009 17:23:16 +0000</pubDate>
		<dc:creator>Ernesto</dc:creator>
				<category><![CDATA[Hot Off The Press]]></category>
		<category><![CDATA[interpret]]></category>
		<category><![CDATA[music piracy]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=15483</guid>
		<description><![CDATA[<p>...&#160; with more th<strong class="search-excerpt">a</strong>n 60 million p<strong class="search-excerpt">a</strong>rticip<strong class="search-excerpt">a</strong>nts is quite unique <strong class="search-excerpt">and</strong> will come closer to the truth th<strong class="search-excerpt">a</strong>n the <strong class="search-excerpt">a</strong>ver<strong class="search-excerpt">a</strong>ge online poll. 

Interpret,&#160;...&#160; who downlo<strong class="search-excerpt">a</strong>d from BitTorrent <strong class="search-excerpt">and</strong> other file-sh<strong class="search-excerpt">a</strong>ring ne<strong class="search-excerpt">two</strong>rks <strong class="search-excerpt">a</strong>re <strong class="search-excerpt">a</strong>lso p<strong class="search-excerpt">a</strong>ying to downlo<strong class="search-excerpt">a</strong>d music. <strong class="search-excerpt">And</strong> indeed, it turns out th<strong class="search-excerpt">a</strong>t some&#160;...</p>]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/interpret.jpg" align="right" alt="interpret" />Studies on the prevalence of illegal downloading, especially those targeted at music downloads, are nothing new. However, a study with more than 60 million participants is quite unique and will come closer to the truth than the average online poll. </p>
<p><a href="http://interpretllc.com/index.php">Interpret</a>, a market research firm focused on entertainment, media and technology has just published the results of a massive survey on illegal music downloads, covering 64 million people. Of this group 24 million respondents (36%) admitted that they had downloaded music illegally in the past three months.</p>
<p>An impressive figure to say the least, indicating that the RIAA, BPI and IFPI will seriously have to reconsider their current handling of the &#8216;piracy&#8217; problem. Spending millions of dollars on developing new business models instead of paying lawyers might be a good start. Interpret&#8217;s findings may be helpful in this.</p>
<p>The goal of the report was to find out if people who download from BitTorrent and other file-sharing networks are also paying to download music. And indeed, it turns out that some &#8216;pirates&#8217; are also paying for downloads through iTunes or other web stores. </p>
<p>The results show that 9 percent of music pirates have bought a full album online in the past three months. Downloading individual songs is even more popular in this group, with 16 percent indicating that they paid to download an individual song recently. </p>
<p>What struck us at TorrentFreak was that nearly half (49%) of all music pirates said that downloading music should be cheaper than buying a disc. This means that 51% are fine with the current price point of legal downloads. This is an odd finding to say the least.</p>
<p>Unfortunately, Interpret&#8217;s report doesn&#8217;t provide any comparative data, so we can&#8217;t say anything about how the group of music pirates does compared to the rest of the public. However, it <a href="http://torrentfreak.com/why-pirates-buy-more-music-and-music-labels-fail-090428/">wouldn&#8217;t surprise</a> us if on average this group is spending more on music than the average customer.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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