Anti-Piracy Group Raids P2P Admin’s House Without Warrant

Written by enigmax on May 28, 2009 

Ever since it became clear that running a P2P links site is not a crime in Spain, music anti-piracy group SGAE have threatened civil action. Yesterday the admin of two P2P sites had a home visit by members of SGAE, who took advantage of the admin’s legal naivety and conducted a search of his property without a suitable warrant.

Allow us to introduce computer science student, Juan Jose Carrasco Colonel. The 26 year-old resident of Bonar, Spain, lives with his parents and brother. He also ran two eD2k file-sharing link sites – Elitemula and Etmusica – which were recently shuttered after a court order was served on the site’s host.

Yesterday things took a turn for the sinister. At around 12:00 noon and after a sleepless night, Juan heard a knock at his door and upon answering it he saw five people standing there who gave no other explanation who they were, other than they were from the court. They gave Juan documentation that he didn’t fully comprehend and gave him the impression that they had a warrant to enter his home and make an inspection of his computers and hard drives.

It appears they came looking for the stats from Elitemula and Etmusica which reflect the downloads of music made via links on those sites between September and December 2007.

Juan explains, “They entered my house and I called them to show them where the computers were in the house. I showed them my personal laptop, but they insisted on seeing them all, including my brother’s.”

This wasn’t enough for the unexpected visitors who proceeded to enter every room in the house and even opened up some cardboard boxes in Juan’s bedroom which merely contained personal family belongings.

“A man who identified himself as a ‘computer expert’ reviewed the contents of my personal computers and then tried to access my brother’s computer,” Juan explained. However, since the laptop was password protected the ‘expert’ prompted Juan to provide the password, which he couldn’t since he didn’t know it. After a telephone call to Juan’s brother which understandably worried him, he handed over the password which allowed the ‘expert’ to make a detailed investigation of the laptop. They went on to examine several other hard drives.

After the five individuals had been inside for two hours, Juan finally managed to get lawyer David Bravo on the telephone who, along with Javier de la Cueva, recently defended P2P developer Pablo Soto. David asked Juan to read out the order which supposedly allowed these individuals to enter his home and search it.

Over the telephone, David Bravo confirmed that the text of the order did not authorize entry to Juan’s house or examination of hardware held there. Understandably concerned, Juan asked David to demand that the five people in his home identify themselves.

The first man was a lawyer for Spanish music rights/anti-piracy group SGAE, the second a SGAE computer expert, another a clerk and others unidentified.

At this point David Bravo told Juan to order the individuals out of his home and demanded that they leave all of his property intact. After a long conversation where the SGAE lawyer tried to convince that seizure of hard drives was allowed, David Bravo urged him to leave Juan’s home immediately.

David Bravo gave Juan instructions on how to proceed and offered to appear before the courts as a witness to what had happened. Javier de la Cueva, David’s partner, told TorrentFreak that he will be representing Juan.

In the end the five left Juan’s house and left the hard drives behind, although Juan voluntarily allowed them to take a laptop.

As soon as we have more on this story we will publish an update.

Previously:

Next:

130 Responses

1 May 28, 2009 at 15:28 by whoamI

unbelievable what they dare to do…

2 May 28, 2009 at 15:30 by Mike

Wow, that is crossing the line by far.

But what’s the worst these fools are going to get? Jail time would serve them right.

3 May 28, 2009 at 15:30 by Ralonto

Reticulious.. He should sue these people for invasion of property or impersonation of an official. Or whatever he can take these people on..

4 May 28, 2009 at 15:32 by Anony

Holy shit! There is just no end to these bastards is there?
I can’t believe anti-piracy groups would even stoop this low in the first place.
I hope Juan immediately takes this to court and gets the shit sued out of SGAE!

5 May 28, 2009 at 15:34 by Anonymous

Damn these people are desperate. Pathetic. Trying to get “evidence” this way, this makes them even more criminals than they already are.

Check your pc for keyloggers and other nasties they might have left behind!

6 May 28, 2009 at 15:34 by Cygnus

lol the lawyer working for the SGAE is about to get disbarred. Hope it was worth it for him.

7 May 28, 2009 at 15:35 by SableSlayer

I hope this outrages people and finally put an end these anti piracy groups!

Its illegal on so many levels on what they did it!

8 May 28, 2009 at 15:37 by Eleriel

“although Juan voluntarily allowed them to take a laptop.”

why on earth for?

9 May 28, 2009 at 15:43 by Rabbit80

Sue them – this is way out of order… Also, get a legit expert to examine your computers for keyloggers etc – send them the bill!

10 May 28, 2009 at 15:46 by JS

who cares? This guy is stupid for being so closely tied with something of dubious legality while not understanding his own, basic rights.

11 May 28, 2009 at 15:46 by yar

sue the bastards!

12 May 28, 2009 at 15:47 by www.eZee.se

@Eleriel, exactly!

the only thing I would voluntarily give them would be a boot stuck in between their ass.

MAKE sure you check for keyloggers and other nasties as already suggested before, Sony rootkit comes to mind.

Stay safe Juan, and kick their ass!

13 May 28, 2009 at 15:50 by Anonymous

@8: probably so the can be cofused why he doesn’t leave detailed statistics from all his sites on his laptop :)

14 May 28, 2009 at 15:54 by luciferCor

A false step of SGAE…..NICE

15 May 28, 2009 at 15:54 by Zush

That’s the kind of things that happened during the Francoist regime, although that… people is not even the police!

16 May 28, 2009 at 16:06 by Dellum

Two things here:

Para-state organization and corporate terrorism.

17 May 28, 2009 at 16:07 by Nicco

Outrageous!

I think Juan was far to nice to these IDIOTS, a call to the police would have been my response!

I really fail to see why he let them carry anything out of there and in any case it can not be used as evidence why I fail to understand why they insisted to take the laptop after Juan’s lawyer proven the fake warrant. It is not evidence they can use in court EVER, he should ask them to return it at once!

Juan, sue the crap out of them!

18 May 28, 2009 at 16:15 by Simon

I agree with #17!

19 May 28, 2009 at 16:24 by luciferCor

@17

Maybe David’s lawyer use the laptop as prove to show that SGAE was in David’s house. Or if the laptop has a traker system they can see where it is carried.

20 May 28, 2009 at 16:33 by Mi cago en dios

Juan, eres tonto? k ridiculo!!!!

21 May 28, 2009 at 16:36 by 21

Believe it or not. This is the front line against capitalism.

These guys, all over the world, are fighting the good fight against profit.

22 May 28, 2009 at 16:42 by Mr.Afghanistan

Holly Sh*t.

If i were Juan, i would never let them inside my house without checking the warrant status in the first place.

I would check the warrant status first and call police.

after all these procedures there would be a chance to give access to my PC.

Invalid warrant = Thief stealing your stuff from your house !

P.S: It’s a good idea for thief, they can always make warrants like this and enter to any house legally they want to and get whatever they want for evidence LoL

I highly recommend Juan to take this issue very seriously and sue SGAE for this illegal issuing/making warrants. at least they should be in prison for 4-5 years.

Anti Piracy Companies are playing with the LAW.

SPAIN SHOULD SHUT DOWN SGAE FOR THEIR ILLEGAL ACTIVITY!!!

SPAIN SHOULD SHUT DOWN SGAE FOR THEIR ILLEGAL ACTIVITY!!!

SPAIN SHOULD SHUT DOWN SGAE FOR THEIR ILLEGAL ACTIVITY!!!

23 May 28, 2009 at 16:43 by thumper

The SGAE are bound and determined to do things underhanded. Nothing like earning yourself bad PR.

In Dec. last year they illegally gatecrashed a wedding to determine if they were owed royalties from songs. That episode cost them $82,000 when the Spanish courts got rid of them.

Last month, they complained about not getting their 10% cut from the charity donated song by 50 some artists to help the victims of L’Aquila in Italy, after the earthquake hit. They are they source of the complaint about piracy.

Now this. I know the RIAA has a public black eye and do some dastardly things but this is beyond belief and takes bad PR to a whole new level.

It is very obvious that the major labels are now controlled by the product of uni’s that put out lawyers without conscience nor the ability to tell what is moral in actions. No longer do musicians control the major labels. As always, a lawyers solution to the problem is court.

There are very few businesses that will sue you for buying their product and then using as you see fit. (it is the reason to buy) As such, I quit buying when sue’em all started here in the US. It is my method to tell them I do not like what they do nor how they do it.

The movies joined that boycott list when they started doing the same thing. I no longer have tv in the house, I don’t pay for PPV nor satellite as I will not support those that approved these sorts of solutions to their problems.

I hit them right where it matters and where they can understand it…the bottom line.

24 May 28, 2009 at 16:47 by runkner

Heh.

If they came in to my house I would make short werk of them …
Not physically, but verbally …
But of course, this is just metaforical …

As I sit on 2 raided p2p servers rite now …

(Anal delight, dear anti-piracy d00ds, may I introduce into yer anal cavities ? It’s lubed, don’t worry.)

25 May 28, 2009 at 16:50 by Fecking Irate

It has finally come to this…these SGAE people should be publicly flogged by a band of rabid teenage wenches.

Seriously, he should file criminal charges against these people and have them put behind bars.

26 May 28, 2009 at 17:00 by Anonymous

I would be threatening a lawsuit against them.

27 May 28, 2009 at 17:02 by Equality

This is absoloutely disgraceful and shows that the entertainment industry is prepared to violate even the laws of their own countries. They seem to consider themselves above the law. I’m amazed he even let them in to be honest. Really sad failure of democracy

28 May 28, 2009 at 17:03 by Anon

This is crazy. This is absolutely ridiculous. In addition to all their other slimy, illegal, immoral tactics, they are now tricking people into thinking they have some actual power.

Sue their asses into oblivion.

Revolution now pls.

29 May 28, 2009 at 17:04 by wonderwhy-er

Well I never really used word MAFIAA in anti piracy group cases but this one is clearly MAFIAA… How dare they? Are evidence that was get this way even legal? What’s next? They will be stealing servers at night?

Defending copyrights is one thing but this is outrages… Juan clearly should sue them for what they did…

30 May 28, 2009 at 17:12 by Max

He let them take a laptop? How stupid is this guy?

31 May 28, 2009 at 17:13 by Anonymous

Can we see the “document” (to read and laugh at)? Anybody have a link or a scanned copy?

32 May 28, 2009 at 17:16 by fcuk bittorrent

I say BRAVO to the SGAE. People don’t care about copyright when sharing music on torrents, ed2k etc.. so why should SGAE respect those people’s rights? Go f**k yourselves you morons.

33 May 28, 2009 at 17:16 by Anonymous

what a scared moron, You dont let nobody in ya home, fuck that.

34 May 28, 2009 at 17:19 by deta

Basically, these bastards took advantage of this guy’s naivety and robbed him in the broad daylight.

And it’s amazing what the corporations and monopolies are ready to do. Do they believe themselves to be above the people? I hope the names of these 5 jerks will be published here.

35 May 28, 2009 at 17:20 by Barse

I decided about three years ago that I will never pay for IFPI music again. I suggest others now take the same vow.

36 May 28, 2009 at 17:22 by Anon

1. Know your rights!
2. ???
3. Dont be intimidated by some random guy waiving a paper in jour face!

37 May 28, 2009 at 17:36 by JIT

He could prolly file criminal charges for theft of his laptop, since he obviously was intimidated into “volontaire” handing over his property. Not the least did SGAE enter his home under false pretense in purpose to actually aquire his property, i.e. they scammed him.

It’d be interesting if he has writings and his own writen software on that laptop he handed over, since that would constitute theft of IP as well.

38 May 28, 2009 at 17:39 by Jimmy

We may have rotten copyright laws in the US, but if this break-in by SGAE happened in the USA, then SGAE would be liable for huge civil and criminal penalties for fraudulently entering a person’s home and confiscating property. Just ask O.J. Simpson – He and his crew were put away for 10 years for doing something similar. (O.J.’s crew had guns but they had the same intent as the SGAE.)

39 May 28, 2009 at 17:40 by Rogue

I would’ve shot them.

40 May 28, 2009 at 17:40 by Dellum

@32

0.02/10

Too obvious man.

41 May 28, 2009 at 17:53 by Mcfloyd

Lol I would have just said, yawn point a gun at my face and you may enter my house.

42 May 28, 2009 at 17:54 by Equality

@32
Sorry you appear to have reached the wrong page. Here is the correct website address:www.sgae.es
Just login as you normally do for work each day and don’t worry about this random website called TorrentFreak you have accidentally strayed onto. Bye bye now, bye bye.

43 May 28, 2009 at 17:58 by Use Your Brain?

Does anybody here from Spain, or perhaps with some juridical oversight of Spains legislation, have an idea what legal consequences this could have for SGAE, for such a blatently disregard for civil rights and personal privacy?

Could be very interesting, especially for others who might experience similiar invasion of their homes from the MAFIAA, what means one have to fight back this unjustice?!

44 May 28, 2009 at 18:04 by 555

Just shows that they are all a pack of thugs.He should sue the arse off them.

45 May 28, 2009 at 18:05 by Gdf

Those bloody bastards are absolutely fareless. Pirates must be united!

46 May 28, 2009 at 18:09 by Trelew

I don’t what the laws are like in Spain but in Canada those arrogant pricks would of been charged for even attempting a stunt like that. Sadly the arrogance of these corporate bastards never cease to surprise me.

Still don’t know why the guy gave up his laptop though…I wouldn’t of.

47 May 28, 2009 at 18:10 by me

Didnt expect any other! Thats Spain for you…

48 May 28, 2009 at 18:40 by Anonymous

stfu #32 troll asshole.

49 May 28, 2009 at 18:52 by Anon

SUE THESE GUYS

damn and i thought usa was #!*(!^# bad

50 May 28, 2009 at 18:58 by 7SèVéN7

hhhhhhhhhmmmmmmmm………

why does the Spanish Inquisition

seem to come to mind……..

51 May 28, 2009 at 19:02 by efka

Franco would be proud of the content mafia (aka media industry) and his content ss (aka police and state)… sick sick world.

52 May 28, 2009 at 19:21 by Wolfy

while what the SGAE did was wrong, the admin was a fool. Evidence intended for court can only be gathered in the presence of a police officer. Unless I’m wrong, that’s pretty much the same all over the world. No court should give the power of entering and searching to those not of the judiciary (a lawyer alone is not enough)
I hope the admin knows that the laptop will suddenly sprout evidence of his “nefarious” deeds now. Wouldn’t put it past the SGAE to put child pron on it too while they’re at it.

53 May 28, 2009 at 19:36 by Whooooo

WTF??
I hope they get arrested and raped in prison for years

54 May 28, 2009 at 19:41 by rawrerow?

annnndd time to sue them for everything they got..

Let me tell you something SGAE.. you enter my house without a warrant, you may not leave.. and if you do leave, you will probably be in the hospital.

Lets make this clear for the f*cktards who will think im just crazy.. if your in my house without proper documentation, you are technically a burglar, which means I can inflict physical harm onto you until you leave the private property.

What they did was totally illegal and I expect them to be punished to the fullest extent of the law including jail.

55 May 28, 2009 at 19:44 by Anonymous

That’s why I keep my silenced semi-auto around.

56 May 28, 2009 at 19:56 by UltraleetJ

“the SGAE lawyer tried to convince that seizure of hard drives was allowed.” What kind of lawyer? how much did that lawyer get paid? if he got paid that’s a really sad thing. In this wourld society, especially in the music fields and political fields, the more incompetent you are the better you get paid. If he did not get paid then he’s got no right to claim himself as a lawyer. And penalties might be even worse. Be ready to collect your money to get out of court, “music industry”!

57 May 28, 2009 at 19:57 by UiO

Sweet so I can just enter anyone’s house in Spain and claim im someone important and hand them fake documents and steal there stuff?

Awesome! Spain rocks.

58 May 28, 2009 at 20:01 by Outraged

IF one of these guys were actually a lawyer, than a complaint needs to be filed TODAY with his bar association and have his license stripped for engaging in such a illegal act!! Not to mention, all the other laws they possibly broke.

This is getting beyond ridiculous !! I bet you anything the SGAE is funded by the RIAA. Bastards

59 May 28, 2009 at 20:08 by Nigel

This is when you greet these asshats at the door with a fucking hammer.

N.

60 May 28, 2009 at 20:32 by Sentient Meat

The law should crash down on SGAE if it’s shown their action illegal. If not, then the Spanish people should be very concerned.

61 May 28, 2009 at 20:34 by Anonymous

“Allow us to introduce computer science student, Juan Jose Carrasco Colonel. The 26 year-old resident of Bonar, Spain, lives with his parents…”

ROFL, of course he lives with his parents! why even bother to mention such a given?

also i have to correct some of you, legally speaking, in regard to the laptop, it WASN’T STEALING so long as he isn’t permanently deprived of it. if one day, he gets it back, then obviously it was just SHARING…

62 May 28, 2009 at 20:37 by rusty620

lol man if i was jason statham i would’ve kicked their asses out of my house, NO ONE raids my house without identification n why

63 May 28, 2009 at 20:41 by phishybongwaters

hey voluntarily let them in, and voluntarily gave them his laptop while voluntarily letting them investigate his computers.

No sympathy from me, if you are gonna try to play with the big boys, you’d better know what side of the law you are on, and what your countries laws regarding this matter actually are.

They wouldn’t have placed 1 foot inside my house.

64 May 28, 2009 at 20:43 by Biggs

WHAT FUCKING DOUCHEBAGS
fkn ppl like that make me so mad. why dont they just mind their own fucking business and leave this poor man alone. who cares about torrenting? its still gonna go on, even if some crazy motherfuckers come and try to harass ONE person. i think THEY should be put on trial. fkn assholes.

65 May 28, 2009 at 21:06 by Anonymous

“Allow us to introduce computer science student, Juan Jose Carrasco Colonel. The 26 year-old resident of Bonar, Spain, lives with his parents…”

In Spain, it’s quite common to live with your parents until you’re 30 or more. This is due to cultural and economic reasons. Social: In Spain, living in bigger than nuclear families was the norm until recently. So living with your parents is nothing unheard of. Economic: The price of state in Spain is unbelievably high. You complain about the price of housing in the USA? Hah! Even now, with the crisis/recession the prices are ludicruous.

On a different note: SGAE, AKA $GAE knows no limits and will happily do wathever you let them do and ten-fold more.

66 May 28, 2009 at 21:06 by Tard

Is Doc Collins gonna have to smack a bitch?

67 May 28, 2009 at 21:08 by kyle

JAIL THOSE SUCKERS!!! STUPID PEOPLE !! JAIL THEM!!!

68 May 28, 2009 at 21:09 by revolution

WTF???? O.O

Who the f*ck do they think they are??

If this had happened here in Louisiana, I would have had the right to shoot them without warning as soon as they’d have landed a foot on my property.

What’s more concerning than those guys illegally coming into the guy’s house is that this clueless 26 year-old probably represents the vast majority of what makes the front line of P2P’s future. Sad…

Corporate guys will win this battle if guys like him don’t google the legal aspect of what they’re trying to defend. Saying : “F*ck RIAAtards” is not enough.

69 May 28, 2009 at 21:13 by HappyPirate

If anyone ever had any doubt about who the real criminals are…

70 May 28, 2009 at 21:19 by Alex

What I find most incredible is that this dude is 26 and fell for this crap.

71 May 28, 2009 at 21:27 by diarRIAA

Guilty until proven innocent.

72 May 28, 2009 at 21:37 by Wolfy

“Hello, we am big-time lawyer *wink wink* working for people who is wanting you in jail. Please, let us allow us in your house without police officer man/woman to let us find evidence.
OH!!!!! You give us laptop!!!! Me am thanking you very very much!!!! One advice word: LUBE!!!!!!

73 May 28, 2009 at 21:38 by Emmanuel Goldstein

You should never allow anyone into your home. Unless you see a search warrant specifically issued by a judge. Always examine all search warrants thoroughly to protect yourself from unreasonable legal seizures. A search warrant should include a specific list of the areas that can be searched and the types of property that can be seized. Officers can expand the scope of their search only if probable cause exists, illegal items are viewed within plain sight or an additional search warrant is issued by the court.

And never ever volunteer information or give them equipment. Any IT tech worth his salt can uncover files that have been deleted, but not written over. Always good to shred any information store on your computer.

74 May 28, 2009 at 21:52 by Anonymous

I just love well the industry screw things up!

Next year well sales drop another 50% they have no one to blame but themselves LoL

75 May 28, 2009 at 21:53 by Anonymous

oops! correction.

I just love when the industry screw things up!

Next year then sales drop another 50% they have no one else to blame but themselves.

76 May 28, 2009 at 22:16 by Go Juan!

Juan don’t give up anything to these thugs!! Send them to hell where they truly belong!!

77 May 28, 2009 at 22:22 by Up the Pirates

Time to call the police I think, there are charges here that need arrests to be made.

For once the “Pirate” has the law on his side he should ride it for all its worth right down their throats and demand every bit on money he can using the sort of maths they would use.

1 lap top = 1 Million bits of information per min / Each bit is potently 1 lost $ / Means they owe him 1 Million $ per min.

That’s the sort of maths they use :-)

To quote Monty Python

“No one expets the Spanish Inquisition”

78 May 28, 2009 at 22:27 by Alex

Those sonsabitches
It just proves that these guy’s have to be illegal to try and “prove” anything!
Well, that’s that, time for war

79 May 28, 2009 at 22:35 by Anonymous

Who the fuck does SGAE think they are, their own private police force?

The MAFIAA breaks, scorns, bends, and abuses the law to their heart’s content. That’s nothing new.

But this is the first time I’ve ever heard of the MAFIAA actually sending a gang of thugs to show up at somebody’s house to literally commit attempted robbery, using lies and fake warrents to gain entry. Since the law won’t cooperate with SGAE, it looks like SGAE has decided to ignore the law completely and declare themselves the new sheriff in town.

Or rather, the new Cosa Nostra in town.

If the Spanish court system has an ounce of justice to it, and all signs point to ‘yes’, I do NOT foresee this ending well for SGAE.

@A drooling retard wrote:
“also i have to correct some of you, legally speaking, in regard to the laptop, it WASN’T STEALING so long as he isn’t permanently deprived of it. if one day, he gets it back, then obviously it was just SHARING…”

No, my little shortbus jockey. The reason it wasn’t stealing is because he VOLUNTARILY gave them the laptop. You really have no clue what the word “stealing” means, do you?

I mean you really have absolutely no idea whatsoever.

As for WHY he voluntarily gave them the laptop, it was likely on the advice of his lawyer to make it difficult for SGAE to deny the incident ever happened. But I’m sure this explanation is lost on you since I wasn’t talking slowly in a funny voice and using hand puppets.

80 May 28, 2009 at 22:46 by candid

i recommend people who run servers and such – install hidden cam(s) just in case of some strange activity around you or your equipment. The record can be used as evidence, if not – we can make those “lawyers” superstars, worldwide, immediately

81 May 28, 2009 at 23:13 by Jorge

Ok guys, I’m from spain so I’ve read the original post by Juan in his blog.

First of all, the reason he gave his laptop to them is because he was supposed to give it anyway in court and he have documental prove of giving it (I don’t know the word in english for the spanish word “acta”, I think is record of evidence).

Second, of course he was a little naive (he recognise it) but you have to see it as it is. If some “lawyers” come to your house, after you’ve been sued, with something that looks like a warrant… you probably will cooperate to while you call for your lawyer. Of course you wouldn’t want to get in trouble. Specially when you have nothing to hide (as hosting ed2k links is NOT illegal in Spain).

Just imagine the warrant would have been, somehow, legal. He could be in trouble just by refusing to allow them to enter.

When he was finally able to speak with his lawyer he could kick them out as he did.

The sad part is that, even if he sues them and he wins, it won’t practically affect the SGAE itself. Nontheless, with this kind of things, the popuplar opinion agains the SGAE grows, and so does the “mafia” aura around them, even among people who are not “geeks”, computer literates or whatever… which is kind of good because sooner or later they’ll fall

82 May 28, 2009 at 23:16 by Ghostofchris

WTF, the “expert” needed a password…

83 May 28, 2009 at 23:51 by Anonymous

These anti piracy groups are the REAL criminals, they act as if their the police with a warrant to search his hard drive
what bullshit

84 May 28, 2009 at 23:55 by Jet Melo

Not surprising but what an idiot why would he allow them to take the laptop even after knowing they didn’t have a warrant.

I would have asked them first off whether they had a warrant. Failing that I’d immediately call mya lawyer. This guy is just really naive or dumb.

85 May 29, 2009 at 00:02 by Bouncer

lol they ain’t pulling that shit with everyone,eventually they will get beat down lmao

86 May 29, 2009 at 00:24 by GrX

this is one of the reason i have said all along everyone in the world not just people in the usa should have the right to bare arms,

the whole reason this kind of things happen to these people because these assholes who think they are above the law know no-body can do anything about it because of the stupid laws we have in this world about holding a firearm.

if a robber or these idiots actually did this knowing everyone may have a firearm in their house to protect themselves

do you really believe half of this would happen.

would you try to rob someone’s house if you thought or knew the person in that house had a firearm.

the big bang anarchy is coming mark my words people will just get sick and tired of all this bs and start to fight back anyway they can.

87 May 29, 2009 at 00:26 by Anon

If the RIAA tries this shit in America, forget the fifth and fourteenth amendment, they’ll be dealing with the second.

88 May 29, 2009 at 00:58 by Barse

@65

The price of property in Spain is cheap. Why do you think we buy them?

Barse (UK).

89 May 29, 2009 at 01:03 by Rabbit80

Dont ya just love truecrypt – “Of course I will give you my password…” – just give em the wrong one so they see nothin but my “safe” partition!

90 May 29, 2009 at 02:11 by Anonymous

For those that like to link intelectual property to physical property there is something called “Adverse possession” where people hold the rights to a property in a “de facto” manner contrary to the guy who holds the paper saying his the owner and in most of the world those rules apply including inside the U.S.

So if the people hold the de facto rights to the music the original owners already lost that ownership it belongs now to the people (the public domain) because they proved time and again that is theirs and there is squat that copyright owners can do about it.

ECHO (Actual, Notorious, Exclusive, Continuous, Hostile, Open).

91 May 29, 2009 at 02:35 by Gordon Freeman

They didn’t really do anything illegal, though it was deceiving

92 May 29, 2009 at 02:46 by Truth

Wow, this “Juan” is really dumb.

93 May 29, 2009 at 03:01 by Use Your Brain?

Whats up with these americans and their fire-arms?

“if a robber or these idiots actually did this knowing everyone may have a firearm in their house to protect themselves ,do you really believe half of this would happen.”

Ever heard this saying?:

“If your opponent brings a gun to the fight, you bring a canon!”

Political change is needed, not frenzy murdering. As @81 – Jorge, is saying, this will only bite them in the end, fueling public outrage, consequently bringing substantiel changes to society. They are shooting themselves in the foot…or head more likely :)

94 May 29, 2009 at 03:03 by PetFoodz

Albeit they were let into his home.. They falsely represented a warrant.. Im sure this will bare some sort of legal bounds.. Unless it states we have permission to blah blah when you voluntarily let us in your home.. Which it most likely does..

I hope he prevails none the less..

95 May 29, 2009 at 03:54 by Jeff

First of all, I hope something like this happens to #32 (the only troll comment here). What goes around, comes around.

Second, if this were a US court case, it would thrown out because the evidence was gathered without a proper search warrant. The SGAE, while part of the MAFIAA, are acting a lot like the real MAFIA here.

I’m not sure about the laws in Spain, but I would think that the way in which their so-called evidence was gathered invalidates their entire case. Anything claimed from such evidence had better not be allowed, and the lawyer for the SGAE disbarred.

In some ways, this incident makes the SGAE look worse than MediaSentry.

96 May 29, 2009 at 04:04 by PetFoodz

Some people think that this would be thrown out in US courts etc…

When police show up at the door and you let them in they are now allowed to go about their buisness(party etc) .. I don’t think it would be thrown out etc since you let them in willingly.. Although if they falsely represented a warrant I hope that it would..

97 May 29, 2009 at 04:31 by AntiMatter

That’s unbelievable. The nerve of them! Taking advantage of people like that.

amtech.exofire.net

98 May 29, 2009 at 04:41 by nawap

Sue the bastards, sue the living fuck out of them. If theycan go to court then si can we. Go ahead…..sue them

99 May 29, 2009 at 05:03 by Rekrul

Re: #25, Fecking Irate;

“It has finally come to this…these SGAE people should be publicly flogged by a band of rabid teenage wenches.”

Public flogging by rabid teenage wenches? How do I join SGAE? ;)

Re: #93, Use Your Brain?;

“Whats up with these americans and their fire-arms?”

Being able to protect yourself beats waiting for the police to show up, hopefully in time to save you.

100 May 29, 2009 at 05:48 by anon

If TF admin reads this comment, you guys should iReport this kind of thing on CNN and send these articles to major newspapers, like, for example, The Guardian, El Pais, La Reppublicca, Liberation, Spiegel etc.

This is crazyness. And can someone tell me how “stealing” a (maybe) 30 dollar movie should be punnishable by a 150 000 dollar fine? what ever happened to cruel and unusual punnishment?

101 May 29, 2009 at 06:07 by deathracer

this would never happen in the ghetto, i doubt they would even dare to show up on my block let alone in front of my house. i would scare these ppl ****less just by the way i answer the door sometimes yes i try and scare everyone that knocks on my front door wearing a suit. plus we know the laws in the ghetto.

102 May 29, 2009 at 06:57 by Jimmy

#81 – Jorge – This guy Juan was still dumb to be intimidated by a “lawyer” at the door asking for his property. My employers have been sued and had process servers come to my work with subpoenas requesting all sorts of things. First thing I do is call the defense lawyer and if he says “don’t give them anything,” I don’t. The plaintiffs need an order from the judge to force you to turn evidence over.

103 May 29, 2009 at 09:37 by Anonymous

Dumb/naive guy + aggressive corporate thugs = invasion of property.

104 May 29, 2009 at 09:41 by anon #2

Jesus!…. im shocked and appalled about this, if nothing seriously happens to the people involved and SGAE itself i will loose all faith in the legal system

105 May 29, 2009 at 09:46 by Lefa

I don’t think that there is a country where people who are not accompanied by a police officer in uniform or one to present a badge, can conduct anything like this. Just don’t let them in, ppl!

106 May 29, 2009 at 10:32 by Forget calling the police

If it was my home, they’d be leaving by ambulance or coroner.

107 May 29, 2009 at 11:46 by Troberg

The correct thing to do is:

* Contact your lawyer.
* Have the lawyer confirm that they have no right being there.
* Order them to leave.
* If they don’t leave, order them to leave, and inform them that they will be forcibly removed if they don’t leave.
* If they still don’t leave, forcibly remove them.

108 May 29, 2009 at 12:18 by Sendaii

Wait, wait, wait, ann anti-pircay GROUP raided his house, not the police? I think there is room for a lawsuit here.

109 May 29, 2009 at 12:19 by SGAE

SGAE in all fields

110 May 29, 2009 at 17:48 by phazik

Know your rights…..

111 May 29, 2009 at 17:51 by storm

…If I were to understand this correctly from the passage below:

“…gave him the impression that they had a warrant…”

it mean they give him some very complicated document and most probably, ask if they can search his house.

If I’m correct, that mean they didn’t specifically say it’s a warrant and this in turn mean, the guy ‘willingly’ let the ‘computer experts’ in.

Which then mean, he CAN’T sue them.

…or i could be wrong. Anyone care to enlighten me?

112 May 29, 2009 at 20:45 by Frank

Wow this guy is really naive.

113 May 29, 2009 at 20:54 by Nutman

The guy let them into his house. Absolutely nothing wrong was done here. I understand that we all hate anti-P2P groups around here, but come on this is a non story. Everything they did was very obviously legal.

114 May 29, 2009 at 21:16 by anonymous

i would not let them in my house

115 May 29, 2009 at 22:25 by Anonymous

SGAE are criminals. Belong in jail.

116 May 29, 2009 at 23:19 by Robert

Just a hint of what to come from the Media MAFFIA, it shows super clear why parties like the Swedish Piratpartiet MUST get voted into a position of control.

And watch the Government doing nothing against these (SGAE TERRORISTS)

117 May 29, 2009 at 23:36 by Anonymous

The guy let them into his house. Absolutely nothing wrong was done here. I understand that we all hate anti-P2P groups around here, but come on this is a non story. Everything they did was very obviously legal.

So if you let me in in your house I can go to all rooms, search every cabinet and take your computer and it’s legal when I’m not even a police officer?

118 May 30, 2009 at 01:00 by tedjones

Thankfully we have the right to bear arms!!! ……… Let them try that crap here in the good ol’ USA!

119 May 30, 2009 at 01:02 by tedjones

When seconds count always remember the police are minutes away!

120 May 30, 2009 at 09:10 by fred

“The guy let them into his house. Absolutely nothing wrong was done here. I understand that we all hate anti-P2P groups around here, but come on this is a non story. Everything they did was very obviously legal.”

they showed a document pretending it was a warranty, then they intimidate him;
so no legal at all

121 May 30, 2009 at 16:17 by Ben Hurr

They pretended to be the authorities, broke into this mans home and invaded his -families- privacy.

Anything less than straight up jail time for these folks wouldn’t be enough. ;o

122 May 30, 2009 at 16:20 by RIAAtard

Well if he is smart he and the lawyer with have them charged with perpetrating a fraud. They lied about having legal documentation allowing them entry to the premise. They then removed property based on that which now becomes theft as well.These copyright lawyers should check into the criminal code then they’d know that copyright infringement at best is a civil matter and in Spain it isn’t even that. You can’t collect money from the sale on blank media, ipods, etc to cover piracy and then sue them as well.

Juan sue them then put the cash into upgrading your sites and servers with a nice little sponsored by SGAE on the site.

123 May 30, 2009 at 16:23 by yais

he should take lagal action himself imo.

124 May 30, 2009 at 21:05 by Anonymous

“Well if he is smart he and the lawyer with have them charged with perpetrating a fraud. They lied about having legal documentation allowing them entry to the premise. They then removed property based on that which now becomes theft as well.”
———–

teenage armchair lawyering FTL. maybe stick to things you actually DO KNOW about, perhaps social phobias, abject loneliness and basement feng shui?

125 May 30, 2009 at 22:28 by Anonymous

why do i get the feeling that most people droning on about guns are below the age requirement to own one?

126 May 31, 2009 at 01:44 by el90

me to lawyer over phone “whats the deal with unwelcome visitors to my home… oh if they are not invited in I can defend my property…”

me to guys “you are not welcome here”

me to guys “you are not welcome here”

me to guys “in five seconds I’m going to find the largest blunt thing…”

127 May 31, 2009 at 04:34 by JIT

It’ll be real interesting to see what happens, what with politics being so … questioned.

But, I bet ‘em odds makers make the safest bet though, betting on all ‘em trolls. :p

128 May 31, 2009 at 08:43 by Bloodyscot

Depending on how they word it, this could be legal. How many people know what a search warrants should look like, many court papers look the same. I’m sure they had court papers to gather evidence, they may have trick him into letting them in but the lawyer and an expert are aloud to gather evidence. Always get the police there, which in most casts have to be there if they have a search warrant. This is wrong but police search cars all the time by just asking and hinting that they will toll the car in then get a warrant. ALWAYS CALL YOUR LAWYER OR THE POLICE BEFORE LETTING ANYONE IN YOUR HOME. Even if they are the police, call the police to be sure.

129 May 31, 2009 at 16:46 by o???

To all people who just said “how naive”.
You clearly have never been confronted to such situation so stfu.
If a lawyer threatens you with a big fine and shows you a document of several pages that you understand only partially then probably it’s better to cooperate.
Now that it’s done, his cooperation will probably be in his favor as they clearly abused their power.
Thanks to this guy for being a p2p server admin.

130 Jun 01, 2009 at 21:14 by law is ANTICHRIST

@129 i dont say how naive i say how stupid!!!

for someone supposedly smart enough to run a site dont even know how to read?

the usa has long since been a socialist country… when ever i come across legal authorities i make sure i have my camera running (cell phone has one) and when asked to shut it off (they will demand it) i simple tell them sorry they will have to deal with it until our dealings are completed for my protection!!! they legally can not do anything to u for doing it…but they will demand u put it away…

you ppl better wise up it will only get worse!!! there is no such thing as cooperating with ppl like this… u cooperate with ppl with a common goal which we do not share with them…their goal is to put u in jail… make u out to be the criminal…and the legal system is on there side… the only thing we have is the written law… but u have to pay to have that for protection…

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