Anti-Piracy Group Throws in the Towel, Pirates Walk Free
Written by Ernesto on November 07, 2009Following several legal setbacks, a Danish anti-piracy group which represents the music and movie industry, has announced that it will stop going after illegal file-sharers. The outfit came to this decision after it lost several court cases against alleged copyright infringers.
In Denmark, the local anti-piracy outfit Antipiratgruppen has given up on trying to get illegal file-sharers convicted and has announced that it will no longer take them to court. This decision is the result of Antipiratgruppen’s inability to gather solid evidence, which has resulted in several lost court cases in the last year.
“It requires very strong and concrete evidence to have these people convicted. We simply could not lift the burden of proof,” said Antipiratgruppen lawyer Mary Fredenslund when explaining the decision to Politiken.
In just a year, four cases against alleged pirates have come before the High Court in Denmark and the overall result for the copyright holders has been negative. Three of the defendants were acquitted due to insufficient evidence, and in the one case where a file-sharer was convicted, the defendant had confessed.
Defense attorney Per Overbeck says that in addition to these outcomes, cases against two of his clients have been dropped in recent years. “Antipiratgruppen has acknowledged that they can not get people convicted without either catching them in the act or threatening them to confess,” Overbeck said. “In practice, this means that without a confession there is no case,” he added.
Per Overbeck and Antipiratgruppen’s assessment that recent High Court rulings make it virtually impossible to get individuals convicted for illegal file sharing are supported by a recent Government report from the Ministry of Culture.
According to the report, IP-addresses can only be used to identify the person paying for the Internet subscription, not the person who actually downloaded the files. The courts have ruled several times that in terms of evidence, an IP-address alone is insufficient to prove guilt.
In one case a defendant walked free after arguing that that someone else must have accessed his wireless router to download copyright infringing material.
Despite these legal setbacks for copyright holders in Denmark, it is worth noting that Danish anti-piracy tracking company DtecNet remains the main partner of the RIAA and other music groups in countries where governments are looking to implement three-strikes policies to get alleged file-sharers disconnected from the Internet.
The evidence DtecNet gathers also consists of just an IP-address. Indeed, there is no known anti-piracy method to discover who is sitting at a particular keyboard, on any particular computer, at any given time.
In the on-going trial of AFACT v iiNet, DtecNet gathered the evidence used in the case. Under cross-examination a computer forensics investigator – who was previously a key witness in the 2004 KaZaA trial – admitted that any ISP account could have multiple users in the same household, and could have other unauthorized 3rd-party users if a wireless router was compromised.
Previously: Game Developer Promotes Game on Torrent Sites
Next: Anti-Piracy Group Responds to Media, Not DRM Breaker
53 Responses (Add yours or TrackBack)
Now the wind’s blowing in a different direction !
too bad :-)
First?
about time it was conceeded that a person cant be found guilty, just because one side says he/she is. now the rediculous ‘3 strikes’ law needs to be kicked out completely and new, sensible business models put in place that will benefit EVERYONE. but then again, i am trying to bring facts and common sense into the equation! not much hope then, i suppose
IMMA CHARGING MALA>ZAAA
At least these morons have finally figured it out.
In the case of trojans, rootkits, and botnets, if a person gets infected and the computers on their network join a botnet. Then those computers are given commands to take part in a DDoS attack against a website. The people who actually own that computer wouldn’t be sued just for not knowing what was actually going on.
It’s much the same as this.
If there was a precedent set in which an IP address was enough to convict, people would simply compromise web servers and computers more than they do now, download the files to that server. Maybe specifically to convict and destroy someone they don’t like’s life.
Before you argue against this, think about this: rootkits are specifically designed so as to ensure anti-viruses do not detect them.
Every virus out there can’t be detected, it’s simply the known ones that can.
Not every worm can be stopped.
Every system can be broken into, all it takes is time and persistence. As it’s been proven time and time again.
The ramifications of having a court case won based simply on a IP address are far reaching indeed.
Maybe someone should use the websites or computers of people who are still trying to go after people who download and believe that an IP address is enough to convict to do something bad on.
I wonder how long they’d keep singing that tune.
“It requires very strong and concrete evidence to have these people convicted. We simply could not lift the burden of proof,” said Antipiratgruppen lawyer Mary Fredenslund.
“…the burden of Proof” hmm. You raise a good point there Ms. Fredenslund, why don’t we just skip that inconvenient “proof” thing and just convict people based on how we are feeling that day instead?
/sarcasm
These are the kinds of people that make policy by settings precedents? really?
Another epic win.
Yesterday IFPI get bitch slapped today this… Christmas is coming early this year!!!
Note: IFPI Denmark did not give up.
2 many good news worry me <_<
Can anyone say…
“You try to stop us with a final blow, but these are the new times- guess who’s gonna win? The pirates set sail, on the ever changing winds!”
$post:
he he.. this is getting better.. But there is never light without darkness… Just hope the darnkess is about to come is not too dark and not too long.
@11: You may want to rewrite that sentece… is hard ot understand, tho I agree.
Quote:
““…the burden of Proof” hmm. You raise a good point there Ms. Fredenslund, why don’t we just skip that inconvenient “proof” thing and just convict people based on how we are feeling that day instead?
/sarcasm
These are the kinds of people that make policy by settings precedents? really?”
It’s a poor translation and your interpretation is not correct.
Burden of Proof = Bevisbyrden. In the danish interview – the advocate does not think the proof garauntee is the problem – rather that in these specific cases the amount of evidence needed to convict a filesharer cannot be produced from a single IP adress.
The danish laywers are professional people and not witchhunters.
I’m danish and this is making me proud of being so :)
arghhhh
Captain Morgan is proud ;)
I want to shake their hands
@11 NICE, Thats my new quote now!
Don’t celebrate too fast.
This article was the first in a series. The third article is devoted to the IFPI DK and their demands for a ‘3 strikes’ policy. It’s the same old story. IFPI(Danish RIAA) has little success prosecuting individuals, so decides to lobby for punishment after accusation, thus avoiding the tiresome problems of proof of evidence and trial.
The translated thgrid article can be read here http://translate.google.com/translate?hl=en&sl=da&tl=en&u=http%3A%2F%2Fpolitiken.dk%2Ftjek%2Fdigitalt%2Farticle828759.ece .
This series of articles is just softening up the Danish public, preparing them for the ‘3 strikes’ policy that has been discussed and prepared by the industry and politicians over the past half year.
huge success
O happy day
http://www.youtube.com/watch?v=XW0Y4s4GScw&feature=PlayList&p=94A598F31A02111F&playnext=1&playnext_from=PL&index=98
Nooooooooooooooooooooooooooooooo!!!
this is a great day! party time! :-D
@Baracuda,
if you like “o’ Happy Day” you gotto love it from Sister Act, the kid takes such an amazing and perfect note:
http://www.youtube.com/watch?v=SLY7yI1xV-M&feature=PlayList&p=94A598F31A02111F&index=99
There is also another reason that most people forget and that is TPB has already stated that they insert random IP addresses into the tracker.
IP addresses cannot and will never be proof of anything.
now… where`s my copy of backtrack? I can see a WEP wifi AP near me :D
This seems kinds sad actually. I mean…why be a “pirate” if you don’t have corporations, lawyers and copyright cops potentially catching you everytime you download something?
You take away the danger and rebellious element…then all the fun is gone. You might as well sit at home on your arm chair with a seatbelt on and just PRETEND you’re on the scariest roller coaster ride you’ve ever experienced. Or how about taking the wheels off your skateboard? No danger and no rebellion = no fun.
If I lived in that country being a pirate would stop being fun. Heck might as well buy everything from now on. It would be really Boeing and pointless being a pirate if the RIAA/MPAA took away the danger and rebellion from me.
Long live piracy and the RIAA/MPAA/sometroll/Reasoned Troll/.neo.troll!!!
Boeing = boring.
Gosh I hate iPhone autospell check!! xD
I see some people finally got wet and smelly enough to conclude that pissing into the wind doesn’t help them!
Good for them.
My comments (in Danish, use an online translator) on the articles in the Danish newspaper Politiken: http://www.pladderbranchen.nu/2009/11/07/politiken-saetter-fokus-paa-piratkopiering/
This needs to be the example for the world!
Way to go Denmark!!!
One small step for man, one giant leap for mankind.
satisfying….nuf said
Just bring your cases to the UK. These puppets will convict you and not even need an ip address!
Probably using CCTV cameras spying through your windows watching which sites you are surfing!
Where are all the Neo Trolls? No comments from them when they take up their (__!__)!
That should read “take up it up their (__!__)”
Got to add an edit feature to the comments TF for all us fumble fingered users.
Awesome! Two awesome news in one day is too damn good!
Hope that Danish group engages in teaching the industry how to work with their consumers.
As for the 3-strikes stuff, it’s a matter of time till it proves completely inefficient if it gets approved. Not only their sales will not go up as they expect (if the sales actually go up) but a black market of pirated physical media will flourish and several appeals will pop up in the legal system of people telling they were not the ones that downloaded (that their wireless routers were hijacked and so on).
Not to mention real heavy file sharers will go underground and keep sharing.
Evolve people, laws only work when people agree with them. Right now only MAFIAA and merry friends (and the people they stuff money in the @$$) are the ones that agree with this. Open your eyes, find other business models.
I’m guessing that the one guy who confessed is feeling pretty stupid right about now. :P
Disclosure: I’m on the fence regarding piracy. I see it as theft, though I certainly take exception with many of the legal proposals, and in fact am a habitual offender.
The problem is simply that business never understood the ramifications of a global internet, and didn’t push to lock it down when they had the opportunity 20 years ago.
If they has invested the time an money early on DRM could have been built into the system end to end.
Now we’re seeing desperate ham fisted attempts to put the genie back in the bottle.
It’s just too easy to pirate, and too hard to get caught, for most people to avoid. Deep down, most of us have a fairly larcenous heart when no one is looking, or everyone else is doing the same thing.
So, the music industry fiddled while their empire burned.
We are the torch bearers.
It’s normal for whole industries to die out over time, but I think we euthanized this one a bit
prematurely.
So, if you leave your door open and you catch someone trying to steal from you them, you’re the one who should get charged? If they had done that, people would have done exactly what they are doing now : complaining that they are acting like dictators and “trying to control them.” We gave pirates the benefit of the doubt. We gave them the entire internet to use as they saw fit. They used it for theft. They blew their trust.
What strong evidence? Doesn’t the ISP or the pirate site they were using keep logs of some sort?
@25 diarRIAA
Quote: “You take away the danger and rebellious element…then all the fun is gone. You might as well sit at home on your arm chair with a seatbelt on and just PRETEND you’re on the scariest roller coaster ride you’ve ever experienced. Or how about taking the wheels off your skateboard? No danger and no rebellion = no fun.”
#1 I don’t like roller coasters cause I’m afraid of heights.
#2 I don’t skateboard cause I have poor balance.
#3 Have you seen a psychiatrist lately?
Really….You think it’s fun to download copyrighted stuff with a risk of getting caught? What’s wrong with you? So….You like the risk of an anti-piracy group falsely accusing you of something based on your IP address alone? Cause that’s what happens alot. Wasn’t there an elderly couple accused of downloading gay porn a while back?
I don’t download because of a risk of getting caught. I do it because I want to do it. Simple as that.
Finally something about my country to be proud of. Too damn long since i had that feeling the last time!
Rally the pirates of Denmark, vote to put the PiratPartiet (Danish pirateparty) in the Folketinget (national parliament of Denmark).
Yarrgh!
@ 15 – lolz
arghhhh
Captain Morgan is proud ;)
I’ll drink (captain morgan rum) to that! :)
@ 15 – lolz
arghhhh
Captain Morgan is proud ;)
******************************
I’ll drink to that! :)
(captain morgan rum)
they say i murdered someone but they dont know who was killed and if it was me who killed him or her. but i must be guilty cause i own a knife lol this whole piracy thing is making me laugh.
no victory for the anti-pirates means we dont get chastized by reasonable idiot troll, neo homo troll, and somefairy troll.
itis a good day when these three pro industry hacks have to hide from their embarrasment and dont have the guts to face the torrentfreak crowd.
i hope they stay away cuz i cant help but feed them when their around.
@43 (.)(.)
It’s because they are scurrying like the rats they are trying in futility to patch the holes in their sinking ship that was just blasted into them.
A few more broadsides like this and the likes of people like Henrik Anderson will drive them onto the reefs.
Anybody up for a boarding party?
Arrgh!
@38
Well I do it to annoy the he’ll out of the RIAA/MPAA/sometroll/.neo.troll/Reasoned Troll. I can actually afford to buy movies and music but am making a choice NOT to support fascist corporations.
xD
it is wise to drop now rather than being shoot later as this might happen in the states.
@25 & 45
I am making a choice NOT to support fascist corporations also if I could.
I don’t just go after everything on the top list, although sometimes I do. The reason I download some on the top ten list though is because if they are very popular & the ratings & user comments are good I can manage to find the time to watch the vids or just multitask & do two things at once.
I often back up the old content (ex: 1952 movie etc) due to copyright being abused and the mafia/cartel wanting older stuff removed from the web because it provides competition that they don’t like perhaps due to the fact that the copyright is expired. They would rather claim copyright and have it removed rather than let some of those great older movies be available.
Well not a problem though, been serving up files @ 1gb/sec & providing lifetime retention of many titles/other works also since I noticed the cartel doing this. The problem was that often when I wanted to download something, when I went to download the torrent I would get “page not found”. So rather than just be sol, I decided, hey why not serve them up @ 1gb/sec & provide lifetime retention & be free for all? So why the mafia does take some things that are great off of sites like http://www.mininova.org, the files are now permanently copied & served up for a lifetime on select chosen works. This is great for when the file has no seeds/peers & it is not available elsewhere. The older files are great btw on many works.
Ya just got to know where to look to get the goods. This is especially a great service.
Don’t forget to share & ed2k/kad & bittorrent or whatever your method of sharing is.
Sharing is caring. Skru3 Tha Cartel!
@Reasoned Pirate
I also share older movies. They actually have plot lines and character development in them. Some of the best flics are the old ones.
Sadly I don’t have the speeds your talking about, but still I share just the same and will as long as I breathe!
Screw the NWO!
I’ll buy a Danish flag.
That is why lables are hiring teams to upload infected downloads to torrent sites to put some cost back on the theives for hardware replacement. I wish major bands would just stop making music for a year and see the crap you have then or implement a charge by bandwith volume that is paid to artists. Who cares anymore really half the music is crap and the rest is older music.We have a weekend warrior musician soceity that flames out by 25….good riddence and keep that day job.
Denmark is now officially my favourite country.
It’s unbelievable that it took these people 10 years to figure out that economic paradigm shifts are bigger than them
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