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Anti-Piracy Investigator Bemoans Lack of Training, Meddling By Lawyers

An investigator who worked for the anti-piracy outfit behind Finland’s Pirate Bay ISP blockage and two file-sharing cases where defendants collected huge fines, has been speaking of his lack of training at the organization. The man also says that he was so uncomfortable with the heavy modification of file-sharing related witness statements he created for the police, in the end he refused to sign them.

This week we reported on the conclusion of file-sharing cases against two men in Finland. A 36-year-old man was sentenced to four months in prison and a 326,734 euro ($432,955) rightsholder compensation bill, and a 22-year-old received a punishment of 220,077 euros ($291,625).

The outfit that brought the actions is known as Copyright Information and Anti-Piracy Center (CIAPC). Better known locally as TTVK, this anti-piracy group also successfully forced Finnish ISP Elisa to block The Pirate Bay.

TTVK also track individual file-sharers in pursuit of cash settlements but according to one of their employees who worked in anti-piracy tracking, he had less than optimum confidence in their operations.

MikroPC quotes a statement given to the police by Jaakko Nurmela, a man who worked at TTVK as a file-sharing investigator.

“I did not receive all the training I asked for,” said Nurmela, adding that he couldn’t be sure if the results being produced by the company’s surveillance software were correct. As highlighted in yesterday’s report, innocent people have been wrongfully accused.

Furthermore, Nurmela said he refused to sign a witness statement on behalf of the anti-piracy group because its lawyers interfered with his statement so much he felt that in the end it was no longer his testimony.

“Originally it was supposed to be a nearly 50-page report, where the whole thing was to be described and explained,” said Nurmela. “What I wrote was my opinion, but the main structure and all additions, modifications and edits came from [TTVK Managing Director] Antti Kotilainen and [TTVK lawyer] Jaana Pihkala. In fact, I felt that it was no longer my statement anymore, so I refused to sign it.”

Nurmela also gave some insight into how investigators like him gain access to private Direct Connect sharing hubs similar to the ones ran by the two men at the start of this article.

Usually hubs like these will insist that new members are only accepted if they are prepared to share lots of their own material too. The theory here is two fold – 1) that the range of material available on the hub will increase and 2) people sharing illicit files will also get themselves into trouble should they be an undercover investigator.

Nurmela was clearly concerned about his personal exposure in this respect and asked TTVK to get him written permission to share copyrighted files in order to do his undercover work. None was forthcoming and he was simply told to go ahead and no cases against him would ever enter a courtroom.

So here was a man sharing huge numbers of files on a criminal scale, with a private company telling him not to worry since basically they control who does and who doesn’t potentially face jail and huge fines. Joonas Mäkinen of Finland’s Pirate Party isn’t impressed with Nurmela’s revelations.

“I can say that it is extremely interesting – and unforgivable – that the people who so vigorously watch after copyright infringements on the internet with the mandate of collecting organisations, the entertainment industry and thus indirectly that of the artists and creators, are doing this while lacking understanding of the very technology they are supposed to be using,” Mäkinen told TorrentFreak.

TTVK counter by noting that anyone wrongfully accused has the right to complain and they will see to it that an investigation is launched.

“It is good to hear that TTVK does in fact have some sort of process to handle totally misdirected cases but that doesn’t take away one of the main problems that a private organization is obtaining the personal information of internet users,” Mäkinen concludes.

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  • Torrentyguy

    Piratebay is shit !
    cmon all to http://www.deviloid.net/torrents.php

  • Anonymous

    Ok, so let’s see some justification for this from an anonymous non registered user on how this is protecting the artists and creators. Given all of the social ills that exist even in the first world nations, that so much of our justice system time and energy is wasted on this shit.

    • Anonymous

      Well, let’s justify it then (though I am not an anonymous unregistered user; sorry):

      1. The artists made a mind-blowing $10, and a bunch of lawyers made a pitiable half a million. Just compensation.
      2. The taxpayers were granted a $5,000 bill for the jail time and justice system employees. Awesome.
      3. Two citizens went bankrupt, but all the money they would have spent will be spent by the lawyers instead. No loss here.
      4. Jobs were created in the justice system.
      5. They wouldn’t have caught that murderer anyway.

      So you see, the positive net result of negative $5000 proves that these types of actions are dramatically improving the world, the economy, and are putting food on the table for all those starving artists.

      • Anonymous

        Touché :)

      • http://twitter.com/icanhazsake Ninja

        But, but… Think of the children!

        Who said it was about the artists? Pfft.

    • Slater

      Christmas with a good porn movie:
      http://www.deviloid.net/torrents.php

      • Guest

        Everybody start flagging ALL spam from Slater/deviloid(dot)net…

  • Jimbo

    there wont even be an investigation done over these allegations. too much money has been paid out by the entertainment industries to those that could instigate it. as for a wrongfully accused person having ‘the right to complain’, what a crock of crap! too late after some poor innocent has been disconnected from the internet, been taken to court, had to pay for a lawyer to defend against the allegations and then either fined or/and imprisoned. all because an industry refuses to compete with ‘file sharing’ and continues to blame any and all technological advances for it’s shortcomings. it isn’t even about ‘protecting the artists’ or anything/anyone else other than those industries, the execs and retaining control!

  • Anonymous

    Not obtaining written permission to share files on the Internet is certainly copyright infringement no matter who you are. TTVK is one organization who should know a lot better.

    It is quite possible seeing they had to share a lot of media just to join the network that they did release some new artist’s media into the system. In that regard TTVK certainly leave themselves open to be sued by the copyright owners.

    Also I am having large doubts if an organization can use evidence they collected while they were themselves breaking the law. They were technically doing no different under the law than what they accused them of. This is like two people robbing a bank at the same time with one of the robbers being the defence the other the prosecution! “I saw him do it” he says. Of course you did…

    Then this person claims he lacked training, despite being their technical investigator, then his boss and their lawyer modified his technical reports. Sounds in all like they are doing a mickey mouse operation.

    I am quite sure that the judge who made these convictions will be wanting to ask a few questions to ensure that these convictions are safe. TTVK is right that an appeal could well follow based upon exact facts in this case.

    • http://fightcopyrighttrolls.com S.J. Doe

      You are correct – in USA this tactics is not allowed under the “Unclean hands doctrine” – I’m sure Finland has something similar.

      • IDIOCRACY

        I think that is the reason why Elisa (Finnish ISP) does not follow up on the court order to block the Piratebay yet, The piratebay is still reachable from elisa subscribers (according to my Finnish colleages and customers). Guess it will anyway be followed by an appeal, then this “new evidence” will surely be taken in account. so…. lets see which IP adress from which Finnish MP is listed at the HOAX site we taked about here before. would be funny to mention that in the appeal too, Guess the point of view from Ter Suren (anti download / Torrent) is not really helped by his creation anymore. hehe

      • FinalApokylypse

        I know in NZ we have similar laws like the unclean hands doctrine (May even be under the same name o.O)

      • http://torrentfreak.com/ Rob8urcakes

        Good point sjd, and I too dunno if Finland also has this doctrine applied in it’s own common law principles.

        It’s spelt out clearly here -
        http://en.wikipedia.org/wiki/Unclean_hands

  • Johnny Lube

    Just thought I’d say this – little bit unrelated mind you. A anti-SOPA video is currently going viral me thinks: http://www.youtube.com/watch?v=JhwuXNv8fJM&feature=colike <3

    • Anonymous

      +1

    • Anonymous

      Nice but at 21 minutes it is an awfully long rant. This is reflected by the difference between the Views and the Likes in that only under 2% could complete the entire viewing.

      Anyway let us hope SOPA never becomes law. They did time-out on the last meeting but they will resume on Wednesday to try and get this one passed. What the opponents are trying to do is to add as many amendments as they can and delay the debate so it does time out. This bill stands a much harder chance being passed in front of a full House next year than it does when most members have returned home for the holiday.

      The best thing to stop SOPA now is to phone up the people opposed and insist that they be there on Wednesday to add yet more amendments. Or worst of all to be there during the vote which could make it law.

  • Anonymous

    Also, woot! SOPA delayed until REDACTED due to the rest of this comment has been removed to protect the artists, children and your freedom of speech.

    • http://twitter.com/icanhazsake Ninja

      Now we are talking. The children!!!

      Protect our children today so they can live in a better world tomorrow, free of the evil internetz and free speech!

  • Alyssa Blindy

    Well, well. Look what we got here? I have really not much to say because I already agree with the comments above; they said basically all that I can say about this. However, how come when I clicked the link for the quote, it took me right back to this article?

    • Anonymous

      That quotes page is here but it is in Finnish…
      http://www.mikropc.net/kaikki_uutiset/ttvk%20syytti%20syytonta%20piratismista%20jos%20maksuehdoista%20quotpaastaan%20sopuunquot%20valtat%20oikeuden/a735961?s=u&wtm=mpc-08122011

      One other aspect he mentioned is that he has never validated that the applications they use returns valid data and to exclude the possibility that the data is modified by the program.

    • http://torrentfreak.com/ Rob8urcakes

      Here’s a VERY rough translation (done by my browser translator) Alyssa-Babe

      CIAPC accused innocent Piracy: if the terms of payment “to reach agreement,” the right to avoid
      Defending the rights of citizens’ electronic Effi Association’s affairs in the Usenet discussion group , one person recently told me of a letter which his wife had received the Copyright Information and Control CIAPC ‘s legal expert.

      The letter indicated that the recipient of Elisa web interface was made ??in September of copyright infringement: the ip address was divided into 5 000 music pieces with Direct Connect peer to peer. The letter told that it would be “negotiable” if “payment terms to reach consensus.” Otherwise, the case could be brought to justice.

      According to the author’s message to the IP address of the current proprietor was accused of acts that he had not done. Offender ip address had only recently moved to the current holder, when he was given a new, faster internet connection.

      CIAPC’s Managing Director Antti Kotilainen, knows about this case.

      According to him, this is a letter that the recipient is requested to contact the CIAPC affiliated to any copyright breach.

      “When we find that a violation has occurred, the court may require the operator’s request, provide the data we need.”

      CIAPC: “Errors and unpleasant to us that the accused holding a letter”

      According to Kotilainen CIAPC was given to Elisha specific details on dates and times of the day such violations had occurred.

      The error is CIAPC’s done according to Elisa, who has given the old data ip address holder.

      “Such errors are very unpleasant for us and the person who receives a letter without a reason,” characterized by Kotilainen.

      “We must be able to trust that we will get the correct information. The responsibility for the accuracy of the information operator. We obviously can not have a right to access their asiakastietorekistereihinsä. ”

      Elisa: “We will process automatically”

      Elisa’s Chief Legal Counsel Anne Vainio, commented that the company can not comment in detail on the individual case. He thinks, however, that the false information in the background can be either the original court of invalid IP address or IP address of Elisa detection of human error occurred.

      “CIAPC receives IP addresses from Elisa to the holders of the information under a court order, and the district court to make a decision CIAPC the reported IP address. If the error is due to Elisa, and apologize to the customer caused resentment, “Vainio said.

      Vainio, the IP addresses of the network is included in determining the possibility of human error.

      “We are changing the process automatically to reduce the possibility of errors.”

      The case is unique of its kind

      Antti Kotilainen, admits that the same types of cases, there have been other, the former took place last summer. He must still be isolated cases.

      “99 per cent of cases, people acknowledge receipt of the letter distributed files illegally. If you are uncertain, the issue is investigated. As can happen, that the web interface is the name of the parent and the offense is committed by a young family. ”

      Kotilainen, the claim for compensation cases each year is more than a hundred. If the committee does not reach a consensus, it may be the authority for examination.

      Generally, it is the thousands of euros. The amount varies according to the quality of the breach, but they go up to tens of thousands less. Large amounts are exported to general police investigation.

      Pre-trial protocol: CIAPC not trained enough, edited the testimony of a

      According to a police report piracy investigation CIAPC has worked as auditor, the internet, copyright violations have occurred studied Nurmela James tells us that CIAPC has not given enough training in technical matters.

      “I have not received all the training I’ve asked for,” says Nurmela. He was also not been entirely sure whether surveillance applications Factorials real data. “I understand that CommView program from the IP numbers are real. I can not say with certainty whether they can be modified in some way,” says Nurmela According to police reports.

      In addition, Nurmela tells the police that refuses to sign a witness statement, because CIAPC’s Kotilainen, and Jaana Pihkala were shaped by it so much that Nurmela experienced it was no longer their own testimony.

      “Originally, I called. Todistajanlausuntona was supposed to be nearly 50-page report, with the whole thing was described and explained. I wrote was my opinion, but the body as well as all additions, edits and controls came from Kotilainen and Pihkala. In fact I felt that it was no longer todistajanlausuntoni me, so I refused to sign it anymore, “he tells a police report.

      The employee’s legal threat

      “I was hubeista admission requirement for a certain amount of sharing, so I was supposed to share something to get inside,” says Nurmela a police report.

      “I asked for the right holders of such action by written consent, but I did not get it. I was just told that story to courtroom will never take,” he continues.

      “In the past, the MPA said: I got a few from the film to put the division, but it was informal. In fact I felt their own legal protection to be inadequate.”

      • Alyssa Blindy

        Wel, thanks. Interesting.

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  • Anonymous

    lol, those bottom feeding attoenys are never ending are they? lol.
    http://www.Total-Privacy dot US

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  • WmDan

    They only like lawyers if they are on their side of the law!

    http://www.UnambitiousUs.com – The Online Magazine for Time Wasters

    Movies, Games and Sports – now with YouTube Clip of the Day!
    Get your own stuff published!

    No ads, no bs.

  • Pingback: Anti-Piracy Investigator Bemoans Lack of Training, Meddling By Lawyers - techtime's posterous

  • http://torrentfreak.com/ Rob8urcakes

    This is yet more DIRECT evidence of the CopyWrong Cartel’s paid-for attack dogs lying to – or at best manipulating – Police, the legal system, the Courts and justice.

    It’s an outright admission of the CRIMINAL ACT of perverting the course of justice, and the relevant authorities and politicians need to act and take SERIOUS note of said perversity by these awful people.

    It appears they can hire any dummy they like, set them up as a stool-pigeon when things backfire, and think they can get away with their criminal conspiracy.

    Thank you TF for bringing this serious article of systematic criminal behaviour from the very type of organisations who daily claim foul, and attack innocent pensioners and householders of wrongful acts of civil law wrongdoing simply to make a profit.

    Expose more please – this MUST be endemic Worldwide.

  • http://hdmikabel.narod2.ru/ hdmi

    Modification of witness statements? Is that legal? If this is true, and can be proven, than this is a blatant breach of human rights. A new low for the anti-piracy lobby.

  • Guest

    What, no Pelouze/Anon/Jack Murdock to call this guy out as a rogue and traitor?

  • BTGuard - BitTorrent Anonymously

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