Brazilian Court Bans P2P Software

Written by enigmax on September 18, 2009 

After an earlier decision failed to reach its objective, this week a Brazilian court made an unprecedented ruling against file-sharing clients. Following legal action by anti-piracy groups against a website offering a file-sharing client for download, the court decided that software which allows users to share music via P2P is illegal.

Two years ago, legal action was initiated by the Protective Association of Phonographic Intellectual Property Rights (APDIF). The outfit, an anti-piracy group now part of the Anti-Piracy Association of Film and Music (APCM), unsurprisingly counts EMI, Sony, Universal and Warner as key members.

The lawsuit was issued against Cadare Information Technology Ltd, a company which controls the iPlay.com.br site.

iPlay distributed a piece of popular P2P file-sharing software known as K-Lite Nitro, which allows users to download from several P2P networks including Gnutella, OpenFT and Ares.

In February this year a judge decided that rather than force iPlay to remove K-Lite Nitro from its site, the software should have a copyright filter implemented instead, to block sharing of unauthorized music. The anti-piracy groups promptly provided a list of 4 million tracks to be filtered.

However, the ruling fell flat since iPlay are not the developers of the software and have no control over it, so the case headed back to court.

Following a trial on August 25th, on Monday this week the 6th Civil Chamber of the Court of Paraná in southern Brazil handed down an unprecedented ruling.

The judge came to the conclusion that since the proposed K-Lite Nitro filtering mechanism was ineffective, he had no alternative than to issue a complete ban on the software instead, saying that the website offering it would be assisting the copyright infringements of its users.

He went on to suggest that any website offering the software alongside advertising (i.e, trying to profit from offering it) would be committing a crime, punishable by between two and four years in jail.

“By this logic, virtually any site in Brazil that offers P2P clients would be subject to accountability, to have their business threatened by the alleged illegality of the act of hosting certain types of software,” said Omar Kaminski, author of attorney Internet Legal, a blog specializing in IT law.

Announcing that Cadare Information Technology will appeal the decision, Nelson Cadare Luciano, owner of iPlay said: “We will defend ourselves because we always had the feeling that it [K-Lite Nitro] is not illegal since you can use it to share legal content as well.”

APCM said that the ruling is “important for the future of the digital music market in Brazil.”

Currently K-Lite Nitro has been removed from the iPlay site, but can be obtained from a number of other sources.

Previously: Pirate Bay Buyer Faces Bankruptcy

Next: Arrr, Talk Like A Pirate Day 2009 is Here

124 Responses

1 Sep 18, 2009 at 22:55 by 00

LoL. how they banned P2P software ?
How about DC++ ?
IRC sharing ?
other sharing softwares ?

it’s not possible to stop sharing.

2 Sep 18, 2009 at 23:00 by shut down the internet

Ok the solution shut down the internet cause everyone is assisting with copyright infringement+ shut-down all car makers gun manufacturers and knife suppliers. Ah to hell with it lets nuke the whole feckin world and start again cause this is getting ridiculous.

3 Sep 18, 2009 at 23:01 by Nobby

Will they be banning email, msn messenger, yahoo messenger, the postal service etc ?

Stupidest ruling ever, totally impractical and clearly made by someone who has no clue about the internet, or much else for that matter.

4 Sep 18, 2009 at 23:03 by sunny

@2 hahaha, yeah thats the solution.

but really as http://www.torrentday.com said, its impossible to shut it down now. the work is not a nood anymore. there are always people two steps in front for the laws and other stuff

Sunny

5 Sep 18, 2009 at 23:05 by Keven

This ruleing will be taken back. Or DDOS’ed into hell. Witch ever comes first.

6 Sep 18, 2009 at 23:09 by Anonymous

@2 – I prefer crowbars as my murder weapon of choice anyways… :P

7 Sep 18, 2009 at 23:14 by Unknown

Brazil the country with the 2nd highest amount of online fraud in the world.

In brazil children use stolen credit cards to purchase pretty much anything and rarely get caught because brazil can’t police the interwebs.

Like they can stop p2p software?.

8 Sep 18, 2009 at 23:15 by SRT 4 Life

Funny how they went for the software and not the sites, Supprized that TPB wasn’t in this somehow.

9 Sep 18, 2009 at 23:16 by www.eZee.se

Ah! Stupidity strikes again.

As a kid i always respected judges, thinking how wise they would have to be before the became judges… and as i grew up i started to understand that first they had to study as lawyers and years later became judges, this just increased my respect for them… then as i got older and started reading more i started to realize my faith in judges was totally… a lot of them are either a bunch of morons or – just bought (and not too expensive either), although something tells me this is more of the former – although i wouldnt rule out the latter looking at which organizations would love something like this and their meddling in foreign countries like Sweden, UK, Canada, Spain etc to name a few.

I would be really surprsed if this does not get tossed aside in an appeal.

I bet even “reasoned moron” thinks this is stupid – if not I think she’s even further gone than anyone realized.

10 Sep 18, 2009 at 23:16 by NotNown

Brazil Authorities can do nothing and it doesn’t matter what the court says. The country has the second highest online fraud in the world and if they can’t stop that then how can they stop p2p software?.

11 Sep 18, 2009 at 23:19 by Dc

I wondering if cnet download.com will be sued as they distribute p2p software to millions

12 Sep 18, 2009 at 23:25 by Mankey Wanker

Thank goodness for technologies like Rapidshare and Megaupload, people can just use their browsers.

Or do they also intend to ban Firefox and Opera for their torrent handling features too?

Utterly moronic…

13 Sep 18, 2009 at 23:26 by Anonymous

Oh no, they will ban E-Mails, Instant Messengers and Chat Clients.

Oh probably the next ban first goes to kitchen knifes, those things are dangerous, even if you can use them as supplement, EVERY MURDERER uses them.

14 Sep 18, 2009 at 23:29 by Anonymous

LoL

Courts in Brazil are a joke.

15 Sep 18, 2009 at 23:41 by ITSTHEMAFIAA

Thank you Sony for ruining the party for everyone else!

16 Sep 18, 2009 at 23:52 by Anonymous

Talk about clueless judges LoL

Obviously that judge is a menace to the legal system as he don’t know about technology or how things work, had and image of how should work and didn’t even tried to seek more information about it or he would have concluded the obvious that it was a waste of time making the 2 rulings LoL

How such incompetent people become judges escapes me, I think the only thing judges in Brazil do right is take bribes LoL

17 Sep 19, 2009 at 00:00 by www.bootytape.com

I’m glad BitTorrent as a program is useless without an actual .torrent file. Therefore they can’t ever claim the actual client needs to be banned because if you download the client a lone you can’t do much with it.

Therefore they will always have to go after the websites and we can always shutdown and rebuild like night clubs do. All Thanks to Bram Cohen, you thought really far ahead.

That’s why we need more progressive thinkers to keep this sharing community alive. Even if it get’s to the point where we can only share a cup of sugar in the dead of night on Sunday’s and Tuesday’s.

18 Sep 19, 2009 at 00:11 by Capn

@16

Bram has said himself that he doesn’t condone Pirating files online so don’t be too quick to judge his intentions.

His design simply makes it more versatile, not resistant to moronic rulings by judges.

TPB hosted Metadata content, not pirated software. They were found guilty to aiding in copyright infringement.

19 Sep 19, 2009 at 00:14 by viktor

oh man, ban the INTERNET because it ALLOWS you to download illegal content!!!! or JUST ban EVERY WEBSERVER coz it ALLOWS admins to share illegal content!!!!! SO FCKING MISERABLE.

20 Sep 19, 2009 at 00:15 by Rapple

Just ban the whole world, as for someone could share a file so many other ways. Those carrier pigeons are now stuffed with hundreds of gigs of files, and they are very fast too. Is banning carrier pigeons next?

21 Sep 19, 2009 at 00:16 by Mined.se

seriously, things like this is just lame, wtf man, photoshop is responsible of millions of copyright infringements a week, optimizing and croping photos from the internet that has a copyright on them, and then the edited pix are published on some blog somwhere, should we illegalize a well-know-picture editor as well, its like banning a car manufacturer for creating something that can be used for breaking a speed limit, as been mentioned before…. so lame, the suits in brazil are retards, think deep before ruling on something like this….

22 Sep 19, 2009 at 00:17 by Furk.net

every time you visit a website, copyright infringement has taken place as for your cache stores a copy of the web page in it. How about ban web browsers + cell phones + computers as for they can all share/infringe & do it more often than not regardless of intent.

23 Sep 19, 2009 at 00:20 by Anonymous

stupid anti piracy groups you dont even care about the maffias stupid copyrights all you want is the money

24 Sep 19, 2009 at 00:24 by basement dweller

LOL.

25 Sep 19, 2009 at 00:26 by Footnote

Does anyone remember GLT Poliane?

It was one of the first P2P file-sharing networks, similar in form and function to AudioGalaxy.

And GLT Poliane was from Brazil.

Footnote: a multi-network Windows-based P2P client that supports Gnutella, OpenFT and Ares networks — as K-Lite Nitro does — is almost certainly going to be a clone of open-source KCeasy.

26 Sep 19, 2009 at 00:28 by lol

More proof that country is complete crap.

27 Sep 19, 2009 at 00:40 by Anonymous

@25 Sep 19, 2009 at 00:28 by lol

http://ipsnews.net/news.asp?idnews=40258

This is nothing compared to the shit that happens there read the link above about the girl who was gangraped after being throw in jail by the nice policemen from Brazil LoL

28 Sep 19, 2009 at 00:45 by SirReal

Honestly, what a waste of money, they could release it under a different name/company, and they would have to go through the whole legal proceedings again. Then they would have to go through that for every P2P program.

29 Sep 19, 2009 at 00:46 by Greger

Banning the technology, definetly the right way to go…

30 Sep 19, 2009 at 00:57 by Anon

While we’re at it let’s also ban the postal service! After all, it can be used to send illegal copied music to people just like P2P clients, AND it actually profts from it, UNLIKE most P2P clients.

31 Sep 19, 2009 at 00:59 by Anonymous

@27 Sep 19, 2009 at 00:45 by SirReal:

It doesn’t work that way in Brazil, judges can abuse the system and make what they want.

Judge Clarice Maria de Andrade, who approved the girl’s imprisonment, was merely transferred to another jurisdiction without even a censure.

http://www.nowpublic.com/world/no-change-brazil-after-girl-raped-mens-jail

Brazil is not and honest to God country that applies the rule of law. They don’t have strong check and balances and most of the government is corrupt.

32 Sep 19, 2009 at 01:13 by No-name

What’s annoying in that story though is that p2p software can be used for LEGAL filesharing. Downloading a linux distro with bittorent is a lot easier than a direct download link. It also helps the maker for the bandwidth.

33 Sep 19, 2009 at 01:14 by Fukker

Stop stealing music, or if your stealing copyrighted music, then give the money out of your wallet when anyone ask for it. Its the same principle. Second, all you whiners about Major lable this and that, its really the indy labels the cool ones that pay their artist that are getting wiped off the planet from p2p sharing. Majors acount for only about 30 percent of music world wide. So stop stealing fuk headsz.

34 Sep 19, 2009 at 01:18 by Anonymous

@32 Sep 19, 2009 at 01:14 by Fukker:

Nobody is stealing and even the U.S. supreme court agrees with that LoL

The infringer invades a statutorily defined province guaranteed to the copyright holder alone. But he does not assume physical control over the copyright; nor does he wholly deprive its owner of its use. While one may colloquially link infringement with some general notion of wrongful appropriation, infringement plainly implicates a more complex set of property interests than does run-of-the-mill theft, conversion, or fraud.
—Dowling v. United States, 473 U.S. 207, pp. 217–218

35 Sep 19, 2009 at 01:22 by Saddened

Wow, I am literally laughing right now. Of all the parts of piracy/file sharing to go after, this is about the WORST POSSIBLE point to go after.

using the “offering the software alongside advertising” arguement you can say:

World Of Warcraft fits that category. Their main site has advertising. and bittorrent is used to distribute patches. BOOM, illegal …

Opera web browser supports bittorent by default. Some places on their site have advertising. BOOOM, it’s illegal to use Opera browser in Brazil.

BTW: still laughing

36 Sep 19, 2009 at 01:23 by Thomas Jefferson

“He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.”

Translation to modern language:

Those who copy from me, don’t less my copy.

37 Sep 19, 2009 at 01:28 by michael8124

@2

“Ok the solution shut down the internet cause everyone is assisting with copyright infringement+ shut-down all car makers gun manufacturers and knife suppliers…”

In 2005 President Bush signed into law “Protection of Lawful Commerce in Arms Act” to “prevent firearms manufacturers and dealers from being held liable for crimes committed with their products”

http://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act

And people have been fighting this law ever since and are still filing lawsuits.

This Torrentfreak article is very similar. Instead of going after the individuals that use a product for illegal purposes, they would rather just remove the product completely. Once again, instead of looking at the “legal” aspects of P2P, they always look at the negative and “illegal” side of the issue. Just like guns can be used to protect you home and family, ant-gun activists only look at the few individuals that use them for the wrong reason, or negligence on a parent’s part who didn’t make sure their kid didn’t get a hold of their gun. Pretty fucked up if you ask me. Punish everybody for what a few people do wrong, i.e., try to get rid of P2P because of what some people do instead of looking at the advantages of the technology.

38 Sep 19, 2009 at 01:32 by money and power

I think this whole thing is much more about control than money. The only way to control people in ‘free societies’ is to control their information.

39 Sep 19, 2009 at 01:38 by Anonymous

Majors acount for only about 30 percent of music world wide. So stop stealing fuk headsz.

http://www.ifpi.org/content/images/marketshare03.gif

According to the numbers you are wrong, care to show us where do your numbers come from?

40 Sep 19, 2009 at 01:41 by Alexandre

I’m ashamed to say I am Brazilian.

What kind of a moronic judge would rule in such a way?

Following his line of thought, let’s ban cars, ’cause cars can kill people too.

The only peace of mind I have is that he is trying to stop a train with a wooden stool. Impossible to ban P2P.

41 Sep 19, 2009 at 01:44 by Ralonto

Idiots.

42 Sep 19, 2009 at 01:50 by NoOne

So you can’t share files with your friends, even files that you created yourself unless the mafiaa has the right to take a look and say “this you can share, this I do not agree”! What an utterly moronic, unenforceable decision! Or maybe it’s just that the judge was corrupt? There were serious issues to say the least in The Pirate Bay trial in Sweden, so imagine how far it can go in Brazil…

43 Sep 19, 2009 at 02:13 by Dipper

Hell even IE/Firefox/Oprea etc all can be used to facilitate the assisting of copyright infringements of its users.

44 Sep 19, 2009 at 02:20 by shut down the internet

Yeah I like the one about carrier pigeons. We could feed them up with steroids and send micro sd cards all around the world. Then maybe try with seagulls then start the encrypted traffic with Lyrebird’s pretending to be flying chainsaws. The eagles could be the firewall of the skies to protect the pigeons (or maybe eat the pigeons if they are compromised). Yeah the future is? Say bob what kind of connection are you on man? Well bill I used to be on pigeon but I changed to mockingbird, much better service. What are you on bill, oh I am on fiber-crow, brilliant service but it slows down when I want something from switzerland. Oh how come? the feckin kuku server is on strike again, something about a pay dispute, they say the working hours are not enough and they are getting burnt.

45 Sep 19, 2009 at 02:40 by Mr Anon

Dear Brazil,
You would think that, what with your Country’s massive drug problem, gun culture, gang warfare, and plenty of murders, you think its more important to go after P2P ?
Congratulations, enjoy that nice fat bribe….I mean cheque from the cunts at the RIAA.
And lol at comment #32, fucking moron.

46 Sep 19, 2009 at 02:42 by Jim Bob

We teach our children to share and that sharing is good. When you grow up, you better not share or you’re going to jail. The world gets more and more retarded every day.

47 Sep 19, 2009 at 03:01 by h33t

we teach our children that if you run a bank into the ground and steal all the money the government will give you the cash back that you stole

48 Sep 19, 2009 at 03:16 by Anonymous

Ban Google for linking to copyrighted material.

Ban cars for assisting in speeding offences.

Ban knives for assisting in assaults and murders.

As unlikely as it is, I hope 2012 brings the end of the world. The human race doesn’t deserve to exist.

49 Sep 19, 2009 at 03:17 by Medic

If we stop making movies and music, PEOPLE CAN’T STEAL FROM US

Brilliant idea

50 Sep 19, 2009 at 03:18 by h33t

news! bird seed is now illegal

51 Sep 19, 2009 at 03:23 by powtrix

hahaha never any stupid group will stop us…

let me reset again my dsl modem to get other Rapidshare file LOL

huhuhu

52 Sep 19, 2009 at 03:30 by powtrix

another stupid post here.

“In my government is forbidden to forbid”, said LULA – the president

53 Sep 19, 2009 at 03:31 by Cujo

azureus through itshidden ;)

54 Sep 19, 2009 at 03:37 by Nobody

That has got to be one of the stupidest rulings by any court, hands down.

By that logic, yea they’ll have to pretty much illegalize the whole internet. Any protocol designed for it can be used to transmit copyrighted materials.

While you’re at it, here’s more things that need to be made illegal. They can be used to either duplicate or distribute copyright materials.

Cable, satellite, telephone and any other communications companies need to go, as they provide the evil internet in the first place
Any software developer that had a hand in designing browsers, mail clients, command line transfer utilities, etc, they all need to go to jail, evil bastards
Any recording medium, from 8-tracks to Blu-Ray
Postal mail
Any form of transportation, land sea or air
Photocopiers and fax machines
The printed word in any form
Cameras, still or video
Pencils, pens, etc, cant have those old-school book pirates writing stuff either
Silly putty, I’ve copied pictures with that

Yes, this is a retarded list. But so is this court decision.

55 Sep 19, 2009 at 03:40 by Cujo

they stopped everything except filesharing ;S

56 Sep 19, 2009 at 04:41 by pissoff

F**k you, #1,4,8,9 for spamming here. Anytime someone spams their site, I email it to Microsoft as a phishing site and they put it in their database so SmartScreenFilter warns anyone who uses IE not to go there.

57 Sep 19, 2009 at 05:18 by Bobe-On (slavery)

This kind of thing supports other industries; the industries of lawyers, judges, investigators; lawmakers/politicians and cops, etc.. Make lots of things illegal and you have secure careers suing people; issuing cease and desist letters; making busts and confiscating property; questioning/judging/interrogating/investigating; submitting questionable bills that get overturned, then, instead of leaving it at that, modifying them and then re/submit/writ/ing them over and over again until you retire with a pension (payed for over and over again by the taxpayer); all the while other, affiliated industries clap in standing ovations with their hands in your pockets (wallets) and fists over your freedoms.

There seems to be many industries that depend on the restriction of human rights and freedoms. I wonder how they would fare if they upheld instead of suppressed them.

America’s the world’s number one arms dealer. Apparently contrary to their own laws, they essentially aid and abet in murder on a mass scale… kind of similar it seems to TPB aiding in copyright infringement.

Capn wrote:
“TPB hosted Metadata content, not pirated software. They were found guilty to aiding in copyright infringement.”

“It is the world that has been pulled over your eyes to blind you from the truth.”

“What truth?”

“That you are a slave, Neo”

Get to work, wage-slave. They want your money.

58 Sep 19, 2009 at 05:43 by hot sex gary

so does this mean anybody who accidentally has open network shares will get pwned too?

59 Sep 19, 2009 at 05:53 by Uncle Slam

“Get to work, wage-slave. They want your money.”

Must…win…rat-race…at…all…costs!

60 Sep 19, 2009 at 06:56 by Philip

Stupid judges (or paid of)
“software which allows users to share music via P2P is illegal.” There are more legal things downloaded than music. Not all songs and music downloaded are copywrited.

61 Sep 19, 2009 at 07:13 by United Hackers Association

the emprire er UMPRIRE er judge strikes back, LOL

like i said folks this amounts ot saying that cause a pencil was used in a crime we MUST ban them
its like i said and this will come to pass that they will cause riots and them said pencils and HAMMERS to get used on yes you guessed it the very legal system that did this.

IF hte goal of these fucktards is to cause a riot , please continue i think after we kill off a 90% of the lawyers around the rest will get the hint.

Do you still believe in your hearts this will end non violently?

62 Sep 19, 2009 at 07:14 by Necrowulf

Knowing how stupid Brazil is (sadly, i was born there) they will try to ban even sites like cnet! They blocked youtube because some whore got naked and the paparazzi filmed her…

They try to implement their rules in websites like facebook.. well in this case “orkut” which is the “brazilian” facebook…but belongs to google.

Judges, I really used to have respect for them, but they are as ignorant as a horny snail!

Most of the people in high power, or are in a high level in X job in Brazil are usually people who payed to be there, suck up to the boss or they know someone in power to put them there.

In fact, Brazil just wants to make “face” for the countries outside… going after Atheists in Orkut, blasphemers, file-sharers, p2p…etc..etc, but the true fact is, they dont even have money to police their own streets, and it is even more embarrassing because they cant even police 2 roads down the police precinct!

Quicknappings, robberies, drug traffickers controlling the gangs inside the prison, police getting murdered by dirty cops or by thieves…

Brazil has become a joke…and a bad one

63 Sep 19, 2009 at 07:15 by United Hackers Association

the empire er UMPIRRE er judge strikes back, LOL
{ insert star wars music here }

like i said folks this amounts to saying that cause a pencil was used in a crime we MUST ban them
its like i said and this will come to pass that they will cause riots and them said pencils and HAMMERS to get used on yes you guessed it the very legal system that did this.

IF the goal of these retards is to cause a riot , please continue i think after we kill off a 90% of the lawyers around the rest will get the hint.

Do you still believe in your hearts this will end non violently?

64 Sep 19, 2009 at 07:19 by Mustang

hmm A web-browser is a p2p client.

65 Sep 19, 2009 at 07:21 by Vwe

Brazilian politicians are extremely corrupt, it repugnates me they should all be shot dead.

When industry lobbies them its easy to pass illegal laws such as those.

but i doubt it will affect brazilian p2p users as there is illegal internet suppliers all over brazil even if the ISP bans p2p, people will resort to pirate internet suppliers.

Brazil has been facing a crime and drug and weapon crisis for the past 40 years, they should foccus on solving that and corruption before moving on to something like p2p specially since most brazilians have horrible internet connection

66 Sep 19, 2009 at 07:49 by Anon

A website links to P2P software for profit. Since it is assisting users infringe on copyrights its illegal..

As others have said, manufacturers of guns, cars, knives should all be targeted for their role in murder. Alcohol as well.

But not only them. What about the stores that sell them? This lawsuit is like going after Wal-Mart for selling kitchen knives after a murder, but not even attempting to go after the company that made the knives. Don’t hit the source, hit the middleman! :P Real smart, brazil.

Whats next? Banks being targeted for credit card theft because they are associated with the crime? Seriously…

The more they try to stop P2P, the easier it is for people to get illegal files because p2p programs that aren’t being targeted learn and go further under the radar with more security measures.

67 Sep 19, 2009 at 08:03 by Daemon_ZOGG

LOL… I was going to leave a rather insulting comment about the Predictive Association of Pornographic Intellectual Farting Rights. But, I think the torrent community has spoken already.
Heh-heh-heh…lol

68 Sep 19, 2009 at 08:07 by michael8124

@56 pissoff

“F**k you, #1,4,8,9 for spamming here. Anytime someone spams their site, I email it to Microsoft as a phishing site and they put it in their database so SmartScreenFilter warns anyone who uses IE not to go there.”

You are retarded. Microsoft has nothing to do with torrent freak. And trying to get them to block a site is just wrong. If you have a problem with spam on this site, contact the site administrator. Dumbass.

69 Sep 19, 2009 at 08:21 by michael8124

oops. Sorry pissoff. I misread your comment and got a little mixed up. Just ignore me in comment 66. But you should contact the torrent freak site admins if spam here really bothers you that much. They do the best they can.

70 Sep 19, 2009 at 08:33 by Anonymous

Hahahahah, wow.

Unless Brazilian ISPs block their users from accessing servers outside of Brazil, this is one the most pathetic bans ever.

It doesn’t even matter of it’s overturned on appeal or not.

Why don’t they attempt to ban air, while they’re at it?

71 Sep 19, 2009 at 09:07 by Suck It .I.

@ 34 so true i think most of the ppl that go to this site are not from the U.S, ISPs in the U.S DO NOT BLOCK ANY WEBSITES only ones they do block are child porn nothing els bcs mafiaa cant do shit to them bcs there protected by the amendments!!! so Suck It .I.

72 Sep 19, 2009 at 10:16 by Anonymous

@69

Just like anti-gun activists try to overturn and bypass the Lawful Commerce in Arms Act, (see comment #37), RIAA and MPAA and other like organizations try to change and bypass the law as much as they can using similar techniques as to making false claims and majorly exaggerating the situation. In other words, they haven’t succeeded much, if at all, but it doesn’t stop them from trying like hell. lol

73 Sep 19, 2009 at 10:21 by Talorthain

They need to band DVD recorders, hard drive recorders(cause I can record from TV),… anything really.

Does this mean the likes of sony that produce some of the above will be taken to court for helpping people infringe copyright?

74 Sep 19, 2009 at 10:23 by lverona

Everybody says that P2P is not stoppable. Quite true this is, but the faster everyone realizes, the better. A ruling like that is not good as it clearly sets a precedent and would prolong the war.

75 Sep 19, 2009 at 11:00 by Factx

Almost hilarious! ..and a _perfect_ example of the ignorance that exist within government ruling people.

76 Sep 19, 2009 at 11:03 by Benny

A SAD SAD DAY FOR DEMOCRACY

77 Sep 19, 2009 at 11:35 by ROLF

Who defines what P2P software is?

..omg, really nice legislation there

78 Sep 19, 2009 at 11:46 by R0n

This proves Brazilian’s are retards.

79 Sep 19, 2009 at 12:04 by fk

@17

Not completely true;
same recent clients doesn’t need .torrents do download, they can use “magnet links” that are text strings instead of .torrent files.
Magnet links give to the clients the ability to get the .torrent directly from the bittorrent network without the need to download yourself.
Also with dht networks trackers are not required.
Those protocols are being usen more and more and in a matter of time they’ll be implemented on all clients.

80 Sep 19, 2009 at 12:06 by Johann

any one knows when demonoid will b back ?

81 Sep 19, 2009 at 12:14 by Whatever

The problem with law seems to be money always wins like playing a computer game: if you don’t win you restart using a different angle of attack until it is in your favor or you find a corrupt judge (cheatcode) while other people without vast resources usually can’t even just get justice. Theoretically if the CEO of a company wants someone dead they could let one of their employees do it and nobody goes to jail as companies can only get fines and no jail time for crimes.

@37
You must be American and believe it is the best country in the world (usually). Its also the only country in the world i know of (except for some conflict areas in the world) where every civilian can legally have guns. While filesharing, knives and crowbars have many purposes there is only one purpose for guns and that is death or the threat of death (people/animals) . It doesn’t protect anybody from anything because easy access means more risk that you need a gun in the first place. Or someone just steals your gun if you’re away from home when the person is blacklisted.

(Yes, i know.. hunting, police, military and target practice clubs also exist but won’t go into that)

Please don’t associate guns with filesharing.

82 Sep 19, 2009 at 12:16 by Ivan Brezak Brkan

So we can expect a surge in torrent use in Brazil, eh? :P

83 Sep 19, 2009 at 12:22 by ayden

demonoid is gone for how long ?

84 Sep 19, 2009 at 12:31 by Viva Brasil

I’ve been to Brasil and I’ve got robbed 5 times in 3 days, but not for mp3’s!!!

@79 great post

85 Sep 19, 2009 at 12:35 by Anonymous

@79 Sep 19, 2009 at 12:14 by Whatever:

Wrong! you must be english LOL

http://www.economist.com/daily/chartgallery/displayStory.cfm?story_id=12294864&source=features_box4

86 Sep 19, 2009 at 13:26 by Nuke the whole world when we're at it...

@2 I couldn’t agree more!

87 Sep 19, 2009 at 13:28 by Anonymous

i say nuke the world. solved.

88 Sep 19, 2009 at 13:34 by Anonymous

so what are they actually banning p2p is networking architecture like star or ring dose that mean this network architecture is banned.

this wrong how can a biased industry charity dictate the law. what about the poor ice men who were put out business by white goods manufactures.

this is corruption on the major part and need to be stop.

seems Brazil is going back to dark ages.

fight innovation because it will hurt your business model.

What human right’s ?

stop giving money to people your ashamed of.

Share is a natural and human right not disablement by any court or government.

hell to the haters and their supporters and financiers and legal team’s

89 Sep 19, 2009 at 13:53 by TheTruth

sharing is caring

intellectual property is theft

COPYisRIGHT

90 Sep 19, 2009 at 14:38 by Jimmy Reisen

LOL like thats gonna keep anyone from downloading p2p. LOL

RT
http://www.real-privacy.net.tc

91 Sep 19, 2009 at 14:42 by Andrew

LOL, have they just banned MSN Messenger?! Hahaha!

92 Sep 19, 2009 at 14:45 by Mr. Briggs

This is really old news… “Some country bans P2P Software”, “some country says that pirating is the same as theft”.

Can’t we have some more original stuff?

93 Sep 19, 2009 at 15:45 by TerribleTony

When quantum computing arrives, these control freaks will be truly annhilated, like the dinosaurs.

94 Sep 19, 2009 at 16:00 by Batman

The judge was paid to make that decision.

95 Sep 19, 2009 at 16:33 by Grape Nuts?!?

@91

>When quantum computing arrives, these control freaks will be truly annhilated, like the dinosaurs.

Are you really that stupid?

When quantum computing arrives, they’ll be able to trace *every* packet from source to destination, no matter what kind of anonymizing system is developed.

Your pirating days are numbered, losers.

96 Sep 19, 2009 at 16:33 by The Devolini

The judges have more shit coming out of their mouths than the girls in the Brazilian scat pornos.

97 Sep 19, 2009 at 17:44 by Cordelia

Yeah, but it’s not illegal for Brazilians to KEEP a p2p client on their PC though, is it?

So they can’t get it from a Brazilian site – they’ll just have to get it somewhere else..

And no offense to Brazil but it seems that this perhaps ought not be a priority for police there..

I am sure all Brazilians who have internet access will continue sharing just as before…

Hope this won’t be a trend in the BRIC countries though.

98 Sep 19, 2009 at 18:07 by so what...really

WHO CARES??? I mean its Brazil. Who the F lives there? and if you do you just suck.

99 Sep 19, 2009 at 19:42 by Anonymous

great… and i live less than 2 miles from this courthouse…

100 Sep 19, 2009 at 19:43 by Anonymous

ok then add, firefox, internet explorer, aim, live messenger, ftp, http, and basically the internet.

101 Sep 19, 2009 at 19:44 by Anonymous

great… and i live less than 2 miles from this courthouse…

and “so what..really”, go fuck yourself. there are some places in the world that are a million times better than your shitty middle class suburb.

102 Sep 19, 2009 at 19:59 by Bobe-On (Signals)

Grape Nuts?!? wrote:
“When quantum computing arrives, they’ll be able to trace *every* packet from source to destination, no matter what kind of anonymizing system is developed.
Your pirating days are numbered, losers.”

The beauty of the universe is to be found in paradox, chaos and unpredictability. In truths no one really quite knows.

Go grab all those human-tech signal waves emanating outward away from Earth and get them back.
Don’t forget the ones that bounce and the ones that bounce from the bounces… and the ones that are recorded by distant civilizations, amplified, maybe re-encoded, remashed, and sent back toward Earth.

Send them cease-and-desists.

103 Sep 19, 2009 at 21:00 by SL

What a worthless ruling. Virtually none of the P2P software is hosted in Brazil so they cant get that taken down and nearly all p2p programs are free so theres no way of knowing who downloads what.

The most they can do is block the sites that offer the downloads, they all the users have to do is use a proxy to get it and carry on as normal. Insane.

104 Sep 19, 2009 at 21:12 by Zoness

eMule is very popular in Brazil I figure more people will just use that.

105 Sep 19, 2009 at 21:31 by Suck It.I.

@ 81 who said im associating guns with fileshareing ? im saying are ISPs dont block any of the sites on the net theres no dumb ass 3 stirkes rule nothing what so ever bcs we have are laws in place its these other countries that are taking the crap bcs of all these corrupt judges, laws , ect feel sry for ya guys

p.s you know those FBI warnings you get “$100.000 thoused fine + 5 year jail” that little scare tactic is blown away by the 8th amendment

106 Sep 19, 2009 at 21:37 by amused

I never heard of K-Lite Nitro anyway. Can the Court of Paranoia tell me how banning the advertising of one p2p app is going to make one scintilla of difference?

107 Sep 19, 2009 at 21:57 by Recton Kracke

@#2 shut down the internet

Aye! lets nuke it all. Then there would only be the insectoid kind of cockroaches running the planet.

Lets make this clear.

WE ARE WINNING THE WAR AGAINST “COPYRIGHT” & “INTELLECTUAL PROPERTY”;
Seven million ‘pirates’ in the UK alone (that’s the number ‘THEY’ give us extrapolated from 136 peeps)= civil disobedience on a MASSIVE scale.

THEY ARE LOSING.
As much as their muppets on TF try to diminish and marginalize us. Its not working. Napster was ten years ago. “What have you done for me lately?”(Janet Jackson)… Its all PROPAGANDA.

Our civil disobedience is killing them. More peeps learn how to torrent every day.
We are not a ‘minority’ In fact we are a MAJORITY!= see; Canada, Spain & Italy.(nevermind Ukraine, Russia, Latvia,Bulgaria and dare I say China etc.) We are growing while they DIE.

If their ‘PROPERTY’ really had actual VALUE they would take steps to protect it from ‘ILLEGAL’ distribution like Fort Knox does with all that gold.

This Brazilian ruling will do nothing. Except now you’ll have to slip the concierge 20$ before torrenting on the hotel network.(so corrupt, I love it)

To those who say that the content creators need a new business model I say its already here.Simply put it is;
Litter your VALUABLE goods around carelessly, wait for folks to ‘pilfer’ it and then SUE one unlucky bastard in ten thousand to try to recoup cost…errr=massive failure. They always seem to be suing the broke,dead and innocent people, generating bad PR. Its a huge mistake to alienate/crimminalize your customer, the hand that feeds and all that.

0010111010010111

there’s a chunk of imaginary property. I’m sharing it. Kill me.

108 Sep 19, 2009 at 23:49 by Jan Schotsmans

Erm, so World of Warcraft, Symantec Antivirus, WSUS, Symantec’s distributed image loading technologie, etc are all illegal in Brazil now?

ROFL, its starting to become obvious that there is an urgent need of tech savy judges, not only in Brazil.

109 Sep 20, 2009 at 01:58 by whateva

Brazil’s ‘courts’ are a joke – the country is on the verge of being taken by druglords and militia and these assholes wasting time on this shit

Fuck them

110 Sep 20, 2009 at 02:00 by Nator

I think they should ban electrons, they are behind 100% of all illegal activitys. Then anyone caught with an electron can be sued.

111 Sep 20, 2009 at 02:24 by Voice of History

Fun fact: About 95% of Brazil’s CD sales come from the piracy. The Actual number might be even higher. And that is Physical Piracy I am talking about. Indeed, in pratically every city of the country you can find stands selling any CD you want for about 1~2 Reais (about .5~1 dollar).

And they dare to care about a website distributing P2P software. My Country is joke, ruled by a corrupt drunkard >_>.

112 Sep 20, 2009 at 04:44 by Comeoncomcast

BrazilFAIL

I guess theyll ban calling your friends too (cause thats p2p, technically =P)

Do society a favour. *sigh*

Viva la Pirat Byran <3

113 Sep 20, 2009 at 07:08 by John

I’m probably one of the few people who read this website that doesn’t typically support piracy.

However, I think it’s a scary precedent to start banning software that has both legal and illegal uses.

What’s next, banning cell phones because they are used by criminals to communicate or by terrorists as detonators for IED’s?

114 Sep 20, 2009 at 07:15 by Dingus

@ ayden #83
“demonoid is gone for how long ?”

I don’t know. While were OT, is Castro still alive?

115 Sep 20, 2009 at 14:19 by Anonymous

It may even be illegal what the judge did.

It’s the job of judges to make police now?

Even for Brazil that may be a bit troubling since judges can define an order anything the brazilian courts are effectively making police and they are acting like congress doesn’t exist LoL

How a judge can turn anything into something illegal without the say so of the congress of that country?

116 Sep 20, 2009 at 15:18 by Anon

hmm, What if you like to share you ubuntu’s distribution iso’s , OHHH Whats this here
http://www.ubuntu.com/getubuntu/downloadmirrors#alternate

Idiot Brazilian court’s should have done more research and same for other courts before proceeding, p2p is just not about damn music , movies and apps.

117 Sep 21, 2009 at 02:23 by Hohoho....

In other news, a judge in the jungles of Africa announced that painting bananas in illegal!

118 Sep 21, 2009 at 04:28 by Anonymous

It is a state court… which makes the whole thing quite laughable… it works like this: everybody shares files all over the world… when the files (?) cross (?) the state of PARANÁ, file sharing becomes illegal… you go figure… it is so bizarre we brazilians are either embarassed or just about dying from unstoppable laughter!

119 Sep 21, 2009 at 05:26 by Ninja

“APCM said that the ruling is “important for the future of the digital music market in Brazil.””

Nonsense. Most piracy in Brazil is on the streets where people sell CDs full of mp3 openly without even caring about the authorities – I`ve seen some guys selling copies of many software right beside a police post. The prices of the content are also completely out of the Brazilian reality and blocking a program will not increase sales. Also, even if all street sales were miraculously stopped the increase in sales would be unnoticeable because the people who buy stuff on the streets won`t buy original media either for money reasons or because they have other priorities. Internet has not reached the point where digital media is mass consumed there. Again, that declaration is nonsense.

As mentioned in the comments here, there are several other programs that are completely out of Brazilian jurisdiction. Also, any program that enables people to share files will replace the banned program. About 10% of my songs came by e-mail from my friends and 6Gb of mp3 is not what I’d call small.

Again the media industries show how alienated from reality they are. It`s a lost battle unless they are willing to change their way of doing business and make it clear who they are selling to, the masses or a bunch of people that can actually afford the high prices. If they aim at those people then there is no need to be worried with piracy – when people have the money they actually buy the stuff.

120 Sep 21, 2009 at 05:28 by Me

This is what the world is coming to… It is stupid and sad at the same time. Filesharing will keep growing while these morons keep fighting it. Instead of making use of it in the many different ways to profit they ignore it. Sounds allot like the US House and Congress ignoring their voters and the whole mess in the US government. I wish there was a way we could track some of these people making these laws and decisions and see if they get pay offs or perks. By the sound of things they must be getting something. Anyway, it is a stupid ruling. It will not change file sharing, people will just adapt and be more careful.

121 Sep 21, 2009 at 08:40 by Mr Bronkz

please ban my skype I JUST SHARED THROUGH IT !!!!!!!!

122 Sep 21, 2009 at 13:31 by Hahaha

Given that the internet is one big p2p network… well…

Brazil is retarded.

123 Sep 21, 2009 at 14:12 by prodigydancer

And the winner in the nomination “The most a$$hat court ever” iiiis…

…the Court of Paraná, Brazil!

Hip-hip hooray!

124 Sep 22, 2009 at 05:36 by website

Bad president for there country but completly ineffective as they can go to any outher side not hosted in Brazil and obtain all the P2P software they want.

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