Anti-Piracy Outfit Pirates TorrentFreak
Written by Ernesto on November 19, 2007The infamous Dutch anti-piracy organization BREIN has infringed TorrentFreak’s copyright and blatantly copied a quote from one of our articles without attributing the source. TorrentFreak is thus considering legal action against these copy/paste pirates, where they may face a fine of up to $975,000 and several years in prison.
Today, BREIN published a press release (translated) full of half-truths in which they pride themselves over the recent move of SumoTorrent to Canada. In the press release they refer to TorrentFeak as a “pirate weblog”, and use a quote from an interview we did with the SumoTorrent administrator a little over a week ago. However, they do not link back to the original article, they don’t even mention TorrentFreak at all, thereby infringing on our copyright license.
Shocking indeed, who could have ever thought that these noble copyright protectors would be capable of such barbaric practices? Maybe they’ll start stealing children next?
The reason why BREIN didn’t link back to us is obvious, they don’t want the public to read a “pirate weblog” so they would find out what they’re really like. BREIN is known to threaten, intimidate and scare P2P webmasters, and they are pretty successful at it.
Like most other anti-piracy organizations, BREIN is above all a propaganda machine that effectively twists the truth to educate Internet users. They are a puppet of the MPAA and large media corporations and were recently awarded by Hollywood with an anti-piracy Oscar (translated) for its effectiveness. They even have a trophy cabinet in their offices to show off to their visitors.
Unfortunately, BREIN is not the only anti-piracy organization that infringes copyright. In February we reported that the MPAA used “Forest Blog” software without authorization. The software had been completely stripped of his name, and links back to his site, thereby violating the linkware license. The MPAA later said that they were only testing the software. Not that it makes any difference, but why should one (willingly) remove all credits to the developer if it’s only a test?
But the MPAA doesn’t only steal software, they also pirate films. For those who haven’t seen the great documentary “This Film Is Not Yet Rated“, the MPAA openly admitted that they made unauthorized copies themselves. Kirby Dick, the producer of the documentary found out that the film that he submitted for screening purposes was copied without his permission. Say what?
So who’s calling who a pirate here?
Previously: Top Pirate Reveals Warez Scene Secrets, Attracts MPAA Lawyer’s Attention
Next: Finnish FBI Raids Warez Topsites Following MPA, IFPI and BSA Investigation
173 Responses
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But that little quote isn’t a copyright violation… It’s so short and it’s a fact that the guy said that.
Lack of courtesy, maybe.
Copyright violation?
No way.
Actually, it is a copyright violation. To qualify under the fair use doctrine, credit should have been given. There isn’t damage enough to justify a suit, but copyright has definitely been violated.
I guess whomever has the biggest dick (lawyer) will win.
[quote comment="218405"]
Copyright violation?
No way.[/quote]
Yes way
“b”, the copyright belongs to TorrentFreak, and is under the appropriate CC license. That meant that they would have been free, under the license used by the site, to utilise the text, with attribution (if they said it came from TorrentFreak).
Under the Berne convention, copyright is automatic. With the CC license, we waive certain rights, as long as certain restrictions are met. In the Netherlands, you do have the right to quote, PROVIDIN the source is quoted. That is the terms of our license, and dutch law. They didn’t do this, so they violated it.
What makes this notable and newsworthy, is they know this is a violation of copyright law, because enforcing copyright law, and persecuting anyone who violates it in their eyes, is their whole raison d’etre.
I don’t get how when it’s a 22-word quote (that’s tiny!), copyright enters the equation at all. Seems bizarre to me.
^ I just wrote the same number of words, and it took me 15 seconds to think of it and write it…
Are there court cases where someone has gotten sued over such a small quote, and actually lost?
If it was 3 paragraphs copied and pasted, I’d agree with you that copyright could become an issue. But a single sentence?
Just goes to show how copyright is outdated and needs serious attention.
If you’re writing your dissertation for a masters you can’t just randomly steal peoples ideas or quotes no matter how small. Obviously this is different, but just giving an example. Sue them I say all you people who wouldn’t want to sue, I really don’t understand unless you work for these Nazi organizations.
Just a thought here, but are they infringing your license?
Copyright of the interview may be awarded to TF, may be awarded as dual ownership to both TF and sumo, or may be awarded to sumo.
Also to be considered is whether the various sections of the interview meet the criteria to be covered as a literary work.
The single sentence quote given by brien may come under “ideas”, which are not protected by copyright law.
Even if the entire work is covered by copyright, and that copyright is owned by TF, a single sentence taken from an interview is likely to come under “fair use”.
One final point about the quote. It is a statement of fact from ST. Facts cannot be copyrighted.
BTW, you could probably do with some kind of disclaimer before accepting posts, something along the lines of transferance of rights to TF.
As it stands, you are claiming rights to all comments posted on the site and releasing those rights under CC, regardless of ownership or authors wishes.
Isn’t the phrase ” Let’s Get Ready to Ruuuuummmmmmmmbbbbbblllllleeee ” copyrighted??? That is less than 22 words.
You can’t do this, you can’t do that, sue them , sue , sue, sue. Laws, Laws. BLah Blah Blah..
Bloody hell, why can’t whe just told what little we are allowed to do. Because judging by the way the internets going, that’s STUFF ALL.
Bring on WWIII , let’s start again.
Sue them like mad!!!
This needs to be fixed, and they need a boot in their ass FAST!
Taking a small quote - even without attribution - is fair use. Get over it.
OMG not the children!! Sue them, hurry! ^_^ Before those bastards steal our children. They need to get what they deserve.
Hahahahahahahahahahaha!
Torrent Freak, a blog that openly promotes piracy and copyright infringement, is suing an anti pirate group for copyright infringement.
This is almost too hilarious to be real. Is this a practical joke?
Come on - don’t be hypocrites.
Although I suppose BREIN could use a licking.
all i have to say is lolz
just lolz
This is just a blog entry to show some irony.
Where did suing come in?
If only CRIA would screw up like this. After what they did to Demonoid I’m itching for some serious payback….
tell us when you actually do file in court…
SUE THOSE LAME-ASS LOSERS WHO PERFORM ORAL SEXUAL FAVOURS IN EXCHANGE FOR MONEY TO GO TO MCDONALDS…! SUE THEM!
I will order a plane ticket as soon as the court dates are revealed. Show some balls, Torrentfreak. Don’t back out.
That clip about you wouldn’t steal a baby was hysterical!
Lets do this.
Meanwhile, Leading Authorities warn that CD’s and DVDs cause cancer over time with constant exposure. The Government and Health Authorities, recommend only downloading music and dvd’s in the interest of your health.
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