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Court Orders “Copyright Lobby-Linked” Group To Stop Pirating The Pirate Party

In a most unusual turn of events, the intellectual property section of the Court of Milan has moved to protect the identity of the official Italian Pirate Party after an unrelated group began calling themselves the Pirate Party, using official Pirate Party logos, and generally causing trouble. According to the founder of the official Pirate Party, dark pro-copyright forces are at work.

Today, while doing research on the Pirate Party, I had cause to look at the Italian division’s website. Within just a few minutes I suspected that I’d been overdoing it lately – even with the invaluable help of Google translate, I had absolutely no idea what I was reading.

The site looked familiar enough, with plenty of instances of the Party’s famous pirate flag around and Pirate Party written across the top, but the stories on the site made little sense when viewed through the prism of the Pirate Party’s core values. It’s the Pirate Party, Jim, but not as we know it.


The ‘imposter’ Pirate Party website

ImposterPirate

I quickly came to the incorrect conclusion that Google translate was messing with me when in fact the truth was even more strange – someone had pirated the Pirate Party.

The real Pirate Party – known locally as Partito Pirata (we’ll refer to them as this from now on to avoid yet more confusion) – have their online base located at partito-pirata.it.

The ‘imposters’, who appear to promote environmentalism, both animal and social rights but nothing remotely ‘pirate’, have set up camp at PirateParty.it. They have been passing themselves off using the Partito Pirata brand for some time.

“We were born in 2006, together with the Swedish movement,” said former Ministry of Finance employee and Partito Pirata founder Athos Gualazzi, clarifying Partito Pirata’s roots. “Those others just want to use our reputation as leverage.”


The real Pirate Party website

RealPirateParty

In an interview late last year, Marco Marsili, the 43-year old professor of communications and journalist behind PirateParty.it, turned things around somewhat.

“We are people with experience in politics, they are just a cultural association,” Marsili said of Partito Pirata.

“They live attached to the keyboard and if the current is pulled they die. In all these years nobody has ever heard of them and now they take advantage of the visibility obtained by us,” he concluded.

But now, following a complaint made by Partito Pirata, perhaps more than a little ironically the Court of Milan’s specialist intellectual property section has moved to defend the name, identity and ‘brand’ of the genuine Partito Pirata.

According to a source familiar with the case, the judge’s reasoning in ruling in favor of Partito Pirata was that the Pirate movement is defined worldwide as being critical of copyright and seeking its reform. The ‘fake’ Pirate Party do not so they are not even conforming to the identity they’re trying to ‘kidnap’.

In his ruling the judge ordered the ‘fake’ Pirate Party and Marco Marsili to cease using the name Partito Pirata, Pirateparty or Pirate Party, on- or offline. The use of the name in a domain name is also banned. The group is further forbidden to use the official Partito Pirata logo and has 15 days to comply or face fines of 500 euros per infraction and 200 euros per day for non-compliance.

But the strange story doesn’t end there. According to Partito Pirata founder Athos Gualazzi, the attack on his Party’s identity has sinister toots.

“From the very beginning there has been an attempt to distract from our political experience by people we believe to be paid by the SIAE and the majors,” said Gualazzi. SIAE are the Italian Authors and Publishers Association, an organization responsible for the protection of copyright in Italy.

As well as being the individual behind the ‘fake’ Pirate Party, interestingly Marco Marsili is also the president of the Confederation of Italian Music, a trade group representing record producers, publishers, authors and artists. According to his personal site, Marsili claims to have “signed major contacts” with, among others, SIAE.

Although some will find this attempt at ‘pirating’ the Pirate Party quite delicious, ‘pirated’ is almost certainly the wrong word here. This appears to have been an attempt at identity theft in order to mislead. Quite how deep the rabbit hole goes after that is a question for another day….

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  • Duellistorigins

    Oh, hey, look at that. copyright infringement. Well, I’m sure pirates are fine with that. Oh wait, no they’re not.

    Hahahahahaha!

    • Uth

      “This appears to have been an attempt at identity theft in order to mislead.” It is called reading you could try it sometimes …

    • Captain Obvious

      There’s an important distinction between trademark violation and copyright infringement.

    • Your_False_Flag

      We just like to share our files .. if thats being a pirate then great!!

    • Anyone

      trademark and copyright are two different things

      if you make a perfect copy of something, that is fine
      if you make a cheap knockoff and try to sell it as the real thing, that is not fine

      • Quad Raphonique

        You are arguing that the quality of duplication; as well as the decision to sell the duplication or to keep it to yourself, somehow is a legal or ethical boundary. Do you have any source for all this?

        • Guest

          He didn’t say exactly that. An important part of the phrase is “as the real thing”. Most of us have no problems with cheap knock-offs, as long as the buyer is aware that it is, in fact, a cheap knock-off. Selling such while pretending it being the real thing is a form of fraud I also don’t support; however, selling it while informing your customers that it’s a fake is entirely fine with me.

        • http://profiles.google.com/zerianis10 Christopher Kidwell

          Quad, you miss the fact that making a duplicate of say…. Gucci in your home and then selling it as Gucci is fraud. Now, if you made that exact duplicate and sold it as ‘Quad’s Faux-Gucci’, that would be okay.

        • Anyone

          I meant it in an ethical sense

          if you offer me something (for free or for a price doesn’t matter) and it happens to be a perfect copy, then that is fine
          but if the copy is of worse quality and you try to trick me into thinking it is the real thing, then that is not fine, doesn’t matter if it is for free (fake torrents for example) or for money (a fake rolex watch, for example)

          the source for this is just my understanding of ethics.
          it will differ for other people, I’m sure, but I believe this to be “common sense”

    • DeviousANoi

      identity theft
      identity theft
      identity theft

      twisting reality won’t work……

      • Duellistorigins

        I am not an moron
        I have a IQ of 55 ( my teecher telled me thats above normal )

        Your a hipocritt

        • DeviousANoi

          lulz …. deviously

        • Anonymous

          I have a IQ of 55 ( my teecher telled me thats above normal),,,,,for a bowl of Petunias.

        • Bloaxor

          That kinda made my day, cheers.

        • DeviousANoi

          @Bloaxor ….no probs…. it sorta made mine a bit better / funnier too

          I couldn’t resist… the point is ID theft after all


          suitably warmed up now for a foxnation.com moron-athon

          ( fires up tor browser … switches brain to…. mock-moron-mode : )

      • Pirate Honest

        It cant be a theft. Surely we’(pirates) have been saying for years, that if the original is still there, then it is not theft? I guess we can only dish it out…

        • Bob

          You can’t tell the difference between identity theft and copyright infringement?

        • ShamedANoi

          Actually… I was just testing you… …. hmmmm .. walks backwards

          u got me….. ( well ….I got myself )
          I used a populist term…. ( id theft ) which is actually id Fraud.

          .

          I concede… twas a silly mistake… All my base belongs to you’s
          hangs head in shame.

        • ProudANoi

          but it aint copyright so….

        • retorterANoi

          btw….

          WTF… you are a Pirate ? … really…. an actual pirate ?
          You rape ? pillage ? and plunder ? Sail on a boat ? Have 1 leg ? patch on your eye ? parrot on your shoulder ? a hook for a hand ?

          .
          Note to self

          maybe knowing what was meant by a term like “”pirate”" or “”id theft”" .
          Is more relevant that the literal meaning…

          exception……. when it is misused as slander to con people

    • Anonymous

      Look trademark infringement and identity theft are two different things all together. I don’t give a shit about trademark infringement done in clearly in the name of satire, but identity theft is completely unethical.

    • Anonymous

      They weren’t sharing for the sake of culture though. If someone took your name, went around raping and pillaging, would you think that’s sharing your good name? If I download and share a piece of music, that’s sharing. If I call myself President of the United States….and try to pass myself off as such, well, I think the shit would hit the fan. Much as like the “Pay Up Or Else” schemers are doing. Passing themselves off as legitimate rights holders.

      To use the name of a political party…. if only we could do that, and get away with it. What a mess it would be.

      I suppose they were trying to make the point about pirating, but it certainly wasn’t sharing, it was hijacking.

      Don’t forget, pirating is just a term that has been put on the sharing community. We aren’t pirates, on the high seas, taking goods at gunpoint. We are a community of regular, normal people, SHARING CULTURE. Not taking the original. Not slandering anything. Sharing…. as we have always done. From mixtapes, to lending books, to bringing friends over to watch a bloody VHS movie.

      SABAM wants to criminalize singing Happy Birthday without paying for it.

      (sigh) But you wouldn’t understand anyway.

    • Ralph Brubaker

      Listen to them cry.

    • http://www.facebook.com/ValhallaLegend Andrew Lee

      There is a difference between a person downloading something for personal use and taking someones brand,logo ect and pretending to be them for their own personal games.

      First off it’s identity theft which is illegal and should always be.

      Second It’s retarded to even try and group the two types together. Someone pirating files is not out to make money from it. (Some might be but look at the Christan donation funds on TV they’re making a killing from promoting 3rd world areas..) IMO that’s fucking sick worse then any pirate has ever done.

      Third AT LEAST READ THE DAMN ARTICLE BEFORE YOU BASH SOMEONE!
      I know it’s asking a lot but I have faith in you!

      • Quad Raphonique

        Yes that was quite a bash there… I never seen such a bashing…

        I think maybe, you are going a little over the top, maybe taking things a little too seriously here? Just sayin’…

        I loaded a bong for you. Would you like me to send it to your home or office?

    • Duellistorigins

      Look. Who am I? I’m you!
      See… identity theft works like this.

    • GNNNNNN!

      It is a lame attempt at “infiltrating” the pirate movement so as to defame, corrupt, or otherwise slander the movement by acting from within. They could use some lessons from the weasels who work for the RIAA, or maybe the thugs working for the FBI & DOJ.

    • http://www.alexseo.se/ Alexander Edbom

      That’s not really copyright infrigement, more like identity theft or trademark violation of some kind.

      I don’t think any pirates are trying to make this legal, I don’t know why you are laughing fool.

      Actually, pirates were always for this. Even when aXXo torrents got faked, a lot of people complained and were angry. Because pirates are against identity theft.

    • Retaliator

      Folk, don’t wast time responding to the fake posting of these corporate paid troll.

      Just like this fake pirate party send by these corporate criminals the goal is to deceive and make people believe that there some public opinion who agree with this industry of parasites.

      Of course they fail because 1) their trolls are to obvious. 2) They are dramatically outnumbered by us. Obviously having one troll by forum using multiple ID can not cut it.

      Personalty I see this as a positive thing because all the money they waste on this take them closer to their ineluctable death. Also it demonstrate for everyone to see part of the level of corruption infesting this industry.

      The real level of corruption of a typical entertainment executives is much worst since it include pederasty, Proxenetism, thievery, blackmailing and even murder.

      Personally I believe that we should hang them all like Sadam Hussein.

    • Guest

      Copyright infringement is one thing, using another group’s trademarks for the sole purpose of misrepresentation, is another. It’s the same with plagiarism; I might be a pirate, but I still hate plagiarism and misrepresentation.

  • Anonymous

    Legalize marijuana

  • http://twitter.com/DaPratsta Phil

    This is fraud and deception rather than copyright infringement.

  • Anonymous

    “sinister toots”

    Sounds serious!

    #corrections

  • marxmarv

    Unauthorized copying is not counterfeiting. This, however, is clearly passing-off, and anticompetitive passing-off at that, and I would be overjoyed if Partito Pirata were to make this tool’s life a nightmare by whatever means are legal and available.

    So what’s next? How do we lay waste to the copyright industry? Since physical harm on people and property attached to the copyright industry is a little too thuggish for this stage in the game, how do we convince artists to self-publish instead? Campaigns with messages like “They will steal from you too”?

  • http://falkvinge.net/ Rick Falkvinge

    Assuming the facts are as presented, “pirating” is not really the word I would use here, as it is an inherently positive term (although it certainly gives a nice ring to the headline).

    It’s also notable that copyright monopoly law was not involved in the verdict at all.

    Rather, this appears to have been fraud with intent to deceive, and additionally, doing so to disrupt elections. That’s a different issue than copyright monopoly laws altogehter.

    So I’d ask the people who’d like to frame this as “pirates love copyright when it suits them” to hold their horses a little, or be torn to shreds in a quite trivial rebuttal.

    That said, I think the story is hilarious on at least three levels. :)

    • http://torrentfreak.com/ Rob8urcakes

      This is indeed deliberate FRAUD with an intent to deceive and disrupt the political process of elections.

      In fact, I’d go a step further than the Court did, and I’d strip this so-called Professor of his title. He’s proven himself to be a liar, a deceiver and a petty criminal. He’s undeserving of any Professorship.

      Sorry Rick, as much as I treasure my sense of humour, I don’t find this story the least bit funny,

      • skorn

        Hey Rob, did you get your name from somewhere? I was swimming the other day and I had the phrase Rob ate your cakes stuck in my head and I had no idea where it came from. It must’ve been from here I guess…

        • http://torrentfreak.com/ Rob8urcakes

          Nope, it’s all my own invention but have it used on a number of different sites and community forums – just do a search and you’ll find out all about me, what I get up to and where I do it lol :)

    • Timmy

      Agreed.

      Also, the court had to rule as they did, because otherwise they would be condoning a corruption of the political process. Making fake websites that pretend to represent a political party is serious fraud.

      This is not even in the ballpark of copying music files for personal use, so this attempt to pin the label of hypocrisy on the Pirate Party is woefully misguided.

    • study

      Pirating and scam/fraud differs, but I just dont know – how to pirate politics party correctly … I thin it will be allways fraud or scam.

  • Anonymous

    Well I didn’t expect that.

  • Tim

    Scary conspiracy aside this is troublesome but for the moment not a big deal and just more free publicity for the party, good thing I’d say.

  • Steve

    Expect more dirty tricks worldwide to discredit the Pirate Party.

    Expect false accusations of criminal conduct, leveled by the USA and its puppets.

    The enemy is ruthless, immoral, and funded by the 1%.

    God bless the Pirate Party.

    • Be

      … and may the Pirate Party kill God. Arrr.

      • Steve

        Agreed (IMHO).

  • Anonymous

    the ‘fines of 500 euros per infraction and 200 euros per day for non-compliance’ seem rather tame to me. when it’s a site doing what the entertainment industries dont want, it’s at least 1,000 euros per day fine! no consistency still!

    • Bloaxor

      Aha, yeah. And this is 200 Euro/day for phishing and discrediting a legitimate party.

      Whilst the mentioned 1000 Euro/day are for proxy sites. da fuq u theenkin aboot Sounds about right here.

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  • TootToot

    “Sinister Toots”? Sinister Roots, methinks.

  • Lethn

    This is potentially damaging for the pirate party movement, sorry, but reacting to someone trying to steal your name with a court order and copyright complaint is exactly the kind of thing I’d expect MIAA or RIAA to do.

    I can understand making mistakes, but being a serial hypocrite just doesn’t fly with me, you state your beliefs clearly and stick with them or you get painted with the same brush. I hope the rage posters on here take a look at themselves closely before thinking its ballsy to label themselves pirates and then fall for such a cheap trick by the very people they’re trying to decry.

    • Lethn

      ( I hate how there is no edit button on these comment pages ) just to add on to this comment, I think there’s nothing wrong with changing your views etc. but just saying whatever is popular is just a swift path to getting my boot up your ass.

      • http://gene-poole.tumblr.com Gene Poole

        register with Disqus and you can edit away to your hearts’ content!

        (edited because I don’t know how to spell Disqus, apparently. see how easy it is?!)

    • MadAsASnake

      Identity theft is way more serious than copyright infringement. It’s not the same thing

    • I am Lethn

      I’m Lethn, and I am a moron.

      OK, I’m not Lethn. But I stole his identiy (just for an instant) … and that had NOTHING to do with copyrights.

      Do you read, Lethn? Maybe you think you look better with boots in your butt?

      • Lethn

        No one can steal your identity, the only thing they can do is trick stupid people who are daft enough to someone else is you in the first place. If it really was that easy we’d have criminals constantly running around getting ordinary people arrested.

        • Lethn

          daft enough to believe* :(

    • Fredrika

      > “..but being a serial hypocrite just doesn’t fly with me, you state your beliefs clearly and stick with them or you get painted with the same brush.”

      Is it ignorance, or dishonesty that made you post such a misleading comment? The Pirate Party has never been against the trademark monopoly, and they have never been against the copyright monopoly based on the fact that it is an IP monopoly, as the trademark monopoly also is. On the contrary the Pirate Party has always said that the trademark monopoly is something good for society that works very well. There’s absolutely no hypocrisy involved in their reaction.

      I suggest you take a close look at yourself and think about whether it was ignorance or dishonesty that made you post your irrelevant comment, and then learn from it, so that you never make such a fool of yourself again, as you just did.

      • Lethn

        When quoting someone can you please post the relevant quote and actually point out correctly where I have said anything about trademark monopoly? That said, if I take your trollbait, have you not considered that many comedy shows wouldn’t exist if people could have a monopoly over things? You’d have situations like with Sports games where one or only a tiny fraction of corporations are able to produce them because of the legal status they have in that area.

        Having a monopoly over anything is dangerous, it destroys the idea of a free market and it is also stamps all over freedom of expression, not only that, it gets bloody expensive for the consumer. If the pirate party are really for trademark monopoly then I’ve lost all respect for them, but something tells me looking at your post and the way you instantly decide to attack me you’re talking bullshit.

        • Fredrika

          > “When quoting someone can you please post the relevant quote and actually point out correctly where I have said anything about trademark monopoly?”

          I did quote the relevant part. This article and news story is about an infringement on the trademark monopoly. Your accusation of hypocrisy was based on the fact, that since the Pirate Party are partly against the copyright monopoly, they can’t be for the trademark monopoly. This is an illogical and incorrect conclusion.

          > “..have you not considered that many comedy shows wouldn’t exist if people could have a monopoly over things?”

          This is an assumption of yours, not a fact. Secondly, the Pirate Party does not suggest a complete dismantlement of the entire copyright monopoly, so there would be no problem for comedy shows to exists, with the copyright changes that the Pirate Party suggest, based on the assumption that the copyright monopoly is necessary in the first place.

          > “If the pirate party are really for trademark monopoly then I’ve lost all respect for them..”

          The trademark monopoly is a consumer protection legislation, that guarantees that the consumer knows which producer that actually has produced the product that they are about to buy. Such a consumer protection law is something beneficial for society. If this means you have lost your respect for the Pirate Parties of the world, then that means that you have never actually understood the politics of the Pirate Parties in the first place, and what premisses and reasoning their political programs are based on.

          > “..but something tells me looking at your post and the way you instantly decide to attack me..”

          I decided to attack you based on the fact that you erroneously referred to the Italian Pirate Party’s response as hypocritical, which it clearly isn’t.

          > “..you’re talking bullshit.”

          Rest assured, every claim from me is indeed factual as it is written.

      • Marco

        I’m from the original Pirate Party of Italy: the case did not involve the protection of trademarks, but the protection of the the party’s name and identity.

        • Anyone

          that is a trademark (it might not be registered as such)

        • Fredrika

          > “I’m from the original Pirate Party of Italy: the case did not involve the protection of trademarks, but the protection of the the party’s name and identity.”

          Trademark usually refers to more than one thing, as in not only registered trademark, it also refers to the protections of non-trademark un-registered identifying names, as in your case, which also constitutes a type of trademark, but a less protected one, than a registered trademark.

          As Anyone said, an established organisations name and identity is something that falls under the trademark umbrella, even if it’s not registered.

          But this brings up a question i hadn’t thought of before, has the Swedish Pirate Party or PPI registered the term Pirate Party as an international trademark, through the Madrid system with Wipo? If not maybe they should.

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  • Anon

    “They live attached to the keyboard and if the current is pulled they die”
    lold

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  • Quad Raphonique

    Anybody bother to check out this fraud’s facebook?

    http://www.facebook.com/marco.marsili1

    Maybe he just wanted set up an organization to have/encourage others to have a “pirate party” where folks dress up as pirates and advocate for animal and social rights but not copyright reform?

    Isn’t it possible?…. that he was just fighting for the right… to party?

    True, what he did was probably illegal, as well as destructive to the political and social order. Don’t know about you, but that sounds like my morning breakfast.

  • lulu

    I’m Italian and… Only Italian can do that…

    I hate Italy….

  • http://gene-poole.tumblr.com Gene Poole

    “has sinister toots.”

    heehee. I bet you meant roots.

    proofread, man! Spellcheck doesn’t catch everything!

  • http://profile.yahoo.com/PUFGOPVO2ZICQETTU6VYF7LZ5Q Yoyo

    Bi-curious? -Datebi*cO’Mis designed for bisexual and bi-curious individuals to meet in a friendly and comfortable environment. It hopes that all members can make new friends and establish romantic relationships.

  • http://modmyi.com/forums/iphone-4-new-skins-themes-launches/740147-neurotech-hd.html#post5637502 Jay

    The music industry isn’t going to win the war on moral grounds if this kind of weird, ethically-questionable shit keeps coming to light.

  • Redygd

    http://www.youtube.com/watch?v=yQKaBt-8×20

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  • Anonymous
  • Christian

    First of all, deliberately mislabeling a product/organization as a known brand should (to some extent) be illegal, if for no other reason the damage they can do to the genuine one. In this case, poor thinking, possibly based on a misunderstanding of what the pirate party does support. HOWEVER, I would fully welcome the use of such tactics. If they want to show a problem with the ideas the party has put forth, they should do so by exploiting the pirate party’s own rules to benefit themselves. I support most of what I’ve seen proposed by the party, but often ideas that look good on paper experience complications when enacted in the real world. If they think our model has fatal flaws, expose them via abuse. If they took it seriously, they might be able to see things we’re overlooking. Even if the intent is malign, criticism could help with successful evolution of such ideas.

  • Asdf

    well, wtf, I could swear “imposter” was the wrong spelling. Being wrong sometimes is good.

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