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Dan Mitchell Exposes TorrentFreak as BitTorrent Pirates

At TorrentFreak we have a habit of ignoring commentary on other sites, but sometimes we make an exception.

Especially when it comes from the esteemed Dan Mitchell, who has written for Fortune, the New York Times, Slate, Wired, National Public Radio, the Chicago Tribune and his school paper.

Commenting on our ‘revelation‘ that the RIAA is allowing pirates to use their IP-addresses, he’s making a bit of a mess. Starting off by branding us as a pro-piracy site.

These accusations are far from solid. TorrentFreak, as its name implies, essentially promotes and defends piracy.

Since when do we promote or defend piracy… essentially? I’d like to see a reference.

The editor goes by “Ernesto.” If Ernesto hadn’t found any evidence that didn’t support his thesis, he wouldn’t have written anything. It wouldn’t have fit his agenda. And any evidence that he does find, he’s going to play up for all it’s worth, even if it’s worth next to nothing.

Oh really Dan Mitchell? Is that why we write about all those people who get fined and thrown in jail for copyright infringement? That’s clearly an anti-piracy agenda but there’s no other site on the Internet that puts out that message as much as we do.

We targeted the RIAA because they actually sued people who downloaded copyrighted content, so it has more news value than exposing BitTorrent pirates at Starbucks.

The lookup site Ernesto used, YouHaveDownloaded, is even sketchier. The Russia-based site is full of wackiness, like the bio of its main tech dude, Ruslan K., who says: “Ruslan has a vision and I’m ready to bet $100,000 against a candy that he’ll be on the very top of the Internet mountain in 5 years.” And the site’s main man, Suren Ter, responded in the site’s comments section to criticism of its accuracy by asserting: “The site is just for show.”

If Dan Mitchell would have taken the time then the site’s founders would have been more than happy to explain how legit their data is. That’s exactly what they’ve done to the 100s of real journalists who contacted them. Being Russian doesn’t mean you make things up, and the people behind the site run respective side-businesses also.

Or perhaps Dan Mitchell could have checked the comments on our original article where many people confirmed the legitimacy?

If that’s too much work Dan Mitchell could have also looked up some foreign titles on the site. Then he’d noticed that German content is mostly downloaded by Germans, Chinese by people from China etcetera. Pretty tricky to make that up.

It’s impossible to tell how accurate the site is, but all available information points to: Not very. For one thing, the site doesn’t account for the use of dynamic IP addresses, which get assigned within a block to various users at various times.

Right, in our original article we explicitly stated that it doesn’t take dynamic addresses into account. But…. The IP-range the RIAA has registered with ARIN is far from dynamic. If you know anything about the workings of ARIN assignments you would have realized that.

Any given address could easily have been used by some kid in a Georgetown dorm room and then been assigned to the RIAA’s Washington, D.C. offices.

No Dan Mitchell, that would be impossible as the RIAA has owned these IPs for years.

And the RIAA says that while it has been assigned some of the IP addresses within the range reported by YouHaveDownloaded it used those addresses for publishing its website, not for Internet access. YouHaveDownloaded apparently doesn’t make such distinctions.

No, but we do. The organizations we wrote about have static IP addresses. We’re not idiots. If Dan Mitchell only would have asked one person with some technical knowledge, he would have heard that these ARIN ranges that are assigned to organizations are not dynamic.

Out.

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  • Anon

    That’s hilarious. Go Torrentfreak!

    • Guest

      I dunno, just seems to be free publicity for some no-tech loser.

      I’d never heard of the guy and have already forgotten his name.

      • http://twitter.com/MylesTwine Myles Twine

        Dan Mitchell… kinda has that Matt Damon ring to it you think? Team America style of course.

  • http://twitter.com/Mathew30 Mathew Lisett

    Jesus, this dan bloke sounds like alow rent keyboard warrior. he must have been on the drink and been told to do a write up on TF for this utter shit to appear and for TF to actually respond.

    • http://torrentfreak.com/ Rob8urcakes

      lol, but I’d have laughed louder if you’d called him a low-rentboy, keyb warrior :)

  • Alyssa Blindy

    Well. Youhavedownloaded.com is just like any other tracking technology the governments have tried to use to track down pirates. Of course, maybe it isn’t the RIAA doing the downloads, however, if the RIAA admits to this, they will only prove that an IP address is not a person, or linked to any person.
    After torrent freak was bashed, the man did make an interesting set of points. First, he says he is against SOPA.
    “But the RIAA, the Motion Picture Association of America — and all the other media companies and lobbyists that sue their own customers or try to pass insane laws like the proposed Stop Online Privacy [supposed to be Piracy; why does everyone do that?] Act”
    Then, he goes on to agree with points made by people such as the EFF, and other organizations.
    “– don’t see piracy as the inevitable outcome of a digitally connected world, a technological and economic problem that needs to be addressed soberly and responsibly. They see it as a war, with them on the side of righteousness and everybody who has ever downloaded a song on the side of evil — as a dirty criminal.”

    This guy isn’t as awful as TF puts him out to be, and he does agree with TF on the point that an IP address is not a person…
    He seems to agree with TF in more ways than you may think.

    • Anonymous

      I don’t think Dan’s awful, he just doesn’t know what he writes about here.

      And personally I take offense when people say we promote piracy. You know, with SOPA and all?

      We’ll have a follow up on the RIAA thing tomorrow…

      • Anonymous

        But you do, don’t you? In this black and white world, in this war on terr… sorry, piracy, anything short of loading your shotgun and going on a killing spree in all US universities (c’mon, y’know them kids pirate stuff) is considered pro-piracy.

        Btw, do we have any idea as to why Dan Mitchell, a writer previously occupied with issues such as “Facebook’s cheesy ads”, “Groupon’s big bowl of problems” and Steve Jobs obituaries suddenly decided to take on the role of RIAA’s press office, shocked by their “lame response”? Surely this goes far beyond “an interest in technology”. In fact, his defense of an organization caught downloading illicit material would probably qualify as “pro-piracy”, even more so than TF’s overall stance. :-)

    • http://twitter.com/icanhazsake Ninja

      Good information digging Alyssa. I particularly don’t give a damn about this guy but it’s interesting to see that he too disagrees with MAFIAA. That automatically, in his views, makes him a pro-piracy advocate. Obviously not.

      So I’d go with Ernesto reply. He’s clueless. And sometimes we need to slap a clueless person so that he/she may be able to see this and get a clue.

      Other than that, thanks a lot for the inf you posted!

  • Reader

    No idea who this twat is, but he sounds like a Fox News troll!

    • http://pulse.yahoo.com/_IZ5BM5GNLA54OADSWGSXAMA7SY Jay

      Hey, hey, let’s be reasonable…

      No one is as bad as Bill O’ Reilly.

  • Guest

    Fuck off Dan Mitchell. If you are ignorant about something don’t write about it.

    Go TorrentFreak…

  • Danny

    I hear Dan Mitchell is driving a new Ferrari these days…..

  • guest

    so to sum it up torrentfreak reports on Hollywood corruption and therefore promotes piracy. sounds like 2 year old logic to me. Ive read articles from this writer before, he’s typically full of shit.

    Stay strong TF

  • DanMitchellisatool

    well it’s good that you replied, but as a simple 3rd party bystander I feel bad that you had to spend even a minute to respond to this tool.. some people are just better off not ever speaking/writing anything. Dan Mitchell is high up on that list.

    • Anonymous

      We ignore it 99% of the time, but sometimes it’s hard to resist…

      • http://twitter.com/icanhazsake Ninja

        I know how you feel. It’s hard to ignore the trolls because it’s amusing to play with them and crush their delusions =/

        We forgive you Ernesto =D

      • http://tinyurl.com/ANoiXioNA-personal-info ANoiXioNA

        first off…. Tactically +186000² ( it fell into your lap…you took it…good )

        Argue….. and win with facts…with someone “”above”" you…( esteemed social writer standing wise… NOT my judgement… you know what I mean tho ? )

        ? Be seen as a Bully …… or be humiliated ?
        This Moron obviously didn’t read the memo about not arguing with someone “”beneath them”". He can’t win….. literally.

        You are right to call this moron … a moron ( u wnt , I wL : )
        paraphrasing of course .. but essentially when you think about it … it’s the same thing… providing OBVIOUS facts and debunking the argument of an opposing arguer. That’s way more humiliating than calling someone a name.

        *ps* nice to see you angry write…it brings on a smile : ) …. when someone channels emotion into winning an argument factually.
        Passion is so underrated……

        “out”

  • robogo

    Sue the bastard for libel.

  • Tanel09

    Nice :)
    Dan ain’t the brightest of dumbest.

  • Anonymous

    Dan Mitchell just publicly humiliated himself and he’s far too ignorant about the technology behind the internet to ever realise it.

    • Colin

      Sadly most of his mainstream audience are similarly ignorant, not stupid, just uninformed.
      That’s how the MAFIAA get their lies so widely accepted.

  • http://www.facebook.com/profile.php?id=100002306462307 Suren Ter

    To fix it once and forever: 50,000,000 IPs and 100,000 torrents. It gives us 5,000,000,000,000 (yes, trillions) possible combinations.
    Naturally people hide their questionable actions. But sometimes they admit them publicly. Let’s use google discussion tools.
    “A few TV things my wife downloaded. Sort of comforting that is the only stuff showing.” – http://forums.hipinion.com/viewtopic.php?f=1&t=38642

    “They listed several files that I had downloaded including the date and time” – http://forums.peerblock.com/read.php?3,12290,12327 (we removed exact time stamp later and replace it by Month+year only)

    “It’s real, it’s shown some of the linux distros I’ve downloaded.” – http://www.facepunch.com/threads/1148537

    I guess even three winnings in 1-to-5 trillion lottery would be enough to conclude – something is not random here.
    Mathematically speaking the calculation above is not quite correct – because we are talking about many experiments – which is increasing the chances. But all three quotes stays that we were right about several files at once. To give you an idea:
    If we are correct about 4 downloading files of one user – the probability that such an event is happening randomly – it is ~ 1 to 125,000,000,000,000,000,000,000,000,000,000,000,000
    To compare – national lottery jack pot winning chance is about 1 to 100,000,000

    Therefore you have two options to believe in : a) we are unbelievably lucky OR, alternatively, b) our data is not just a random mix. The choice is yours.

    • Einstein

      Guess when you mix your random mix with mixed copy paste data from several popular swarms out of your torrent client, you will have the same result :D

      • http://www.facebook.com/profile.php?id=100002306462307 Suren Ter

        Of course it will not be the same. Follow me:
        1) you confirmed that calculation above prove that we have at least some part of our database is real.
        2) Let’s estimate the size of such a part.
        a) IP4 is almost over, let’s say it’s 4,000,000,000 of them
        b) our database contents 50,000,000 allegedly random IPs
        c) Let’s say 10% of population uses torrents. (it’s 8.36% actually – but let’s be optimistic)

        (a)&(b)&(c) => ~98% of complains should say “wtf?! This things says that I’ve downloaded some torrents. I have no idea what the torrent is!” However 2 minutes with google confirms – it is not like that. It is quite different.

        Can you do the rest of the math by yourself?

  • MC

    Funny thing is, Dan has missed the point of TFs article. Either the RIAA admit theyve been downloading shit just like the rest of us, and their high and mighty position on the subject is ablated, or they claim that its not accurate, which will be great because it uses the same techniques to finger filesharers as the RIAA uses to sue people, so they would be admitting that theyve been filing suits on zero evidence.

    Its great, RIAA is damned if they do and damned if they dont on this one. Clever TF.

  • Anonymous

    It has the word Torrent!!! McGruff taught me Torrents are bad!!!!!!!!!!!!

    Dan – We could explain it to you, but we can’t understand it for you… your an idiot.

    • http://tinyurl.com/ANoiXioNA-personal-info ANoiXioNA

      Quote of the day….. +1

      “We could explain it to you, but we can’t understand it for you”

      I will be ripping n burning that into my brain.

  • Kr0nZ

    ” Any given address could easily have been used by some kid in a Georgetown dorm room and then been assigned to the RIAA’s Washington, D.C. offices.”

    LOL does this guy seriously believe that anybody can spoof any IP address? This guy must be really be technologically challenged.

    If this was possible the entire internet would be unsafe. I could, for example, spoof PayPals IP and collect logins and passwords, much more profitable than copyright infringement.

  • Anonymous

    In the end, who cares what this a-hole thinks. Admittedly a brand like “torrentfreak” is going to induce assumptions for folks who don’t know better. The viewers here are largely pro-file-sharing, anti-copyright (ala DMCA) and anti-RIAA/MPAA but there is never an incentive to pirate in the discussion and articles. The real story that needs to be told in mainstream media is the corruption of due process, legal dirty tricks and extortion that’s rampant in the name of copyright enforcement. If only this much effort was used to solve real problems.

    I think there is such a level of disdain for “pirates” that abusing the legal system is just as justified as it would be for planting evidence on a drug dealer (not that I am condoning either.) The vehemence with which copyright is enforced is almost religious in nature.

  • Lol

    you guys do write about the poor folks who get heavily fined for downloading stuff, but then in the same article you would basically say it’s dumb people would get charged absurd about of money “for just a few songs”.

  • Ioutrankyou

    Was what the guy wrote seriously Journalism? I think we understand why his worked at so many places in the past.

  • http://hdmikabel.narod2.ru/ hdmi

    Poor Danny. The more he tries to understand technology to refute torrentfreak’s getting their technical freak on him, the more he’ll realize how badly he stepped on it.

    Next he’ll try “deleting” his content from the Internet.

  • Matt

    I have actually come across some of Dan’s articles in the past and to be honest reading through this I find it hard to believe he would publish it without proper research.

    That said, there are a lot of journalists that dont fully understand the technical side of things.

    In the past the RIAA have automatically assumed that whoever owns the IP at any given time is the person that has commited copyright infringement and prosecuted people based off that. They have taken that in the past and used it as hard evidence.

    They expect that the bill payer knows everything that happens through that internet connection and as such they are liable for it.

    After their own exposure, the RIAA are a victim of their own ‘hard evidence’ and hopefully they will now see that no matter who you are, no matter what resources you have in place that it is impossible for someone to know about everything that happens with thier internet connection.

    Hopefully they also realise that just because 1 person is responsible for an IP address, it doesnt mean that person commited the copyright infringement.

    Who knows, one day we will have something like iTunes that isn’t iTunes (i hate it) that can deliver music, movies and tv on demand. If a TV show aired an hour ago, I want to be able to watch it online now.

    Just cut your losses and invest your money in a legal service that add’s value a pirate could never add. Something that tracks what you’ve watched/listened to, suggests new content based on what you like, engages you with social commentary/feedback, encourges legal sharing (whether its an old recipe or a move people love sharing, its human nature no law will change that) and so forth.

    We want the Amazon of digital media today.

  • Erthwjim

    The problem in general is people in the main stream media writing about things they don’t know.

  • Petrus_arne

    in Norwegian law it is written that if you do not have a physical verson of movies / music / books, then you should not have to pay more than once … same rules are in usa. hidden away in the old law if I am not completely mistaken

    Go and keep fredom safe…go,go TorrentFreak…

  • Pirate

    Oh no you didnt!

    Lol he just got owned

  • Geoff

    The trouble is, how long before the RIAA, in their typical biased way start referring to that article as fact? “Look, Torrentfreak is a infringing site, Dan Mitchell says so.

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