Identifying Pirates Now Easier Following Swedish Supreme Court Decisions

enigmax
January 4, 2013
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IPRED,
Swetorrents
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A pair of decisions by the Swedish Supreme Court means that it will now become somewhat easier for rightsholders to identify file-sharers. The cases, which involve the identities of the administrator of a BitTorrent tracker and an alleged book pirate, have been dragging on since 2009. They have both now ended with the Supreme Court ruling that two ISPs will have to hand over identifying information under Sweden’s IPRED legislation.

Should rightsholders in the movie, music and publishing industries be able to obtain the personal details of alleged file-sharers from ISPs in order to pursue civil copyright cases against them?

That answer to that question has been a long time coming and has its roots in two cases dating back more than three years.

In the first case, initiated following the 2009 introduction of the IPRED legislation in Sweden, five book publishers delivered a request to a district court.

Led by anti-piracy group Antipiratbyrån, the publishers wanted to force the ISP Ephone to provide the personal details of one of their subscribers who they claim uploaded 2000 audio books to a server, 27 of which in breach of copyright.

In June 2009 the district court ordered Ephone to hand over the information to Antipiratbyrån. The ISP objected, arguing that the request was not in line with the data retention directive, and took the case to the Court of Appeal. The ruling of the district court was eventually overturned and the case was sent to Sweden’s Supreme Court for consideration.

The Supreme Court sought the advice of the European Court of Justice which responded in April 2012 stating that the data retention directive does not preclude the handing over of information on alleged infringers in civil cases as long as certain conditions are met (detailed analysis here).

The case went back to Sweden’s Supreme Court for its decision, one that would affect the privacy of another individual in a second important case. He or she is the alleged administrator of the SweTorrents BitTorrent tracker and was also targeted under IPRED.

That case was also initiated in 2009 just after IPRED kicked in. Four movie studios applied to the Södertörn District Court in an attempt to force ISP TeliaSonera to hand over the personal details of the individual.

In December that year the district court said that TeliaSonera must hand over the name and address of the SweTorrents operator to anti-piracy groups Antipiratbyrån and Rättighetsalliansen (Rights Alliance). Like Ephone before it, TeliaSonero was concerned over the disclosure and took the case to the Court of Appeal, but the attempt was unsuccessful and the earlier district court ruling stood.

Refusing to accept defeat TeliaSonero asked the Supreme Court to hear the case. However, the Supreme Court already had the Ephone matter to deal with and the decision there would affect the SweTorrents case.

Two days before Christmas 2012, the Supreme Court decided that the book publishers in the so-called “Bonnier Audio” case did have the right to obtain the personal details of the individual who had stored the 2000 audio books on his server.

Whether it will be possible to find the individual remains unclear. During the case Ephone went bankrupt and of course it has dragged on for such a long time further evidence will probably be long gone. Nevertheless, the publishers say the ruling will still prove useful.

Pia Janne Nyberg, a lawyer at the Swedish Publishers’ Association, said that the ruling will be used to obtain the personal details of other people sharing content online so they may be sent warning letters. At this point it is unclear if other rightsholders will chose to take things further.

With the ruling on EPhone handed down, the Supreme Court announced yesterday that it had rejected TeliaSonera’s request to have their case heard.

“The Court of Appeal’s decision stands. The decision means that TeliaSonera needs to give out the information about who was the registered user of the illegal file sharing site SweTorrents,” Rättighetsalliansen lawyer Sara Lindbäck told TorrentFreak.

“The legal system is catching up. In recent months there have been several verdicts from the courts against copyright infringers. We will now take some time and see what the next step will be,” Lindbäck concludes.

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Scary_Devil_Monastery

Given that this has been well known since the inception of the case, only really affects those dumb enough to use old DC++, and to some extent, centralized trackers it’s much like seeing “news” to the effect that the surgeon general has condemned the use of antimony as an eyeliner.

All in all, this “first test” of Sweden’s implementation of the IPRED directive has turned out exactly as predicted. For all intents and purposes, useless.

Though no doubt Baghdad Bob-”Anon”, Bobmail or Nejtillpirater will be along shortly in order to gloat over this “triumph” and the “DOOM” it spells for swedish pirates. In full and willful ignorance of the fact that the only technology threatened by this is the obsolete and discontinued one.
- Funkycheese75
  
  What’s wrong with dc++? I would imagine it would be better than torrenting.
  - http://nejtillpirater.wordpress.com/ Nejtillpirater
    
    Dc++, bittorrent, ftp, swapping floppy disks or whatever… Piracy has nothing to do with technology, the law is neutral to technology. It’s always the actions that make is unlawful or illegal.
    - you disguist me
      
      “”the law is neutral to technology”"
      Then WHY are all these new laws proposed and implemented then ?
      
      “”actions that make is unlawful or illegal.”"
      So don’t use technology to copy and paste that* , or fucking else, criminal.
      
      Your argument is of a dictatorial side of power, limiting the masses for their perceived financial gain and exuding punishment for all who defy them.
      
      Humanity and the masses are proud of you @Nejtillpirater.
      Keep fighting for the dictators in power.
    - Whatever
      
      You keep contradicting yourself to drag in the word “law” over and over again.
      
      Your “crimes on the internet” is specific to WAN technology. It is technology dependant which has nothing todo with floppy disks technology.
      
      You only want neutral law when it suits your comment.
    - Guest
      
      “Piracy has nothing to do with technology”
      
      Yes, pirates share files by magic.
      
      Has Nejtillpirater just reached a new level of brain damage?
    - Guest32
      
      @NTP
      “Dc++, bittorrent, ftp, swapping floppy disks or whatever… Piracy has nothing to do with technology, the law is neutral to technology. It’s always the
      actions that make is unlawful or illegal.”
      
      False, the Swedish private copying exemption legalizing copying for personal use is specifically dependent on copying from an original source. I can copy my friend’s entire cd collection and the law privileges this kind of copying over obtaining the exact same data from a ftp server.
      
      So when you claim that the method of swapping is irrelevant according to the law, you are as usual clueless. The law explicitly and clearly grants me the right to make a copy depending on which technology I use.
    - http://nejtillpirater.wordpress.com/ Nejtillpirater
      
      @Guest32
      
      “So when you claim that the method of swapping is irrelevant according to the law, you are as usual clueless. The law explicitly and clearly grants me the right to make a copy depending on which technology I use.”
      
      The method is irrelevant, the private copying exemption requires that you must copy from an original (and not break any copy protection), it doesn’t state any requirements on the used technology. If you have ripped version of the original it’s no longer an original no matter what technology you’re using for storage and copying. You still haven’t got it, have you?
    - IDIOCRACY
      
      ” If you have ripped version of the original it’s no longer an original no matter what technology you’re using for storage and copying. You still haven’t got it, have you?”
      
      Are you insane? do you actually say here that I can only copy from my original and then bring it to a cd or dvd press company to have them pressed with a original label on it, did you just say that?..because that is what it reads. a copy is never the original, so how does this law then allow you to copy from the original?
      
      You truly have the brain of a chicken (they can walk without a head…… a few meters hehe)
    - tonyj123
      
      “Are you insane? do you actually say here that I can only copy from my original and then bring it to a cd or dvd press company to have them pressed with a original label on it…”
      
      I wonder how the streaming technology works within this scheme since more people are gravitating away from hard copies of DVDs and CDs, to expensive, to wireless information transfer.
    - Jatillpirater
      
      Anyone up for some floppy disk swapping? The Hobbit in 1080p will need a few floppies…
      
      1.44 MB with pure love
    - Tech
      
      Law is neutral? Obviously, it’s not. Right now there is just some groups
      which are deciding how the technology must work on internet,
      now if somebody invents a new protocol for internet that can be innovative
      and helpful for all and they see that goes against their own interests
      they could try to destroy all the research if they can.
      
      So, where is the neutrality, when only a few persons are deciding
      what’s better for the rest? Those laws are clearly for their own benefit only.
      If you are not part of those groups, then you’re just a blind follower,
      a moralist, one of those that thinks: “It’s the law, I must obey”.
  - Guest
    
    “What’s wrong with dc++? I would imagine it would be better than torrenting.”
    
    The problem with DC++ is that it’s easy for anyone to correlate which files are shared by the same user.
    
    If you share 1000+ files simultaneously over DC++, you are a sitting target for the kind of court order the IPRED law was intended to cover.
    
    The copyright holder can go to court and argue that the number of files shared by the same user is justification for discovery, and if the number of files is very significant, even criminal prosecution is possible. I have heard that the proportionality threshold under the IPRED law is so ridiculous that even public sharing of *one* single music file is sufficient for the copyright holder to obtain the identity of the account holder. And if the police or copyright holder conduct a forensic investigation of your computer, they can often match the files made available over DC++ with your collection.
    
    Bittorrent is different in that there is no shared library showing which files are shared by one user.
    - Funkycheese75
      
      So the actual copy right holder of the shared files is the one that will push the issue? How about those that share rare files from the 1950s that don’t belong to any big corporation? Surely those that download the new batman movie or the new hot artist album would be in a greater risk than those that share the older rare stuff.
  - Scary_Devil_Monastery
    
    dc++ = direct link to centralized hub.
    
    A plethora of napsters, in other words.
- http://nejtillpirater.wordpress.com/ Nejtillpirater
  
  “Though no doubt Baghdad Bob-”Anon”, Bobmail or Nejtillpirater will be along shortly in order to gloat over this “triumph” and the “DOOM” it spells for swedish pirates. In full and willful ignorance of the fact that the only technology threatened by this is the obsolete and discontinued one.”
  
  The ignorance is on your and Fredrika’s side.
  
  No technology is threatened in any way. Haven’t you learned yet that law is neutral to technology?
  
  Piracy is unlawful actions taken on the creator’s expense, irrespectively of used technology. I’ve pointed this out to you for several years now but you and Fredrika still haven’t got it. Maybe you should start reading the law and the sentences to catch up a bit before discussing the subject?
  - Anyone
    
    the MAFIAA has killed many tech companies with lengthy law suits the companies won in the end, but went bankrupt because of all the costs
    
    or look what the MAFIAA is doing to google, censoring billions of search results, slowly destroying its usefulness
    
    so yes, copyright is killing new technology, because copyright is incompatible with new technology
    - http://nejtillpirater.wordpress.com/ Nejtillpirater
      
      You still haven’t mentioned any case on killed technology, you’ve only mentioned companies using technology in an unlawful way. The technology can be freely used – i.e. not killed – if used in a lawful way.
    - Anyone
      
      as I said, they won the lawsuit in the end, they just run out of money doing so
      so the court said they were using it lawful, but the MAFIAA bullied them into bankruptcy
    - Guest
      
      @Nej
      You use ‘law’ like it’s a fair system.
      It isn’t. It is extremely one-sided. The corporations are given a media platform.
      The public are never asked their view, there is never a poll, the majority of discussions are held behind closed door, and resulting minutes and decisions kept secret.
      It is your right to argue what the law is (and what you think it ought to be), but you never recognise how damaging it is, or could be, to the emerging world society and to innovation.
      That is why the corporations, the justice system and cultural myopic people like yourself, are utterly reprehensible. In the long term, they do damage than good.
    - Who
      
      @Nejtillpirater: “killed technology” audio tech that has been killed (discontinued) 8 track, LP’s (records), cassette tapes, phono chords (the round cylinders)
      
      video tech……beta max, VHS, LD (lazer disk), some forms of projection.
      
      ALL of this tech has been killed (discontinued)
      
      if you are talking about a court case I do know of one…..Microsoft vs linux and the start button. the court ruled in the favor of linux OS. now the START button is gone (now its just a circle with a logo on it)
      
      “if used in a lawful way” IF the copy guard protections are PREVENTING the law full use of ANY tech, that is ALSO considered UNLAWFUL. BUT nothing is EVER done about that. cause it DOES say in the DMCA that the copy protection CAN NOT prevent the LAW FULL USE of ANY works.
      
      BTW smart ASS it has prevented it’s use.
    - GobblinBoy
      
      Video killed the radio store! FACT
  - disguist
    
    When the law is written by a rich few to serve them ?
    Law is NOT neutral to technology, law dictates the use of technology ?
    THE CONTENT IS NOT ILLEGAL. (not talking about illegal files)
    It’s the copying/sharing of legal files that is the issue.
    
    Make a file for $1,000,000,000,000,000
    OOPS…. it can be copied endlessly at no cost.
    WHAT RETARD THOUGHT THAT WAS A GOOD BUSINESS PLAN.
    QUICK…change realty.
    OR………make laws to punish anyone who copies it.
    WE …….need he right to be SHIT at business.
    
    $1,000,000,000,000,000 making file =/= $1,000,000,000,000,000 file value
    Law to tell us it should == RETARDED
    Criminalising people because of that reality == RETARDED
    
    People V few rich retards
    You have clearly picked a side @Nejtillpirater. There is no middle ground.
  - Who
    
    “No technology is threatened in any way. Haven’t you learned yet that law is neutral to technology?”
    
    LOL Wrong again smart ass. LAW’s ALSO govern the creating of tech just the same.
    
    WOW your are defiantly proving just how smart you really are.
  - UKBloke
    
    “No technology is threatened in any way. Haven’t you learned yet that law is neutral to technology?”
    
    Then why are court orders being used to block whole IP ranges used by the Pirate Bay when it has lawful uses too (I use it for lawful means and have to proxy around the ISP blockade). That’s a great example of law being used in a non-neutral way against a particular neutral host site associated with a particular neutral p2p file transfer protocol. The law changes to suit the wishes of the monied interests at the expense of all other users of the technology it is being targted at.
  - Guest
    
    “Piracy is unlawful actions”
    
    Only in some ass-backwards parts of the world. In other countries more attuned to reality, piracy is completely legal. But of course you ignore that.
    
    “taken on the creator’s expense”
    
    Nope. The only thing piracy does is give creators more exposure and sales. The ones fattening themselves at the expense of creators are the middleman parasites: the MPAA, RIAA, et al.
    
    And when a creator turns to the MAFIAA and asks them why their paycheck is shit, they always say “pirates did it!!” rather than be honest(ha!) and admit “well, it’s because we’re robbing you”. And that’s the service you provide… Lying to creators and the world at large that the problem is with the people who share, and not with the people who steal.
    
    “I’ve pointed this out to you for several years now but you and Fredrika still haven’t got it.”
    
    They haven’t “got it” because it isn’t true.
    - Musician
      
      As an artist, I can tell you for a fact that you are completely full of shit.
    - guess
      
      @Musician
      
      What’s the difference if i listen to a whole album on youtube with an adblocker or torrent it?
      
      I’m still listening to it for free.
    - tonyj123
      
      @Musician
      
      If no one has pirated you or you are not on Youtube, I can guarantee that you will never gain a following, you are lost among millions of Musicians who are playing their heart out just to get noticed, competing with Musicians who not only have the talent and the genius for creativity, and are working hard to create a career for themselves but will never get the recognition they deserve because they never get the exposure the entrepreneur artist are taking advantage of on the net.
    - Guest
      
      @Musician
      
      Oh good, it’s another gullible and talentless artist who blames piracy for his failures rather than looking in a mirror and worships the MAFIAA.
      
      Well, here’s a dose of reality for you.
      
      http://torrentfreak.com/10000-artists-signed-up-for-pirate-bay-promotion-12110/
  - Guest32
    
    @NTP
    
    “Piracy is unlawful actions taken on the creator’s expense, irrespectively of used
    technology.”
    Yes, and the keyword which even
    u understand is unlawful. If the said action is not unlawful or later made lawful, there is no cognizable wrong against the copyright holder.
    Under the Berne Convention and EUCD, Sweden and any other country can legalize private non-commercial copying, provided that the copyright holder gets fair compensation.
    
    This is the crux of Sweden’s private copying exemption which grants the consumer a right to copy certain media for personal non-commercial use.
    
    Under the IPRED law, the owner of the server and the downloaders are lawbreakers for making the audio books available, but if all the users borrowed the original works from public libraries, or from each other, they could copy all they wanted and stay legal.
  - Guest
    
    You should be ashamed of yourself for working for these corporate parasites and criminals. What is your justification?
    
    I just want to warn you that the people of the world had more than enough of your kind and that you and your bosses are foolishly digging their grave.
    
    I believe that whatever you get out of it does not worth the growing risk.
Hogspace

Sweden, like the US only nastier.
- BuddhaFacePalmed
  
  But you gotta admit, most of their chicks are HAWT, for a winter country :)
  - Hogspace
    
    Hmm I think the Dutch girls are better still.
    - LilJohntherapper
      
      u mean russian/ukraine?
    - Hogspace
      
      Mmmmm Russian Girls Mmmmm
    - The Swedes
      
      I hear the Swedish woman can handle sausage really well. lol
    - No-Offense
      
      Slavic girls are better, Sweden is overrated for some men,
      they said all “Swedish women are blonde”, but the truth is there are blonde girls,
      not all of them are blonde and their facial traits are usually wide,
      if you like the cheekbones, then they are the girls for you.
      BTW, Dutch girls lack of femininity.
    - No-Offense
      
      Tsk, I meant “overrated BY some men”
  - Birdhouse
    
    Like that will do you any good if they put you in prison for uploading Justin Bieber.
    - Andrew Lee
      
      Damn lol that would be very very VERY embarrassing!
      
      What are you in for?
      Uploaded Bieber..
      ROFL GET EM
      Wait! I mean murder.
      
      I would say a chomo rapist would have a easier time in prison. Not that their time is easy to begin with lol. Every convict around is just waiting to fuck them up or kill them.
      
      The last time I was in the slammer “drugs” there was one of them types around but they shipped him off to PC really fast. Well only after he was beaten half to death by a few bgd members.
      They asked me what I saw and I replied mother fucking justice. If he was a Bieber uploader I would have said justifiable murder via boots to the head.
  - Frankie098
    
    Ask Julian Assange if he thinks they are HAWT.
    - Whatever
      
      He would just add: “and dangerous”
  - Danny
    
    They used a similar process to what our friend Adolf wanted to do:
    http://en.wikipedia.org/wiki/Eugenics
    - Thread saved
      
      Same with Scotland, aka….Land of the Awesome Gingers ?
      
      Maybe it’s actually an evolution thing. Like dark skinned people in really hot countries.
- Hmn
  
  So basically isp goes bankrupt for asking questions and going to court due to mafiaa and friends. nice legal system (not)
Feed

I can’t wait to see what Fredrica comes up with to say about this one. More spin no doubt!
- Scary_Devil_Monastery
  
  Fredrika usually shows up only to counter obvious and blatant lies made by ill-informed or willfully ignorant trolls.
  
  And there is little “spin” to make on the ePhone case other than the fact that the case pertains to a closed and password-locked forum meaning that:
  
  1) The initial investigation had to be made by a civilian third party performing what is legally known as intrusion.
  2) Since the forum was password-protected and locked to a selected group, Sweden’s fair use laws may actually cover any actual court case to come out of this.
  
  In short, the ePhone case merely illustrates that even where completely legal fair use may apply it is safer by far to start using pirate methodology. And that someone has committed an actual penal crime in order to dig up the facts to start the case to begin with.
  
  It’s completely irrelevant as far as “piracy” is concerned, other than that it spreads the dual-use of the darknet.
- Frankie098
  
  I have no doubt she will post some thing more useful then you.
- http://nejtillpirater.wordpress.com/ Nejtillpirater
  
  Where is she? She usually shows up a couple of minutes after someone has uttered anything that is opposed to the typical piracy propaganda.
  
  Maybe she’s got caught by the backsides of Kopimism? Virus and bacteria copy themselves very fast you know…
  - ddasas
    
    It’s not a she though, lol.
  - Haha
    
    The guy spweing nothing but propaganda on this site is talking about other’s supposed propaganda.
    
    Hilarious.
  - Our Bubbles Stand-in
    
    LOL.. projection much ?
    *When some utters anti-pirate propaganda. (fixed that for ya)
    Like “copying = theft” isn’t blatant propaganda.
    So much fail, especially when you think “you got us this time”.
    
    Anti-pirates
    
    Brainwashed with propaganda
    
    OR
    
    Shill
    
    PICK ONE
    - bobmail
      
      How about “less of a strident jackass then you?”
    - Frankie098
      
      @bobmail
      
      tsk! tsk! Bob, did you lose your temper.
      Go take a cold shower you will feel better.
  - Whatever
    
    Maybe she actually has some work todo for a living unlike you, who only has to troll for a living.
    
    If you didn’t have any bacteria in your body, you would be dead. So unless you are a machine you must have them too illegally copying themselves in you. The only way to solve this is to burn yourself to ashes.
    
    In case of viruses, weren’t you against internet crimes ? You are now supporting criminals that create viruses because you can’t win from your adversary ?
    (i guess viruses in your opinion would be in the artist creativity catagory)
    - Guest
      
      @Whatever
      
      I believe trolling for the MAFIAA is the work that Nej does for a living…
    - bobmail
      
      No, at most she has a paper due for her senior year class, and can’t take the time to show us all the things she has learned about life while living at home with Mommy.
    - D32
      
      If he’s getting paid for that, his boss never supervised his work
      and he’s too lazy to do it well. That’s the way to waste money.
  - Guest
    
    Anyone would guess by you state that you love relishing and get pleasure in what Frederike writes.
    - Sssss
      
      Maybe he gets paid pa the number of posts. So when Frederika is around, it means more posts for Nej, which provides him a larger shill fee.
  - Guest
    
    Nejtillpirater: “HAHA! Lookit how Fredrika is always writing comments on Torrentfreak! She’s got no life!”
    
    *Fredrika takes a vacation*
    
    Nejtillpirater:”Wh… Where’s Fredrika!?”
    
    “piracy propaganda.”
    
    Name one single word of “piracy propaganda” – one single word – that isn’t actually a verifiable fact. Do it.
  - Nejtillhumiliation
    
    “Where is she?”
    
    Aw!! Your playmate’s not here Nej!
    
    You feel that feel when mistress isn’t around to abuse your sorry ass?
    
    Funny isn’t it, that so many people in positions of power actually get off on being dominated and humiliated? The struggle for equilibrium in our lives…
    
    No worries Nej, she’ll be back to humiliate you for our amusement.
    
    Now, mistress wanted that floor cleaned with your tongue. What a naughty boy you have been…
    - Hi Im Kimchi Men
      
      “You feel that feel when mistress isn’t around to abuse your sorry ass?”
      
      hmmm I didn’t know Fredrika was a Dominatrix
    - Scary_Devil_Monastery
      
      @Hi Im Kimchi Men
      
      “hmmm I didn’t know Fredrika was a Dominatrix”
      
      I doubt she is.
      
      But with Nejtillpiraters usual mix of lies, damn lies, and delusions to counter, any reasoned refutal instantly turns into a bone-crushing blow against the ego of the original author countered.
      
      It’s hard to be polite when the opposition is standing on a box screaming at the top of the lungs that the earth is flat, the moon is made of cheese, and all pirates will burn in hell.
  - ScrewEwe2
    
    You must be confused.
  - FúckJAtillPirater
    
    So does your blatant stupidity inside your skull apparently. You usually pop out of your little troll cubbyhole on cue right on cue when there is something to gloat about.
    
    I was thumbing through an book from World War II the other day and read about what the resistance fighters did to the women who had slept with the Nazi soldiers. They were cut bald, having swastika’s painted on their naked backs and chased through the streets.
    
    Take my advice and knit yourself a hat ahead of time.
A Concerned Internet Citizen

Well, to hear that EPhone went bankrupt trying to protect the privacy of a customer is some consolation, at least. At least they stood up for what they thought was right, even though they lost a lot in the process.
Anyone

isn’t the information only saved for a limited amount of time and by now most likely deleted?
- dondilly
  
  Yes, data retention time is limited.
  
  On a general point, ISPs fight measures to turn over logs and account details as they know how unreliable the data is. There are some ISPs that couldn’t care less as they are not the ones being threatened, they also make money on the deal by overinflating handover costs.
  
  It looks like the primary reason they continued the case AFTER Ephone went out of business was because the case was contested but any appeal after the demise of the company would be one sided (but still count towards caselaw).
Publishing Restrictions R Bull

This book is not available in your country due to publishing restrictions. !!!!!!!!

I am forced to file share audiobooks as i have dyslexia and find reading more than one or two paragraphs to difficult to be pleasant, I frequently get the above message which I find absurd as I regard the internet as a border-less virtual zone and restrictions by country fascicle and archaic I am concerned for blind people who cannot realistically consume books independently without a personal narrator or braille.
- bobmail
  
  “I frequently get the above message which I find absurd as I regard the internet as a border-less virtual zone and restrictions by country fascicle and archaic”
  
  China would like to talk to you about your unpaided taxes and why you have more than one child. Oh wait, in this case, you think borders are important.
  
  You can’t pick and choose when the law should apply to you only because it works for you. Sorry.
  - Midas
    
    there he is.
  - Anyone
    
    I can have children over the internet now?
    
    who knew
    - 2nd Strike
      
      Use protection when you’re having cybersex now.
  - BuddhaFacePalmed
    
    You’ve might as well say that disabled people don’t deserve any support, you twat.
  - Colin Carr
    
    Just brimming over with the milk of human kindness aren’t you?…
  - Whatever
    
    One to keep in mind the next time you complain about the law in some other country. And when the US-i dont like those countries because they pirate-list comes up again.
    
    We can assume that this is the official view of the MAFIAA.
    Another thing that can be assumed is that you scared away a potential customer as “Publishing Restrictions R Bull” will now probably do the smart thing and not even buy even available audiobooks ever again.
    
    You are a pirate, you caused a potential loss.
  - Guest
    
    “You can’t pick and choose when the law should apply to you only because it works for you”
    
    You can pick and choose what laws the follow and what laws to ignore. That’s what everyone does.
    
    So many people have put copyright law their “do not follow” list that it’s now unenforceable. The industry can either struggle in a pointless attempt to stop it from being fully legalized all over the world, or they can stop tilting at windmills and let it be legalized now.
    
    But either way, it ends the same.
    
    You just keep on telling us how the MAFIAA is crushing all those armadas of pirate ships as they sail leisurely behind you, though, Baghdad Bob.
    - bobmail
      
      “You can pick and choose what laws the follow and what laws to ignore. That’s what everyone does.”
      
      Your are right, but you forgot that you cannot do that without the risks involved. In the case of pirates, that can be many dollars or many years in jail. Those are the risks.
      
      As for your “Baghdad Bob” comment, all I can say is that if you cannot see the tide turning, it’s likely because you have your head up your ass. This ain’t 2005 (but then again, I suspect you didn’t even have a computer back then… it’s a long time ago, back when you were in grade school I suspect).
    - Scary_Devil_Monastery
      
      Objection. “Baghdad Bob” is my nickname for “anon”.
      
      Though i agree it fits bobmail to a T as well.
  - Jimmy671
    
    You’re not only a Mafiaa Troll,you are also a heartless bastard to.
    - Whatever
      
      Your reply is the best one in my opinion.
    - Hi Im Kimchi Men
      
      “heartless bastard” is one of the requirements of a job in the MAFIAA
    - Frankie098
      
      Good comment you nailed the bastard.
  - ScrewEwe2
    
    “You can’t pick and choose when the law should apply to you only because it works for you. Sorry.”
    
    Sure I can. I do it every fucking day. I have personally exempted myself from following laws I don’t like. Is that a Prob. BobSoB?
  - Scary_Devil_Monastery
    
    “You can’t pick and choose when the law should apply to you only because it works for you. Sorry.”
    
    You mean like the people who went on to become the founding fathers of the US constitution objected to a silly tax on tea?
    
    Or were you talking about the salt tax imposed on india by the british empire that silly bugger Gandhi made a big issue of?
    
    Seems to me, bobmail, that one has to ignore an awful lot of history before one ends up in the la-la land you seem stationed in.
- Anon
  
  If they don’t want to sell you their product they have no right whining when you “pirate” it.
chris_p_bacon

so, what else to do with five months of darkness?
http://nejtillpirater.wordpress.com/ Nejtillpirater

“The legal system is catching up”

Yes, fortunately it is although much to slow. The damages by not taking piracy seriously have been enormous so far.
- BuddhaFacePalmed
  
  My God you’re right. Billionaire executives are forced not to buy their fourth hummer and throw their weekly parties because pirates are “ruining” their source of income. CALL MY REPRESENTATIVE, I WANT THE NAVY SEALS TO INVADE SWEDEN TO TAKE DOWN PIRATEBAY.
  
  Sounds about right to you, fascists?
  - http://nejtillpirater.wordpress.com/ Nejtillpirater
    
    It’s not very likely that the TPB servers are located in Sweden anymore, otherwise they would have been raided again.
    - Lalala
      
      “The civil rights are very important but they shall be balanced against each other.”
      
      Currently they are far from balanced. And you’re constantly advocating for an even bigger imbalance.
    - Guest
      
      “It’s not very likely that the TPB servers are located in Sweden anymore”
      
      lol
      
      That’s what other people have been telling you because you keep insisting they are still probably in Sweden. Remember?
      
      It’s like you’ve got dishonesty just seeping from your every pore.
    - Sense
      
      How to we raid a cloud now?
    - http://nejtillpirater.wordpress.com/ Nejtillpirater
      
      @sense
      
      “How to we raid a cloud now?”
      
      They still have one or more primary server.
      
      1. Find the primary server
      2. Analyze the traffic going to/from that server, should be fairly easy due to the high amount of traffic
      3. Find the cloud storage
      4. Raid all involved servers
      5. If they put up backup severs, repeat from step 1.
    - Anyone
      
      @NTP
      and screw all the other customers of that cloud service provider over?
      
      nice one, as usual
    - Jatillpirater
      
      Me wonders if you click your own like button?
    - http://nejtillpirater.wordpress.com/ Nejtillpirater
      
      @Jatillpirater
      
      “Me wonders if you click your own like button?”
      
      I don’t.
      
      “Me wonders” if it’s some kind of threat to you that there are several people here that are against piracy?
  - http://nejtillpirater.wordpress.com/ Nejtillpirater
    
    “Sounds about right to you, fascists?”
    
    I’m a single person, not a group. I only represent my personal opinions here and elsewhere on the Internet.
    - Anyone
      
      but you constantly advocate fascism and the removal of all civil liberties
    - http://nejtillpirater.wordpress.com/ Nejtillpirater
      
      @Anyone
      
      “but you constantly advocate fascism and the removal of all civil liberties”
      
      I’ve never done that. The civil rights are very important but they shall be balanced against each other.
    - Anyone
      
      the problem is that copyright is incompatible with fundamental rights, such as property rights
      
      that’s why copyright has to be abolished before it does any more harm
    - Who
      
      “my personal opinions”
      
      BUT the evidence is clear that your opinion is inconclusive to FACTS that you have been contradicting despite the proof that is shown as regards to what the LAW actually does say and other information.
      
      and I do really hope for YOUR sake that some one don’t come up here and see your little picture icon and depict it as YOU impersonating a judge as the punishment for that is MUCH MORE severe than copyright infringement is.
    - Guest
      
      “I only represent my personal opinions”
      
      Isn’t it funny how your “personal opinion” is identical to the MAFIAA’s official propaganda, and never changes despite how many facts proving you wrong are pointed out to you?
      
      That’s certainly the mark of an honest main and not a paid plant.
    - Guest
      
      *honest man
    - Nejtillpirater
      
      “”I only represent my personal opinions”"
      
      Hahaha! That’s funny!
    - http://profile.typepad.com/6p0120a5509de8970c ミッコ
      
      Why should i trust a known liar ?
- Guest
  
  Then get it in via democracy, dipshit. It’s not your call to ignore democracy when it doesn’t work the way you want it, Nej.
- Who
  
  “The damages by not taking piracy seriously have been enormous so far”
  
  O really then HOW do you explain this: Hollywood Sets $10+ Billion Box Office Record (2012)
  
  and that’s JUST theater ticket sales.
  
  http://torrentfreak.com/pirates-hollywood-sets-10-billion-box-office-record-121231/
- Guest
  
  “The damages by not taking piracy seriously have been enormous so far.”
  
  You mean the imaginary damages that you keep talking about but can never, ever prove the existence of?
  - Hi Im Kimchi Men
    
    sssshhhh MAFIAA has a magic money-eating unicorn land in their HQ, they must constantly bring money to feed the unicorns or they will starve to death, and since unicorns are imaginary creatures they must eat imaginary money so everytime a pirate pirates something the MAFIAA is deprived of imaginary sales making it harder and harder to feed the unicorns soon they will die PLEASE THINK OF THE UNICORNS
- MadAsASnake
  
  Take it seriously then – get the “creative industries” to create some online distribution programs.
- http://profile.typepad.com/6p0120a5509de8970c ミッコ
  
  the made up damages (sometimes it’s so high as more than all the money in the world)
- tetridae
  
  The damages done to the restaurants of people cooking their own food have also been enormous. But you know what? People have a freedom to do so if they want to. You have no “right” to do business your own favourite way to maximize your income if that right imposes restrictions on other peoples freedom.
http://nejtillpirater.wordpress.com/ Nejtillpirater

“Whether it will be possible to find the individual remains unclear. During the case Ephone went bankrupt and of course it has dragged on for such a long time further evidence will probably be long gone.”

They also also had a court order preventing them from destroying any logs.
- Whatever
  
  Accidents can happen.
  
  You’re corporate masters are especially good at losing unwanted data.
- MadAsASnake
  
  Which are INCAPABLE of of identifying the infringer, or even if there was one.
- guess
  
  Fuck their dmca bullshit!!!
http://gear-mentation.myopenid.com/ Gear Mentation

I wonder if this has any effect on the IPredator service? Probably not, but could they be raided and the computers kept online while the trolls copied data on the connected IPs?
- guess
  
  I’m sure there is a red button somewhere that wipes everything.
  
  Other isps need to join in on the fight with this isp, if these people are not doing real illegal activities like hacking, ddos ,and cp they should be ignored.
  - Scary_Devil_Monastery
    
    Actually, judging from the common concensus the ordinary modus operandi for a VPN is that the end of the session triggers a wipe of the logs.
Icepick

Next thing I will get the death penalty for letting my friend borrow one of my DVD movies. Borrowing and coping a movie are the same. As long as they watch the same movie at a different time than when I’m watching it. There is no difference. All the MPAA and RIAA want is for everyone to have a per person license to watch or listen to their products. If 4 people want to watch the DVD movie I just purchased I would have to buy the same movie 3 more times. Also I say their DVD because even after you hand over your hard earned money (their don’t understand the meaning of the word hard work) you still don’t own it. At any time they can take away their product without and refund.
- BuddhaFacePalmed
  
  And the best part is Microsoft is working on a patent that allows the Kinect to detect how many people are there in front of your Xbox and then shutdown whatever games, music, or movie you were playing on the Xbox if you did not have the license to play it in front of multiple people..
  - Anyone
    
    and they wonder why people pirate…
  - CrackerJacker
    
    Which will easily be circumvented through the cunning use of blu-tack stuck over the Kinect camera.
    - Guest
      
      A picture of just me on a settee in front of it. Lol.
    - Anyone
      
      it’s easily circumvented by using a free copy from a friend without this bullshit
  - Whatever
    
    You are kidding, right ? Just checked via search engine, you are not kidding.
    
    The effort and resources going into control seems endless. For the STASI this level of control was only a wet dream which they never realised.
    
    BTW: It may be a relative small issue but they will use YOUR resources and some hardware lifetime for themselves. I wonder if you can make them pay a part of your electricity bill as this constant detection is not part of any provided service (the media).
  - tetridae
    
    Yes it seems to be true. Now that is gonna give some of todays kids new work to hack / fool those gaming systems.
1hhh1

Musicians,writers,movie makers ect spend an awful lot of time and money WORKING on their products,it’s their jobs and like you they expect to be paid,that’s it.
- Icepick
  
  So should a car manufacturer get paid by a how many people sit in their cars? Or if the car is going to be used for a business? What happens when the owner wants to sell their car. Should the manufacturer get a cut of the money the owner got for selling it? Or should the owner be jailed for wanting to sell his car when the buyer should have purchased a new car instead? Remember the car manufacturer has to make each and every car. They don’t have the luxury of what the movie and record studios have….. hmmm I think I’ll order 1000 copies of that song…… CTRL + C & CTRL + V. If you are in it for the money then I don’t want to listen, read or watch your product. Music, writing and movie making is a art. If you get money from it, then good for you. But you should never go into a business model based on art and then cry about why you are not making money from it.
  
  Your logic only works if the Musician has to sing every song on every CD every time they make a CD. The Writers have to write every word on every page of every copy of the book they sold. The Movie Maker have to recapture every frame of the movie again for every copy of that movie seen or sold.
  
  The only reason the MPAA and RIAA are pissed is that people worked out how easy the MPAA and RIAA can make a copy. So there is really little work to be done.
- Guest
  
  And pirates don’t stand in the way of them getting paid, so what’s your point?
- themerryreaper
  
  I”d be quite willing to pay a fair price for content I enjoy if it were as easily to obtain in the format of my preference as it is through filesharing.
  
  ‘it’s their jobs and like you they expect to be paid,that’s it.’
  Like any company making physical goods will tell you, if you just make something and expect it will sell, you will sell naught.
  
  The internet and filesharing through it has only made it impossible to keep up the artificial scarceness and the logistic problems with distribution excuse to keep abhorrent markups.
  
  If content creators would embrace the new reality and realise that they can make much more by cutting the enormous obsolete middleman costs and the enormous potential in sheer ‘volume’ and exposure through distribution models using p2p technology they can come out of this war as joined winners with their customers…
  
  Distribution monopolies and their lobby and enforcement goons will perish. It’s only a matter of time.
  - Jimmy671
    
    Good post,agree 100%
  - guess
    
    Look at https://www.humblebundle.com/
    They use torrents & direct downloads to distribute the games/soundtrack while making sales for the game companies, charity.
    
    You never hear the music/movie companies doing this, why? They are too greedy.
    - 2013sUxAlready
      
      good call. The gaming industry is far far ahead of the movie business when it comes to distribution and marketing.
      Except the big 3 (ElectronicAids, Actishit, Ubeshit <- FUCK these companies up their fuckin platforms ASS) and fuck Android for selling gullible people flashbased casual bullshit that was back in the day made for chumpchange and given away for free.
      
      All hail GOG, STEAM, DESURA. VALVE is also greedy at some point but hey… the delivered since when? The internet came about? Back in the dial up era.
      Don't forget the Greenlight event at Steam. Lots of indis having a go at games and I like it. Shame some games are limited to only one platform.
- Jimmy671
  
  By any chance would you be related to Nejtillpirater
  or bobmail,maybe Anon,just asking.
- Plop
  
  No we don’t. We probably spend on average about a day per track. That’s 12 days for an album. This includes writing, arranging, recording/producing. It really doesn’t take any longer than about 8 hours to have one song done from start to finish and if it does you’re just dragging your feet.
  
  Even if you were to be lavish and allow about 3 days per track that’s only just over a month’s work for an album.
  
  Think how much money the average skilled labourer makes in a month and if you take that as a baseline then that’s about how much an artist should get paid AT MOST for an album from all copies sold.
  
  Which means that if you sold an album at 5 quid per copy you only need to sell around 300 or 400 copies to more than make a month’s wage you can live on. Release 12 albums a year and you can live on record sales alone (if you’re one of those producer studio-jockey types).
  
  But most industry shills propose that we, the artists, should somehow be paid much more handsomely than the average plumber or electrician, although I don’t see why. I’m happy just to play gigs, because that’s where the real bread ‘n’ butter cash is, and it’s the reason I became a musician in the first place. I don’t expect to be paid any more than for the work I do… some of us don’t have that ridiculous sense of unjustified entitlement.
  - Icepick
    
    Hello Plop
    
    You sound like a reasonable bright music artist. I fix and build computers for a living and have ran into a few independent artist. I love listening to their music and they love that someone likes what they make. I am over happy to buy merchandise to support them. It makes me happy because I know the money is going to someone to really deserve it.
    
    I would love to know the name of your band. Is there any way to us to listen to your music?
    - Guest
      
      I asked the same question two months ago http://torrentfreak.com/pirate-bay-censored-in-ireland-after-mysterious-court-order-121024/#comment-692013492
      
      Plop is one of those so called “artists” who posts here from time to boast about how piracy helps promote his / her band and funds international gigs yet when you ask him to tell you anything about his / her band or where you can download tracks or buy merch he / she never answers.
      
      Looks like a pro piracy troll account.
  - guess
    
    Kim dotcom is looking for artists not attached to labels that profit off of the artists creation, you should look into it.
- Guest
  
  They want to get paid for it.
  And so they should.
  They should take their work, and if it’s good enough, be given a proper advance.
  Lets say 70 grand for an album. Then it is upto the middlemen to sell it.
  But they should get to keep ALL the 70 grand not 5% of it as they do now.
  Then, after the 70 grand is recouped, they can get the 5% royalty payments too, and not just a $15 dollar cheque because the album was played once on some Himalayan radio station nobody will have ever heard of.
chris_p_bacon

identifying the isp, ok, but identifying the actual person, what? is there like face recognition or something. i do a 15x wipe after toilet, no i mean torrent and cover my tracks, so how is identification going to take place? stand up in a parade, ..yes officer, that is the woman who downloaded my first edition crappy copy that normally costs $12.99 so i have lost $2,000 in sales because of her alone and they should be put in prison for at least three minutes and re take their driving test and have their partner castrated and kept away from all children for like ever and ever so there, ner ner nee ner ner. sometimes law is looking pretty damn desperate to me, and this is the biscuit
Guest

Goodbye Internet “freedom”.
- Icepick
  
  Internet freedom yes
  Our freedom was gone a long time ago when licensing started.
Anonymous

good old Sweden. screwing their own people rather than stand on their side against the USA and it’s entertainment industries! if it ever is found out exactly what the USA did to instigate this behaviour in countries, governments and legal systems, i would hate to be in the shoes of anyone involved! sooner or later, the info will be released. God help them then! this is a clear violation of privacy under the EU. if the EU makes rules that can be flouted by whichever country wants to and for any reason, what the hell is the point of making rules in the first place? i suppose it’s financially viable for a few people, as per usual, and the 99% can go fuck themselves!
Guest

@NTP
“They also also had a court order preventing them from destroying any logs.”

A log entry would only show some IP connections AKA trafick data. Trafick data does not identify an individual or computer but only a computer/router/access point.

I could set up a reverse proxy and have all internet trafick routed through the proxy further to the machine hosting the actual content.

The preservation order only applies to the ISP, it does not apply to all parties in the chain whom might act as intermediaries. So forcing an ISP to freeze data while the case is pending does not guarantee anything if the connection log ends at a temporarily rented server in another country a hacked wifi or something else.
This is the weakness in the Data Retention Directive. It only applies to providers of internet access – not to providers renting out servers capable of acting as forwarders.
Guest32

@NTP

“The method is irrelevant, the private copying exemption requires that you must copy from an original (and not break any copy protection), it doesn’t state
any requirements on the used technology. If you have ripped version of the original it’s no longer an original no matter what technology you’re using for
storage and copying. ”

Surely the method is different legally.
Method 1 legal: Rip the cd from cdaudio to wave/mp3/flac.

Method 2 illegal: Copy the exact same 1s and 0s from your friend’s USB key.
What counts is that the to actions result in me acquiring the same data, and that the law privileges ripping from a cd over copying the files (copy from a copy).
Hi Im Kimchi Men

yeah, these shills are joke
Freja

“Pia Janne Nyberg, a lawyer at the Swedish Publishers’ Association”

So Pia or Janne?! Is this a man or a woman… or something in between! Might explain his/her twisted views.
- tetridae
  
  I think it may be a hen. ;)

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