Hosting Provider Protests Against Anti-Piracy Threats
Written by Ernesto on June 05, 2009With the Pirate Bay verdict in hand, the music industry lobby group IFPI are threatening the hosting providers of torrent sites to take down everything BitTorrent related, or else. While some have complied with these demands, the Swedish web host Portlane refuses to do so and uses commercial marketing legislation in its defense.
A few days after the people involved with The Pirate Bay were convicted, IFPI started to send out letters to owners of BitTorrent sites, as well as the hosting providers who provide services to these sites.
In a letter sent out to several web hosts IFPI argued that the site(s) hosted by the providers make “a large number of” copyright works available to the public, and that the users of the sites are infringing the copyrights of IFPI members. IFPI ended the letter by asking the web host to take necessary actions to make sure that this activity stops, or else “IFPI intends to take necessary measures.”
This tactic seemed to work, as many torrent sites operated by Swedes closed their doors or were shut out by their host. However, the Swedish provider Portlane is not planning to cave in to IFPI’s threats and have filed a complaint at the Swedish Market Court.
“My client feels IFPI’s letter is one sided, lacking in nuance and very threatening. Portlane does not believe it should be forced to break a contract with a client because of hearsay,” Portlane’s lawyer Jonas Forzelius told Dagens Nyheter.
Forzelius argues that IFPI is breaking the law because they send out the warning letters for financial gain, something not allowed under Sweden’s marketing law, regardless of the copyright issues that are at stake here.
“What IFPI says is ‘close these sites’, and what is the purpose of that? Of course scaring as many ISPs as possible to stop providing these services in order for IFPI to increase their own sales. Not everyone can afford to process against IFPI with its financial resources, even if they feel IFPI’s claims are wrong.”
In several earlier cases, the Market Court has made it clear that these warning letters must be written in a way that corresponds with marketing ethics. Since IFPI always claims that they are losing millions of dollars (or kroner) thanks to piracy, their warning letters would be unlawful.
Thus far, the Commercial Marketing Court had tried seven cases of warning letters, not related to file-sharing. In all cases except one they were found unlawful and the judges banned the letters with fines of half a million crowns if they were sent again. IFPI await the same fate, meaning that the threats will stop.
Previously: Government Intranet Packed Full of Warez
Next: Mininova Must Block The Pirate Bay and aXXo, BREIN Demands
64 Responses
And now I await for the mindless RIAA/MPAA troll drones to say sharing is wrong and that we should all go to jail.
Send in the drones…!
Woohoo! Go Portlane!
This is what we need more of. People, businesses and organizations with the balls to stand up to bullies like the IFPI in defense of their rights and morals.
The IFPI should get hit with a nice big fine of a few million, then spend a nice amount trying to appeal… but none the less have to pay it.
Would serve those criminals right, bastards to the core…reaching generations back.
Our friends at IFPI are only protecting the commercial interests of the artists. It is well known that the money they make is completely redistributed among all the artists, even the less important ones. And btw, we are going to trace all of the commentors’ IPs and send threatening letters to them. Why? Well, why not? Do we really need to pretend we have reasons anymore?
“Our friends at IFPI are only protecting the commercial interests of the artists.”
You mean the commercial interests of the record labels.
Artists are abandoning the big 4 more and more often these days.
Oh boy!
It’s tf’s time of the month again.
(X) ISP is refusing to comply with the big bad mean IFPI. Let’s make a big frakking whoop about it and all the emo kids will come and comment about that IFPI jerk.
How fucking pathetic
“…And btw, we are going to trace all of the commentors’ IPs and send threatening letters to them. Why? Well, why not? Do we really need to pretend we have reasons anymore?…”
Please do. I’ll see you in court on harassment charges and sue you for a few million. Really, seriously, please do. I’m having financial hardships in RL. =)
~~~
IFPI … just die, already.
<3 Portland
#4 is playing devils advocate here.
“Do we really need to pretend we have reasons anymore?”
That’s a dead giveaway. Fail.
haha shutdown clowns..
just remember.. the IFPI would rather see you in prison than ‘loose’ a cent.
The IFPI is by definition a hustling criminal organization.
TerribleTony – that’s not what “playing devils advocate means” – #4 is using wit, something that is obviously going over people’s heads.
Goon of Goons and Rogue – stay in school.
HA
(( Pirate Bay Will Win ))
wow #10, makes me feel like we share this website with like 10 year olds or something..
how can you not see the blatant sarcasm and joke in that comment..
Sharing is wrong. You should all go to jail.
But I’m droning on…
For the love of god, cant you see #4 wrote that tongue in cheek?
He even used “MAFIAA” as his nick.
Have we gotten so pissed at the scumbags at IFPI that we have lost our sense of humor?
“Have we gotten so pissed at the scumbags at IFPI that we have lost our sense of humor?”
Yes. And I want it back.
@13
Drone much?
I R TEH BORG. RESISTANCE IS FUTILE. BUY MUSIC OR BE SUED AND JAILED.
Sincerely,
IFPI – Incessantly F*cking Pigs Internationally
What happens if the pirate bay court case gets over turned which we…well most of us are hoping for?
Can any organization that used the case as an example be deemed wrong?
Just wondering what happens when a case gets over turned and people have used it as an example.
-J
now this is some good news. :)
Was (Un)Reasoned Mind banned? Found downloading warez & arrested by MAFIAA? He didn’t comment on the last few posts…
@20
Oh I’m sure he’s droning around somewhere.
Droning on and on and on and on and on and……oh Fukwit.
F-I-R-S-T !!! !!! !!! !!! !!! !!! !!! !!! !!! XD
No I have been in the hospital getting my bum stitched up.
I took TPB advice about the retractable batton with barbed wire round it.
I feel kind of silly now that I know what happens when you insert it into your anus.
Well well you learn something new every day eh!!
@24
I would’ve thought you would be very well used to being a*nally r*ped and having bent over for the RIAA/MPAA droning their nonsense endlessly.
Truly, I am shocked.
unreasoned mind just changed his name probably hes probably trollstyles now :p
xD Trolling is just another way the corruption known as Anti-piracy groups, use the internet to prey on the innocent minds of the young generation,
They think we are trolls, and then become trolls to lure us in. Yet they don’t understand that we don’t give two sh*ts >.>;;
so where are the “intelligent discorses” (sharing is wrong, immoral, a spawn of the devil ETC) . Looks like news like these get no “intelligent discorse”, but i am glad to know that this particular host provider’s not scared like all others. They will earn a lot of customers, i can guarantee. Their argument is quite valid… ohw much have these industries earned per filesharing site that is closed? This hosting provider in other words is telling these people to make better business models and quit complaining. This is especially true in the regard that they are kicking others out of businesses by intimidation and taking their clients away from them just because they are loosing, yet look at all the statistics. And if you think these records are still being fair and honest and pretty and moral, and are protecting and compensating the artists, protecting their interests, think twice & take a look at this: http://www.reuters.com/article/entertainmentNews/idUSTRE5520MT20090603
Now, I’ll let you be the judge.
The AA’s and IFPI and other similar organizations sure do act like Scientologists.
Harassment and legal threats to those that may not have the means to defend themselves.
Bunch of a55holes thinking they’re above the laws.
@29
“The AA’s and IFPI and other similar organizations sure do act like Scientologists.”
True that
@24 & @25:
ROFL!! :)
#4 go die troll
There is a way to make IFPI and all they associates go sink.
It’s simple: don’t buy/use their stuff.
Do your own instead, preferably under Creative Commons / GNU licenses.
It’s good to see the ISPs standing up for their users’ rights as well as their own as a service provider.
It’s funny and sad how the RIAA hasn’t seemed to figure out that the Internet isn’t theirs and no matter how hard they try they’re not going to be able to get *everyone* to listen to their increasingly ridiculous requests.
The harder they try to climb out of their pre-dug grave, the deeper into it they wind up digging themselves.
I hope they dig themselves deep enough so we can start burying them.
http://www.cksinfo.com/clipart/signssymbols/no-copyright.png
@4
“Our friends at IFPI are only protecting the commercial interests of the artists. It is well known that the money they make is completely redistributed among all the artists, even the less important ones.”
So when is any artist “less important”
When THEY DON’T MAKE IFPI MORE MONEY.
This is what the entire articles is saying and its agreeing with my concept that if you monetize it , it is NOT ART. Your “clients” are giving you a product to sell which some may sell more then others and thus under there law it is prohibited to do what they did.
Just two words to portlane:
Bookmarked!!
and
Thanks!!
EPIC WINZ!!!!!!!!!!!!! Teh interwebs prevail!!!!
Stupid IFPI …
In a time like this it takes ball to stand up to evil.
yes, yes & yes…
2010 FTW
So it’s sharing from a friend or a friend of a friend of a friend of a friend of a friend of a friend of a friend of a friend of a friend of a friend of a friend of a friend of a friend of a friend of a friend x 10,000,000 million friends.
Hmm, Nothing wrong with that now is there? It’s all just sharing, lol.
Go Portlane. If I was in Sweden, I would have signed up with you already.
Oops I just noticed that I called them portland before, sorry, was 3 in the morning.
There is just one big thing the industry dosn’t get. When it comes to file sharing, there are three basic types of people; people who would never purchase the things they download, whether it was available to download or not, people who will purchase a copy of whatever if they like it enough, and people who equate it with flat out stealing. No matter what happens it won’t stop, and not every download would have been a purchase for them. Look at Japan, they have extremely loose copyright laws and still creators make tons of cash on their franchises. This is just pulling straws.
- Take down everything BitTorrent related, or else.
- Or else what ?
- Exactly !
It’s caturday .. voting is tomorrow y’all.
Yawn…and people wonder why we download. And on similar news, the (legal) version of Bioshock I just got yesterday didn’t work, so I had to get a crack for it, and circumvent the SecuROM protection. Same thing happened with Empire Total War, the installer insisted on downloading the 15gigs when I had the discs on hand.
copyright hurts the economy!
Go Portlane!
All I can do when it comes to these silly IFPI/MPAA/MPAA etc. threats is laugh!
What I see more and more is that IFPI does not seem to get the point: they should strictly care about direct commercial abuse only, and stop they threatening tactics towards regular citizens. If they’ll continue pursuing this course of action, they dont deserve to live, as what they do is, quite frankly, exactly the same real MAFIA is doing. This case is just an example, one of many.
I just only expect that the Pirate Party will win (even one seat counts!) in EU elections and together with green parties and all those that care about basic human rights, they will put a definitive barrier against any kind of stupid law that would essentially give up basic human rights of all for dubious commercial interrests of few rich ones.
And btw, thanks, Lawrence Lessig, Guy Bono, Michael Geist, Montt Mardie, Advance Patrol, all guys at LaQuadrature.net, etc. and all those, who stand on side of ordinary humans rights and understand that sharing does not equal to stealing.
For a long time now copyright is being abused
Universal(King Kong) Vs. Nintendo(Donkey Kong) was called by some one off the most stupid moments of copyright litigation. Since universal claimed King Kong was in the public domain and then tried to assert copyright rights when suing Nintendo what qualifies as copyfraud.
http://www.escapistmagazine.com/articles/view/issues/issue_119/2539-The-King-and-the-Donkey
Woot, go Portlane!
I guess the Portlane intends to go down with the pirates they do so support. Its a testament to Europe’s ignorance and self-entitlement that so many people over there think they are justified in stealing. Eventually justice will take it’s course and those who who thought that the law would never catch up with them will be facing a nice prison sentence :) Hollywood and the music industry will start making the money it deserves and the economy will improve.
“Hollywood and the music industry will start making the money it deserves and the economy will improve.”
Riiight. Because Hollywood and the music industries are the basis of the economy and as long as they are fine the economy will also be fine. Sure, whatever you say. Keep deluding yourself.
“I guess the Portlane intends to go down with the pirates they do so support.” Back it up, boy. Source? how many customers are actually pirates? since when did they strictly said they would support pirates?
“Its a testament to Europe’s ignorance and self-entitlement that so many people over there think they are justified in stealing.”
These lawsuits by the industry are also a self-entitlement. Self-entitlement they think they can control the world and the internet–what a joke. Its sad to see how the industry uses the legal system to bully everyone and justifies those things as “protection of copyright”, “establishing the economy”, “new world order”, what have you! please, look at your box office sales. I think it would serve the industry better if they knew how to spend their money on things that are really worth it (like compensating artists fairly and promoting art) instead of these lawsuits that have not solved anything for more than 8 YEARS. Its time to have oversight over these private entities that self-entitle themselves and are IGNORANT about technology, don’t you htink?
that would be justice. Justice for ALL under an EQUAL playbook. Just how much ignorance there? the problem is NOT so much about copyright being broken, its about copyright being ABUSED in order to bully everyone the industry pleases. Abusing the copyright and legal systems in order to not compensate the artists and keep compensating the industry without explicable or justifiable basis. Sorry again for stealing your web pages torrentfreak. I have just downloaded (stolen) them into my temporary internet files cache! where is the DCMA takedown notice?:
Looks like I have a new site host :)
Waffles.fm hosts at portlane.
inetnum: 80.67.2.0 – 80.67.3.255
netname: PORTLANE-COLO-NET
http://www.waffles.fm = 80.67.2.4
Maybe the “Final Countdown” song should be renamed to “Final Shutdown” and used as a “funeral” song for all “copyright infringing” sites forced to close. :(
“This is what the entire articles is saying and its agreeing with my concept that if you monetize it , it is NOT ART.”
——————–
god, you have got to be the dumbest poster on TF by a BIG margin.
the finest artists throughout all known history SOLD THEIR ART.
are you seriously, honestly asserting (in all your infinite ignorance) that the finest artists throughout history, men like monet, picasso, vincent van gogh, renoir, michelangelo, and leonardo da vinci…were not actually artists at all?
because they ALL sold their art. all of them. every single one.
please explain.
If piracy was really a threat, then why did Wolverine still have good box office take even though it leaked a month before its release?
The only thing missing is the part that those great artists started suing childs and inanimate objects and go crying to the kings for help trying to stop piracy that by the way was sanctioned, financed and supported by the queen.
But no matter just stopped buying people, if they are so angry with you for sharing is because you guys are doing a bang up job already just keep up and they will soon have to recapitulate to the will of the people.
@UltraleetJ
“Back it up, boy. Source? how many customers are actually pirates? since when did they strictly said they would support pirates?”
I really don’t know why you bother feeding this troll. Nothing you say or demonstrate will sway his opinions no matter how obvious it is that you are in the right.
He’s playing a game with all of us on here. He doesn’t believe the things he says himself, but gets a kick out of making people angry. If everyone ignores neowank and others like him, depriving him of his whacking material, he’ll piss off.
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