Mininova Ordered to Remove All ‘Infringing’ Torrents

Ernesto
August 26, 2009
221
brein,
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Mininova has lost its civil dispute with Dutch anti-piracy outfit BREIN. The judge ruled that Mininova is not directly responsible for any copyright infringement, but ordered it to remove all torrents linking to copyrighted material within three months, or face a penalty of up to 5 million euros.

Mininova were sued this spring by BREIN, an outfit which protects the rights of several large entertainment industry corporations.

Today, the judge ruled that the world’s largest BitTorrent indexer has been ordered to clean up its site and remove all torrents that link to infringing content.

BREIN’s intention was not to shut down the site. Instead, the organization called for a filter based on infringing keywords and possibly digital fingerprints to guarantee that the rights holders have sufficient means to protect their content.

The court agreed with BREIN’s assessment that Mininova is not doing enough to protect the rights of copyright holders, and ordered the site to remove all torrent files that link to infringing content within three months, or pay a penalty of 1000 Euro per infringing torrent with a maximum of 5 million euros ($7 million).

Mininova’s notice and takedown policy that allows copyright holders to remove infringing torrents is not sufficient, the court said. Interestingly, the recently announced copyright filter that Mininova launched together with the Motion Picture Association (MPA) wasn’t mentioned in the verdict.

The court did not agree with Mininova’s defense that it is impossible to moderate all torrents that are uploaded to the site. It further said that Mininova is encouraging its users to download copyrighted material, helped by the several moderators that the site has in place.

The moderators keep the site clean and ‘family friendly’ by removing torrents that link to adult content, viruses and fake files. They do this proactively and in response to user feedback, the court concluded, pointing out that they should also be able to moderate torrents that link to copyrighted material.

It was further concluded that Mininova profits from copyright infringement though the ads that appear on the site.

Mininova co-founder Erik Dubbelboer said in a response: “We are obviously not happy with the verdict.” Mininova is considering to appeal the decision, which they have to do within three months

Developing story.

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Wim

Great news!
Pingback: Mininova sentenciado a remover todo el material con derechos de autor
bombpersons

“Great News!” !?!?
What are you talking about?
Anonymous

They’ll just appeal it anyway.
4nd

All I have to say is: Good luck deleting every torrent that points to unauthorized files, with 100% accuracy, never once deleting the wrong thing and not leaving a single such torrent on the site.
5th

4nd you are an idiot (it’s 4th) and mininova has to delete the torrents by itself.
me

LOLz at Wim and his love for the corporate pig.

You must be one of those people who gets a free car every time a student gets sued 2 mil for downloading a few songs, right? Of one of those pigs that gets to pay off their mortgatge because they sued a single mother a couple of mil for downloading something.

If you think this is such great news, then remind yourself that the biggest thieves of this whole charade are the MPAA and the RIAA. Out of all the money that they receive, artists are still getting paid not even 5 cents per release sold, while the record execs are getting a new car and mansion every time an artists signs their livelihood away.

Think about that you brain dead fuck.
4nd.

@5th

When did I ever say that I was trying to go with the retarded “First!!111″ comment thing? I’ve been posting on TF under this name for months, so if your aim was to mindlessly assume in order to look cool, you only succeeded at half of that (the assuming).

Also, that’s exactly what I meant, about the torrent deletion. How are they to know what is and is not infringing? They even said that in court.
breinsucks

daaaaaaaaaaamn. BREiN is the biggest failure in history of human race.
who cares its a public

as my name says who cares :P
me

@ #8, public trackers have the biggest voice at the moment. One just needs to look at what TPB is doing at the moment. They are telling the world that we arent gonna back down until we are heard, and until we can reach a compromise. THis aint about them taking our right to get free stuff away, its about digital rights, its about freedom, its about protecting ourselves from the constant acts of legalised theft that happen to us on a day to day basis
Freakbits

I wonder whether Torrentfreak can be taken to court for ‘inducing’ copyright infringement. Hmmmmmm….
p2pFrEaK

Loads of crap again…

So basically court is saying that though you are not directly involved and is not guilty of copyright infringement, still you need to delete all infringing torrents uploaded by others or we will shut you down ( well paying such fines regularly will invariably end mininonas business to the relief of BRIAN !)

This is an impossible task and even if mininova works for 3 years ( and not three months as ordered ) they will not be able to clean up the mess as the users will keep on uploading ( and reuploading the deleted torrents !).

This is ridiculous..this is like telling Toyota..hey i know that you are not involved with the robbing of the banks across US but if you don’t screen all the owners of your cars who might be potential robbers or has a history of robbery then we will stall your productions and you have to pay us in millions as fine.

Another farce with an absurd court ruling in the name of legalising p2p through a website which is nothing but an indexing site.
Anders Olausson

@ Freakbits

Yeah, or at least making a profit from it…
Dangger

I read this as: “Mininova ordered to bend over one more time”
p2pFrEaK

This is about Toyota’s cars being bought by bank robbers only (or 90 percent) and Toyota knowing that they’ll be used for a bank robbery…
Ben

I’ll start downloading more as of now.
Anonymous

@Freakbits

How on Earth is TorrentFreak ‘inducing’ copyright infringement?

By your logic a news website that reports on a murder can be held liable for future murders because their reporting ‘induced’ murder.
mortuus

Fuck not mininova :(
dan

Who even cares anymore, we the people will just find another better way to share. all they are doing is creating the need for p2p to evolve again. alot of us are never going to buy any digital media again. so f**k em
BREINsucks

@10 LOL

he he – The robbers at my local bank used Harley to flee from the police.

The local authority should sue Harley Davidson for the robbery as their bikes were used :)
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Soundwave

An impossible task.

Should we all face fines of 7 million dollars for hyperlinks on our forums, websites, email, tweets, myspace, facebook profiles, etc., that other people put there?

The actions of others are beyond our control.

I’d bet money that the MAFIAA will hire goons to spam illegal content so they can claim the 7 million dollar fines at every opportunity.

I realize this is new territory for them, but are the courts stupid?

Mininova, this must be appealed or you are finished.
BREINsucks

@10 LOL and rightly said.

he he – our local bank got robbed and the robbers fled away riding Harley Davison.

Acc to BREIN and the logic of the Dutch court the local authority should sue Harley as their bikes were used :)
Harley should have monitored all the bikers.
@ Anonymous

Reporting on a murder is fine.

Publishing target lists, means of killing without getting caught and praising murderers is not.

Likewise, Torrentfreak has been seen numerous times (thank God for their archive) to report on

“how to circumvent”, “how to find alternatives to’ and “the top bittorrent downloads”.

Don’t be a hypocrite Anonymous. This is the exact reason they want to move everything to Freakbits.

Here’s Torrentfreak promoting the 25 best alternatives to an illegal service (convicted owners remember?)

http://torrentfreak.com/25-great-pirate-bay-alternatives-090822/

and Torrentfreak has been making heroes out of pirates
Breinless

This judgement is againt the dutch law. Our law doesnt call downloading illigal, only uploading is illigal.
F_CKBREIN

F_CKBRIEN!!! THOSE MOTHERF_CKERS!
Gargamel

Another sh!tty public site going down the crapper with the TPB.

So long. Wont miss ya.
dave

yeah, this is impossible for mi ninova to accomplish. lol

ofcourse there will be people who like the game: ‘mininova teasing’

uploading torrents with illegal content in as many disguises as possible.
Anonymous

@20

How is it illegal to do any of the following:

-Praise filesharing (which is not in itself an illegal activity)
-Report on the top downloads on BitTorrent
-Post alternative torrent indexing sites, when we know that filesharing is not itself illegal and therefore neither are torrent trackers?

Furthermore, show me an article where TF posts anti-circumvention advice.

Still furthermore, remember that most of the articles posted here are either opinion pieces or not original research (as in, they source their reporting from other sites). Will those other sites be held liable too?
aquila92

Bollocks!
Johnny

YOU FREAKING LAZY IDIOTS AT BREIN. IF MININOVA WILL REMOVE A TORRENT AT YOUR REQUEST THEN WHY DONT YOU MAKE A REQUEST FOR YOUR CONTENT TO BE REMOVED.

Wait you’re just a bunch of lazy idiots with too much cash.
dung

private torrent sites and its owners are the biggest wussies around. i bet if one of this private sites gets the attention of brein, they will shut down, run and hide lol..

public sites at least try to fight it out unlike those private pussies.
Bob

Mr. Kuik kicks assess of the pirates, love it!
BREINdead

Private torrent sites are actually the easiest to take down. BREIN just need to send a nasty legal email and its done ;-)
Anonymous

@27,
mininova requires the original right-holders to do so, brein is but a group of representives.

Anyway, the court order seems fair in my eyes. That is, if brein provides which torrents are marked illegal.

@21,
you’re not making any sense. First off, mininova helps you (facilitates) the copyright infridgement (which is what this case was about- correct me if I’m wrong). Second, bittorrent consists of both up- and downloading. Without uploaders, this doesn’t work. Third, the fact you mentioned is doubtful at best. I recall a judge stating this was not true.
BREINdead

BREIN can take down private sites easily. They just send some nasty legal email and its done :)
Anonymous

I agree with #1, it’s great news. The kind of news that keeps readers entertained and might lead to some becoming better informed.

Bad news makes good news and all that.
Pingback: Sentencia judicial exige a Mininova eliminar todos los torrents con copyright | ALT1040 (Actualidad)
rambo

@20:
” Here’s Torrentfreak promoting the 25 best alternatives to an illegal service (convicted owners remember?)
http://torrentfreak.com/25-great-pirate-bay-alternatives-090822/ ”

Running a tracker isn’t an illegal service. What the hell are you talking about?

” …and Torrentfreak has been making heroes out of pirates ”

As long as it does not involve attacking ships on the high seas, kidnapping and murdering the people on them, its not piracy. Get a clue.
SL

The answer is simple, just move the site out of Holland.
xentar

Hmm. So, if the court disagreed that removing all infringing torrents is impossible, it must have provided the means to do so as its argument?
The Queef

Unless mininova fights the verdict, this means that they will close the site. It seems to me they don’t have an other option then a shut down of the site because removing all the torrents leave us with an empty website and that ain’t good for bussines.

Worst of all this could also mean those brein bitches scored a big one today, if mininova goes down others wil follow soon.

I’m starting to think some people don’t want us to share our file’s,maybe it’s just me………

Cheers,

-the Queef-
Anonymous

Good they are a bad torrentsite anyway, takedown policy? bunch of cowards
Anonymous

Fools. Miniova is not an army of people waiting to take down anything at your request. Pathetic. I had a good laugh, thanks for the free entertainment BREIN.
realist

You guys need to get real. Mininova is built to download illegal shit. Thats a fact, lets not fool ourself.

The fact is that these sites can’ get too big, before they get sued. The solution would be to open source the code and let these bad boys spring up all over the place and some sort of hub for syncing. so it won’t matter if they go down.
James

Hell yeah Fuck Mininova!
GrungeKid

I agree with @37. There is no way the can remove the copyright infringing torrents over three months, and even if they do that site will be empty as anything. I mean as much as I want to see the trolls on mininova suffer, I don’t want to have this set as a court precedent.
RoestVrijStaal

I really wonder when MN really deletes the ‘infringing’ torrents, because they must be all filtered out from the legal torrents.
With 1,151,766 torrents (just copied from http://www.mininova.org/statistics :P ), hmm if you really do good verification, 100 torrents per day…
It could take 30 – 40 years to filter the ‘infringing’ from the ‘legal’ torrents.
I guess they could better deactivate the ‘upload torrent’ function until verification is complete.

In other words, the decision of the count is not achievable…

BTW: I found some anti-BREIN websites:
http://timkuik.com/ ( a fake-Steve Jobs-like site, English )
http://breinloos.org/
FilterMan

The site already sucked once they started filtering anyway. Back to usen… err nevemind.
Pirate Nation

I see this as end of mininova. If mininova appeal. BREIN demand mininova to be shut down until case is over in highest court level after 5 years.

MAFIAA never learns when you take 1 site down 10 new sites comes.
@ Pirate Nation

Who told you that MAFIAA wants all sites taken down all at once?

MAFIAA starts with the money makers and the liars first.
TerribleTony

When you turn law-abiding citizens into criminals, then they will partake in much more of that activity.

I’ve been criminalised for over 17 years for my choice of smokables. And it’s never stopped me from rolling another phat one.
JudaZ

Since Harly is commonly used by Hells angels, and Hells angels isnt the most leagal guys and gals around .. Harly could defintly be sued for creating bikes that could be used to commit and asis in a crime … totally insane!
Pingback: Mininova sommé de retirer ses torrents copyrightés « Journal du Pirate
TerribleTony

When you turn law-abiding citizens into criminals, then they will partake in much more of said activity.

I’ve been criminalised for over 17 years for my choice of smokables. And it’s never stopped me from rolling another phat one!
@ SL

Yeah let’s move the site out of Holland and provide Brain with more ammo to have it blocked by Dutch providers. Great idea!
TerribleTony

Sorry abotu double-post, something is wrong with the comment posting script. All I get is a blank page after posting.
xmido

mininova is practically dead for some time now. i mean like u cant find good shit there anymore.

i have been using more isohunt lately.
Punisher

MAFIAA will gladly work through the list provided by Torrentfreak.

Vancouver
Paris
Hong Kong

Here they come
CDR levy of canada

YES GO AFTER AL THE PUBLIC TORRENT SITES RILE the universe YES
cant wait for hte 1st brick to get tossed and a real new world order begins.
fuckthat

p2pFrEaK: There is a world of difference between a car company that has no way of knowing what its clients will do with the cars, and a tracker that has ways to know what goes on on its servers.

Let’s be honest here, moderators and maintainers CAN know what people upload on their trackers – they just chose to look the other way because if they only hosted legal torrents, there wouldn’t be much interest in their tracker, and they wouldn’t get much ad-revenue. There are ways to control things, you can also erase the past torrents so that people cannot download the old stuff anymore, and from that moment on you can moderate any new torrent that people want to post. In that way you can make sure to remain legal.
Alun

‘removing torrents that link to adult content, viruses and fake files proactively and in response to user feedback’

Obviously there are a lot of users out there who are willing to help with feedback because they are against adult content, viruses and fake files. I wonder how many of Minnovas users are against copying files?
arrrg

to the people saying who care its a public torrent i would like to know your secret private torrent with source, speed, and new release
Ninja

I wonder if they really went through Mininova’s budget to state that they actually profit over it. Also, they forget the site hosts any torrent, meaning they are actually allowed to ‘profit’ as there are torrents that are not copyrighted.

Profit is money that is left after all costs are deducted. Have they deducted the living, health, education etc costs of the people working at Mininova?

This case is an idiocy in any way you look at it. And I even haven’t started mentioning that people who download may end up buying the content…
youngdand

@8 talking to yourself is ther first sign of madness. lol
Sergey Simonenko, PetrLUG

They should simply use Torrage!
max

one by one… soon these will be down or forgotten and new sites will rise
Sean

I personally want to DoS BRIENs website. D:<
Alun

Mininova should have promised that they would provide a simple way to get a list of the IP addresses of the computers that are currently seeding, sharing or leeching any of the files that are linked to through the site, irrespective of whether or not the files are legal or not.

Oh hang on a minute thats what they do anyway, the only thing mininova does is allow you to search for a file and then get a torrent that connects you to a tracker that in turn gives you a list of computers that are sharing the file. Nothing illegal all the way up to that point. Its only when people use this information to add themselves to this ‘swarm of sharers’ that legality raises its ugly head.
phishybongwaters

Mininova? Well thats fine and dandy but how is this going to impact on Ernesto’s coverage of the piratebay. I mean, it’s been almost a day since the last regurgitated piratebay article, what gives?

Seriously tho….

This is BAd folks BAD. Mininova indexes torrents, like hundreds of sites. This is the sign of things to come, it doesn’t matter anymore if you are even breaking the law, they will come after you.

So when do they take on google? filetype:torrent to your search and wow, lists of direct links to torrents.

Interesting.
Anonymous

So mininova how did that filter work out for ya give them a inch they will take a mile
BREIN SUCKS!

Well just appeal this ridiculous and absurd verdict, the appeal process will buy us more time maybe years ha!

Brein, MAFIAA, MD and all those clowns SUCK on each others dicks while trying to find more “clever ways” **cough** (bunch of retards) to shut us down and in the end they will fail miserably while getting nailed in the arse and laughed at by the rest of the world.
hahaha

We’ll let them enjoy their victory. It won’t help them one bit. They are fighting windmills. They can not win and deep down they know it. They are a bunch of idiots.
greenlight35

spain seems to be they only safe haven for torrents right now, but can’t have any ads on site thats the one sticking point
Ron

I Agree with #1 – this is great news!

it’s about time that those who parasite on the work of content makers be punished.
Dark

Thats such sad news…..not!

Terrible site moderated by idiots!

Goodbye Mininova
Sandeep

The defense argument by Mininova wasn’t strong at all. “If Mininova can remove adult & other torrents that is against their rules why not copyrighted torrents ??” – They won’t be able to give any solid answer for this.
They should have come up with something strong like the ones TPB brings.
Nob0dy

@20:
” Here’s Torrentfreak promoting the 25 best alternatives to an illegal service (convicted owners remember?)
http://torrentfreak.com/25-great-pirate-bay-alternatives-090822/ ”

” …and Torrentfreak has been making heroes out of pirates ”

first of all :

a.) bittorrent is legal. therefore all bittorrent SITES are legal. The content may not be, depending on your location in the world.

b.) heroes out of pirates! sure!

The definition of hero: a man/woman distinguished by exceptional courage and nobility and strength; “RAF pilots were the heroes of the Battle of Britain”

Let’s see what the pirates have done:

1. Were kind enough to share new material with us, some of which we have never seen before, at their own risk.

2. Are everyday average joes and most likely “good samaritans”.

3. Take the entire fury of whatever the MAFIAA can throw at them through ISP shutdowns and intense legal battles, because FILE-SHARERS made an item popular, and ask nothing in return from everyone else (except for the occasional legal help).

What has the MAFIAA Done:

1.) Screamed “they are infringing! sue them!!!!!” whenever they so much as hear a Britney spears song recited by a 12-year-old in a public mall.

2.) Extort their own members out of millions of dollars in cash (depending on status), meanwhile keeping the impression that if they aren’t members, “they are nothing”

3.) demand nothing less than complete and utter control over what we do with music and movies we have purchased through use of our computer (including the use of DRM to both enforce and SPY on the end consumers).

3.) try to bully file-sharers they catch into giving them thousands of dollars in “settlements”, threatening to take them to court if they don’t comply

4.) and of course, take the pirates to court all the time and get away with millions of dollars in “damage money”- when they are not even sure themselves what the “damages” really are.

you tell ME: which side best describes the “hero” definition here?
alternatives

mininova alternatives

http://digg.com/u3BRvM
Pingback: Mininova Ordered By Court To Remove Copyright-Infringing Torrents | Erictric
Anonymoud

It’s next to impossible to remove EVERY SINGLE torrent that has copyrighted material in it because it will just be re-uploaded to the site. It’s like playing and endless game of Whack-A-Mole, it will never stop.
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Anonymous

More bad things: According to swedish news the police just broke into the home of a 33-year old filesharer and captured 50 TB data.
EmP

What did you expect… There is no way that any of the current FileSharing sites in existence will EVER win such a case

BREIN and the likes have the judicial system on their side, there is no way anyone will get past that

MiniNova will also lose the appeal and will be forced to close shop. Maybe that is for the best so they can restart their business from a different country which does not sue them…

I hate it but it is a fact of life until the entertainment industry changes their minds…
merlinx

a faster TOR network needs to be developed for p2p site hosting that way it will be impossible for any government to have any input.

fuck the government
Pingback: Torrent Indexer Mininova must clean all infringing content - Internet
EmP

What did you expect, did you really think that they could win?!

Again there was no verdict about the legallity of BitTorrent files (or sites) and they lose because of the content of the files

There is NO WAY that any of the current FileSharing sites will EVER win such a case as BREIN and the likes have the judicial system on their side!

MiniNova will also lose the appeal and will be force to close shop. May this is for the better so they can move their business to a different country which does not have a BREIN or the like

I hate it too that it is what it is right now until the enternainment industry changes their minds….
Anonymous

torrage is a good idea mentioned above. And what about magnet urls, is that illegal to? A link, that points to a hash value? lol
BlaBluBlub

BREIN = FOTZEN!!!
Bean-Dare

This is all coming to pass, read/listen to the book Atlas Shrugged. I think Ayn Rand pretty much sums up the shift of the looters to seize capitalistic pursuits for their own gains.
Gordon

Well, this makes it obvious the Dutch court system is being heavily bribed by BREIN when they submit a verdict placing the burden of proof on the defendant. It is time to perform aggressive pruning of corruption.
Patrick

All this has happened before, and it will happen again.

They kill off one site, and another five launch.

They kill those five, another twenty sites launch.
Anonymous

anybody heard about the way you can embed a torrent file in a .jpg or something like that. i need to share some pic’s.

heh, heh, heh
aa tunko

OMgosh dude, who cares about what some stupid Dutch court says! I mean really!

RT
http://www.online-privacy.es.tc
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Anonymous

the issue of removing torrents is always a touchy one. i look at it this way companies like brein should not have control like they do. i have no problem with take down request but i personally think it should come from the artists and not companies like them. if an artist was to ask me to take down something of theirs then i would do it, but if a company like brein asked then i would have a problem because some artists do not want it done in their name by comapnies like this. it should not all about power like they think it should be, it should be about respect. filtering content is not hard to do to a certain extent but can cause a burden as none of the filters i have ever seen are perfect and will block things would should not be blocked. also getting around filters is easy and to have a person sit there and be the filter can be costly and time consuming. these judges and people who say there should be a filter should be forced to use one on their pc and we will see how much they like it. soon i guess we will all be like china.
2pence

Both M$ and mozilla should face similar rulings cos their browsers are used for p2p searches.
Anonymous

anybody heard about the way you can embed a torrent file in a .jpg or something like that. i need to share some pic’s.

heh, heh, heh

oh, sorry png files

Hid.im Converts Torrents into PNG Images

http://torrentfreak.com/hidim-converts-torrents-into-png-images-090714/
Xcel

First of all, private trackers are not immune, Get that notion out of your thick skulls… one recent example is Demonoid, or have you already forgotten??

If the Pirate Bay falls (the sale goes through)then it obviously is a HUGE victory for BRIEN& co…it frees up resources for them to take on the next TOR site on their list, which should get easier and easier since they started with the biggest first…Minninova seems to be next in this case, and its falling…

Personally I would rather not be reduces to sites like “Rapidsh^t or megatoad…even they are vulnerable….

Face it Ppl, if one of these publics do not get some sort of break in the courts, Tors may soon be something out kids only read about in history books….
CDR levy of canada

DUMOID is not a private tracker by definition because every friday the mpaa and riaa can go sign up
helnwein

First go the public trackers… then the private ones.
helnwein

Stick to IRC.
Sanderman

This is why Mininova should never have tried to censor ‘for the family’.
A peak in the comments usually filters out any malware.

If they didn’t, they would have been able to plead impotence in court. But as it stands now, nobody will believe them if they do.
Dave – usenet guy

It is well known the Dutch courts are anti p2p. They’ll never win there. The Dutch are very liberal but not when it comes to issues involving money.
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Anonymous

23 Aug 26, 2009 at 16:05 by @ Anonymous

In a truly democratic nation free speech should be respected, you may not like what the other side says but you cannot mandate the government to do anything about it even if it is xenophobic or criminal and quoting a U.S. judge in a case against a town that had ordinances forbidding Neo Nazi parades and was defeated by the UCLA

US District Court Judge Bernard M. Decker described the principle involved in the case as follows: “It is better to allow those who preach racial hatred to expend their venom in rhetoric rather than to be panicked into embarking on the dangerous course of permitting the government to decide what its citizens may say and hear … The ability of American society to tolerate the advocacy of even hateful doctrines … is perhaps the best protection we have against the establishment of any Nazi-type regime in this country.”

http://www.lib.niu.edu/ipo/1978/ii781111.html

Sometimes I wonder what happened to those types of judges that stood for something and didn’t bend over.
Anonymous

http://www.time.com/time/magazine/article/0,9171,916244-1,00.html

There was a time that people still believed in something and did fight for it even when it was unpopular or a “wrong” move career wise. People wasn’t afraid to loose their jobs they were afraid of losing their integrity.
takster

Another Domain another Hosting Country,maybe where they transmit on tv for everyone free all new Hollywood movies as soon they come on the same day – or even on a ship in the international sea water.
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pink panther

Does the court or BREIN give advice on how to determine what is infringing? This could be a landmark case if there is some guidance on out-of-print books and music albums which are still under copyright but the owners can’t be contacted, abandonware, etc — particularly if this sets an EU precedent for the upcoming court case that the Google book deal will inevitably bring. If an EU court would say abandoned works are in the public domain, that might stop Google.
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Hmmmm

Why don’t they take down the entire interwebs and be done with it, already? Seriously, take down the whole thing and let us go backwards, say, 30 years from now, when people had no voice and were oppressed by industries. This is a perfect solution to extinct piracy once and for all, no?
Anonymous

these f*ckjugheads BRIEN RIAA MPAA , seriously need to get a LIFE , with all the money they R forking “trying to take sh*t down and receives EPIC FAILURE TO DO SO” all the worlds starving children would be Fat. They just want more fooking money over and over and over and over , say like a singer\band creates there music , they only get a 25% cut of the profit and music industry gets the rest ,and use that to==> “epic failure”.

Foolishness BS MORONS.
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whatever

Right.. I actually read the verdict and the courts’ conclusions where not that unreasonable. The court clearly ruled that MN was not involved in copyright infringement. However BREIN succeeded in showing that MNs actions caused damage and that they violated a moral code. Under Dutch law, that can be enough to justify an injunction. The legality of torrenting itself was never raised.

The decision also reads as a nice not-to-do list for torrentsites based in the Netherlands:
-Don’t get involved in sorting, monitoring, filtering, promoting or checking the torrents.
-Don’t exert any type of control over the moderators.
-Don’t ever (get caught) upload(ing) a torrent to your own site.
-Don’t discus the details of what your doing and why in a public forum.

In short, don´t exert any type of control over the content of your site, or you will be obligated to weed out (suspected) copyrighted materials.

I’m thinking that with a few minor modifications, MN can do a restart. The drawback will be that they won’t be able to weed out the bad stuff any more, since the ability to do that makes them liable…. or so it seems.
jay

find a search engine such as google, with “file name” + .torrent seems to work really well, lets ban search engines wim ?

(retarded 1st poster)
Bobe-On (White Space)

“…We will soon have ‘Wi-Fi on steroids,’ since these spectrum signals have much longer range than today’s Wi-Fi technology and broadband access can be spread using fewer base stations resulting in better coverage at lower cost… I’m sure that we’ll see similar growth in products to take advantage of this spectrum.”

– From ZDnet Blogs

Suggestion to Mininova and similars:
How being amplifiers between wireless mesh clouds?
Ninja

58 Aug 26, 2009 at 18:11 by fuckthat

Ad revenue…. Right, I’ve never seen a single ad at Mininova or TPB for instance since I filter the ads. Such statements make it even clearer that those human garbage that are part of MAFIAA network are just interested in the money and not in working with the consumers….
anon

@47

Too right mate. Ive been using it for ages, much, much faster than torrents.
wagner

Netload and Hotfile are best
Torrent Tatty

Dear Erik,
we give you the Torrents
Billboard Top 40 Top DVD Sales
and
Billboard Top 40 TV DVD Sales
plus 80.008 €

8.00€ Profit for you!

And you give us how much from your
ads?
diarRIAA

The RIAA/MPAA and their ilk have an interesting definition of profit.

I would imagine it costs alot of money to run mininova, and having ad sponsors is unlikely to raise alot of money. Even if they did raise alot of money it would probably all go to running and maintaining the servers, bandwidth, etc. I doubt the boys at mininova can afford mansions around the world, private jets, servants, expensive cars and a lavish lifestyle.

Now let’s talk about the RIAA/MPAA, they pay their artists as little as possible while filling their banks with millions (and billions as a whole) so the executives and lawyers can afford mansions around the world, private jets, servants, fancy cars and lavish lifestyles.

One example is; Slumdog Millionaire. It earned more around half a billion dollars, while the child stars still live in a slum. The executives are wealthier beyond their wildest dreams.

Who are the real thieves here?
brandingbugs

mininova should really start studying the viacom vs youtube case.
this arguement, since you can filter out porn or you can tell filter copyright automatically has already been handled.
Telling the difference between porn aand not porn is easy see the nudity drop the video.
The difference between fair use and infringing requires highly qualified lawyers. With the documented record of false takedowns on chillingeffect they could prove that even viacomm with it massive number of lawyers could not tell the difference.
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Ciaran

They fine tpb and now mininova and the new uk law they can take down the torrents and file share but not the pervs who look at kiddy porn fuck em who needs money when u can steal who needs to buy software when u can get it off a site like megaupload or others god wants to give life not fucking money whoever made money is a stupid basterd we could all have a good life and live it to the max but no the fucking government likes to have money.
Eh

Its ok guys, Canada is here to help you out, isohunt.com
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Reasoned Mind

Just because its ‘illegal’ doesnt mean its wrong. Plus its not even illegal in most places.

Weed is a perfect example.. just because the law says you cannot have it, doesn’t mean its wrong. So please STFU about blaming torrent freak for what they are doing, your all idiots.

By your logic, whatever the law says is right, so I cant wait until you live in a corporate run world that’s only run by the rich, because guess what.. your middle class ass will be in poverty.

If it wasnt for torrentfreak and websites and people like them.. there would be no resistance to the greedy powers that only want to ruin your life.

If you dont like it, GET THE F*CK OUT. Nobody cares about your nazi logic.

Torrentfreak is a gem among rocks.
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Bobe-On (ISP-less Net)

Unsure about Usenet:

“In 2008, Verizon Communications, Time Warner Cable and Sprint Nextel signed an agreement with Attorney General of New York Andrew Cuomo to shut down access to sources of child pornography. Time Warner Cable stopped offering access to Usenet. Verizon reduced its access to the ‘Big 8′ hierarchies. Sprint stopped access to the alt.* hierarchies. AT&T stopped access to the alt.binaries.* hierarchies. David DeJean of PC World said that some worry that the ISPs used Cuomo’s campaign as an excuse to end portions of Usenet access, as it is costly for the internet service providers. In 2008 AOL, which no longer offered Usenet access, and the four providers that responded to the Cuomo campaign were the five largest internet service providers in the United States; they had more than 50% of the U.S. ISP marketshare.[19] On June 8, 2009, AT&T announced that it would no longer provide access to the Usenet service as of July 15, 2009.”

I guess the industry’s already looking at suing/controlling/legislating Intel and Dell and other future techs of wireless mesh “white space spectrum wifi” technology.
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Awesome Face

I wish they didnt get Mininova =(
@ Fredrik Neij

you are running out of friends
h33t

dont miss the point dudes

mininova moderators dont know what is copyright content unless the MAFIAA tell them because the MAFIAA are (de facto in this case) the rights holders. hence it remains that the MAFIAA have to do the donkey work in providing the court submissible evidence of wrong-doing

there is nothing for mininova to do except punt it back to the MAFIAA for the documentation they need to proceed to clean their site

forget swings and round-a-abouts this is a rotunda

http://www.h33t.com not at all involved in torrent moderation because it is a community activity
AnonynonA

“profits from copyright infringement though the ads that appear on the site.”

…
Coy

Now why do they have to do this? I can still see box office hitters even when torrentz are around so why be greedy with all the money?

Torrent is Freedom!
Coy

Now why do they have to do this? I can still see box office hitters even when torrent sites are around so why be greedy with all the money?

Torrent is Freedom!
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h33t

“profits from copyright infringement though the ads that appear on the site”

clarity please. profits from filesharing which may or may not be a result of linking to copyright on the site. in fact the vast majority of mininova links are uncontested. it is not an issue of abandonware, it is a fact of no damage

until it is established that there is a link on the site that contravenes copyright law the profits from ads are unattributable to an afringement. which is exactly what the Honourable Judge in the case said “the allegation is there are infringments, if this is the case then please remove them”. no less no more

it remains for mininova to demonstrate that they are doing their best to avoid infringments. the mechanism for that deeply involves the MAFIAA in the process. significantly against BRIEN is that they are not at all co-operating in the process as the supposed representative of the damaged parties

the problem in the process is that mininova does not know what is infringing without the cooperation of the copyright holder. it is non sequitur that mininova can act alone and it is absurd that BRIEN can establish the majority of mininova links are de jure infringements. the morality of mininova resides in the innocence of the filesharing activity that is a mass movement for caring. you mother told you sharing is caring. share your toys, share your sweets, share your wealth

mininova has multiple choices to deal with it. it is a simple exercise for any lawyer worth their salt and my trust in the Dutch remains in esteem

http://www.h33t.com where the fundamentals have not changed
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im soo happi

im soo happii mininova sucks
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Snoopy

It’s Mininova’s stupidity. If they can censor some files (so called “adult” content) they can also censor others…
illunatic

@124 No U!

Torrent is freedom!!!
concerned

1st, I read all the reports & comments.

It appears the moderators really screw’d up here by helping somebody, and 2nd, by adding in a filter to their site, the courts figures they can filter out (c)opyright material. This is the basis of this decission.

Lastly, I want to point out that MiniNova should not be talking about itself or updates to its site. This is more than obvious now (since they are in the soup).

I think the best defense here is giving users an option to “opt” out of a filter search. Just like Google. Yes, filter the content, but allowing an “over-ride” for those of us that do not wish to be filtered.

Also, I would tell the moderators the same thing Yahoo’s CEO said; “Stop talking.”

All is not lost yet. In an appeal they will be allowed to operate, this would atleast give them some time to raise funds necessary to pay for this court battle.

I like MiniNova & Torrentfreak. Personally, I would like MiniNova to say online. Who knows, maybe the publicity this case causes will raise the revenue brought in.

As a wise man put it “Raise The Bar” – Meaning more cash (just be quite about it :)
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Brave D

It would be a real shame if Mininova disappeared, but in the circle of net life, new phoenixes will rise in its place. I bet some genius techs out in the world are working on it right now.

Mininova should make their point that going through all these torrents would be a task like counting all the star in the sky in one night. Either way, its so easy to move content around online, that shutting them down will make no difference.

Well, if it does happen, bye bye MN.
DarkFallz

Well MiniNova are morons for profiting. If they were not making any money… but only enough money to maintain the site Im positive the court would have ruled differently. But because sites like mininova abuse the right to advertise and make more then enough money to maintain the site server and a decent life style. There fore they screwed the rest of the Torrent community as this is only the beginning.
5th

The Problem as I see it is that while Mininova may not be good, it’s still a site with some notoreity.

What this means is that this case can be used as a base for ALL other cases. Not only that, but it will have some influence on the judges that see those cases.

When they finish presenting their case and tack on that “also this judge ruled that this site was illegal and they did the same shit” it may make the sway.

It may be exponential growth from that point.
Alejandro

Fuck BREIN!
.neo.styles|nvDX

Okay, let’s do this..

What makes mininova guilty is their complete lack of rules. They don’t explicitly require torrents for copyrighted material, but their complete indifference towards what kids of torrents are uploaded to their site is just as bad as intentional infringement.

12 : Yes, they are guilty of copyright infringement. Copyright is all about people have control over how their work is distributed and I seriously doubt that people would want their work handed out to millions of people without a cent for themselves.

129 : How do you suggest a torrent site profits? Do you suggest they put their finances in the very hands of people who don’t want to pay a cent for anything? Ironically, this probabaly also extends to the torrents sites they themself use. Most pirates probabaly wouldn’t even raise a finger to support those who bring them their pilfered material. Kind of ironic.. In an alarmingly selfish way I might add.

Ads are their only dependable source of income too. Again, more irony : they are undermining other people’s only dependable source of income themselves.

»123

clarity please. profits from filesharing which may or may not be a result of linking to copyright on the site. in fact the vast majority of mininova links are uncontested. it is not an issue of abandonware, it is a fact of no damage

Under the prosepct of free things, millions of people are drawn to torrent sites, making their ads a tremendous source of income. The more people come to torrent sites, the more exposure those ads get, and the more lucrativethe torrent sites are perceived as by the (prospective) ad holders.

»122

Now why do they have to do this? I can still see box office hitters even when torrent sites are around so why be greedy with all the money?

YOU can.. What about where the movies came from? Do you believe you have the right to tell other people how much they should profit from their success? DVD sales are still a huge part of Hollywood’s profits.

@Reasoned Mind

Just because its ‘illegal’ doesnt mean its wrong. Plus its not even illegal in most places.

Anyone who honestly believes that taking things without paying a cent isn’t wrong has zero moral conscience.

By your logic, whatever the law says is right, so I cant wait until you live in a corporate run world that’s only run by the rich, because guess what.. your middle class ass will be in poverty.

Regardless of whether you like it or not or whether you think it’s wrong, you still have to obey laws. If people could cherry pick which laws the follow, that would defeat the purpose of having laws to begin with.

@21 : Uh, not really because those actions are in relationship to their service. Look at what youtube does with copyrighted music. They take off the audio. You still think that “the actions of others are beyond our control”?

@103 : and you’re one to be talking about starving children? The fact that you presumably don’t pay for your movies, music, games, whatever else you pirate shows that you care about others, right?

@98 : Piracy is no more freedom of speech than breaking into a store is freedom of expression.
Dzinepress

that’s really embarrass for mininova, because they have tons of data there in database, how can we get these kind data now????
mikalangelo

Goodmorning ppl i just want to say that i have to go to work to earn some money today as every day and believe me when i come back i will go with my money that i earned to buy ALL music and movies that i can, to make Brein … (not brain at all) very happy :D hahahahhahahahahahaha Go dead mr and mrs brein go dead :D
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me

LOL @ all the braindead sheep in here all like ‘But its illegal!!! But its illegal!!!’.

You know, can you honestly give me a better reason that ‘Its illegal” to fight with?

How about we give you something about how artists are being ripped off every day, directors, software developers… and who by? Hypocrites such as yourselves who have nothing better to do than jump on a website that proudly supports Piracy (a new freedom for people alike) and cry ‘You cant do that, because its illegal?’.

How about you go and do this.

Instead of inventing new bullshit laws that you cant justify, and instead of inventing new ways to rip the real artists off every single day, how about you go and get a real job. Learn a trade, one that involves actual hard work. Cuz at the end of the day, when we have no more artists, no more means of entertainment, I will be blaming all you corporate pigs for killing the fun, because the reason that signed artists are poor is because people like you take them for a ride. ANd the reason that Independant artists are so well off is because they dont have pigs like you on their back ripping them off for every cent they are worth.

Again… think about that you braindead fuck.
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policeman

ROFLMAO!

*You guys are all noobs*
Why would you use public trackers for MPAA/RIAA data… So stupid…
Use them for pr0n and photos, you know,

Use 1337 private trackers

dumb nubs.
jam

It makes no difference what they do. Piracy goes on and has gone on since i can remember, so even if they take evryone of these sites down we will find an alternative way. Things like newsgroups still exist and im sure that new mediums will pop up. So please keep shutting these sites down you are only serving to make us more efficent as thieves.

I buy content but only if it is truly worth the money, the tv companys make there money through advertisements and the majority of hollywood blockbusters are not worth the price they charge, those that are im sure are purchased anyway.
hihihi

LOL at those encouraging use of private trackers. private sites are not secure. where did people get this stupid idea.

public sites will try as much as possible to provide some sort of privacy. but admins on private sites will not hesistate to sell you out. they will provide all the information they have on you to the authorities to save their own ass. LOL.
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FUCK_COPYRIGHT

TO ISOHUNT!
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Anonymous

http://www.mininova.to
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method

1. Remove the tracker address from torrents.

2. Anyone who downloads a trackerless torrent adds an opentracker address to it and can download just as they could before.

This means that the torrent files will ONLY be file-date-validation and will NOT facilitate a link to copyright infringing material.

Therefore your torrent indexing site will:

a) NOT host infringing material.
b) NOT transmit infringing material.
c) NOT link to infringing material.
d) NOT host files that contain any form of link to any service that can provide the means to infringe copyright.

The end-user would have to use their own initiative to achieve the means of connection and/or connecting to a service that could help them any further. This would not be incitement (as the data provided is only for file-validation, not in any way contributory to actually connecting to any infringing material.)

Surely there is no law against file-validation data alone? If so, we might as well ban the use of cyclic redundancy check (CRC) too!!
PoT

Well at least you can still get anything off of http://www.plentyoftorrents.com
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Alcari

So, I should read this:

Dutch courts give mininova 3 months to move their server to another country.

Right?
Adam Sandford

mininova is just another site for thieves to bypass the normal methods of paying people for entertainment and leech of the rest of us, the honest majority.
Those leeching little thieves should grow up
Adam Sandford

who cares what thieving kids think?
wowyea

I do find this a bit humorous or even as some put entertaining. Not so much yet for the core of the story (as I feel the humor of that will arise as this all progresses) but for all those so critical of something they clearly don’t wholely understand. Particularly such as post#58 it seems your confusing index with tracker and assuming that one is directly controlled by the other. This does hold true for private trackers and indexes but this matter seems more about the public end of this matter. Now don’t get me wrong here, in looking through these comments I know my understanding may be limited in some/many aspects but I’m not trying to argue how it is either just making points of notice.
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x

Adam, if the kids were never going to buy it and if zero units of products have gone missing, your claims of “theft” could be nothing more than your misinterpretation of law, where people are entitled to “restricted acts” but you refuse to accept that.

But don’t let me stop you from slandering millions of people… I’m happy for you to be a douchebag of your own accord.
Landrew

THIS SUCKS!!!
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theloverboy

:: just move server to malaysia and problem solved
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admin1

I agree with you to wipe the tears I recommend http://torrenty-linkupload.org
zoom

I have invites to Demonoid, Waffles, BitMeTv, RevTT, SDBits, Bit-HDTV, HD-bits.ro, Torrent-damage, and STMusic. If you are interested in joining one of these sites, email me at: teflon701@gmail.com
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Anonymous

anything that is free is a no no in a capitalist system, The rich elite get richer and the poor can go get stuffed. Get rid of this failing Bankrupt system, get rid of the problem wsws.com have a nice day…
Malc B

anything that is free is a no no in a capitalist system, The rich elite get richer and the poor can go get stuffed. Get rid of this failing Bankrupt system, get rid of the problem wsws.com have a nice day…ok for the greedy bankers to plunder billions of us
Brein sucks

Proof Brein, the MPAA and MD are full of S**T:

“It’s been a bad year for every industry in this country except one: making movies. 2009 is shaping up to be the biggest box-office year of all time. The total gross to date is over $7.2 billion, up 6.7% over last year at this time. With a record-breaking summer coming to a close…”

This has been the best summer hollywood has had ever! meaning blaming “piracy” for movie losses is all just a big pile of crap.
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