Mininova Trial Due in Two Months

Written by Ernesto on March 16, 2009 

This year is an important one for the three largest BitTorrent sites. In common with The Pirate Bay and isoHunt, Mininova is also heading to court in a dispute with the entertainment industry. This May, the court will decide if the BitTorrent indexer has to actively filter content from the site.

mininovaThe top three BitTorrent sites are all involved in at least one court case. The Pirate Bay trial has just ended and isoHunt is involved in a case against the MPAA, and one against CRIA – the Canadian equivalent of the RIAA.

Mininova, based in The Netherlands, is up against local anti-piracy outfit BREIN, which has a reputation for forcing torrent sites offline or to hosting in other countries. Through legal action, BREIN now hopes to convince the court that Mininova has to filter its search results, so that all .torrent files which may point to unauthorized content are removed.

The date for the trial was set today for May 20th, and it will take up only one day. Before it came to legal action, Mininova and BREIN have had lengthy discussions on how to deal with copyrighted content, but they never reached an agreement.

“The case wont say much about the legality of torrent sites, but it will give more insight into what measures BitTorrent indexers and similar services have to take in order to make sure that they don’t link to illegal content,” Mininova President Erik Dubbelboer told TorrentFreak. “In particular, it deals with the question of whether or not website owners have to actively filter content. In other words, is a notice and takedown policy sufficient or not.”

With the Pirate Bay case still fresh in everyone’s memory, a comparison between the two cases is easily made. However, they are more different than most people would assume. First off, Mininova’s case is against the company, not the individuals involved with the site. “The Pirate Bay case is a criminal trial, ours is civil,” Erik told TorrentFreak.

Erik further noted that Mininova doesn’t operate an open tracker and that they, as opposed to The Pirate Bay, take down torrents when they get an appropriate takedown request. “These are all big differences that clearly distinguish the two cases,” Erik said.

There is no doubt that the Mininova trial will set an important precedent for all other BitTorrent indexers hosted in The Netherlands. Erik and the other Mininova founders think they have the law on their side. “We have confidence in the outcome of the case and we don’t think Mininova will cease to exist,” he said.

To be continued.

Previously: Behind the Scenes at Mininova

Next: Major Opposition to New Swedish Copyright Law

69 Responses

1 Mar 17, 2009 at 00:39 by mauritz

We love you Mininova!

2 Mar 17, 2009 at 00:44 by meh

They do track torrents, so I could honestly care less about them.

I just wish mininova’s seach algarithm was used at the pirate bay :\

3 Mar 17, 2009 at 00:44 by meh

dont track*

4 Mar 17, 2009 at 00:45 by ME!

Best of luck :)

5 Mar 17, 2009 at 00:50 by www.10ch.org

Mininova is effectively just a search engine; they don’t even have an open tracker. I also don’t think that this particular court ruling will be that big of a deal if they rule it legal; that’s just like saying that Google is legal.

6 Mar 17, 2009 at 00:55 by Virate

I don’t like MN’s profit-making. Nevertheless, these court cases are vital..

7 Mar 17, 2009 at 00:55 by Mr.Afghanistan

I never Used mininova nor Torrentspy because they were/are full of advertise and crap.

I don’t care whatever happen to them.

One is dead, nothing happen, let the second one die also :P

WHO CARES and let google.com die also loool :PPPPPPP

8 Mar 17, 2009 at 01:04 by RzmmDX

Don’t think Mininova’s trial will go so well. They are effectively EARNING cash… but luckily stupid lawyers went for TPB first. Seriously Lawl. Things might work out.

9 Mar 17, 2009 at 01:16 by Anonymous

awww crap where am I going to dump my torrents now?

10 Mar 17, 2009 at 01:31 by Anonymous

good luck with that :P

11 Mar 17, 2009 at 01:51 by Any1

So u ppl think both TPB & Minninova will be defunct this year as the largest wrezhouse?

12 Mar 17, 2009 at 02:40 by www.10ch.org

“I don’t like MN?s profit-making. Nevertheless, these court cases are vital…”
I concur: I, too, do not like Mininova’s profit-making, and I do not care about Mininova at all, yet, it is indeed true that it would be ridiculous regardless for the court to rule that Mininova is operating illegally.

13 Mar 17, 2009 at 03:16 by a/s/l

i hope tpb and mn stay up, it keeps the heat and attn off the decent private trackers.

14 Mar 17, 2009 at 03:32 by Mininova rocks

Mininova rocks

http://desip2p.blogspot.com/

15 Mar 17, 2009 at 04:02 by bricl

mininova is god.

16 Mar 17, 2009 at 04:51 by wheezer

In digital files, there is no fence that says this is owned. In fact many such as the music industry purposely make it very tough to determine what is owned or not.

Even sites such that claim to help users of the net distinguish which are which don’t really know and often make mistakes because of the same confusion.

If a place that specializes in such has an extremely hard time, how can anyone else be able to do so but the owner?

17 Mar 17, 2009 at 05:38 by stevenaballmer

The Netherlands!
Do you people know why they call it that?
SHEESH!
Get a clue kids!

http://fakesteveballmer.blogspot.com

18 Mar 17, 2009 at 06:10 by #19

I don’t like this trend to sue torrent-related sites. Probably it’s a right time to look for trackers inside of .onion and .i2p networks.

19 Mar 17, 2009 at 09:22 by NubCakes

“I don’t like this trend to sue torrent-related sites. Probably it’s a right time to look for trackers inside of .onion and .i2p networks.”

You can connect to any tracker now through Tor – however it’s only the traffic to and from your client and the tracker that is “Torified” – client to client connections (ie. file transfers) are still completely open and hence doing this is pointless.

Running any sort of P2P inside Tor (ie. client to client traffic) is possible but highly inadvisable due to the way the network operates – it has the effect of slowing down the network for everybody.

I2P is a slightly different story: it has a significantly different network architecture that is designed to handle P2P completelt within the network: and indeed there implemetations of BT (I2PSnark), gnuttella (I2Phex) and edonkey2000 (iMule) that are running successfully now. They all suffer from lack of peers and content as well as being extremely slow – not unuseable but extremely inferior to any of those protocols used on the open net.

There is some buzz around about OneSwarm: surprisingly little considering how fast the takeup of this protocol has been, particuarly in Sweden of all places.

OneSwarm supposedly provides decent speed and anonynomity using modified Bittorrent code – might be something to check out if you wish.

20 Mar 17, 2009 at 10:24 by "Fungo"

““I don’t like MN?s profit-making. Nevertheless, these court cases are vital…”
I concur: I, too, do not like Mininova’s profit-making,”

Well, your both communist scum then – get freakin job and get off the pot you dumb retardos. People make money, it’s how we roll and screw your stupid communist bleatings about it.

You think Pirate Bay isn’t making at least as much money considering they have more page hits? They just don’t make legal tax returns, they launder the money through offshore bank accounts.

Stupid out of touch commuynist scum bags think everyone should live in rags and eat baked beans like you chose to, piss off commies.

21 Mar 17, 2009 at 11:06 by RoestVrijStaal

Good Luck Mininova!
I’ll pray for u!
:hail:

22 Mar 17, 2009 at 11:36 by DJ Sketch@1337x.net

@Levin

shut up dude….

23 Mar 17, 2009 at 11:39 by Meerschwein

Mininova actively makes a huge profit off distributing copyrighted works – they are no better than commercial pirates selling duplictaed disks on the high street.

I hope they are arrested, fined, jailed and have all their assets bought through these ill-gotten means confiscated.

Down with commercial piracy!

24 Mar 17, 2009 at 12:08 by Anonymous

Couldn’t agree more: they are greedy commercial pirates and people shouldn’t use their service

They also actively distribute child pornorgraphy – anything to make a buck I suppose right. I hate these greedy people.

25 Mar 17, 2009 at 12:19 by Nuggetkins

Good luck to them, but don’t forget Alan Ellis from OiNK is due in court in 6 days on the 23rd, but then they’ll probably adjourn it … again. They’re probably fabricating evidence that he’s actually Gary Glitter, Pol Pot and Sauron.

26 Mar 17, 2009 at 12:22 by pirateprideWW

Why don’t these guys just shift operations to another country, a-la Demonoid or like how The Pirate Bay obviously will do if it gets shut down in Sweden. Or am I missing something here?

27 Mar 17, 2009 at 12:36 by Anonymous

You cant actually be that stupid right? Or maybe your missing a large piece of your brain…

28 Mar 17, 2009 at 12:39 by Anonymous

I guess there isn’t anyway to filter it smartly…
using the hashes of torrentfiles would restrict legal files too, and well torrent names do not matter at all

so it was a stupid request to begin with? or are there anyways to do it?

29 Mar 17, 2009 at 12:45 by lamers suk

To all you lamers out there that believe TPB doesn’t make any money, go back to the cool dark cave that you crawled out of. That whole trial was nothing but a bunch of lies and they should all go to jail for contempt of court. If you think all of those ads on TPB are just pretty site decoration and not for monitary gain, your an idiot.
Mininova FTW.

30 Mar 17, 2009 at 12:51 by #N+1

@#21
” client to client connections .. are still completely open and hence doing this is pointless.” I will not really worry about this while VPN services will keep away my IP from MAFIAA. It will be time to worry when we hear that MAFIAA actually forced some VPN service to reveal real IP(they didn’t manage to do this yet, did they?). What I am worried about – trackers, they can be easily targeted. There are alternatives, like DHT, but as far as I can tell trackers are still best way to find the peers.

“OneSwarm supposedly provides decent speed and anonynomity using modified Bittorrent code – might be something to check out if you wish.”
Never heard about OneSwarm before. I’ll check it, thanks.

Also, I believe that with raise of popularity of different anonymous networks, popularity of clients that can download same files from different networks will raise despite techical differences of the networks. I cannot say for sure, but right now downloading same files from both ed2k and torrents is not very popular. Something about 0% probably.

31 Mar 17, 2009 at 13:35 by www.10ch.org

@31 lamers suk
“To all you lamers out there that believe TPB doesn?t make any money, go back to the cool dark cave that you crawled out of. That whole trial was nothing but a bunch of lies and they should all go to jail for contempt of court. If you think all of those ads on TPB are just pretty site decoration and not for monitary gain, your an idiot.”

Wild speculation. Why don’t you prove it? The Pirate Bay website surely is not cheap to run.

32 Mar 17, 2009 at 13:38 by lamers suk

Net Worth : $22.94 Million Last updated Today
Daily Pageview : 10476190
Daily Ads Revenue : $31431.22

I would post the link but these lamer mods delete it everytime.

33 Mar 17, 2009 at 13:41 by lamers suk

http://www.websiteoutlook.com/www.thepiratebay.o r g

34 Mar 17, 2009 at 13:47 by lamers suk

The above addy without spaces in .org of course.

35 Mar 17, 2009 at 14:03 by www.10ch.org

@34 lamers suk
Are you saying that websiteoutlook.com constitutes “proof”?

36 Mar 17, 2009 at 14:10 by NubCakes

“It will be time to worry when we hear that MAFIAA actually forced some VPN service to reveal real IP(they didn’t manage to do this yet, did they?).”

Not as far as I’m aware and I believe if you go with a “p2p friendly” VPN this probably won’t ever happen.

“What I am worried about – trackers, they can be easily targeted. There are alternatives, like DHT, but as far as I can tell trackers are still best way to find the peers.”

Well, yes … but if your using VPN all traffic is routed through the tunnel, regardless of where it originates or what it is – so no need to worry about it.

Using VPN is probably the best way to stay anonymous whilst still keeping up good speeds.

Trackers list all peers with files described by any particular torrent, DHT works by exchanging hashes of torrents between arbitary (random that you happen to be connected to) clients so hence has a fairly low possiblity of finding other peers – ie trackers are much better at finding other peers.

37 Mar 17, 2009 at 14:37 by John Mininova

Man I wish these punk anti-piracy morons would leave these fine folks alone.

RT
http://www.online-privacy.pro.tc

38 Mar 17, 2009 at 15:00 by HiFi 2005

BREIN will get them…….

39 Mar 17, 2009 at 15:38 by DrWhax

Go mininova @

40 Mar 17, 2009 at 15:39 by fookr

Is there a way of finding torrents via the main search engines? YES. So why haven’t Google, Yahoo & the rest been lifted by the RIAA. Anyone?

41 Mar 17, 2009 at 15:55 by graphicartist2k5

EXACTLY, fookr. not to mention that google can be used to download mp3 files, if you know the proper search terms to put in. it’s not like mininova, the piratebay, isohunt, so on and so forth are doing anything differently. they’re just making it easier for people to get their hands on torrent files. this doesn’t mean that other sites, such as blog sites, cannot be used to host torrent files. ANY type of website can be used to host torrent files.

42 Mar 17, 2009 at 16:17 by ATuin

First there were laws passed to remove copyrighted content, now they’re trying to remove what may be copyrighted content, next it’ll be any content they don’t like.

If there’s going to be all these court cases at least make it compulsory to prove copyright on the material.
3 strikes and no internet coz some fuckwit’s pissed off with you will be no fun for anyone, just look at youtube when you add a tune to your video and they remove it without even considering fair use.

43 Mar 17, 2009 at 17:12 by Anonymous

@#40
nobody messes with google, those who try get owned.

44 Mar 17, 2009 at 17:38 by Jaknet

So if they lose and I hope not, does this mean that Google is also going to be forced to prefilter all it’s search results to match some government/industry filter list of what we are allowed to access online.

45 Mar 17, 2009 at 17:46 by grizz

wow…did you guys get sucked in. This argument is just what the CORPORATES want to see. Them getting the P2P comunity to rip it’s self apart. I have my favorite site for torrents but it’s not TPB or MN. I don’t care if they make $ from ads or not. they have both got very good sites and I do visit them as well. The point is, WE ALL need to support the P2P sites and unite.
Stop the child like bickering and wake up to the fact that big lables and corporate greed must stop. They caused the beginning of P2P networks and are doing EVERYTHING they can to stop/control them.
I’m sure everyone has a good reason to be a member of their choise torrent site. I can respect this. I just wish you could all see the big picture. Corporate greed against the world.
They cry, they scream, they sue, they use dirty ways, and all for what?……just to rip more of your hard earned $ from yor hands.
They just want YOU to pay for their million $ bonus, limo’s and a way of life we could only dream of.
If they got the prices of their crap down to a reasonable price, and IF they did start to HELP the artists they scam, then piracy would drop to a small percent.
Get a grip people, and STOP being sucked in to fighting the wrong fight. We need to fight GREED,……NOT EACH OTHER.

46 Mar 17, 2009 at 18:21 by Stat_jack

Mininova Is the best ever torrent site

47 Mar 17, 2009 at 21:08 by Toost Inc.

-WHO CARES and let google.com die also loool :PPPPPPP

Have fun using Yahoo!

Also seriously guys, you’re acting like you JUST found out there was MONEY in this piracy business!!11!!1oneone
What else did you thin those flashy ads were? And now you’re all OMG they make moeny?? I feel so DIRTY!!
Have fun spreading your torrents without Mininova or TPB…

48 Mar 17, 2009 at 22:05 by pirateprideWW

Who cares if they’re making money? They’re providing a very valuable service. And uhm, let’s not forget – not everything on there is copyrighted guys. Not to mention that the supposed illegality of sharing copyrighted files is not firmly established in every nation of the world. Etc., etc.

Personally, if they are making money, I’m glad. It just spits in the face of the MAFIAA even more.

49 Mar 17, 2009 at 22:56 by anon

is this going to be another #spectrial like TPB trial?
Mininova even offers MAFIAA a option to remove the torrents but the industry still goes after them.
Oh well, another comedy act were we all can watch industry to make fools out of themselves, shuld be fun to watch

Also like i see all the MAFIAA paid trolls (sup NubCakes) are already here speculading things like they always do. When will you guys ever learn, you silly silly trolls -_-

50 Mar 17, 2009 at 23:34 by Leishtek

if they are forced to track, then another tracker will come along to take their place. Besides, (Xenosaga’s Shion says this often LOL), the forums are actually just as good/better than the tracker. I learn so much by using it. MN rocks, one way or another. tEh p1r4c13s sh411 n0t b3 d3f34t3d, H011yw00D.

51 Mar 18, 2009 at 13:47 by Mr No

First torrents, what’s next usenet?

52 Mar 19, 2009 at 01:24 by Jeff

Said by #50 anon:

“MAFIAA paid trolls”

I prefer to call them MAFIAAtards.

Seriously, don’t you morons have anything more original to say, or is parroting MAFIAA propaganda all you are capable of doing?

53 Mar 19, 2009 at 02:24 by Freak

Mininova is not obligated to filter torrent just like google. Hell everyone can find torrents using google even copyrighted images and movies without torrent.

54 Mar 19, 2009 at 17:47 by Gpost

Love you Mininova!! Keep fighting!

55 Mar 20, 2009 at 09:08 by PeshoBG

Why is everyone pissed that these sites are making money? Those ads give them the resources to fight these cases and give them a better shot to avoid being trampled by the anti-piracy groups. I hate ads as much as anybody, but if I have to get hit with a few ads so I can keep getting my music and movies, then I can deal with it. Good luck to Mininova.

56 Mar 20, 2009 at 14:30 by Anonymous

thanks

57 Mar 20, 2009 at 15:42 by erci

tnx for all excellent

58 Mar 20, 2009 at 16:23 by anupam singh gautam

we love you dear !

59 Mar 20, 2009 at 17:30 by dennis

wats the bloody use??share ur belongings with others,thats wat elders say:):):)so ppl v r with u,hail torrent sites

60 Mar 20, 2009 at 18:08 by iLly

Fuck you guys. Mininova and iTunes Store is where I get my music.

61 Mar 20, 2009 at 21:09 by Concerned...

Good luck Mininova. We are all with you.

-=:INFORMATION WANTS TO BE FREE:=-

62 Mar 20, 2009 at 22:40 by seao111

They do have a tracker btw:

http://tracker.prq.to/announce

63 Mar 20, 2009 at 23:34 by Santiago T. Breillatt

I am a new user of Bittirent and Mininova and I just love it. I hope that the court rule in your favor

64 Mar 20, 2009 at 23:59 by Cass`

Gosh! I hope you guys win this case, you have helped me alot, thanks and good luck!!

65 Mar 20, 2009 at 23:59 by Tobotron

There are some stupid comments on this thread, all of you use Mininova at some point and some sites are always going to be more popular than others so don’t wish their downfall…P2P is a type of communism its freedom of information sharing so don’t blab on about that either…P2P educates its users about the world though the spread of media legal or not, its essential to keep it alive! Keep the public awareness alive…killing piracy is never gonna happen it’s one of the most resilient and oldest of pastimes. But contribute…

66 Mar 21, 2009 at 00:16 by jolly pirate

> quote by “lamers suk”
>
>“To all you lamers out there that believe TPB doesn?t make any money, go back to the cool dark cave that you crawled out of. That whole trial was nothing but a bunch of lies and they should all go to jail for contempt of court. If you think all of those ads on TPB are just pretty site decoration and not for monitary gain, your an idiot.
>
> Net Worth : $22.94 Million Last updated Today
> Daily Pageview : 10476190
> Daily Ads Revenue : $31431.22

> http://www.websiteoutlook.com/www.thepiratebay.o r g

I just ran that silly no-brainer estimator on my own site, and it outputted a twenty-fold higher value than what I actually get. I wouldn’t trust that figure AT ALL! It’s just a simple rigid constant multiplied by the number of pageviews.

67 Mar 21, 2009 at 00:22 by jolly pirate

Their ad revenue could, quite possibly, be all eaten up by their maintenance costs. However I doubt it, since offshore bank accounts seem to be involved. So I guess they probably earn about 1/20 of what was posted above, and then about half of that goes to maintenance, the rest to their treasury. That would land on $785 pure profit per day. Now divide by three people. Still quite profitable – about how much a regular job pays actually.

68 Mar 21, 2009 at 17:00 by ff7scloud

I hope they win. Ypu could always get them with invasion of privacy. I like the featured torrent place. I distribute my show there. Best of luck against the enemy.

69 Mar 21, 2009 at 23:31 by Anonymous

If TPB wins their trial, Mininova should just move their operations to Sweden, less hassle and cheaper than to fight the legal battle.

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