OiNK Uploaders Charged with Copyright Infringement
Written by Ernesto on September 10, 2008Today, after almost a year, the OiNK investigation came to an end. Earlier today we reported that OiNK administrator Alan Ellis was charged with “conspiracy to defraud”. Now, just hours later the alleged uploaders are charged with copyright infringement for uploading one CD.
This May, five men and one woman were arrested for sharing music on OiNK. The suspects were taken in for questioning, and required to provide DNA samples and fingerprints.
Two months later, two of the six alleged uploaders were released from further investigation, but (at least) two of the remaining four have been charged today. The alleged uploaders were charged with copyright infringement for uploading one CD. The “conspiracy to defraud” accusations vanished, as they were not mentioned.
The case(s) will be heard in two weeks at a Magistrates Court, after which there is a possibility that it will be passed onto a Crown court. TorrentFreak had the chance to talk to one of the charged uploaders. “I think it’s a sledgehammer to crack a walnut,” he said. The alleged uploader is convinced that he is being used to set an example.
It is indeed strange that thousands of UK residents get off with a friendly warning letter from their ISP, while the four OiNK uploaders are being charged for doing exactly the same thing. The fact that it is only one CD makes the case even more bizarre.
OiNK was one of the largest private BitTorrent trackers, hosting hundreds and thousands of torrents. The site was shut down in a joint effort by Dutch and British law enforcement in October 2007, based on intel from the IFPI and the BPI, two well known anti-piracy organizations.
The police have yet to release an official statement, so more details about the charges may come available in the coming days. Until then, the BPI told us they can not comment on the case.
Early report, more information might be added
Previously: OiNK Admin Charged With Conspiracy to Defraud
Next: Pioneer’s Live Bittorrent Streaming Device
96 Responses
Daft as ever, I hope they have good legal help
Isn’t RachelFaith a lawyer?
:wink: :wink:
This really sucks.
Really strange how the “conspiracy to defraud” was taken out, guess they figured it was too outrageous even for them.
Bastards, all of them, hope they rot in hell.
As to the poor people who are being made an example of, our prayers are with you guys, be strong. It may seem all dark now, but life has a way of evening things out… maybe while you are safe behind bars a truck will run over those corrupt bitches… heres hoping anyway.
http://www.eZee.se
This should serve as a warning that the authorities are logging IPs on private torrent sites. Anyone releasing — or even just downloading — leaked material needs to be careful.
Private torrent sites also store logs of users’ IP addresses – which can be used against them if this information ever falls into the wrong hands.
@3
agree
I think I have a protest idea which even an individual can do. Leave tons of copyrighted material in hard copy in 10-15 random conspicuous places, something that the RIAA, Microsoft, or other entities are especially prone to sue for.
Since when was copyright infringement a criminal offense which required police involvement. There should be an investigation in this; and furthermore to determine if the police abused their powers.
@6
Apparently, they were pre-release uploaders. Still absurd for this to happen, though.
Roze
If they were pre-releases, who was the industry insider who provided them? How about a story on how the RIAA is cracking down on insider leaks? Oh, that’s right, they’d rather cannibalize their own revenue stream.
(except I forgot, suing people IS a revenue stream)
@8
Yep, they never do so. They never even try going after the insiders. Perhaps because they are their “friends” or something – as is the case with most cases.
Roze
glad i never uploaded anything.
@10
Why are you letting this chill you? Are you willing to submit to an unjust law? Those who don’t resist an evil law are accepting it; they are as bad as the law itself.
Roze
How could DNA even be applicable in this case?
One CD?
Who ever said The Man was rational? Or just? Or smrt.
Why the DNA? For this crime? I don’t see blood or semen, here.
That is teh ghey.
We DNA as standard over here now, just like we take ya finger prints, DNA.
U think that this stop`s at Adults ?! No Fukkin way ! This is the UK, the DATABASE state. We are going to have ID cards soon, our Kids are due to be on a database, Our doctors, yep, DATABASE…
If u get arrested & not guilty, u`d think that they`d REMOVE ya DNA ? Hahahaha no fukkin chance !
Oh to top it off, IF you are a Polotician you are EXEMPT !! WTF !!
Welcome to 1984 / zeitgeistmovie
Nu Labour Ki$$ My a$$
Anyone arrested in the UK for any alleged crime must submit a sample of DNA. If you are cleared of any wrong doing the sample is supposed to be destroyd, however in light of recent news this appears not to be the case with the gov keeping these DNA samples on record.
If you als me, which no one did, the UK governments wants to collect a Sample of DNA for every person in the UK. As the great majority of people will not commit any type of crime, another way needs to be foun to collect this data for normal people. So.. they now want to introduce biometric ID cards which will be a legal requirement to carry on your person at all times, and of course for those, you need to submit a sample of DNA which will be kept on record forever.
Sorry for the off topic.
The solution is civil disobedience… all you share a lot more than before; and don’t use private trackers, because the material remains stuck there.
Spreading the material to the entire internet, like protest. Take all of your RIAA albums, make torrents and share… and obviously, if you live in a shit country like USA, don’t forget to hide your IP and using encrypted connections (tunnels).
I didn’t think it was possible for me to want to buy their music and movies any less than before. I now know it is possible.
I will want to download their music and movies even less the more they do this.
@17
Civil disobedience can work only if it is publicly perceivable. The purpose of civil disobedience is, in part, not only to disobey, but to SHOW OTHERS that one is disobeying.
Thus, I advocate not merely sharing more, but rather taking hard copies of CDs and dropping them in the streets in random places.
Roze
“Thus, I advocate not merely sharing more, but rather taking hard copies of CDs and dropping them in the streets in random places.”
That’s a good idea. People would appreciate a random stranger giving them something for free – of course this happens every day on bittorrent, but it is more personal when it happens in real life, even without contact with the person.
Man, a lot of good news coming down the track recently. My cynicism is beginning to wane in the face of all this progress. I can only hope the courts sentence these ant-art scumbags to long jail terms with hefty fines that they’ll have to repay once they finally get out…
maybe it will these anti-social nerds realize that stealing is stealing, no matter how much pseudo intellectual philosophizing they try to muddy the waters with.
@21
Comments like these are exactly what are going to be collected by my APSTDT which you can see below.
Roze
@21
Hey ASSHOLE,
Sharing is not stealing.
Stealing is that the RIAA (the real scumbags) do in a daily basis: living as parasites from the hard work and talent of the artists, and paying to these artists only 7% to 14% from the sale of each album, the rest of the profits (around 86% to 93%) is stolen by the RIAA.
The RIAA are the real thieves and pirates in this whole circus… Middlemen without any talent, living of stealing and exploiting to the artists.
if anything theres only one thing to learn from all this, STAY AWAY FROM WAFFLES.AM AND WHAT.CD private communities are a trap.
@ 21 – Anonymous
“anti-social nerds” strong words for someone who goes to a site like this to condemn and ridicule. In effect your fitting your own label.
I’ll admit there are many pirates who don’t appreciate the work done by artists and film makers, but that’s there only crime. The stealing is ultimately done by the companys who set up anti-pirate outfits. Hefty fines, for what?
If there was an unlimited supply of gold, what would it’s value you be? about as much as it takes to produce it. Why should 80 minutes of recordings be considered so valuable? espically when sponsorship could easily pay for the producton costs.
@25
That’s right, I mean, do we really have to appreciate every work we come across? Some works are just utterly crap (even if subjectively) and who would ever want to pay for such a thing? Perhaps some people just don’t really appreciate the works in general, but that’s a whole other problem, if you could call it a problem (because really, people have a right not to give a crap about culture if they really wish so, even though I don’t really think highly of such people).
@17
I like that idea.. How about we all start doing just that? I’m going to do this myself actually starting today.
@27
You got the idea. :)
The intention with this idea (post 17) is to do in a massive scale all the RIAA catalog available on the internet, as material of public domain; and keeping it active and alive all the time.
When this will happen, the people will realize that there exist a lot better and efficient distribution medium for digital content than the RIAA, and also, the people will realize that the RIAA is useless, and that with the internet is not necessary any disc label anymore for the creation and distribution of new music.
Any music band (or independents musicians) will realize that with a good website and using BitTorrent protocol as method of distribution and advertising is more than sufficient… Very cheap solution, and all of the profits are for the band, who really did the music.
Also, the RIAA without power will not be able for bribing more governments nor policies.
@28
What about distributing it in real-life, like dropping it in random places in the streets? I think that when it is more noticeable, people will notice it more.
Roze
up in canada
the cbc show the hour already had that idea
make a mixed music cd and just leave it on park benches and other areas
if millions did this no matter where we go there would be free music
@30
Perhaps it would have additional impact if, on the cover of each of those CDs, it said “Down with the RIAA!”
Roze
We must all leave copies of the SAME CD lying around. Now, which shall it be?
@32
Something that the RIAA has recently sued for, or threatened for, of course.
Roze
Anti-P2P can just go rot in hell!
@34
Well, unfortunately, there is a lot of Anti-P2P in this world, as is evidenced by the quotes I have collected on my APSTDT.
Roze
Perhaps it would be best if a song of Metallica were to be left on the streets, only with the lyrics changed so that it said “Down with the RIAA” instead.
Roze
oh look at all the affected che quevara wannabes trying to start a revolution (lol) for the betterment of stingy, socially-retarded, socialist retards everywhere. the same sad demographic that would rather spend their money on mountain dew and microwaveable food than actually support their favorite artists…
isn’t it cute? isn’t just adorable? doesn’t it just take you back to the days when you were a stupid kid and thought you knew everything and weren’t afraid to let everyone know?
hmm so any idea? just a mix cd? any idea on what kind of music? i may go put like 300 cd’s through my city… around the campus maybe??
If they can succeed in prosecuting him for uploading a single CD, that will set the precedent, and it will be much easier to charge people in the future for multiple uploads. This may be what the DA is thinking.
@37
I, for one, think it is best to start around the campus. And perhaps a mix-CD, with at least some songs that the RIAA have the rights to. The rationale is that other people in the university might notice it, and it is a more effective protest against the RIAA if it includes some RIAA songs.
Roze
my response is “awaiting moderation”?
your vagina is showing, torrent freak.
I am worried that these people will be found guilty of some offence just because the do not have good lawyers.
I am closely related to one of the 4 uploaders who were charged with copyright infringement yesterday. In his case, the fact that the one cd which he uploaded was pre-release was down to the online retailer he bought the cd from. Normally, a pre-ordered CD arrives on the day of release, but in this case, for whatever reason, it arrived two days early. He then uploaded it to Oink on the same day. We now face the prospect of him having a criminal conviction, which will significantly affect him for many years to come (he is in his late teens) in all sorts of ways e.g, travel to the US, job applications, financial credit.I am concerned that pressure will be put upon him to plead guilty at the Magistrates court because of the cost of going to Crown Court!
You may feel that this doesn’t affect you in any way, but once a dangerous precedent has been set, it is very difficult to reverse it. ALL TORRENT USERS would potentially be affected. We would like to hear your infrmed comments ASAP
I really like the idea of leaving music cd’s everywhere. We should all do this in protest. If enough of us do this, it would be a great way to protest. I’m burning some cd’s now. Hell, they’re so cheap now days. Come on peeps, lets all do this. We should all get together on this.
With this leaving cd’s idea. Is anyone good at creating a nice little pdf we can all print out as a label/cover? You could write a reason about why this is being done, and to encourage others to do the same to send a clear message that sharing is caring. Some kind of campaign needs to be setup for this.
100 pack of cds = $30
100 disk lables = $20
Protesting the RIAA = Pricless
ill start making copies right now
@44 I agree, this is an awesome way to protest. I’m making some too. Will leave them at any and every public location I can.
i want to know what that one cd was.
if i find that out, i’ll probably go apeshit on a cat.
HEY EVERYONE…
I really would not worry about the DNA samples that were taken from the ‘accused’…
The samples would have been carefully examined by the Police scientists and taken to a secure storage facility where the UK government will promptly lose the data!
And as for the millions being spent taking this to court… now we find out it’s all about ONE STINKIN’ ALBUM?
If I offer to pay the music industry the cost of the single album (about £20 should cover it), can we PLEASE have the millions back and invest it in our schools, hospitals, elderly, etc? After all, IT’S FLOOD SEASON OVER HERE!
* GLUB *
http://www.theregister.co.uk/2008/09/11/oink_charges/
This says that 5 OiNK uploaders have been charged…
Now – I’m a monolithic uploader, don’t get me wrong, but…
A part of me is saying ‘YEAH. GOOD. They got caught!’ whilst my other side is telling me to scout out VPNs, head for the hills, stop uploading…
But nothing feels sorry for these people. It’s strange, because being in their situation I’d want people to feel sorry for me…
This is a sad day for uploaders and people need to realise what the risks are when doing so, however slim they actually are… but my thoughts are with you on this one guys, please note that the system does need to be changed, it needs to be added to the digital age where people care about sharing, not just super fast speeds!
With internet revolution (in my eyes cable but Virgin Media are screwing this up in the UK) what do people think are is going to happen, people are going to start sharing larger files because they can! Even if this is a legal system like the BBC iPlayer, 4 On Demand, or downloading Linux ISOs through BitTorrent. Where does the ISP start realising they need to put money into improving the system, or get fibre optics to everywhere ASAP!
MeH…
Mayhem excites Hell
The quick fix would be to start terrorizing anyone involved with the RIAA/MPAA. Im talking about Molotov cocktails through the windows and such, leaving notes saying they need to stop or more people will be subject to mayhem.
Just watch those rod stroking fags run and hide.
Government wont stop them.. someone has to.
look BEYOND the obvious, guys! The RIAA knows we’re not just pirating music and movies, we’re molesting and raping it! So, if we dust for prints and dna, we’ll find the dirty lil bastards who are harming these poor protected formats!!
…I nearly pissed myself writing this… but in reality, i think it does symbolize an abuse in power. Today marks the 7th anniversary of a more realistic problem: terrorism… and yet, it seems more effort, money, and resources get pumped into media than fighting any *real* terrorist, like what goes on in africa by the daily or all the genocidial maniacs in the world…
Trent Reznor openly admits being a member of Oink, yet not arrested. Must be the pre-release material. I wonder what would happen if Reznor had uploaded his albums before they were released. Would the anti-pirates arrest him for doing that?
Excuse me anti-pirates, but death is knocking at your doors and he wants to touch all of you for beibg greedy feces.
@4
“This should serve as a warning that the authorities are logging IPs on private torrent sites. Anyone releasing — or even just downloading — leaked material needs to be careful.
Private torrent sites also store logs of users’ IP addresses – which can be used against them if this information ever falls into the wrong hands.”
This is very wrong.
Some private trackers saves very little information. Not even ip’s!
Sites such as waffles.fm!
They have learned by everything other sites has done wrong!
The thing is, the more they try to shut people down, the stronger it gets, the more “holes” they find, the more “holes” “we” find…
Of course, you always got assholes trying to keep record of your IP’s, but what is the proof of these guys worth? Anyone can say, oh I found THIS IP on THAT site, THEN and THEN, SEEDING THAT or THAT! :\ Anyone can say this, but it needs someone with authority, like the police for this to be real proofs!
As for putting CDs on the streets or in other places, I think it would be best if the label on it had something to the effect of “Down with the RIAA!” I mean, if somebody finds, it, and picks it up, then they won’t know what’s the message unless it said something like “Down with the RIAA!” on the CD cover or something.
Roze
In regards to dropping CDs in the streets or campuses or other places, I think that it would be best to have a cover on it that said something to the effect of “Down with the RIAA” because people will know the point of the CDs if and when they find it if it had a label saying exactly that, rather than having them wonder about why a CD was placed there.
“Down with the RIAA” as cover of the CDs is a good idea… but also, and very important is to put on the CDs detailed information about of the corruption and lies of the RIAA about filesharing. This is very important to point out that the devil is the RIAA and not filesharing.
The info on the CDs will explain in detail that the RIAA is one parasite organization that live of stealing and exploiting the hard work and talent of the artists, paying to the artists only 7% to 14% from the sale of each album, and that the RIAA have made its big fortune stolen from the artists in these last 40 years (maybe more), in other words, explaining in the info that the real thieves and pirates are the RIAA and not the filesharers.
I do hope that the pirates get the MAX jail sentence, and the MAX fine.Let this be a lesson to all those who break the law. Pirate = Scumbag. I for one buy all my music from Walmart and my movies from bestbuy. And all my software is pre paid at the appropriate site. I will follow these crimes as my intention are to help spread the word that DOWNLOADING IS ILLEGAL and people will be PUNISHED. I beg you all to uninstall your torrent clients and get right with the LAW.
oook Concerned. You keep wasting your money on things that can be copyed for free.
Stealing is taking an object AWAY.
Copying is duplicating an object.
In our case, copying has virtually no cost.
If you could copy diamonds, they would be worth nothing.
Am I the only one wondering what THE cd was?
Another solution would be if people stopped buying new CDs and bought them at used record shops and ebay instead. From there you can distribute the as many as you want to friends and acquantances. If the RIAA stopped making money because they started chasing downloaders then there’s a chance they would give up if allowing torrents and other downloads to continue were simply the more profitable of the two scenarios. I think a lot of people do abuse the whole piracy thing but my suspicion over the years has been that the RIAA has been losing money because most of what is distriubuted by them is bullshit to begin with.
Everybody buy from independents that don’t terrorize people for downloading there stuff (even if the reality is that they don’t love the fact that people download their stuff) and fuck the RIAA!
EVERYBODY START UPLOADING THEY CANT PUT US ALL IN JAIL .
share SOMETHING TODAY.
MILLIONS CANT BE WRONG ….
AND YES CONCERNED IS AN ASSHOLE,
support a musician that dont sue if you can afford it.
and remeber the mpaa drive what kind of cars?
who are they , where do they live.
then pick up that box a kraft dinner and ask yourself wtf ius wrong with that picture.
Power corrupts.
Absolute power corrupts absolutely.
Amazing. Belgium! Eu tu Bruti?
@60
Didn’t you understand, IMBECILE?
Sharing is not illegal.
Downloading is not illegal.
ILLEGAL is that the RIAA on a daily basis does: LIVING of STEALING and EXPLOITING the hard work from the artists, paying to the artists only 7% to 14% from the sale of each album…
Or perhaps, can you deny these REAL FACTS?
I repeat that I said in my post 17:
“The solution is civil disobedience… all you share a lot more than before; and don’t use private trackers, because the material remains stuck there.
Spreading the material to the entire internet, like protest. Take all of your RIAA albums, make torrents and share… and obviously, if you live in a shit country like USA, don’t forget to hide your IP and using encrypted connections (tunnels).”
@yannee
I like your close relative am involved in this, the CD I uploaded was actually downloaded from Oink and was not a leaked copy, it was a retail CD the guy/gal got early, they uploaded, I downloaded and I converted to a different format and uploaded that.
I too face the same worries your relative does, while I am older it will still be a stain on my life for the rest of it, it will effect getting any kind of insurance (home, car, travel), travelling to the US and abroad, possibly my job and future employment prospects.
For “one” CD it seems like the penalty is going to be very, very harsh, and that’s before the courts pass any real punishment yet. I have never been in trouble with the law.
I assume I will be advised to plead guilty, which means a criminal conviction for the rest of my life, regardless of that the Rehabilitation of Offenders legislation says, its been in the media time and time again that once you have a criminal conviction is on you for life, it never goes away.
I dare not put my email up here but if you get in touch with Enersto (or anyone at Torrentfreak) I will be happy to discuss things with you or your relative as someone in the same boat and going through the same wrenching issues.
Those who continue to undemine
The justice system for their little greedy deed are going to get it sooner rather than latter.
With no credible justice it become the law of the strongest and frankly keeping on pulling the tail of a tiger is really foolish.
“I have never been in trouble with the law.”
Don’t worry about that because these copyright extremists are fucking up the law. Once the law is fucked they will be no law and guess who is going to go down?
THEM!
Civil disobedience is definitely the best answer. Do you people realize that such measures like not buying from them anymore are not enough? They will keep on pushing and pushing with their anti-piracy agenda. What will really stop them is not people stopping to support them, but rather people rising up against them.
Thus I advocate dropping CDs in random places that are very visible.
Fuck this bullshit
Im gonna go download some Metalica now.
#65 it’s not the MPAAs fault that you’re a poor piece of shit that can’t afford anything but kraft mac n cheese for dinner. maybe instead of begrudging other people’s well deserved success you could get up out of your parents basement and actually try to be of some value to society?
god you socialist nerds sure do love to wave your pirate flag high.
people just aint no good. see above for examples.
OMG dude this is absurd. Dont these stupid people have anything better to do? is there no more REAL crime to contend with? Obviously not.
Jiff
http://www.privacy.cz.tc
@Roze I agree with your ideas. Sharing is not stealing and it need not be limited to P2P. You can purchase some cheap blank CDs and share your hard copies by dropping them about town. You can even write a note on the CD itself, saying ‘Please make 1 copy and pass it on!’
IMHO torrent trackers should change the wrong practice of blocking IPs belonging to the exit nodes of various anonymous networks, like JAP or Tor or I2P…
Currently majority of tracker operators ban uploads from anonymous networks, thus unwillingly supporting lawsuits against their uploaders.
FREE the OiNK FOUR!
@oink user,
thx for sharing some background.
can u reveal what evidence the cops have against u? did they track ur ip as u upped, or search the logs after oink was busted and pick u out?
Ummm… isn’t the whole point that the site WASN’T “hosting hundreds and thousands of torrents”, it was just tracking them?
DNA for a case that should be a civil matter? I’m lost
I use to be a member of this service and use to upload all the time. I wonder if I will be targeted as well.
hopefully you will. man up and plead guilty if the time comes. if you’re honest about your thieving ways, maybe the judge will be lenient…
@ 84
DUDE!!!!!!!! how much is Hollywood paying you trolls to act childish and stupid
speaking of stupid, i hope that’s not your real name…
LMFAO!!!
Shame on you OiNK you damn n00b you got pwned.
feedthe.net ownz j00 lamer.
This is a very sad day. It is a pity they and uploaders now don’t use anonymous BT like http://www.kerjodando.com as this would have protected their identity. I think they are very unlucky but I for one upload incognito using a java based client.
Oh this is so sad (in a pity way.)
Mite have to wear my Oink Hoody tonight to the pub to show my support =-)
He won’t have money for a good legal team because as soon as he was arrested they would have slapped a Proceeds Of Crime Order on him instantly freezing all assets.
I think the standard POCA’s give the victim £125 per week to live on and that is money for bills as well. Spend more and your in contempt of court and go to prison.
The strategy is they don’t charge you for a long time (bailed 3 times wasn’t he?) but during that time you are starved of funds due to the POCA order. The problem is that because you haven’t been charged you do not get legal aid automatically, it is very difficult to get.
This piece of shit of roten cops and magistrats, do they really believe that they are going to get away with this?
What a pack of foolish idiots!
media in the english community hence thats all they really worried about uk /us/au/ what about the rest of the world hell they commit 10 fold the copyright fraud the the “engish” speaking world ever dream of just more general bs like any gives a chit LOL!
The uk need a ban on them smelly fishy old druck farts who still think the nazi and the cccp are going too bomb them LOL
[quote=stuffies]LMFAO!!!
Shame on you OiNK you damn n00b you got pwned.
feedthe.net ownz j00 lamer.
[/quote]
ahh, good old FTN, I prefer ScT myself. either way, OiNK was not a noob … he revolutionized torrent sites dedicated to music (quality releases only)
Poor saps. Good thing BBB from What isn’t one of them. He has 9,000 uploads there!
People probably ended up buying more albums because of the top uploaders. I know that I either download: FLACs of CDs I have owned/own, similar bands as a sample, or just the random torrent to help out the newbie who got into ratio trouble. Have bought CDs because of new music I find.
Sue me over that, RIAA and related associates.
- TheGoose31
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