Open Letter From TorrentFreak To Brein

Written by Ernesto on November 25, 2007 

The infamous anti-piracy watchdog BREIN infringed our copyright earlier this week as they used a quote from one of our articles without attribution. As a follow up to our previous article, we wrote an open letter to BREIN to educate the public about their lack of respect for the rights of people who don’t pay them millions.

Here’s what the MPAA has to say about what Brein did: “Piracy is the unauthorized taking, copying or use of copyrighted materials without permission. It is no different from stealing another person’s shoes or stereo, except sometimes it can be a lot more damaging.”

One of our counsels has put together an open letter to BREIN to show how hypocritical they are. They don’t care about copyright, they care about money and blame pirates for the inability of their clients to adapt their business models to technological change.

Letter:

Dear Mr Kuik

Being vociferous exponents of the fight against copyright infringement, your organization is expected to uphold the highest possible standards where the misuse of other people’s intellectual property is concerned.

It has been brought to my attention that your organization has reproduced text from an article published by this website concerning the website SumoTorrent, without prior written consent1 and without complying with the copyright terms applicable to this publication, TorrentFreak2.

Specifically, your organization has selectively and misleadingly quoted from our publication without properly attributing the source, in contravention of the Creative Commons license3 under which this text was published. This is a contemptible infringement of our own intellectual property rights, illustrative of a gross lack of professionalism on your part.

Furthermore, you have mischievously and inaccurately attributed the source of the material stolen from ourselves as being “a pirate weblog”. This amounts to actionable libel, inasmuch that neither the owners nor the staff of this publication , a well respected and widely read source of filesharing news - have ever been accused, suspected or prosecuted, for any so-called act of piracy. We are neither sailors nor thieves of other people’s intellectual property, unlike yourselves.

Your “news release” is peppered with inaccurate information, calculated to mislead and intimidate the millions of legitimate users of the many peer-to-peer filesharing services that are in common use throughout the world. Much of the material that is shared by sites targeted by yourselves such as SumoTorrent is open source, copyright has never been asserted or it is in the public domain. To presume otherwise is to add arrogance to the ignorance your organization has already exhibited.

There is, and there can never be, any legitimacy attached to your harassment5 of those who merely assist in finding the location of such copyright free material. The indiscriminate prevention of people’s enjoyment of their own property, in this case their own computers, is in direct contravention of the European Convention on Human Rights4.

Having learned that you have falsely claimed that a District Court judgment in June 2007 against a specific defendant amounted to some sort of precedent, justifying your demand that others breach data protection principles5 & 6, my expectations of your professionalism are not high.

Whilst I harbor no illusions that you will have the grace to apologize for your unwarranted breach of my own rights in these matters, this letter will serve to educate others and make public your abuse of process, your contempt for the rights of others and your outright hypocrisy.

Sincerely

TorrentFreak Counsel
legal@torrentfreak.com

References:

1: http://www.anti-piracy.nl/nieuws/bericht.asp?nieuwsberichtid=98
2: http://torrentfreak.com/brein-pirates-torrentfreak-071119/
3: http://creativecommons.org/licenses/by-sa/2.0/
4: http://en.wikipedia.org/wiki/European_Convention_on_Human_Rights
Article 1: Obligation to respect Human Rights
Article 7: No punishment without law
Protocol 1: Rights to enjoyment of property
5: Letter from LeaseWeb describing illegal pressure from BREIN
6: EC Directive 95/46

End

We never seriously considered taking any legal action, we were simply mirroring the behavior of these anti-piracy organizations. The main difference is that we aren’t malicious and we pride ourselves on never threatening people.

Previously: The Pirate Bay Cancels OiNK Replacement

Next: QuebecTorrent Lawsuit: Backdoor to Banning All Canadian BitTorrent Sites?

130 Responses

1 Nov 25, 2007 at 14:11 by Black

Cool stuff!

2 Nov 25, 2007 at 14:27 by Damn

They will never answer this letter :D

They are too stupid to understand it’s contents.

3 Nov 25, 2007 at 14:34 by Anonymous

“illustrative of a gross lack of professionalism on your part”
Isn’t any malice hidden in your actions? Any desire to morally confuse or bother others? Furthermore, calling them “thieves” isn’t representative of their general actions, and in my mind isn’t more ethically advanced than piratebay’s legal section.

By the way I liked the first paragraph of the letter.
Peace out.

4 Nov 25, 2007 at 14:34 by Zoft

Well written! :)

5 Nov 25, 2007 at 14:46 by monster_mack

Good job haha!

From what I understand, organisations like BREIN and MPAA and others like them have a very limited knowledge of technology and a very big amount of ignorance.

I apllaud your efforts to make these b….rds blunders known to public, and I really hope all these people one day wake up and get beaten up haha!

6 Nov 25, 2007 at 14:54 by nice

Good job :)

7 Nov 25, 2007 at 15:06 by Zera

Hope they try and respond, lawl, -insert foot in mouth-

8 Nov 25, 2007 at 15:27 by mhhh

pwned

9 Nov 25, 2007 at 15:34 by BB

Come on sue their ass!

10 Nov 25, 2007 at 15:47 by Reb

Attention whore. You are just as stupid as BREIN when you lower to their methods of whining.

11 Nov 25, 2007 at 15:56 by Tom Baker

Nicely typed! I applaud all of you fine chaps here on TorrentFreak. What a great demonstration of intellectual strength from the TorrentFreak Counsel! Now if we could somehow make ‘BREIN’ understand at least half the letter they may finally clean the wax out of their ears and listen to reason if that’s even possible. Cheers! Back to me yummy jellybabies!

12 Nov 25, 2007 at 16:05 by Joystick Hard

MPAA and other “anti piracy gang” just care about money, fucking bitch (gay) in the ass and take drugs! You can’t educate all these retarded!

13 Nov 25, 2007 at 16:18 by bongwizard

I agree with Reb (#10). sure you’ve got a decent vocabulary, but this letter is just stepping down to the level of BREIN. You claim to be fighting against unjust claims of copyright infringement, but here you are, doing exactly what BREIN and the MPAA have been doing. Yes, BREIN are hypocrits… but so are you! You should all grow up, n00bs!

14 Nov 25, 2007 at 16:22 by Isaac

Very nice letter!
Unfortunately, I doubt that, like the TorrentFreak, they post letters that they receive for their visitors’ viewing. They’ll probably hide the letter under the rug and hope no one finds it…

15 Nov 25, 2007 at 16:25 by Trinity

Nice letter. I think after the first paragraph the evil folks at BREIN might have had internal damage done to their primitive brains. I could see it now ambulances heading to the company rushing BREIN employees to a hopital’s brain surgery rooms. Some doctors will be working a bit of overtime soon. Start a new fundraiser BREIN. Having brain surgery empties your bank accounts in a blink of an eye.

16 Nov 25, 2007 at 16:30 by frob

pirated what? the lone english sentence in the second paragraph? such short works don’t fall under copyright law.

17 Nov 25, 2007 at 16:32 by Big Bird & Oscar the grouch

Great letter. The info is good enough to get an ‘A’ in a Harvard class, but I would strongly advise using a different tactic against any Anti-piracy groups. They sting us, we bite them back with deadly venom.

18 Nov 25, 2007 at 16:35 by r380Rn

“You should all grow up, n00bs?”

N00bs…seriously? Ok I think we know who really needs to grow up.

Good job TorrentFreak. I knew there would be no legal action involved because that would jjust be a waste of time. Yet, it was a great idea to make this public and to write this letter. Their hipocrisy was bound to be discovered sooner or later.

19 Nov 25, 2007 at 16:37 by x

impressive. i rather snorted when i first read the headline. i was wrong.

20 Nov 25, 2007 at 16:41 by bittrucker

Good idea about writing a letter, but it should have stayed as an idea. Not actually going through with it. Next time seek a second opinion (your loyal readers)about your next move. I’m sure your readers can come up with something more fierce and fun to counter BREIN’s pathetic actions. It’s good to see TorrentFreak has some people with intelligence.

21 Nov 25, 2007 at 16:44 by Anonymous

[quote comment="223510"]Attention whore. You are just as stupid as BREIN when you lower to their methods of whining.[/quote]

Sue sue sue sue!

22 Nov 25, 2007 at 16:48 by spycopy

THIS SIGHT ALSO POSTED LINKS AND POSTED STOLEN EMAIL MESSAGES-Hence all are breaking laws, behave and calm down kiddies.

23 Nov 25, 2007 at 16:48 by Al Koholic

I like the letter! Kudos to you TorrentFreak. But come on you need to do more than just a letter. Your just imitating them. I admit that was very low for BREIN to do a copy and paste action but, let’s hit them a little harder than just this letter. Hacking skills anyone?

24 Nov 25, 2007 at 16:50 by Allards

Could someone translate this letter in Dutch, it could be possible that (the ignorant) mr Kuik or one of his associates will not be able too fully understand this letter.
Yes we Dutch like to show up about our language skills but mostly it sucks . My experience is that many are be able to read and understand it still missing the main point.
Don’t take a risk emphasize it in Dutch…

25 Nov 25, 2007 at 16:54 by Legs with wide open canyon

Quite professional on TorrentFreaks’ behalf. Be more assertive with a touch of aggresion next time. Brein doesn’t deserve to be treated with classy respect.

26 Nov 25, 2007 at 17:10 by Cartman

TorrentFreaks are hella cool. Brein hella suks.

27 Nov 25, 2007 at 17:17 by Mauk

Don’t threaten them with legal action. Just sue their collective ass!

Threats involve “If you don’t do , we’ll do ”

Just drop a subpoena on the doorstep.

28 Nov 25, 2007 at 17:35 by Breno

Well written Ernesto !

These hypocrites from MPAA are getting what they deserve !

29 Nov 25, 2007 at 17:51 by system

So, time to ask again, did you in fact get full written permission to quote a translation of the interview on VG Nett?
http://torrentfreak.com/movie-director-uses-bittorrent-071123/

Unlike TF, they don’t place their work under CC, but under regular copyright protection.

As for the letter itself, what’s the point? At no point do you ask for a correction of their press release, an apology or cessation of the various things you accuse them of.
This is a very thinly disguised attack, with no need at all to involve legal council.

The letter accuses them of hypocrisy, theft of intellectual property, libel and even breaching european human rights laws.
You have not answered the question of permission from VG Nett to quote their interview, you seem to have ignored any comments on the original article about this that cast doubt on your ownership of the copyright on a single sentence uttered by someone who is not in fact you, and right to enjoyment of your property in no way whatsoever prevents filing of civil or criminal cases for copyright infringement. If I owned a gun, I would have no right to commit armed robbery simply as part of my “enjoyment” of my property.

BTW, I sure hope you gained permission from BREIN to publish the image in the original article, an image that contains text to which they would own the copyright.

Hypocrisy biscuits all round I guess.

30 Nov 25, 2007 at 17:54 by souljazz

i’m proud you guys!

31 Nov 25, 2007 at 17:58 by chris

Torrentfreak rules and unlike Brein . Yall took the high moral road. And am proud to be apart of this movement

32 Nov 25, 2007 at 18:04 by Jo Mo

if anyone stole my stereo i’d stab that fucker in the throat, male or female that fucker would get a parker pen trach job from me

33 Nov 25, 2007 at 18:05 by swe

lolz

34 Nov 25, 2007 at 18:17 by Cartman

[quote comment="223599"]if anyone stole my stereo i’d stab that fucker in the throat, male or female that fucker would get a parker pen trach job from me[/quote]
I would kick them in the nutz so hard their nutz would be cracked leaking semen and filling up their scrotem sack. No roshambo here. If its a female, I’d be like stop stealing my stereo and get your b_tch azz in the kitchen and make me some pie. Then I’d stab her in the carroted vein in her neck. Steal my stereo you better get ready to bake.

35 Nov 25, 2007 at 18:18 by WTF!?

The thesaurus exaggerated word replacement method used to make the letter to Brein appear formal/professional actually exemplified the writers lack of - creating a very weak and unnatural feel. Henceforth, I hereby advise you to refrain from attempting to glorify yourself with spineless, childlike, “I just stuck it to the man” letters until you develop a deeper voice and grow some hair on your nuts.

36 Nov 25, 2007 at 18:18 by Anonymous

we support your legal acts against people who abuse law to benefit from it.

37 Nov 25, 2007 at 18:23 by Puck

[quote comment="223599"]if anyone stole my stereo i’d stab that fucker in the throat, male or female that fucker would get a parker pen trach job from me[/quote]
Jo Mo wins. Flawless victory.

38 Nov 25, 2007 at 18:34 by Hon. Justice Maltravers

Like many of the *AA threats, your accusations are legally questionable. A Creative Commons license does not restrict fair use (US), or the right to quote (rest of the world).

Your cc-by-sa license only applies when the whole article (or a significant part thereof) has been used in another published work. As they were only quoting your article, they aren’t bound by any license — although still required to honor your copyright.

As previously pointed out, the BREIN not providing proper attribution may or may not be a violation of the Dutch citaatrecht. With a few precedents, you might have had an actual court case.

39 Nov 25, 2007 at 18:45 by FrankBannister

BREIN? The guy from Half-Life 2?

40 Nov 25, 2007 at 18:48 by Cartman

[quote comment="223630"]BREIN? The guy from Half-Life 2?[/quote]
No, no, no. This BREIN is much uglier with a scent of feces.

41 Nov 25, 2007 at 18:59 by spycopyspy

Its time to learn the difference between site, and sight there spycopy…..

site = location
sight = vision

Wooooaaaaahhhhhhh settle down there kitten….

42 Nov 25, 2007 at 19:02 by oink sucked

why dont you all whine about it?

43 Nov 25, 2007 at 19:03 by hello

who cares

44 Nov 25, 2007 at 19:06 by Renato

Sue them… and then donate the money to charity

=P

45 Nov 25, 2007 at 19:29 by Detorn

“There is, and there can never be, any legitimacy attached to your harassment.”

Lot of praise for a letter with such an obvious mistake.

46 Nov 25, 2007 at 19:38 by jixx

if you do not like BREIN,MPAA,RIAA,IFPI…well, the MAFIA…then stop financing them. Stop buying any sort of media (music,video,game) until those lobby groups run out of money. This is an achievable goal as most of those groups are getting lesser and lesser money each year anyways.
I will not purchase a singe product that finances sony,universal,bmg,warner or alike in 2008.
If you thought about quitting to smoke in 2008…maybe you can also quit buying stuff from the MAFIA.

47 Nov 25, 2007 at 19:44 by Sparrow

“We are neither sailors nor thieves”

Hahahahahahaha!

You tell ‘em guys! Keep up the good work!

48 Nov 25, 2007 at 19:53 by Scott

LOL — quoting Wikipedia as a credible source of information, referring to CC (which has almost no legal backing whatsoever) … what sort of letter is this? Come on, this is kind of juvenile actually. You do realize BREIN is just going to get this letter in the mail (did you mail it to them or just post it on torrentfreak??) and then put it in the shredder. What do you think you accomplish by doing this? Your time would be better spent working legally to change for the better the “failing business model” you guys always talk about around here.

49 Nov 25, 2007 at 20:00 by Joshua Walters

Rock on guys! Rock on!

You should have threatened legal action IMO.

Thats exactly what they do, if they arent going to show respect for you guys (or the community in general) why should you (or the community in general) show them respect.

I know you dont want to be like them, but slapping them for a few thousand couldnt hurt you guys, but it would seriously take down their reputation.

Who is going to take an Anti Piracy company seriously who infringes copy rights themself.

50 Nov 25, 2007 at 20:07 by chris mcc

“We never seriously considered taking any legal action, we were simply mirroring the behavior of these anti-piracy organizations. The main difference is that we aren’t malicious and we pride ourselves on never threatening people.”

Who are you guys anyway? Other than bloggers?

51 Nov 25, 2007 at 20:07 by guy

They don’t care now that you’ve admitted you’re not suing them. Way to screw the pooch. They’re not some lost kid who sees a good deed and then they’ll change in the end like Scrooge you idiots.

52 Nov 25, 2007 at 20:17 by Roel

This is ridicolous. Sorry. This letter is hypocrite.

53 Nov 25, 2007 at 20:20 by haha

Loud noises! Intellectual property rights! Trach stab jobs!

Oh, can I stop yelling now above all the voices?

Great letter. I enjoyed a piece of literature that sticks it to the man any day of the week….that’s what she said.

54 Nov 25, 2007 at 20:28 by Yeah

breiiinnnssssss !!!!

55 Nov 25, 2007 at 20:31 by Jefferson

The people at TorrentFreak would truly only be considered hypocrites if they took legal action. What they are trying to do in this situation is to show people how trivial taking legal action really is. Just because they wrote a letter to some anti-piracy dudes does NOT mean they are hypocrites. Think about it.

56 Nov 25, 2007 at 20:35 by Capt. Picard

[quote comment="223713"]The people at TorrentFreak would truly only be considered hypocrites if they took legal action. What they are trying to do in this situation is to show people how trivial taking legal action really is. Just because they wrote a letter to some anti-piracy dudes does NOT mean they are hypocrites. Think about it.[/quote]
Agreed.

57 Nov 25, 2007 at 21:01 by Giorgi

Why dont u demanded take down? :D

58 Nov 25, 2007 at 21:13 by Billco

BREIN will never “learn”, because it’s their job to be assholes. They are contracted by various organizations to do the dirty work.

Expecting BREIN to stop unjustly harassing P2P sites, is about as implausible as expecting the US Government to admit the war on Iraq/Iran was a fabrication. The truth is irrelevant if it gets in the way of the almighty buck. Money wins, every time.

59 Nov 25, 2007 at 21:19 by stephen

I foresee this article in the digg top 10

60 Nov 25, 2007 at 21:19 by Guido

BREIN staff should use this as a suicide note.

61 Nov 25, 2007 at 21:31 by brett

you should take their money lol

62 Nov 25, 2007 at 21:52 by Al

wow…vociferous! Im sure they are just laughing as they probably cant see the irony in what they did…words are wasted on greed!

63 Nov 25, 2007 at 21:59 by casey

i really hope they respond, lol…
and you post the response :OX

64 Nov 25, 2007 at 22:01 by aic

who cares. the scene hates you anyway TF

65 Nov 25, 2007 at 22:03 by Jack

Kudos…

66 Nov 25, 2007 at 22:12 by bob

sue the faggots for a couple hundred thousand dollars

67 Nov 25, 2007 at 22:24 by Moduliz0r

Awesome stuff!

68 Nov 25, 2007 at 22:40 by Common

“a pirate weblog” - actually, I find that you fit the title aptly. Even though one may not self-associate with a particular title, that doesn’t mean it’s not appropriate. It is.

69 Nov 25, 2007 at 23:00 by Mmmmm

And … are you gonna deliver this letter the “Kuik”-way and hand it over to him in person like he visited some “victims” ?

Otherwise i love to do that !

70 Nov 25, 2007 at 23:10 by Anonymous

PWN! That was ridiculously well written. I wish I was half as talented as all of the writters at torrentfreak. Good work!

71 Nov 25, 2007 at 23:11 by Anonymous

Even though it is usually a reliable source, I wouldn’t source Wikipedia because anyone could edit it, including them, and therefore untrustworthy.

72 Nov 25, 2007 at 23:17 by Krystal

I think it’s absolutely beautiful! Good thinking, guys.

73 Nov 26, 2007 at 00:10 by Gertnerbot

They are attacking you with STEALING property and all you can come back with is a mere attack on a quote that was used without written consent! Are you kidding me? Do you really think that this letter will do anything but be a joke at their office? Downloading music is a crime and you are offering the chance for people to download music, therefore, you are part of the problem. Artist’s work hard to produce their pieces and them some punk teenager or middle-aged ass living in his parents basement steals from them. I bet if you made a deal with them, they would stop harrassing you. Everytime someone downloads an album, or collection thereof, from your site, a guy will come to your door and punch you in the face. Does that sound reasonable?

74 Nov 26, 2007 at 00:18 by Damos

Regardless of the legality of your claims, it is well written - at the beginning. The second half of the letter comes off as sarcastic. That impacts your credibility.

75 Nov 26, 2007 at 00:31 by system

[quote comment="223713"]The people at TorrentFreak would truly only be considered hypocrites if they took legal action.[/quote]
But they wouldn’t be hypocritical for posting the entire passage written by BREIN that contains a single sentence from the TF interview?
To scream rather loudly about copyright infringement over a very small quote while quoting a larger piece of text from the accused is a fairly clear case of hypocrisy.

[quote comment="223806"]PWN! That was ridiculously well written. I wish I was half as talented as all of the writters at torrentfreak. Good work![/quote]
Maybe it was well written for a layman, but from a lawyer I would expect better.
The letter was not written by any of the regular TF writers, they’re too busy paying lawyers to read wikipedia and throw insults at other lawyers :-P

76 Nov 26, 2007 at 00:53 by themagicke

*proudly waves around his “TorrentFreak” flag whilst catching up with the news… yeaaahh guys.. you tell em!

=)

77 Nov 26, 2007 at 01:45 by anon77

Like somone over at digg said, if any of their servers are in the US, could you not issue a DMCA notice for a takedown, if the offending material is hosted in the US?

78 Nov 26, 2007 at 01:50 by Anonymous

How hypocritical and childish. Grow up and represent our position responsibly.

79 Nov 26, 2007 at 01:56 by Anonymous

@#77:

There are so many things wrong with that idea…

No. The DMCA doesn’t apply, a) US law doesn’t apply in the Netherlands (duh…) b) DMCA implies circumvention of copy protection or access control and b) quoting one line isn’t even close to copyright infringement if you don’t try to invoke the DMCA.

They’d probably do nothing and fire some kind of lawsuit back at TF for being morons.

80 Nov 26, 2007 at 02:35 by Anonymous

As if assisting in copyright infringement by promoting the use of illegal torrents wasn’t enough, every day TorrentFreak uploads some blog post with a quote or picture lifted from another source. There are half a dozen instances of this in the articles on Page 1 alone. Talk about hypocrisy!

81 Nov 26, 2007 at 03:23 by James

Wow.. Gertnerbot needs to get laid.

Sounds like a twit brought up by the system the old fashioned way.

82 Nov 26, 2007 at 03:28 by Bockenstein

Some dickheads around. seriously, TorrentFreak doesn’t promote the use of illegal torrents.

Torrents aren’t even illegal. Are you about 55+ years old?

You haven’t got a fucking clue how torrents work. Piss off back into your faggot SAAB and drive home and SHUT UP.

83 Nov 26, 2007 at 03:40 by Moo, I'm at UCF

hmm. hot topic.

sad world

84 Nov 26, 2007 at 03:41 by Taylor Hewitt

epic win

85 Nov 26, 2007 at 04:30 by Reth SInnS

simply beautiful

86 Nov 26, 2007 at 04:33 by Anonymous

[quote comment="223838"]They are attacking you with STEALING property and all you can come back with is a mere attack on a quote that was used without written consent! Are you kidding me? Do you really think that this letter will do anything but be a joke at their office? Downloading music is a crime and you are offering the chance for people to download music, therefore, you are part of the problem. Artist’s work hard to produce their pieces and them some punk teenager or middle-aged ass living in his parents basement steals from them. I bet if you made a deal with them, they would stop harrassing you. Everytime someone downloads an album, or collection thereof, from your site, a guy will come to your door and punch you in the face. Does that sound reasonable?[/quote]

Sounds like some troll’s got a dick in there asshole…

87 Nov 26, 2007 at 04:42 by KungFuTornado

How is downloading music a crime?

As quoted by Gertnerbot.

88 Nov 26, 2007 at 04:54 by Anonymous

[quote comment="223949"]Some dickheads around. seriously, TorrentFreak doesn’t promote the use of illegal torrents.

Torrents aren’t even illegal. Are you about 55+ years old?

You haven’t got a fucking clue how torrents work. Piss off back into your faggot SAAB and drive home and SHUT UP.[/quote]

Torrents that serve to bring peers together in order for one to transfer and another to acquire copyrighted material are illegal. There’s really no way around that. It’s people like you (who deny that 99% of all torrents foster copyright infringement and that sites like TF don’t promote the illegal use of torrents when clearly they do) that make it difficult for the torrent model to be revolutionize the way we look at file sharing and IP.

Your comments serve to isolate the torrent community and to re-solidify to mainstream society that people who torrent have no other goals bit to download copyrighted material and then spend the rest of their time trying to defend their actions. Aside of course from making weird comments such as presuming that people who drive Saabs don’t know what torrents are. (???)

89 Nov 26, 2007 at 05:17 by Bockenstein

No..

I think you are way out of the mainstream views.

Torrents are a normal thing on the internet.

Downloading media via torrents, is normal. It’s only recently when you obvious latecomers come to the internet and go.. omg what’s this all about.

Times have changed, media will continue to be distributed like this.

Oh and Torrents that serve to bring peers together in order for one to transfer and another to acquire copyrighted material are illegal.

It’s not in my country and in many others. Maybe you should relly your government, that’s obviously a pretty nasty country you live in.

90 Nov 26, 2007 at 05:51 by Steven

Actually..

A senario:

1) I offer you some info on how to shoplift. Pick up the product and run!

Option: If you think this information should be illegal then you don’t belong in a democratic country.

I think most people would agree, torrents are no more dangerous thant this very same info.

91 Nov 26, 2007 at 05:55 by Anonymous

WRONG.. If your statement was to hold any truth than..

- Computer Manufacturers
- Home Data Cable Manufacturers and Installers
- College Campuses
- ISPs
- Modem and Router Manufacturers
- Computer Stores
- YouTube, Google and other Video Services (which by the way get Cease & Desist letters daily)

all facilitate the distribution of potentially copyrighted material. Oh and lets not forget the biggest one of all - BitTorrent, Inc. who facilitates the actual transfer of thousands of copyrighted content daily through the protocol and uTorrent.

[quote comment="223999"][quote comment="223949"]Some dickheads around. seriously, TorrentFreak doesn’t promote the use of illegal torrents.

Torrents aren’t even illegal. Are you about 55+ years old?

You haven’t got a fucking clue how torrents work. Piss off back into your faggot SAAB and drive home and SHUT UP.[/quote]

Torrents that serve to bring peers together in order for one to transfer and another to acquire copyrighted material are illegal. There’s really no way around that. It’s people like you (who deny that 99% of all torrents foster copyright infringement and that sites like TF don’t promote the illegal use of torrents when clearly they do) that make it difficult for the torrent model to be revolutionize the way we look at file sharing and IP.

Your comments serve to isolate the torrent community and to re-solidify to mainstream society that people who torrent have no other goals bit to download copyrighted material and then spend the rest of their time trying to defend their actions. Aside of course from making weird comments such as presuming that people who drive Saabs don’t know what torrents are. (???)[/quote]

92 Nov 26, 2007 at 06:04 by Steven

Here’s so more information that the RIAA, MPIAA and the rest think should be illegal.

1: to kill a person, one just needs to shoot them with a gun.

2: you can steal a car by using a tow truck.

3: There’s a lot of money in banks, ill show you where the safe is.

4: You know alot of cars can go faster than the speed limit!

And so on, and so on.

All this info should be accorind to the RIAA and thier outdated dogs, should be illegal.

93 Nov 26, 2007 at 06:08 by Steven

Oh and FINALLY!!

All you RIAA GOONS!!

All of your music shops and outlets are ILLEGAL and should be closed down immediatly.

You are infringing on the copyright holders by making copyrighted works available. Just as in the Jamie Thomas case you’ve shown that making available should be illegal. So I must strongly suggest you close down all your retail outlets as you are making all this copyrighted material available to potential shoplifters!

94 Nov 26, 2007 at 06:13 by Ola

[quote comment="223554"]Could someone translate this letter in Dutch, it could be possible that (the ignorant) mr Kuik or one of his associates will not be able too fully understand this letter.[/quote]Remember, Mr Kuik is on the (secret) MPAA payroll. He has lived there for quite some time. They’ve been teaching him their scare-mongering tactics.
So he sure as heck can read this!

http://wiki.retecool.com/index.php/Tim_Kuik

95 Nov 26, 2007 at 06:48 by Cartman

[quote comment="224034"]Oh and FINALLY!!

All you RIAA GOONS!!

All of your music shops and outlets are ILLEGAL and should be closed down immediatly.

You are infringing on the copyright holders by making copyrighted works available. Just as in the Jamie Thomas case you’ve shown that making available should be illegal. So I must strongly suggest you close down all your retail outlets as you are making all this copyrighted material available to potential shoplifters![/quote]
ROFLMAO! Good one! Hahahahaha!

96 Nov 26, 2007 at 07:19 by Comcast

Hurray! Once again, TorrentFreak has shown publicly how stupid and ignorant it is by saying “..SumoTorrent is open source, copyright has never been asserted or it is in the public domain.”! Congratulations, you are #1 stupid on the Internet!

97 Nov 26, 2007 at 09:43 by nicework

amazing, good job =)

98 Nov 26, 2007 at 11:54 by hoodlum

you lost me at “vociferous”..

99 Nov 26, 2007 at 12:03 by Roel

LOL

100 Nov 26, 2007 at 12:13 by Maks

Ja, maar wacht even, het is natuurlijk wel waar wat BREIN zegt.

101 Nov 26, 2007 at 12:16 by Roel

[quote comment="224215"]Ja, maar wacht even, het is natuurlijk wel waar wat BREIN zegt.[/quote]
Sorry I don’t understand German. Can anyone please translate this? Thanks.

102 Nov 26, 2007 at 12:32 by KungfuTornado

Don’t think that’s German.

103 Nov 26, 2007 at 13:12 by freek

[quote comment="224215"]Ja, maar wacht even, het is natuurlijk wel waar wat BREIN zegt.[/quote]

I think it’s Ochbloggish

104 Nov 26, 2007 at 14:28 by Jack B

Ja, maar wacht even, het is natuurlijk wel waar wat BREIN zegt.

=

“yes, but hold on, it is ofcourse true what Brein is saying.”

105 Nov 26, 2007 at 15:11 by theninjasquad

gahhh can’t wait to see what their response is.

106 Nov 26, 2007 at 15:43 by AnonymousChicken

I’m surprised nobody has said the word “plagarism” here by now, because that’s what it boils down to… and I’d think in the EU, there’d be far more legal precedent to nail them on plagarism, than on piracy.

All the same, this is a good way to wake Brein up to just how insane they truly are.

107 Nov 26, 2007 at 16:15 by jixx

@92: there is no speedlimit in germany. so no car in the world is too fast.

108 Nov 26, 2007 at 16:35 by torrent man

If u interesting in downloading by torrent client and u looking for good invite from good web site go through this link http://tracker-invites.org/index.php?referredby=2546 and make registry and have invite and trade invite also good luck

109 Nov 26, 2007 at 17:49 by Ben

[quote comment="224063"]Congratulations, you are #1 stupid on the Internet![/quote]Yet you will end up on the losing side here. Wonder why.

110 Nov 26, 2007 at 18:23 by Roel

[quote comment="224278"]Ja, maar wacht even, het is natuurlijk wel waar wat BREIN zegt.

=

“yes, but hold on, it is ofcourse true what Brein is saying.”[/quote]
Thank you Jack B.

111 Nov 26, 2007 at 20:31 by SirronTM

I couldn’t have said it better myself, great job. Unlike some open letters, we KNOW this one will get read by those it is addressed to. Because we know they read your site. Let’s just hope they don’t misquote it out of context.

Gets you thinking, what do these guys do for fun…? In a world where its technically illegal to watch a DVD you borrowed from a friend, I should think legal entertainment is hard to come by. Weirdos.

112 Nov 26, 2007 at 21:07 by Alex

[quote comment="223455"]They will never answer this letter :D

They are too stupid to understand it’s contents.[/quote]
BAHAHAHAAAA

113 Nov 26, 2007 at 21:34 by Anonymous

jixx, there are speed limits in Germany.

114 Nov 27, 2007 at 01:20 by lol

it would be more fun if you sued :P

115 Nov 27, 2007 at 03:43 by lawstudent

[quote comment="223663"]“There is, and there can never be, any legitimacy attached to your harassment.”

Lot of praise for a letter with such an obvious mistake.[/quote]

Yeah, I was kind of hoping that this typo somehow made it on here, but wasn’t in the letter they sent. But, I also somehow find that to be unlikely. Too bad.

Also, as has been pointed out, Wikipedia isn’t exactly a citation begging to be taken seriously in a legal context.

Nonetheless, I like the spirit of the letter.

116 Nov 27, 2007 at 06:28 by d y z

I can’t believe alot of people can’t understand a joke or some sort of “sarcasm” :D

117 Nov 27, 2007 at 06:50 by Chief

For the record, I still support suing them

118 Nov 27, 2007 at 13:03 by anon

LOL just can’t stop

119 Nov 27, 2007 at 17:08 by pablo

Spread the word!

120 Nov 27, 2007 at 17:11 by torrent woman

If u interesting in downloading by torrent client and u looking for good invite from good web site go through this link http://tracker-invites.org/index.php?referredby=2546 and make registry and have invite and trade invite also good luck

121 Nov 28, 2007 at 19:23 by J

Lame, TF. You have a poor understanding of copyright law and I’m sure your bluff has done nothing to scare the MPAA.

122 Nov 29, 2007 at 12:02 by Lenny

Delicious ironies here. The letter is a brilliantly worded parody of the kind of letters sent out by anti-piracy organisations such as BREIN, yet (some) of the responses are a brilliant parody of the intellectually retarded 13 year old itellectual maggots that have destroyed Slyck, P2PNet and made Zeropaid such an unpleasant place to be.

Great letter, superb delivery and very tongue in cheek. 10/10

123 Nov 29, 2007 at 13:48 by Irish

LOL Surely you can’t expect some of these armchair critics who have done nothing in their lives except criticise everyone else to understand irony?

Superb letter, proves that not everyone who supports piracy is an illiterate.

124 Nov 30, 2007 at 03:00 by deedree

Did someone already mention BREIN is the dutch anti piracy organisation? BREIN means brain in dutch……

Definitely ironical.
I am sitting here with red cheeks of shame.
Thank you torrentfreak for your elaborate actions. I think this is an intellectual approach of problems and that is the best approach. ^^

125 Nov 30, 2007 at 16:38 by josh

I think you should have tried to take legal action and sue for moral damages.

126 Dec 27, 2007 at 23:01 by Anonymous

[quote comment="223612"][quote comment="223599"]if anyone stole my stereo i’d stab that fucker in the throat, male or female that fucker would get a parker pen trach job from me[/quote]
I would kick them in the nutz so hard their nutz would be cracked leaking semen and filling up their scrotem sack. No roshambo here. If its a female, I’d be like stop stealing my stereo and get your b_tch azz in the kitchen and make me some pie. Then I’d stab her in the carroted vein in her neck. Steal my stereo you better get ready to bake.[/quote]

LOL WUT

127 Feb 10, 2008 at 14:20 by BugBoy

[quote comment="224318"]I’m surprised nobody has said the word “plagarism” here by now, because that’s what it boils down to… and I’d think in the EU, there’d be far more legal precedent to nail them on plagarism, than on piracy.

All the same, this is a good way to wake Brein up to just how insane they truly are.[/quote]

Plagarism is different. That is taking someone elses work and claiming as your own, or giving no references to the authors.

Copying and sharing or distribution cannot be called plagarism - unless the copier also says “I made this”.

128 Apr 06, 2008 at 01:12 by injxs uegbh

bmqd qksg xlzsciqda atsblfdux bfvi rizpdyj nbaxisep

129 Apr 20, 2008 at 22:16 by anonym

Man don’t back up I’m serious I know some lawyers in Holland if you have solid evidence you should pull it off!
We have here a liberal court system you could bring up the demonoid incident as example and if the court doesn’t justify your claim then they
expelled demonoid without any legal base. Thats pretty much ignoring the Dutch constitution.

130 May 27, 2008 at 11:39 by Alex Ultra

To bittrucker (#20):
From what I understand, this letter IS still just an idea, because it was never actually given to anyone, simply posted here for kicks and giggles amongst those who care.

To Others:
I don’t know about copyright law (or rather I know About it, but simply don’t care for the purposes of this comment), but the large part of the argument against BREIN in this case is not about a breach of copyright so much as a breach of professionalism (as noted in the letter above). Amongst normal citizenry, the people expect that law enforcement will, at times, have to enforce the law against other normal citizens, whether for legitimate reasons or for simply being a part of the law-enforcement process. It sucks, but for the most part we accept it. What we don’t accept is when that enforcement is carried out unprofessionally: When we hear about a bunch of police officers beating a man to within inches of consciousness, we become upset not because they are arresting him, but because they are treating him inhumanely and not giving him the rights that we expect him to be given, and which those officers are expected to honor. When an organization such as BREIN (that name is already annoying me, by-the-way) carries through with legitimate arrests, others from outside their circles may grumble a bit but accept the steps, however when that same organization begins to use quote-unquote ‘underhanded tactics’, such as twisting the facts, hiding those things that may harm their cause whilst twisting other things to the optimum to help their cause (often to the point of presenting a statement that works at a paramount to its original context), and perhaps most grievously, hiding these breaches of professionalism to further their image of purity, those who see these things have a right to be upset because they are all methods of circumventing Law by using Propaganda (which, by the way, was the biggest weapon that the Nazi party used to win over the hearts of the German people, followed soon by the toppling of German Law). This, alone, however is of little consequence, after all the film industry has been using such tactics since its inception (horror stories of bad movies using the line “Two Thumbs Down!” and twisting them to read “Two Thumbs [..]!” come to mind), these things CAN be dealt with. The problem in this case is that this organization has used that propagandic, and a further lack of professionalism, to now hide the facts of their own breaches of the very laws that they seek so greatly to protect and enforce, once such things such as Copyright Infringement (no matter how small) and internal file sharing (which also infringes upon copyrights, by the very admission of the ones involved from what I read), it becomes no different from groups of Police Officers who bear the law with clubs and shotguns in the faces of unarmed men. The law-bearers become law-breakers, and soon the broken laws become changed to match the new laws that protect the law-breakers, and in all it would make the Nazi’s proud (after all, that’s how THEY had come to such power as they’d had, while blaming it on their opposition, as these BREIN people seem to be doing).

With all this in mind, I can understand how a lot of people could be a tad miffed at even an inherently small breach of protocol, because history shows us that small things lead to big things, especially when perpetrated by those immune to repercussions from their crimes. So while I think that sueing them would likely be a waste of time, making them aware of the fact that they are acting unprofessionally and therefore treading upon dangerous ground seems, to me, to be fair.

Also to be fair: Without copyright laws, I doubt that Gutenburgh would have made the printing press, which he otherwise would never have gotten anything back from his invention. On the other hand, if all laws were enforced with heavy-handed measures, no one would be making anything for the fear of being attacked by batteries of sword-bearing legionites; balance and sanity is needed, and MUST be proactively protected, lest… well, you know. It doesn’t take much to cause the Balance of Justice to tip, and once tipped it takes extra effort to regain balance.

Disclaimer: The names of BREIN, Nazi, Police-Officers, Law Enforcement, bittrucker, Others, and any other names, ideas, concepts, or references to individual identities that may or not be contractually owned by any party, whether involved in the discussion or not, are not owned by me and are used here without explicit permission. If asked by any party in contractual ownership of them, I would rescind my use of them to the full extent possible within my abilities (limited as they are), and seek permission for their use in the future.

License for further use: Other than the above Disclaimer’s limitations, I give all people, organizations, and even automated services full permission to use everything presented in this post, in full or in part, with or without citation, so long as the purpose of the above Disclaimer remains in effect.

(A tad over-the-top, but with the current discussion being what it is, why take chances?)

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