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Pirate Party Condemns $5.4m Claim Against P2P Operator

The Finnish Pirate Party has condemned a massive claim for damages against the operator of a file-sharing hub. The individual is facing a claim of 3.6m euros ($5.4m) from an anti-piracy group, this despite claims that there is no evidence of any specific infringements, merely high bandwidth usage on the individual’s ISP account.

finland pp pirate partyFinland’s Pirate Party (Piraattipuolue) has today condemned what it describes as an “astronomical” claim against the operator of a Direct Connect file-sharing hub. The individual faces a huge claim for damages amounting to 3.6m euros ($5.4m).

The claim, which originates from 2007, comes from Finnish anti-piracy group CIAPC (Copyright Information & Anti-Piracy Centre) and is leveled at the operator of a hub known as BAWD Rinkeli. The man, who lives in Espoo, Finland, says that he set up the server to chat with other Internet users and no copyright material ever passed through the hub.

The anti-piracy group, which is working on behalf of Teosto (a performance rights organization that collects royalties on behalf of songwriters and composers in Finland) and IFPI, is demanding huge compensation direct from the 34 year old.

“With such extreme demands the antipirates do not even intend to get any money”, the Pirate Party told Piraattiliitto: “Their only intention is to destroy the life of the accused so that he will serve as a warning example for others.”

The Pirate Party goes on to say that the anti-piracy group has not been able to provide any evidence of wrong-doing via the hub. Instead they point to the man’s large bandwidth consumption on his private broadband connection as “evidence” of infringement.

“CIAPC bases its claims solely on the bandwidth consumption of the accused. They have not been able to point out any specific infringements,” says the Party. “With such information, how can they even claim to have suffered millions in losses when the international scientific community has not been able to show any such losses even after a much more careful analysis?”

The leader of the Party, Pasi Palmulehto, says that he has personal experience of running a Direct Connect hub and notes that evidence of bandwidth consumption alone means nothing. The man’s claimed bandwidth utilization of 1 Mbit/s is easily achieved by social communications alone, says Palmulehto.

No file-sharing is carried out directly from a Direct Connect hub, which in very basic terms operate in a similar way to a torrent site, in that any file-sharing activity would be carried out from user to user. All Direct Connect hubs operate in this fashion, with users making folders and their contents available to other users for sharing. Although it is possible for a hub operator to also share files, this is denied.

“No one can claim compensation for what others have done,” the man told Finnish media.

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  • Anthony

    Just another example of greedy corporations attacking the weak and defenseless in an attempt to enforce their view of the world.

    If they win too many of these cases; if they destroy too many lives, eventually they’ll attack someone who can adequately defend themselves. When that happens, expect the rule of law to turn against these corporations.

  • KingKong

    Wow I download Open Office early that used some bandwidth, so that’s could be converted to downloading 100 MP3s, how mad!

  • insane

    Really High bandwidth usage only and “tadaaa” you must been stealing lol

  • me

    Wow 4th!

  • James Holdger

    Crazy.

  • tophing

    “CIAPC bases its claims solely on the bandwidth consumption of the accused. They have not been able to point out any specific infringements,” says the Party. “With such information, how can they even claim to have suffered millions in losses when the international scientific community has not been able to show any such losses even after a much more careful analysis?”

    omfg…

  • Anonymous

    I think my bullshit detector just exploded.

  • Anonymouses

    WOW i use much bandwidth off of websites just streaming and watching videos a month,also not to mention downloading applications over 300megs a piece and if a corporation like them looked at my bandwidth consumption. They probably Would say (Hey he uses alot of bandwith he must be stealing or distributing!!!) yeah… they must be getting desperate

  • AlienDK

    Yeah, this is really lame. Its like if there was a bank robbery, and the police goes over to a guy who has a car and says he must have been the one driving their escape vehicle because he has a car.

  • TheIrrelevantTroll

    Welcome to the nordic court system, no evidence needed.

    Where objections, while not yet punishable by fines or death, are automagically denied.

    Resistance is futile. Evidence is irrelevant.

  • Minded Reason

    I’m on 100mbit and i uploaded 141,384,700,000 and downloaded 13,810,373,488 for last two days..

    so what is the punishment i’ll receive? damn my father won’t like his law-breaking son xD

  • TheIrrelevantTroll

    Wouldn’t this mean that any artist now can claim due compensation from these bone heads, since nobody proved which stuff got copied?

    Or any artist could just sue the outfits for copy right infringement, what with them obviously claiming copyright to stuff they potentially didn’t have right too.

  • Le Fake

    They haven’t got a case to begin with. Although that would be good, because the status of P2P related site or in this case hub operators hasn’t been clearly defined in Finland yet.

    In a way I hope the man gets a motherload of financial support to take this on them all the way.

  • nothing much to say

    Wow

  • Xcel

    @7 LMAO…

    And couldnt be more to the point..
    BS indeed…

    The case wont last it’s obviously frivalous and a waste of the courts time…

    Do I hear “Counter suit” anyone?

  • Anonymous

    [irony]

    Finland rules.

    [/irony]

  • Kickass_Sid

    Where do they take such charge amounts& Why don’t they set the fee at a billion right away!

  • your name here

    I guess now we’re going to find out if people in Finland can get convicted without any evidence that they actually did something wrong.

    Unless using the bandwidth that one pays for is against the law of course…

  • mioned ndreas

    they should be punished they are using the calculator in ways their not supposed to. can i have my paycheck now?

  • knux

    Hey kids, stop playing with that server over there, it might be used for piracy… *Police Siren* Sergant look at what I just found… Contraband, server, 4 processors, 2 TB hard drives and using 14TB bandwidth per month…. Bag it and tag, we are taking this dirt bad down…

    WTF, seriously! Servers are now being treated like freaking drugs now!

  • hmmm

    Find a way to finance all those (crooked) politics with piracy money, and strangely, problems will disappear.

    Like the pseudo war on drug the CIA is getting financed on… Hmm no wait. they are fighting drug, but only 15% of it.

  • Sweden

    Finland sucks. In finland is example case high court where operator is responsible for all users copyright violations Finreactor. This case IFPI wins because high court have decide that operator is always responsible for all users copyright violations. Poor man have no chance in court. IFPI gets 3.6 millions easily.

    Again Im happy I don’t live in Finland it is one of the top 5 police nations in world. Finland simply sucks in copyright.

  • Anonymous

    A few years ago the FBI busted The Underground Network, a community of Direct Connect hubs, and several hub operators went to prison.

  • HappyPirate

    All I get from this is that it might me a good idea to check out DC again. I almost forgot about this p2p network. Thanks for reminding me of it, MAFIAA!

  • Sendaii

    This really is laughable. They must be getting desperate for cash to try something like this.

    Fuck them. I hope they bleed themselves dry trying to build a case that will stand up even momentarily in an unbiased court.

  • Sendaii

    This really is laughable. They must be getting desperate for cash to try something like this.

    Screw them. I hope they bleed themselves dry trying to build a case that will stand up even momentarily in an unbiased court.

  • Sanderman

    1 Mbit/s is a lot lately?

    Hello! The 90′s called, they want their bandwith back!

    They must think I’m a super pirate looking at my 60 Mbit/s connection…

  • Tigger

    Im from England, and have always had alot of respect for Finland.
    I always thought Finland was a place that truely cared for its citizens, and that the Finish government would not make the same kind of mistakes as alot of other countries i could mention, ive even considered emigrating there…

    I was wrong.

  • Ninja

    BW usage as evidence? Just wow… I checked how much bw I’m using in IRC (note that I DON’T download stuff via IRC nowadays) and the software uses an avg of 1.2k/s downstream. Now you don’t need many users to make the bw go up the roof…

    Jesus, MAFIAA and merry friends are becoming worse than drug dealers…

  • viktor

    they talk like file sharing itself was illegal.

    IT IS NOT.

    (in most countries) it’s only illegal to UPLOAD COPYRIGHTED MATERIAL.

    not everything is copyrighted in the world.

    and oh well, big surprise, bandwidth is used on every network operation, not only during file sharing.

  • Anonymous

    Since when is 1 MBit/s consider high usage?

    I upload 2 MBit/s 24 hours a day, 7 days a week and no one seems to care.

  • Anonymous

    LOL they don’t even know WHAT material he “downloaded”, how can they claim compensation for it? LMAO

  • Asdfsd

    Atleast base this on actually evidence… doing it by bandwidth will only dismiss the case.

    Waste of time tbh.

  • Raisined Mind

    I thought that all anyone did with the internet was to download copyrighted material.

    Al Gore should be sued for inventing it.

  • Uskomaton

    I just sent a nice note to Teosto, I wonder if I’ll get a reply.

    In any case Fuk Teosto!

  • can piratebay come back?
  • Anonymous

    I watch a great deal of streaming media, but I rarely download anything except maybe, one show on bittorrent, so they thing,”Hey, you use lots of bandwidth, you must be bittorrenting al l the time!” Well, it’s how I don’t get caught is, I don’t download a lot. heh.

  • emil

    he lives in poo…

  • Truth

    The good thing in Finnish Court is that the one who loses the case has to pay the legal expenses of the winner (lawyer, etc.) It means lawyers will pick cases like these, because they know Teosto will end up paying their salary even though the defendant is pennyles as they have no real evidence. Defendant is going to win this one, atleast if we look at other crimes that have been tried to take into court with no evidence.

  • greedy ole’ bastard

    wow this looks like good money! I think I will also sue some dude using lots of bandwith!

  • Anonymous

    @27

    Yeah this was probably the case about 15 years ago but not lately. For example Finnish government is working on all kinds of laws that the majority of people don’t accept and the worst thing is that the politicians don’t care. There was even a big election funding scandal and some corruption suspicions. Based on polls something like 60% of people urged the government and the members of the parliament to resign. The prime minister answered that he didn’t see any reason why they should resign! This Finland today so I’m not suprised about this news. I’ve been thinking about migrating from Finland for a while and I think that the day I leave is coming pretty soon..

  • Finn

    @27

    Yeah this was probably the case about 15 years ago but not lately. For example Finnish government is working on all kinds of laws that the majority of people don’t accept and the worst thing is that the politicians don’t care. There was even a big election funding scandal and some corruption suspicions. Based on polls something like 60% of people urged the government and the members of the parliament to resign. The prime minister answered that he didn’t see any reason why they should resign! This Finland today so I’m not suprised about this news. I’ve been thinking about migrating from Finland for a while and I think that the day I leave is coming pretty soon..

  • gorehound

    Fuck ypou bigwig greedy media companies cause your day is coming and coming soon.
    come on everyone join me and spread the word to all your friends to stop buying any new movies or music and just buy USED.
    Buy used in a local store and your money will help out your local economy with none of it going to these asshole companies.

    the only new products i will buy is a TV show boxset so i can support a show i love and nothing else is new.

  • Anonymous

    Greed have reached the whole world, I think is time to look at the root of the problem “society”.

    Those people in power came from somewhere and learned to be like that in some way and I don’t think it started when they got to power.

  • IFPI

    This case got all detailed information about all movies,music, games, programs, tv-shows what have been downloaded/uploaded in direct connect hub called BAWD Rinkeli.

    High court have gave a year ago precedent/test case that operator is responsible for all users criminal copyright use.

    This individual have not any chances in court. It is default loss. What you all will see later.

  • me

    #30 Viktor: “(in most countries) it’s only illegal to UPLOAD COPYRIGHTED MATERIAL.”

    Not even that, at least not always: It is perfectly legal to upload copyrighted material with the copyright owner’s permission. Think BSD, [L]GPL/GFDL, CC-ed material: they’re all copyrighted, but you are allowed [*] to upload them, as long as you comply with the terms of the respective license.

    [*] unless you’re in Finland, obviously.

  • Reasoned Mind

    Stop complaining. With all that downloading traffic creating page-views for his advertising at least the fine is proportionate to his income and affordable.

    Look at the bright side. He COULD be Jammie Thomas. :-)

  • Anonymous

    I’d hate to burst your bubble RM (you’d replace it with a lead-lined bubble anyway), but every sane Internets user already adblocked everything.

  • IFPI

    Also that individual was using 100/10 connection not 8/1.

  • IFPI

    Ha ha, disregard that, we suck cocks.

  • jon

    give the court judges 1000s of dollars if your the anti piracy groups maybe you will find a simpatheti judge and then pressidence will be sett we are all in trouble .mmm thats what they think lol

  • GrX

    can see the future…

    Customer: hello i would like to signup to your 20mbit broadband please how much is that a month

    ISP: one second sir… PST, PST, guy on the phone wants broadband alert the SWAT team..

    20 minutes later swat knocking your door down smashing though the windows… Sir please step away from the mouse click and we will shoot…

    Later in court…

    You have been convicted in the conspiracy to defraud by wanting broadband internet, you are now being held for aiding and abetting and attempting to use the internet via broadband.

    You must of wanted to commit copyright infringement on a global scale due to your request for fast internet access..

    sounds stupid but this is basically what it’s going to come to.

    they have no evidence what so ever only he’s used lots of bandwidth, well isn’t that what broadband is for ? isn’t that why millions of us around this world is paying a monthly subscription for?

    am i missing something?

  • .neo.styles|nvDX

    Uhm, if he was actually “just chatting” the bandwidth usage wouldn’t be through the roof, like the CIAPC indicated. Maybe not enough to convict someone, but with all the rampant piracy, its definitely suspicious enough to look into.

    Also, since we seem to already know that it’s a P2P hub.. how many P2P groups actually “share” legal material? For all practical purposes P2P = Piracy/infringement.

    • http://neuron2neuron.blogspot.com Ben Jones

      > Uhm, if he was actually “just chatting” the bandwidth usage wouldn’t be through the roof, like the CIAPC indicated.

      Assuming one person, using text-chat, yes
      If he ran any sort of automated program (a ‘bot’) or used any other chatting method (such as ooh, voice maybe) let alone video, it can easily be that high.

  • Cujo

    off topic u guys

    ctv tv (Canada) ;)

    i didn’t quite catch the details but some peeps are useing a super computer to share stuff and got busted ,, hehehe ,, aparently they we’re only using 1% of the said super computer’s resourses ;)

  • Reasoned Mind

    About time!

    Finally those poor corporations are standing up for themselves against these greedy pirates and their non-commercial sharing.

    Screw modern technology … buy plastic discs, kids!

  • Cujo

    the principle was pissed ,,, hehehe

  • Reasoned Mincemeat

    the key objective in this cat-and-mouse game of pirates and copyright holders is finding where did the pirated money go.

    the pirated money? you know, 1 click = 1 download = 1 purchase. the record and movie industry is on a major decline since year 199something – and it must be pirates. money don’t disappear, it circulates! that’s what i’ve learned when i was in MBA. now, cops, judges, and presecutors, go get our money back.

    wait, pirates do it for free? you must be out of your mind. no one does anything for free! if people were really that generous, why there would be MAFIAA in the first place?

  • anonymouse

    might just as well sue the whole world now, simply because everyone has or is thinking of getting, fast broadband. then the industries can completely stop trying to sell anything as it will be easier and cheaper for them to simply accuse someone of using the internet in a way they dont like, take them to court and get a massive amount of money! providing evidence and proving a case is obviously a thing of the past!

  • Paah

    Yeah well, you know they catch maybe only 30 guys a year for file sharing in Finland.. And 28 of those are some little kids downloading music.

    So.. They gotta get the money from someone..
    Pathetic..

  • emulep2p

    the cartels days are coming to an end. See here:

    http://www.cnn.com/2009/TECH/10/15/finland.internet.rights/index.html

    Fast Internet access becomes a legal right in Finland

    Finland has become the first country in the world to declare broadband Internet access a legal right.

    Starting in July, telecommunication companies in the northern European nation will be required to provide all 5.2 million citizens with Internet connection that runs at speeds of at least 1 megabit per second.

    The one-megabit mandate, however, is simply an intermediary step, said Laura Vilkkonen, the legislative counselor for the Ministry of Transport and Communications.

    The country is aiming for speeds that are 100 times faster — 100 megabit per second — for all by 2015.

    “We think it’s something you cannot live without in modern society. Like banking services or water or electricity, you need Internet connection,” Vilkkonen said.

    It is legal right which can not be denied at the current moment in Finland so the 1mb thing is out of whack b/c you use a lot. I guess the cartel was trying to go after the operator before it became a legal right as perhaps they were scared.

  • HELP!!!

    oh my god help!!!

  • Yo

    I wipe my ass with 1 bit connection… and I don’t file share through my ass.
    Surprised?

  • Annie Moose

    So he dared download something (legally) that was larger than 100 kB (or whatever their arbitrary limit is)? Off with his head!

    The anti-pirate cartel needs to quit this Queen of Hearts nonsense of attacking anyone and everyone on the slightest provocation. Then maybe they’d actually accomplish something.

    Actually, I retract that. I hope they keep doing ridiculous things, because sooner or later ordinary people will realize how idiotic they are, and then no one will listen to them at all!

  • .neo.styles|nvDX

    Sorry about my claim earlier, I was drunk. Piracy rules.

  • Hmm

    The accusation principle was that the connected users had shared alot of data – not the hub owner. As with the case of Finreactor, the servers administrator was held responsible for the illegal data transferred by the connected users. They claim that the data was movies, music and games, but it’s unsure if they have any proof of that or not. I’d guess they sniffed around and recorded statistics about what was being shared if they knew of the hub obviously — I’d just imagine they won’t pull out all the aces out their sleeves right from the start.

    That aside, who on their right mind uses public Direct Connect hubs, BitTorrent with Peerguardian is alot safer.

  • Unfounded

    This is maybe the most ridiculous claim that the Finnish court system has ever seen. If no further evidence is provided, I really hope the District court judge makes the only right decision, that is to drop all charges against and make the Copyright Lobby pay for the poor man’s legal fees.

  • Trojans all the way

    Pirate Party Condoms–hell yeah!

  • BTGuard - BitTorrent Anonymously

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