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Police Skip Millions Of BitTorrent Users On Evidence Issues

Since early February there have been nine raids against file-sharers across Sweden. Those in the spotlight were targeted because they shared relatively large amounts of music on small file-sharing networks. But were these people really a major threat to the music industry or are the millions sharing on BitTorrent proving too hard a target?

It all began on Tuesday 2nd February. Following investigations carried out by music industry group IFPI, Swedish police carried out raids on individuals said to be sharing between 9,000 and 17,000 music tracks.

Five different locations including Gothenburg, Docksta, Handen and Upplands Väsby were targeted, resulting in the arrest of a 28 year-old man believed to be a Direct Connect hub operator. Several others, all accused of copyright infringement offenses carried out via the hub, were questioned and had their equipment confiscated.

At the end of last week the police conducted more raids, targeting the alleged operator of a Direct Connect hub in Motala and a user in Örebro who reportedly later admitted making available 6,500 tracks via the hub.

Two days ago the police struck again, this time against an individual in Ronneby suspected of sharing around 6,000 tracks via a hub. According to the police, there is now an investigation underway against a university network.

Yesterday saw continued action with the ninth raid in little over a week. This time the location was Kista where the police seized a computer and questioned an individual who allegedly admitted making available around 7,500 files.

These raids throw up an interesting question.

While BitTorrent users could be sharing a limited amount of material with tens of thousands of others in a very public and open setting, the relatively reclusive DC user is admittedly often sharing a lot but within a very much user-limited environment. One could argue that the average DC user contributes far less when it comes to the spreading of copyright material.

But as we have learned, unlike their BitTorrent counterparts they are much more at risk of receiving a visit from the police. So why is that?

File-sharing researcher Daniel Westman told NT that proving mass infringement in order to get the police involved is difficult with BitTorrent, but with Direct Connect it’s a much more simple affair.

“The DC technology allows the police to see everything that the user makes available and there may be thousands of files,” he explains.

Furthermore, for prosecutors to be interested in these cases there will need to be hard evidence available. Unlike in some civil cases, an IP-address and a few spreadsheets isn’t going to be enough.

“The judgments we’ve seen so far also show that it is not enough to simply track a particular subscriber, but you will probably have to also do a search and examination of his computer,” says Westman.

“Conducting a search requires a certain seriousness of crime and that severity can be difficult to prove with BitTorrent,” he concludes.

Thus far, no Swedish BitTorrent user has attracted the attention of the police but although IFPI lawyer Magnus Mårtensson accepts that getting evidence against BitTorrent users is more complicated, he says it’s not impossible.

“We will act even against users of BitTorrent in the future. We are looking right now on how best to collect evidence against BitTorrent users,” he explained.

In the meantime, actions against DC users are likely to continue, with Henrik Rasmusson at the Prosecutors Office promising more raids in “winter and spring.”

Ex-Pirate Bay spokesman Peter Sunde says that some good will come out of these raids, as people become more interested in sharing mechanisms that move away from small private groups, and on to those enabling sharing with everyone on the Internet.

“They do not realize it, but they are only driving more people to The Pirate Bay,” he concludes.

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  • http://www.eZee.se www.eZee.se

    ““We will act even against users of BitTorrent in the future. We are looking right now on how best to collect evidence against BitTorrent users,” he explained.”

    And in related news Magnus Mårtensson was seen visiting physics, tea leaf readers, soothsayers, magicians, as well as playing with ouija boards.

  • Anonymous

    Second!!!!!!!!!!!!!!!!!!!!!!!

  • Walrus

    They may be able to track heavy sharers on private trackers. But, really, its just about impossible to collect enough evidence on public or semi-public or… better yet… DHT torrent swarms.

    Now we just have to get a ubiquitous source rewriting (bouncing data along several third party peers ala tor/freenet) protocol in usage and it will really become impossible to track file sharers.

  • the.dwarfer

    If your still using ‘old p2p’ like DC, JUST STOP! and switch to a nice combo of torrents, rapidshare and newsgroups. simples ;)

  • Ho

    “you will probably have to also do a search and examination of his computer”

  • Johnny Bravo

    “you will probably have to also do a search and examination of his computer”
    Truecrypt rulez!

  • Sin

    I think this episode of thebroken where they show you how to self destruct your laptop with the push of a button is even more relevant. It starts around 5:49 mins in.
    http://revision3.com/thebroken/ep3

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  • lol

    DC++ was a really cool program at one point, it was my main source for my movies music and games. Then it turned in to an mpaa/riaa honeypot. When I first learned to root for xdcc DC was a really good place to harvest ip’s from fast unsecured connections, I wouldn’t be surprised if these groups have not done the same thing many times over.

  • astr0boi

    History repeats. In the 80′s it was a different war; pre-videotape movie collectors had to get actual film prints. There was an active market in used 16mm and 35mm films as folks sold and swapped titles. The film companies tried to get the FBI involved and it was this campaign that started the ubiquitous display of the FBI logo on anything involving movies be it tapes, dvds or even cans of film. Some agents were given posh jobs with the film companies when they retired from government service as a reward for harassing film collectors. Eventually a limit was reached of the number of ex-cops that the film companies were willing to pay to sit around in retirement and the feds lost interest in some guys basement full of old films. They are still trying to motivate cops to bother collectors but a lot of cops are not buying it anymore. Wheres the payoff? The governments doesn’t get big fines, the cops get no glory and no real crooks go to jail. It’s a rough road, trying to get the public sector to do the dirty work of the private sector for free.

  • safety in numbers

    Another question is whether sharing/uploading a tiny fraction of a file (as Bittorrent does by design) to the police investigator even counts as a “whole” infringement.

  • .

    Whatever

  • Dan

    They could tell that their Wi-Fi wasn’t secured, as their ISP havn’t told them how to secure it.

    My ISP is so dumb they don’t know what is a BIT and a BYTE, really.

  • dR435t4

    the same way that those idiots research ways to catch us in their so-called “crime” the torrenting community will also research and develope more efficient ways to protect themselves and the community… they are trying to push the whole internet into a sealed container; and as long as they cant reverse time, i dont see them succeeding in anything other then wasting money and pissing everyone off… way to go conservative faggots!

  • dR435t4

    lol @ 11, that could come in very handy one day…

  • jovialau

    At the end of the day…..If all of us were not a little worried about just what is going on out there….None of us would be reading these posts.Endevouring to obtain just a little bit of reassurance.A win here,a lose there.It seems like a massive amount of energy spent for bugger all return.It reminds me of the arms race.Increased threat…More effort on defenses….more effort to increase threat…More effort on defenses.It`s a tale as old as time itself.The only people who win are the middle men,who sell you the arms and defenses………..And then watch the war and consequent destruction from the sidelines!!!

  • Anonymous

    Carl Marx once said.When we are hanging the bureaucrats in the public square.They will fight amoung each other for the right to sell us the rope…….And the beat goes on

  • Anonymous

    “you will probably have to also do a search and examination of his computer”

    brb, burning dban

  • not Marx

    if youre gonna misquote someone at least get their name right, its Karl Marx, not Carl. and it was Vladimir Ilyich Lenin who said, “The Capitalists will sell us the rope with which we will hang them.” not Karl Marx. id going to guess youre an American, the guy who mentioned the quote. and its Americans like you who dont know history and just say what you think is right that make the rest of us look bad. no wonder the rest of the world thinks of us as a bunch of wankers.

  • anon

    18th!!!!!!!!!!

  • not Marx

    correction: im going to guess… not “id”. my bad.

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  • Joe

    swede’s are so friggen retarded.

    DC is about as unsecured as my mailbox (outside). Get off that stuff already, people are going to continue get busted.

    These people must ‘get off’ on sharing files this way for the thrill or something.

  • Ninja

    Wow, so many failures in a few weeks… Ahem, busts. The more people MAFIAA ruins, the more they fail.

    In any case, it is indeed very interesting that no bittorrent user has been visited by the police. I`ve already taught my sister how to use safer sources (direct download via rapidshiet for instance and bt) instead of emule.

    The interesting part is that she’s not half the heavy user I am but when she read about the actions MAFIAA is taking her comment was: “That’s plain disgusting…”. Then she resumed looking for one new Lady Gaga song. Amusing hahahaha.

    Oh, she bought Lady Gaga`s last album, physical copy, so it`s likely she`ll buy new stuff that comes out. Let us suppose MAFIAA sent the cops and arrested her for downloading that track. One good customer that won`t b buying any more albums because MAFIAA insists in labeling all file sharers as criminals.

    Seriously, I`m amazed on how epically huge their failure is as a business model….

  • Black Swan Social Media

    @10 has a good point…

    I wonder if the majority of users sending data upstream could in fact be protected by Fair Use laws considering that only incomplete chunks would actually be able to be traced back to them. I wish I knew a copyright lawyer that could give me an unbiased answer!

  • Peter

    @ #21 :
    No, Swedes have a long tradition for private DC-hubs where people who know each other would share their stuff freely with each other ..
    you know “p2p” ?
    Then came these greedy american MAFIAA-fucks and destroyed a perfectly good thing ..

  • Yatti420

    They know they can’t legally form a case against a BT user..

    So they target direct connect probs gnutella next month etc.. Easy to form a case with those types of clients..

    As always for any filesharing you all need Peerblock with appropriate lists installed.. This will significantly decrease risks of being tracked etc.. As always encrypt your drives etc..

  • Johan

    A couple of years ago, Direct Connect was HUGE in Sweden. Everyone used it. Everyone loved it. At my university, all students were connected to a big DC-hub hosted on the universitys network :-) Although, the popularity of Direct Connect decreased. Crackdowns from police/IFPI wasn’t the only reason. Perhaps more important was the increasing demand of large data transfers. On a slow ADSL-connection it’s a real pain to download a DVD-R with Direct Connect.

  • Anonymous

    I know this was going to happen.

    With BT, everyone share only a small pieces of any file and never the entire file itself.

    So it is impossible to prove how many files are shared by any BT user.

    I am sure that the corporate parasites are thinking very hard about what type of new BS they are going to put on the table.

    What make me laugh is that they already lost the war against their customers and they don’t get it.

    No matter what they do will not make people go back and buy their shit any more. You don’t start a war agains tthe people who pay for your weapon! it would be like Israel starting a war against the Uinted State!

    Check mate parasites! So long! Good night!

  • Rboy

    I wonder where the line is. If I take a 1 or 2 terabyte drive over to a friends house and say here take what you want. Then he does the same and so on thousands of files can be shared in a perfectly legal way. So in a small closed DC what is the difference?

    Anyway the technology is obsolete. Eventually any good sharing technology will have to encrypt ip’s and data. All these silly legal attacks are going to result in a file sharing protocol that is impossible to snoop.

    At some point the industry and government will have to stop the protection of digital data. Copyright will be obsolete because when we can share terabytes of data in a few seconds society will have to acknowlege that the sharing of all knowlege is more beneficial to society at large then protecting the fortunes of a few.

    Right now money rules society but as resources become more scarce other things may become more important then the accumulation and hording of things that money and capitalism encourages.

    These organizations go after these targets because they are easy and these organizations have to justify their existence when as the article insinuates the actual value to the industry to these raids is practically nil. After when was the last time a site was shut down and all those sharing said well that is it I am going to buy everything from now on. Oh wait, I already have almost everything I want so I guess that means the music industry still gets nothing!!!

  • Duh

    The DC hubs in question must have been public that is the only way they were discovered. One could run a password protected DC++ hub and never be targeted for anything. Not to mention the fact you dont have to keep any logs. College/University networks across the globe have been using DC++ for quite some time. This is really pathetic that this deserves any attention at all.

  • bone bone

    we should all just move to torrent files now… tho downloading music can sometimes prove a bit troublesome in torrents its very possible. also the one thing that torrent is missing is ease of share. in limewire you just click one or 2 times and your sharing a burnt CD you made… its about time theirs an app for making sharing your files that easy….

  • =b0|)Y

    dvd john?

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  • anon

    they are using smaller raids to fund the larger ones – rest assured if they had the resources they’d go after everyone.

    What is the solution? Don’t allow them any funding – once these douchebags find out that prosecuting is more expensive than ignoring then (and only then) will it stop.

    tl;dr: don’t feed the trolls (aka lawyers threatining you)

  • rd dis

    ok the thing is that not everyone upgrades like when they need to. I went anon last year. If everyone went anon :-). Do your research and upgrade if ya haven’t already

  • Mystik

    The Unfortunate Reality

    Any peer to peer protocol like BitTorrent can be monitored, unfortunately, quite effectively.

    In order for P2P to work your IP address must be shared with others. The whole point of a tracker. I’ve gotten too many “Notices” from BayTSP, via my ISP, just doing nothing but harvesting seeder IP’s from several trackers. Now it would not be difficult to watch all peers on the trackers and collect all IP addresses. It would also not be difficult to rework a open source client to just harvest IP’s from that as well.

    So if you think BT is safe when using no other protection, think again. Peer blockers? Okay, that’s a good idea but, there’s always a but, these people can easily use several business DSL lines (cheap too) with Dynamic IP’s that are not associated with them. Easy for them to get around that.

    Okay so we all use VPN’s! Well that’s a good idea until too many people overload the connections and the speeds begin to slow way down. It all the P2P users were to use VPN’s it would be too expensive and too slow to be viable. If your IP is let’s say 6Mb/sec and you have 500 people trying to get wireline speed it would probably overload any existing fiber connection.

    If that did not, it would not be difficult to still find you. The U.S. for years has been monitoring all internet traffic. Many other countries are doing that as well. In the U.S. it is a crime to create encryption that the government cannot control. (See the stories about the guy who wrote PGP) Do you really believe that the U.S., E.U. etc would allow any encryption that’s not breakable by them on the internet? Where do you think 3DES came from? old U.S. D.O.D. encryption, do you think they cannot break it? So if they can read it and they can monitor all internet traffic, how much of an effort would it be to be able to simply match up the traffic in and out of the VPN?

    Of course the MAFIA don’t have access to this technology, only the government does. So if they can get ACTA etc into effect and get the governments to do it for them, it would be able to be done. Simply by saying nothing more than this VPN’d IP is sharing copywronged content let’s find out who it is. It is easy to create a database of the files you are sharing and with other parts of ACTA like ‘Making Available’ they will not have to prove you transfered anything, just made it available for others to get. They can also filter out encryption they cannot break from entering their countries as well. The technology is there to do that. Nice huh!

    Show Me The Money!

    Of course this is only if they can get ACTA-like laws in place. The whole theory behind *any* crime > punishment structure is that the punishment is worse than the crime. In the U.S. this is solely about generating cash flow to the government. Ooh bad boy, pay your fine and go home! If the government can make a good cash flow out of the crime they will use it to their advantage. If not, oh well, it is not important to us. Think about how much money the U.S. government makes on the War against Drugs! That’s a lot of zeroes they make each month. Most governments operate in exactly the same fashion.

    Why do local cops and other government officials in so many of these countries not seem to care? They do all the hard work of catching these people and the only people to win are the MAFIA? BS where’s our cut! I’m sure somewhere in ACTA they get their cut, else no government would even be interested in it.

    Is it or is it not Fair Use?

    @23 Black Swan Social Media said

    “I wonder if the majority of users sending data upstream could in fact be protected by Fair Use laws considering that only incomplete chunks would actually be able to be traced back to them.”

    If you’re in the U.S. fair use is a small segment for criticism or to change the content so as to be a parody of the original. Additionally Fair Use allows you to have a backup copy in case of damage to the original. But you cannot break DRM to make that copy. Stupid huh? Somehow I don’t think sending little bits of data to several other people count as fair use. Fair use has been so eroded by recent laws, like the DMCA, that it almost does not exist anymore…

    Of course if you own the original you can always say you were downloading to have a backup copy as it is illegal to break the DRM. I dunno how well it would fly, but you could try it ;)

    A Final thought…

    Governments were created to work for the people, isn’t it about time we started making them for for the people not for the money? That would be a good place to start.

    Remove the Corruption, Remove the Greed, Remove the Power, Remove Copywrong, Install Freedom again!

  • rd dis

    @ last post of mystic
    If this is true then everyone would be fked. Just because the us gov says some sht doesn’t mean that ppl have to listen. Look at the nwo shill they have in office. Anyways, some encryption has been cracked, many/most have not. Your idea is that since some things have been made at one time by dod (standards etc) that overwrite methods/other crypt does not exist. You fail. Oh yeah, they have already publically announced in the past that it is virtually impossible to crack vpn on the fly/etc b/c it would take around 135 years per chunk/strain/line code. Please do research before you spew disinformation. I am under full encryption btw. :-)

    Many other countries are doing that as well. In the U.S. it is a crime to create encryption that the government cannot control. (See the stories about the guy who wrote PGP) Do you really believe that the U.S., E.U. etc would allow any encryption that’s not breakable by them on the internet? Where do you think 3DES came from? old U.S. D.O.D. encryption, do you think they cannot break it? So if they can read it and they can monitor all internet traffic, how much of an effort would it be to be able to simply match up the traffic in and out of the VPN?

  • Dresandreal Sprinklehorn

    This reminds me of the late 1970′s when the FCC thought they could regulate Citizens Band Radio. With 6 field agents and millions of CB users it was impossible. They would come around an threaten everyone and we just ignored them. Finally they dropped the licenses and made some new rules that we all ignored. Finally they gave up altogether. :)

  • encrypt forfvcksake

    use Apex encrypted.

    Use True Crypt

    There’s no excuse for unsecured data on a storage medium.

  • Trelew

    It’s sad to see that police resources are being squandered on these so-called crimes at the behest of greedy corporations. Oh yes, a murderer gets away, serial rapist continues, and terrorist walk in unmolested because the corporations have to have their pound of flesh and are tying up police to do it.

  • Cujo

    “They do not realize it, but they are only driving more people to The Pirate Bay,” he concludes.

    and the population will have a different opinion come the next election ;)

  • torrentwiki

    yaaaaaaaaaaaaa

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  • Dxx

    First job to do on net election is to ask politicians about this.

    How the hell it can be that more than half citizens are criminals and still they cant elect goverment which decriminalize them?

    And if that does not work excryption should do the job. just encrypt all your downloaded content with truecrypt and they will be unable to prove anything.(dont listen to these who say encryption is beatable, it is absolutely safe)

    And further it is time for new file sharing protocols. Japanese are doing that for ages already. So if democracy is not working, crypto-anarchy will do it’s job.

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