TorrentSpy Ordered By Federal Judge to Become MPAA Spy
Written by enigmax on June 09, 2007TorrentSpy, one of the world’s largest torrent dump sites, has been ordered by a federal judge to monitor its users in order to create detailed logs of their activities which must then be handed over to the MPAA.
According to CNET News.com. federal judge Jacqueline Chooljian requested that Torrentspy (what’s in a name) must start creating logs detailing their user’s activities. This, despite the site’s privacy policy which states they will never monitor their visitors without consent.
Understandably, this is a worrying move by the court - even more so when one considers these logs must then be turned over to the MPAA. This is believed to be the first time a judge has ordered a defendant to log visitor activity and then hand over the information to the plaintiff. The decision - arrived at last month but under seal - could force sites that are defendants in a law suit to track the actions of their visitors.
The owners have been granted a stay of the order in order to make an appeal, which must be filed by June 12, says Ira Rothken, TorrentSpy’s attorney.
“It is likely that TorrentSpy would turn off access to the U.S. before tracking its users,” said Rothken. “If this order were allowed to stand, it would mean that Web sites can be required by discovery judges to track what their users do even if their privacy policy says otherwise.”
This action follows MPAA action in 2006 against several BitTorrent sites, TorrentSpy included. According to the MPAA, Torrentspy helps others commit copyright infringement by directing people to sites which enable them to download copyright material, an offense claims the MPAA, of secondary copyright infringement.
At the time, Rothken said “It [TorrentSpy] cannot be held ‘tertiary’ liable for visitors’ conduct that occurs away from its web search engine”. TorrentSpy claims it did nothing illegal and suggested the MPAA should sue Google.
An attorney with the Electronic Frontier Foundation referred to the order to demand a defendant log visitor activity and then hand over the information to the plaintiff as “unprecedented.” He continued “In general, a defendant is not required to create new records to hand over in discovery. We shouldn’t let Web site logging policies be set by litigation”
One way or another, it seems that the MPAA is determined to obtain information about TorrentSpy and its users. A complaint issued by TorrentSpy suggests the MPAA paid a hacker $15,000 to steal e-mail correspondence and trade secrets. The hacker admitted that this was true.
Previously: Pirates Gather at First International Pirate Party Conference
Next: TorrentPod Episode 38
81 Responses
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These guys really do not read any of the academic liturature on the ineffectiveness of punishment-based retribution or gestapo tactics. What they are doing is not working, and it will never work. Unfortunately, they and our government have about the same ideas about how to deal with everything - throw someone in prison. The two tend to enable one another.
[quote comment="112198"]UH OH,..the grammar police have should up as well. We’re really in for it now! MUHA[/quote] man you need a spelling lesson it is grammer not grammar and “showed” not should… you fucking slack jawed yokle i figured a backwoods hill billy like yourself would have known,it doesn’t hurt to be wrong we are only human
Grammar is spelt with an a. English is the language of England. Therefore english spelling applies.
Hrm. Should I be worried?
[quote comment="112307"]man you need a spelling lesson it is grammer not grammar and “showed” not should… [/quote]
Actually, YOU’RE the slack-jawed hillbilly. Grammar is spelled with an “a”, not an “e”.
[quote comment="112307"][quote comment="112198"]UH OH,..the grammar police have should up as well. We’re really in for it now! MUHA[/quote] man you need a spelling lesson it is grammer not grammar and “showed” not should… you fucking slack jawed yokle i figured a backwoods hill billy like yourself would have known,it doesn’t hurt to be wrong we are only human[/quote]
Furthermore, it’d be “shown” as well as “yokel”, not “yokle”.. Keep up the good work. [/sarcasm]
Fuck The MPAA!!! That is why ThePirateBay.org RULES!!!
So why doesn’t TS file charges against the MPAA for violating the DMCA by having a hacker break into their system? Other charges also apply, including criminal damage, corporate espionage, and terrorist activities.
TS could own the MPAA if the hacker story is true.
and I said DMCA because I believe that there is some rule against breaking encryption? Like the kind used to protect email?
well dman, this makes me happy i live in canada
Grammer
http://dictionary.reference.com/browse/Grammer
is a town
Grammar
http://dictionary.reference.com/browse/Grammar
is what in reference here..
anyways, breaking one law to prevent the breaking of another.. sounds like an American MO for business as usual .
MPAA is like SGAE in Spain.
These actions violate peoples’ rights and both organizations should be abolished. They just want money and more money. That’s all. No matter peoples’ privacy or freedom.
All my support from Spain.
Have you seen any record company or movie “maker” company closing their door or declaring bankruptcy becuase of their loses on pirating their work, i believe this unpopular organizations are looking just for a little bit money……. “don’t they have enough?”
Poor Judge Jacqueline Chooljian: Practising law without understanding it. What’s to bet by this afternoon her face is photoshopped onto a whole lot of pr0n?
https://mylaw.usc.edu/userfiles/Image/JudgeChooljian.jpg
TS is Facilitating, profiting and actively working on increasing the amount of pirated content distributed. And yet some of you people are so naive to think they will get away with this in the end? Come on! you can try and spin it as much as you want, but TS is making a LOT of money off their banners and affiliate links, and doing that by facilitating the service of sharing pirated content.
This is a funny case, how TS said they should sue G*ogle.. And then G*ogle would say sue someone else.. haha. the blame would be shifted, as websites can claim that its not their fault that people download content–that instead, they act simply as search engines. i’m not sure, but isn’t all this happening because of that crappyass act : Patriot act, which allows all that spying business?
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