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Where’s the Warning Letter for the OiNK Uploaders?

This week, many thousands of warning letters will be received by people in the UK accused of sharing files. Each recipient will get the smallest possible slap on the wrist. Yet today another police bail deadline will come and go for six people accused of doing exactly the same on OiNK. Don’t they deserve letters too?

oinkToday, Alan Ellis, the owner of OiNK, will have his bail extended for an amazing fifth time.

Cleveland police, having originally stated that the charges against Alan would be revealed December 2007, extended the bail for another for two months, only to extend it again until May and then again until the end of June.

When they still weren’t ready to charge anyone by this date, they extended bail again until July 28th 2008. However, today, the police have extended the date again for Alan, and the other six arrested in connection with the case.

The six who were arrested, five men aged between 19 and 33, and a 28-year-old woman, were done so on suspicion of “Conspiracy to Defraud the Music Industry”, and other copyright offenses.

Repeated in the mainstream press such as the BBC, these allegations of serious fraud take on a really sinister tone, but the reality is somewhat different. At most these individuals did what an estimated 6 million others do in the UK on a regular basis – they simply shared files. None of the six are accused of anything more than offenses linked to the uploading of a single album each, yet today they will report again to the police, their lives on hold.

Elsewhere today in the UK, will be the characteristic sound of letters dropping through the front door onto the mat. Some people will be getting bills, others direct mail and junk. Some will be getting well wishes on a happy occasion. Others will be opening an unexpected letter from their ISP which claims they have been caught uploading music by the BPI, that they’ve been very naughty and shouldn’t do it again.

After long negotiations between the music industry and ISPs, along with a considerable amount of government ‘encouragement‘, sending out educational letters was considered a proportionate response to the ‘problem’ of file-sharing. Even the disconnection of uploaders was considered draconian, and there is certainly no suggestion of police involvement.

Shouldn’t the six OiNK uploaders be getting a “friendly” letter and a slap on the wrist too?

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  • Anonymous

    crazy brits and your illegal downloading

  • Mr Roboto

    Americans are against illegal downloading. We had you’re back with the whole “England is going to invade Iraq whether the UN likes it or not” thing but piracy is where our friendship ends.

    Like how I just blamed all our problems on our only allies?

  • digg
  • http://mmoqq.com

    Ridiculous how the government tries to protect the music industry isn’t it? “Conspiracy to Defraud the Music Industry”? Come on.

  • Speaking from Experience

    It’s not “amazing” that the bail terms have been/will be extended, it’s SOP in the UK where evidence is still being gathered by police prior to any charges being brought before being presented to the CPS who ultimately will decide whether or not a prosecution will take place.

  • muuh-gnu

    Thats the beauty of selective law enforcement.

    1. Make laws so silly and so broad (like, prohibit copying information) that practically everybody is “guilty”.

    2. Make the punishments severe beyond any measure (like going to jail for sending someone a file).

    3. Pick only the people you dont like for enforcement and then make examples of them by punishing them “to the maximum extent under the law”.

    3. ???

    4. Fourth Reich!!!1 err… I meant Profit!!!

  • Crynsos

    Just once more, just once more… or 5 times?

    Well, seems like neither the police nor the music industry have any usable evidence… not as if any would exist… probably…

    Well, I really wonder how long this will go on…

  • FuRyluzt

    i think that sucks. Poor guy in jail for nothing..

  • bs

    The people responsible for this should have there cheek bones hit with a hammer.

    If those people were to ruin my life like that, I will personally burn there houses down. You corrupt pieces of shit, I hope you all get your faces ripped off by a shotgun.

    Im gonna download, im gonna upload, im gonna burn, im gonna copy, IM GONNA DO WHATEVER THE F*CK I WANT.

  • fuzzypig

    “Conspiracy to Defraud the Music Industry”??!?!

    Well in that case I’m taking Brittney, Girls Aloud and all the stupid, crap-making, pop-trash, feckwits, who can’t tell one end of a musical scale from the other, to court for EXACTLY THE SAME FECKING REASON!

    I am sick and tired of hearing this crap about “Oh dear the music industry is dying”. No your crap pop-music industry is dying, ‘cos little Johnny and little Mary rip MP3s of eDonkey and Kazza on Mummy and Daddy’s connection. Sorry but other forms of underground music, like indie and metal are thriving because now we the fans can communicate directly with those we choose to support, we pay them for their hard work directly knowing that some fat-arsed, greedy prick music exec ain’t flying down to Rio with his bimbo secretary on my and the band’s hard earned cash!!!!

  • Yer Gonna Hate Me

    Is there any way we can put a Jihad on the RCIAA? A few boom jackets in Executive offices would make the world a much better place, and then those who go would at least deserve it.

  • Whats your favourite hobby sport

    @Mr Roboto

    Was there some message there? Maybe sarcasm?
    Just to clear things up for you. Americas war on WEAPONS OF MASS DECEPTION was started by the yanks. You know the iraq war!!!
    The UK started the war in afgahnistan not in iraq. Blair was the one who said “we will help america in the war to win OIL, sorry I mean against terror”
    Yeah you know what they say ( I cant tell you who they are)about the american military ” all the gear, but no idea” with respect to the savvy american who knows whats what.
    To round it all off, america’s view on file sharing? Fines and imprisonment and maybe guantanamo bay for the extreme uploader. he he he.
    Glad my country doesn’t give a fuck, to a certain extent.

  • Anonymous

    I have a simple discussion forum (no registration required) for discussing these matters:
    http://www.28chan.org/fs/

    In any case, what can we do about this?

  • Anon

    This can go one of two ways, they can either make an example of these people in light in today’s warning letters and anti p2p climate.

    Or they realise that no charges can be given to these individuals and try to sweep the facade under the carpet.

  • Whats your favourite hobby sport

    As my shrink says everything is ok in moderation, alchohol drugs and even torrent freak.

  • kph59

    Such shame, uploading music. I pray that a copy of a letter will be posted somewhere so we can get a good laugh. I get e-mails from Comcast all the time about downloading. I reply with rickroll.avi

  • sharker

    The police dont have enough evidence to pass onto the CPS. They dont need this long – i reckon it will be dropped

  • stalker

    They are ruining his life! They deserve death!

  • enter8

    I’m with #5 on this one. As much as one would like to think the delay could mean the government is having trouble building a case or that it might be dropped, it’s really just a typical legal delay.

    Considering the amount of crap that was probably on Oink’s servers (the discussion forums alone are probably staggering), it only makes sense that they’d take their sweet time sifting through it.

    This will see it’s day in court. Sad, but true.

  • Anonymous

    “To round it all off, america’s view on file sharing? Fines and imprisonment and maybe guantanamo bay for the extreme uploader. he he he.
    Glad my country doesn’t give a fuck, to a certain extent.”

    I don’t know if you’re American (Probably not, given your spelling of ‘favorite’), but TONS of people file share in the US, and only big uploaders/releasers get fined and sent to jail. The police have never arrested someone for uploading a single album, like they did over there. We DO have quite a bit of lawsuits/warning letters from ISPs, however.

  • Simcoe

    I can only hope those 6 people aren’t living bad because of this. I know for a fact having a pending legal issue can be pretty hard.

  • Turbo

    “Today, Alan Ellis, the owner of OiNK, will have his bail extended for an amazing fifth time.”

    No right to a speedy trial in the UK.

  • Gaz

    @22

    Yeah, this time till the 10th of September haha.

  • Destruction

    Violence is needed to free him, start hurting people responsible for this, thats the only message they will understand.

    People need to learn that when you do stupid shit, you get hurt. Thats how people stay in there place. When you take away consequences.. you end up with shit like this, people walking all over him and he can do nothing about it.

  • yanksuck247

    your a mug Mr Roboto!

  • People > System

    It’s a bit like Iraq. Storm in there to destroy the system, then when the dust settles just try to come away from it looking like what you did was right.

    I’m sure they’ll think of something.

  • Anonymous

    So, are at a police state yet or not? How much worse can it get over there?

  • Rekrul

    The article has it backwards; The BPI doesn’t want to treat the OiNK users like everyone else, they want everyone else accused of file sharing to be treated like the OiNK users.

  • oneplusone

    Habeus corpus already. I don’t know Brit law from a hole in the wall, but if your system does this to people merely ‘accused’ of crimes, you got WAAAYYY bigger problems, folx. Like a dysfucntional legal system….

  • zarathustra

    It’s obvious, with all of this time the pigs had to collate data & charge the guys, & not a peep from the CPS, that the case will be dropped.

    Oink arrestees FTepicW!!!1onetwo!

  • Anonymous

    They deserve jail for what they have done! How dare they… C… C… Copy… Something!!! Copying something is the exact same as taking something! There is no difference at all, they are 100% the exact same thing.

  • NastyBedazzler

    I didn’t read the other responses but this was a really good article. Good job TorrentFreak!

  • Spotty

    Britain, Australia, Sweden do whatever the US Government tells it to do, which in turn does what US Companies tell them to do. Look at Senator Rockefeller recently – took money from telecom companies then voted on a bill which gave them retrospective immunity. The whole thing is a huge sham, and more ironic when you consider FOX News Limited are routinely stealing IP off little people by running photo competitions where the competitors (not just the winners) lose their copyrights.

    Look at this case: An Aussie who had never been to the US picked up by zealous Australian Police eager to earn points with their US counterparts, shipped off and jailed for piracy (he never made a cent). Shame on them. Australian Citizenship is worth jack sh1t.
    http://www.theage.com.au/articles/2007/05/06/1178390140855.html?page=fullpage

  • kdsde

    @enigmax (or any brit here with knowledge about the aplicable law):

    do I get it right that Alan and the other 6 are are not currently in jail waiting for the procecutor to decide if he will ask a court to do a trial agaisnt them?
    In german that would be called “Untersuchungshaft” if they were held in custody till the trial.

    They are free right now, and “just” have to report to the police regularily so that they not run away to cuba or something, aren’t they?
    And what does the british law say for how often the police can extend that procedure respectively how long can the prosecution wait till they either need to go before a Judge with this shit or have to drop the charges against the accused?

  • Anonymous

    the police and recording industry will never be able to mount a case that will result in a punishment that will serve as an example to the masses. they’re holding these blokes in hopes of doing so but just by the nature of bit torrent file sharing, they don’t have a chance.

    if they want to hold these guys indefinitely, they should have a better reason for doing so. it’s not like they did some extreme act of terrorism or anything (hardy har har to “y’all”)

    the basic fact is that what they were doing represents a change in the industry that’s been a long time coming and to date (i.e. post raid on oink) the industry has taken awkward and reluctant, but clear steps towards embracing this type of file sharing as a marketable distribution model.

    they should just release them. this is just silly

  • AHorribleMan

    mr roboto sucks cock

  • Dave

    Nobody to do with this case is in Jail. They are all on Bail. When the Police extend Bail they have to turn up at the Station with their Brief and sign a bit of Paper extending the Bail and any conditions attached to it. They can get on with their lives, Work, play etc…..

    It’s just a bit of an inconvenience. It does seem like the Police are struggling on this one or they are waiting for 1 piece of evidence that is gonna substantiate the prosecution. I suspect it’s NOT the Latter…….

  • Je

    Mr. Uploader does does the glove fit? :P

  • mericunt

    lmfao poor alan gets bail extended again and what happens here?

    oh yes the americunts decide they are now better off than us hahahaahahahahaaa.. get a life you sad sad gits.

    whats this got to do with the war apart from you fooked up and now as usual try to send the focus to others !!!

  • kdsde

    Jul 29, 2008 at 09:28 by Dave

    Thanks for that clarification.
    While me already suspected something like that (+), it is important to point that fact out when reporting about the case!

    Some rookie filesharers might otherwise get worried to much that the MAFIAA might be already able to treat uploaders like GWB that puts people he does not liek with out trial and without evidence behind bars and throws away the key.
    MAFIAA does not have THAT power yet, and you people do not need to accept when they go for such a law like bush did. The radical islamists might not like most of you radical christians, but they will not bomb you jsut becuase you infringe copyrights on shitty product from MAFIAA!

  • kdsde

    (+)
    a while back a german court came to the conclusion that filesharing aka “copyrightinfringement” for non-commercial gain in a way we talk about here, is NOT the hard core criminal behaviour that the MAFIAA likes it to paint.
    The court held that the measures that german penal code/regulations allow for “real” criminal acts like snoop the conversation habbits of a suspect (i.e. IP address -> RL address matching actions of the prosecutors office) are NOT reasonable since doing copyrightinfringement like that is petty crime “Bagatellkriminalität” where the court that forbid the DA to get the address data compared it to the “stealing of a pack of chewing gum” which would also not warrent such harsh measures like the MAFIAA would like to see just so their obsolete business modell bets governmental protection from evolution and technological advancements.
    Thank god some german judges are smarter then US politicos like Leahy(1) and the usual suspects for being bribed that sponsored his bill too.

    (1)http://leahy.senate.gov/press/200807/072408a.html

  • Anonymous

    i think this a step back wards, and it is to help companies like apple and the other who are starting to sell films in download format. they had the chance to end this when in the very begin, but instead they have tried take over p2p and use it for themselfs. it called greed

  • Fox

    Most people are not on the creative side of consumerism, and so they don’t understand that lots of people put everything they have into their art. Copyright infringement is stealing, and there’s no way you can explain your way around it. I’m not a big name artist, and you’ve probably never seen one of my paintings or photographs, but it would rock the boat greatly for someone else to make money off my hard work even when I don’t. Ultimately, I blame the ISPs who get much of their money from constant downloaders who would otherwise spend the monthly subscription money on CDs, DVDs, games, ect. Online IS the new medium, and as such, i would want my cut.

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