In the decision, Judge Stephen Kelleher disagreed with Crookes, as he ruled that linking to other websites does not amount to publication. Since ‘publication’ is needed to prove defamation, Crookes simply has no case. Judge Kelleher writes in the decision: “Although a hyperlink provides immediate access to material published on another website, this does not amount to republication of the content on the originating site. This is especially so as a reader may or may not follow the hyperlinks provided.”

This is a landmark decision for freedom of speech on the Internet. It goes even further though, since it is not limited to blogs and news outlets. The judge made it very clear that a hyperlink does not equal publication. This means that the current ruling might be relevant to copyright cases involving BitTorrent sites as well, since they merely link to files and do not host any copyrighted content themselves.

P2Pnet owner Jon Newton told TorrentFreak that he is delighted with the decision. “This is a significant victory for all Canadians, and for freedom of speech online. Because if Crookes had triumphed, the ‘net in Canada would to all intents and purposes have been killed stone dead,” he said, while showing appreciation for the quality of his legal representation. “My Lawyer, Dan Burnett, did a great job. He’s extremely smart and genuinely committed and I was extremely lucky to have him acting for me.”

Crookes has clearly lost this battle, but he is not done yet, as he is still involved in lawsuits with Google, Yahoo! and several weblogs including Michal Geist’s. For now things are looking good for our freedom of speech online, let’s hope it stays that way.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

Last week we discovered that Media Defender actively tried to lure people into downloading blockbuster movies from their fake download site, Miivi.com. As expected, only a few hours after we made the news public the site was taken offline.

Media Defender later told Ars Technica that Miivi was an internal project to test out an online video project, but we know better. We’re convinced that they will try this, or a similar trick again in the near future.

Media Defender is hired by companies like the MPAA, BSA and RIAA to track down people who try to download copyrighted content. They record IP-addresses from BitTorrent trackers and other P2P networks. But they also utilize more proactive methods such as uploading fake .torrent files and setting up fake video download sites.

Luckily most BitTorrent site admins are aware of their shady practices and remove these fake files from their sites before they can do any harm. Pirate Bay admin Brokep offered his help to other BitTorrent admins to help them identifying and removing these fake files, he told TorrentFreak:

“Since the Miivi-incident we can’t keep quiet about them anymore. We want their employers to stop using them so they go bankrupt”

To our friends at Media Defender from all of us here at TorrentFreak… We’re watching you…

Update: Media Defender decided to redirect P2P.net to this article, thanks guys.

Whois Info P2P.net

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

From P2Pnet:

I think it's the first survey of its kind and obviously, the more people who respond, the better. So please tell everyone you know about it.

Spin is the, "sometimes pejorative term signifying a heavily biased portrayal in one's own favor of an event or situation," the Wikipedia sums it up, continuing, spin, "often, though not always, implies disingenuous, deceptive and/or highly manipulative tactics." And it's, borrowed, says the post, "from ball sports such as cricket, where a spin bowler may impart spin on the ball during a delivery so that it will curve through the air or bounce in an advantageous manner".

The Sultans of Spin examines spin-doctoring in the pejorative sense --- the art of presenting stuff as it isn't.

The Sultans of Spin Survey.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

Jon seems to be out of options. He’s decided that it’s time to sell the site. On his site, he says that he is “looking for offers starting at $30,000.” Can you really put a price on years of hard work? I don’t know. $30,000 seemed outrageous to me initially, but after thinking about it, I’m not sure. What really got to me was the fact that if the site isn’t bought, he’s going to take it offline. To do that would be a crying shame. Even though people have offered Jon free hosting, he’s made up his mind. The only other option would be for his readers to pool together enough funds and make sure that even if Jon stops writing, the archives remain online.

We decided the best thing would be to talk to Jon himself about his decesion. He was gracious enough to take a few minutes to tell us all about it.

TF: In our minds, p2pnet.net is one of the top 3 filesharing news sites. Why quit the race while you’re in the lead?

Jon: I’m not quitting. This is all about keeping p2pnet online. Getting to this point means I’m already substantially in debt and I just can’t go any further by myself. I need help and if selling the site to keep it online is the only way I can get it, then that’s the way it’ll have to be. If I can somehow get $20,000 Canadian without selling, I’ll be able to hang in for another five months or so. I’ve had several offers for hosting, so I wouldn’t have to worry about that. I’d also try and find someone to take on the tech end, and someone else to look after advertising. In addition, I and a friend on the island recently started up a purely commercial offline project which has zero to do with the Net, p2p or anything else even vaguely like it. So far it’s cost us about $500 so it’s not capital intensive either : ) It’ll be a couple of months before we know if it’s going to take off but if it does, it may well provide funding for p2pnet.

TF: The founders of the popular filesharing application, Kazaa filed a lawsuit against your site last year. Is this one of the things that made you decide to sell?

Jon: Not even nearly. A domain name is a piece of property which can be bought and sold. It isn’t a legal entity like a company which carries with it all of its debts and obligations. If you bought a TV from someone who happened to be in a lawsuit, that doesn’t make you party to, or liable for, the suit. The parties in my case are: JON NEWTON, INTERSERVER, INC., JOHN DOE, JANE DOE, RICHARD ROE and JANE ROE. They don’t include p2pnet.net.

TF: All TorrentFreak posts are published under a Creative Commons license. You often republish our posts on p2pnet.net, and we’re very grateful for this, because in our minds it doesn’t matter if we make a buck off each reader, P2P news is about getting the message out. Don’t you agree?

Jon: I do indeed. Absolutely. Torrentfreak does so well because it’s needed. It fills a gap. Sites like ours are about disseminating good information and unspinning spin —– getting the message out quickly and accurately. We’re not here to beat each other by getting something out ‘first’. I’ve always believed that’s for the lamescream offline media, and people who think like them. We’re here to tell our friends what’s really happening as soon as possible and in as many outlets as possible. We want others to spread the information ASAP.

TF: On your site, you say that you intend to “continue talking” to your reader base. What are your plans for the future and where can people find you once p2pnet.net is sold?

Jon: You know that saying about the Fat Lady? Well, she hasn’t sung yet : ) At this point in time, I’m not thinking much further ahead than the next month or two. If I can survive that, and $20K would do it, I’m pretty sure I’d be able to survive the rest. This isn’t about dying, it’s about changing. I also have another site called p2pnet.ca, which I haven’t even looked at since well before Christmas. If I end up having to sell p2pnet.net, I still have p2pnet.ca and my approach to that would be a bit different: It wouldn’t be full time, and it wouldn’t carry ads. I’d concentrate on my main areas of interest and forget about posting ‘other’ news like what’s happening with Bill and the Boyz, and with iRule Jobs.

TF: Lastly, who do you think is most likely to buy your site? A large Internet portal? Or a blog network like Weblogs, Inc? Personally, I think p2pnet.net would be a great addition to their network, since their P2P blog was shut down last year. They also have the backing of AOL, if they ever needed a team of ferocious lawyers.

Jon: I really don’t mind who gets involved, or whether they’re the owner or an investor. I know this sounds arrogant, but I believe losing p2pnet would be a serious blow to freedom of speech online. There aren’t many dissenting voices and we can’t afford to lose even one. So Big or Small, as long as it helps me to keep p2pnet online.

TF: Thanks, and all the best!

Jon: Cheers!

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

The data is collected by Big Champagne, the numbers of seeds and peers is the average swarm size of the torrents during the last week. Check out Infofilter for daily updated BitTorrent Charts statistics.

thanks to p2pnet

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

That I feel this is kinda big, is an understatement.

Now – Jon Newton have been writing about Sharman Networks on occasion. As Jon said as much that it wasn’t him in particular or anything he wrote, I guess the next step of sleuthing would entail travelling through the comments from readers, specifically on articles regarding Sharman Networks. Not that I expect to find a Jane or John Doe, listed as was listed defendants by the way (déjavue), but it would be interesting to know what exactly could have been written to warrant silencing one of the more (as I like to call him) outspoken voices in file-sharing world.

I’ve sent a note to Jon telling him about my findings, hoping to find out more. Didn’t get more than a “I had a feeling this would happen sooner or later, this is the internet after all.” Let’s hope that more information will find its way online eventually.

p2punite

—

Update from Jon (p2pnet):

One of the things I’m required to do as the defendant in the civil libel lawsuit being brought against me by Kazaa owner Sharman Networks and Kazaa ceo Nikki Hemming is file what’s called an ‘appearance’.

I’ve done that and it tells Sharman and Hemming I’m going to defend myself.

I’ve now had several responses from lawyers who may be willing to represent me. But there are costs involved, and they’ll be hefty.

So although I really hate to do it, I’m going to have to ask readers, or anyone else with a more than just a passing interest in online freedom of speech and/or confidentiality, to give me a hand with a donation.

My friend Jason Rohrer, who created the MUTE p2p application and who wrote the code for the Patti Santangelo Fight Goliath fund, has put a p2pnet contributions script together and I hope to have it online by around the middle of next week.

That’s all I want to say for now, but stay tuned.

Cheers! And thanks to everyone for letting me know there are people out there who give a damn.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.