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Heroes Community > Other Side of the Monitor > Thread: The case against TPB - Part 2
Thread: The case against TPB - Part 2 This thread is 2 pages long: 1 2 · NEXT»
del_diablo
del_diablo


Legendary Hero
Manifest
posted June 26, 2009 12:49 PM

The case against TPB - Part 2

As of the moment the court has rolled on. The judge Tomas Norström, who was in charge of the last session are now declared to have taken sides(remember, i suck at translating), and thus making the last round in court non-valid.
TPB are now file a charge against the Swedish legal system for having sent in a incompetent judge, to the EU's commission of human rights.

Going by Swedish law, TPB has yet to commit a crime. They are hosting a torrent tracker which is nothing more than a linker, and they are removing all links to child porn that is reported. Add on that DMCA does not cover Sweden, as in most European countries.
They are not hosting a FTP server, which makes the common accusations having no basis nor in support in the law.

So the court rages on.
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TheDeath
TheDeath


Responsible
Undefeatable Hero
with serious business
posted June 26, 2009 05:09 PM

Awesome, good luck to them
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Doomforge
Doomforge


Admirable
Undefeatable Hero
Retired Hero
posted June 29, 2009 09:50 AM

Going by law, they are innocent. I can't believe how powerful the record lobbies must be.

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DagothGares
DagothGares


Responsible
Undefeatable Hero
No gods or kings
posted June 29, 2009 11:43 AM

Quote:
Going by law, they are innocent. I can't believe how powerful the record lobbies must be.
You can definitely make a case that they are an accomplice.
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Doomforge
Doomforge


Admirable
Undefeatable Hero
Retired Hero
posted June 29, 2009 02:12 PM

Well true, but why do courts need to resort to uncle Stalin's methods?

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TheDeath
TheDeath


Responsible
Undefeatable Hero
with serious business
posted June 30, 2009 12:31 AM
Edited by TheDeath at 00:31, 30 Jun 2009.

Quote:
You can definitely make a case that they are an accomplice.
Which is definitely biased.

Newsflash: Type something in google, followed by "crack" or "warez".

Guess they aren't the only accomplice, is it?
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DagothGares
DagothGares


Responsible
Undefeatable Hero
No gods or kings
posted June 30, 2009 12:45 AM

True, but you take the accomplices you can get.
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TheDeath
TheDeath


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Undefeatable Hero
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posted June 30, 2009 12:54 AM

Nasty bias
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del_diablo
del_diablo


Legendary Hero
Manifest
posted June 30, 2009 01:24 PM

Quote:
True, but you take the accomplices you can get.


Their as accomplices as Google or any searching engine.
Quote:
From: "Internet 2" <internet2@microsoft-antipiracy.com>
Sent: Friday, February 20, 2004 10:15 AM
Subject: Demand for Immediate Take Down - Notice of Infringing Activity - MS
Ref. [snip]


VIA EMAIL:

Demand for Immediate Take-Down: Notice of Infringing Activity

URL: http://tracker.piratbyran.org/torrents-details.php?id=2614,
http://tracker.piratbyran.org/torrents-details.php?id=2969,
http://tracker.piratbyran.org/, http://www.piratbyran.org/
CASE #: [snip]

20 February 2004

Dear Sir or Madam,

This letter serves as notification under the Digital Millennium Copyright
Act, 17 U.S.C. § 512, or equivalent notice provisions of your local law,
that content currently residing within your computer system infringes on the
copyrights of Microsoft Corporation.  Moreover, the source code contains
proprietary  trade secret information belonging to Microsoft.  I am
authorized to act on behalf of Microsoft in this matter.

The infringing material residing on your system is the source code for
Windows 1998, Windows NT, and/or Windows 2000.  This source code,
copyrighted by and proprietary to Microsoft, is on your system at the
following location:

http://tracker.piratbyran.org/torrents-details.php?id=2614,
http://tracker.piratbyran.org/torrents-details.php?id=2969,
http://tracker.piratbyran.org/, http://www.piratbyran.org/
Posting of Microsoft's source code as described above is not authorized by Microsoft, any of its agents, or by law.  Pursuant to this notification, you
should immediately take steps to locate and remove and/or disable access to
the Microsoft source code that is on your system at the web address detailed
above.  As a service provider, you may otherwise be liable for copyright
infringement if, upon obtaining knowledge or awareness of infringing
material being stored upon your network, you do not act expeditiously to
remove, or disable access to, the material.  17 U.S.C. § 512(c).

The information in this notification is accurate.  I swear under penalty of
perjury that I am authorized to act on behalf of Microsoft in regard to its
exclusive rights in the work(s) identified above that I believe has been and
continues to be infringed as described above.

We hereby give notice of these activities to you and request that you take
expeditious action to remove or disable access to the material described
above, and thereby prevent the illegal reproduction and distribution of this
source code via your company's network.

We appreciate your cooperation in this matter. Please advise us regarding
what actions you take.

Yours sincerely,

James Young
Internet Investigator

for Microsoft Corporation
One Microsoft Way
Redmond, WA 98052
United States of America

E-mail: Internet1@microsoft-antipiracy.com




This is quite a good one as an example.
DMCA is not a law, nor is there any similar ridiculess law in Sweden.
They are not having any files regarding this at their server, they are running a torrent tracker not a FTP server.
Since the DMCA is not legal in Sweden, the company cannot demand anything or sue anything.
If this was google receiving this, they would have taken it down since they are covered by DMCA. Not because they are breaking the law in any manner.
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Darkshadow
Darkshadow


Legendary Hero
Cerise Princess
posted June 30, 2009 01:26 PM

Google vs Microsoft...

Now that would be interesting
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TheDeath
TheDeath


Responsible
Undefeatable Hero
with serious business
posted June 30, 2009 05:21 PM

Quote:
If this was google receiving this, they would have taken it down
I'm not so sure about this, Google ain't a small corporation that will fear MS you know. I'm even sure they attempted this

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DagothGares
DagothGares


Responsible
Undefeatable Hero
No gods or kings
posted June 30, 2009 06:13 PM

Quote:
Their as accomplices as Google or any searching engine.


With the difference that google is a search feature for pretty much anything, while piratebay is a search feature for only illegal activity. See where this is different?

Look at why knives aren't banned and guns are
Guns only have the purpose of killing, while knives cut my meat.
Now, if you even dare say this analogy is flawed because guns don't reproduce finished products, then you are just arguing for the sake of arguing. AND NO! I do not compare piratebay to murderers!
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Doomforge
Doomforge


Admirable
Undefeatable Hero
Retired Hero
posted June 30, 2009 06:17 PM

analogy is flawed because guns don't reproduce finished products

Ok I'm not saying this :F

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Darkshadow
Darkshadow


Legendary Hero
Cerise Princess
posted June 30, 2009 07:02 PM

Apparently TPB has been sold to some company.

And A LOT of people are moving to TR.
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TheDeath
TheDeath


Responsible
Undefeatable Hero
with serious business
posted June 30, 2009 07:03 PM

Quote:
With the difference that google is a search feature for pretty much anything, while piratebay is a search feature for only illegal activity. See where this is different?
You can upload any kind of torrent on it. Doesn't have to be illegal.
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del_diablo
del_diablo


Legendary Hero
Manifest
posted June 30, 2009 07:43 PM
Edited by del_diablo at 19:47, 30 Jun 2009.

Quote:
I'm not so sure about this, Google ain't a small corporation that will fear MS you know. I'm even sure they attempted this


Thats true, but its the DMCA we are talking about. That thing will force them to remove the link, they got no choice.

DagothGares: People link ALOT to the piratbay, ex: Linux distroes tend to have a tracker over there. The amount of stuff that "also got a tracker on TPB", is quite the amount. Of both legalities.
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DagothGares
DagothGares


Responsible
Undefeatable Hero
No gods or kings
posted July 01, 2009 12:02 AM

Don't tell me that people who first search stuff on piratebay have perferctly legal intentions
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TheDeath
TheDeath


Responsible
Undefeatable Hero
with serious business
posted July 01, 2009 12:05 AM
Edited by TheDeath at 00:08, 01 Jul 2009.

Quote:
Don't tell me that people who first search stuff on piratebay have perferctly legal intentions
Bias.

Quote:
Thats true, but its the DMCA we are talking about. That thing will force them to remove the link, they got no choice.
http://www.chillingeffects.org/weather.cgi?WeatherID=498
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DagothGares
DagothGares


Responsible
Undefeatable Hero
No gods or kings
posted July 01, 2009 12:10 AM

Well, shall we compare the amount of downloads of a recently released game to perfectly legal open-source downloads? Of course, this is a bold claim, but I consider it naive to believe that the lattr is more used than the former. This is bias, but as a fellow misanthropist you should agree with me.
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TheDeath
TheDeath


Responsible
Undefeatable Hero
with serious business
posted July 01, 2009 12:32 AM

Yes but stuff like that has little (solid) basis, and stuff like that shouldn't be used as support in a court for example. Remember "common sense" may not be so common, and most definitely, it isn't backed up by solid stance very well
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