02-03-2009, 21:02
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#1
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pirate bay in court
the trial of the pirate bay file sharing site is into it's 10th day,this is expected to be a landmark case in that it will probably set a precident throughout the rest of europe.
I wondered why the major entertainment companies sony/walt disney/parmount/ect. don't follow their lead and host a site along the same lines as tpb instead of chasing them for compensation of copyright infringement
they would make millions in advertising revenue ,tpb made 5-10million kroner (prosecuters best guess)last year alone,and there only small time, imagine what a big corporation would make if it marketed file sharing properly and legally, they could offer free downloads of music and films in return for vast amounts of advertising revenue,because in my view they will never stop it so they might aswell join it.
Also i wondered what will happen to search engines that link you to sites that offer illegal downloads,they must be held partly accountable aswell
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02-03-2009, 21:14
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#2
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cf.geek
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Re: pirate bay in court
The Pirate Bay uses the BitTorrent network, which cannot be governed due to the way it has been designed. (Or at least that's what I've been lead to believe) So people such as Sony, Walt Disney, Paramount and all that wouldn't profit from it. Once someone has one file, they then host parts of that file to other people. That
means two people then have that file, and those two host small parts to other people, and so on and so forth.
If they charged people to gain the link of the file...people could just illegally pass that link to other people. Torrents can be downloaded on various clients, so all a person needs is to share the link and other people can download it.
I believe The Pirate Bay earn their money from advertising revenue.
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02-03-2009, 21:35
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#3
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Re: pirate bay in court
hi CHILL,what i meant was if they had a site the same as minova/pirate bay ..basicaly did what they do exactly.. they could bring revenue in from advertising the same as minova /pirate bay are doing now
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02-03-2009, 21:40
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#4
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Trollsplatter
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Re: pirate bay in court
Quote:
Originally Posted by martyh
the trial of the pirate bay file sharing site is into it's 10th day,this is expected to be a landmark case in that it will probably set a precident throughout the rest of europe.
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Which court are they appearing in? I can't see how a domestic court in any European county could set a precedent that would carry much weight in any other country. Each country has its own copyright legislation and its own body of case law to draw on. Precedents, should they be required, would be drawn from each country's own case law and only in rare and difficult cases might decisions in foreign courts be cited. And then only in foreign courts whose legal system is generally considered compatible with the court whose judgement is being cited.
Incidentally, England's system, based on common law, is different to and therefore largely incompatible with the law of most European countries for precedent purposes. You're more likely to find an English judge citing a case from the USA than anywhere in Europe.
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02-03-2009, 23:29
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#5
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Re: pirate bay in court
Chris, it's a Swedish court. The prosecutors are trying to push US-style court tactics and it isn't washing with the judge or the defense. So far, TPB are holding up well!
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03-03-2009, 00:56
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#6
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Inactive
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Re: pirate bay in court
A little story about the court case. TPB brought in an expert witness who tore really embarassed the prosecution and tore them to shreds. When the judge asked if he wanted compensation for his expenses, he said jokingly "Nah, just send some flowers to my wife if you want". The court case was being broadcast online and within hours hundreds of bouquets of flowers were ordered.
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03-03-2009, 08:27
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#7
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cf.geek
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Re: pirate bay in court
Quote:
Originally Posted by CHiLL
The Pirate Bay uses the BitTorrent network, which cannot be governed due to the way it has been designed. (Or at least that's what I've been lead to believe) So people such as Sony, Walt Disney, Paramount and all that wouldn't profit from it. Once someone has one file, they then host parts of that file to other people. That
means two people then have that file, and those two host small parts to other people, and so on and so forth.
If they charged people to gain the link of the file...people could just illegally pass that link to other people. Torrents can be downloaded on various clients, so all a person needs is to share the link and other people can download it.
I believe The Pirate Bay earn their money from advertising revenue.
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You're obviously not a member of a private tracker then You cant simply give someone else the torrent you used to download a file from a private tracker.
It's not a lot of work, but you'd have to physically create a new .torrent yourself and seed it. Granted, that wouldn't be a problem for any of the scene groups, but neither is renting a DVD, ripping it and upping it either. Just the same thing really by a different means.
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03-03-2009, 11:43
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#8
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Re: pirate bay in court
Quote:
Originally Posted by Chris
Which court are they appearing in? I can't see how a domestic court in any European county could set a precedent that would carry much weight in any other country. Each country has its own copyright legislation and its own body of case law to draw on. Precedents, should they be required, would be drawn from each country's own case law and only in rare and difficult cases might decisions in foreign courts be cited. And then only in foreign courts whose legal system is generally considered compatible with the court whose judgement is being cited.
Incidentally, England's system, based on common law, is different to and therefore largely incompatible with the law of most European countries for precedent purposes. You're more likely to find an English judge citing a case from the USA than anywhere in Europe.
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i would suspect that a succesfull prosecution of tpb will affect other european countries by that i mean they will be more likely to prosecute and introduce new legislation to prosecute people who contribute to these sites.
Already we here rumours of virgin and other isp's blocking these sites.I personaly do not think they are or can at the moment but depending on tpb's case how long will it be before isp's are allowed to block file sharing sites
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04-03-2009, 02:53
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#10
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cf.geek
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Re: pirate bay in court
Quote:
Originally Posted by martyh
i would suspect that a succesfull prosecution of tpb will affect other european countries by that i mean they will be more likely to prosecute and introduce new legislation to prosecute people who contribute to these sites.
Already we here rumours of virgin and other isp's blocking these sites.I personaly do not think they are or can at the moment but depending on tpb's case how long will it be before isp's are allowed to block file sharing sites
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All they can do, or will do, is block it at DNS level. Easy ways around that though.
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04-03-2009, 18:49
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#11
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Re: pirate bay in court
It would appear to me that whichever way the trial goes there needs to be a global re-think of the way that music and movies are sold.It seems obvious to me that the internet will play a larger part in selling and obtaining them.It won't be long before the high street outlet is a thing of the past. Except for hardened collectors who still wan't disc and vinyl most of the entainment media will be downloaded,a huge proportion already is legaly,so why doesn't the industry accept that they need to change the way their product is sold so they can compensate the right's owners regardless how the product reaches the end consumer
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17-04-2009, 10:35
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#13
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Re: pirate bay in court
American Film industry wins again.
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17-04-2009, 10:43
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#14
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Re: pirate bay in court
They didn't win yet, they just forced a silly appeal. Then an appeal of the appeal, etc.
Even when (if) it reaches the European Court of Justice, they still won't really have "won", because other sites will come along to replace it. They are like roaches. Stamp on one, and 10 more come crawling out from under the <generic trash item>.
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17-04-2009, 11:03
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#15
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free the pirate 4
SHAME !!!!!!!!
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