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Police Raid 9-Year-Old Pirate Bay Girl

torrentfreak.com

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Re: Police Raid 9-Year-Old Pirate Bay Girl

#141

Post by Dylan16807 »

dalore wrote: post #97
chacham15 wrote: post #94

Earlier quoted context omitted.

Not exactly, a contract must bind both parties to do something. You cant have a contract which states "you give me money and you dont say anything about it." It must also bond the other side: "and in return I will not sue you for piracy committed on the date of..."

A contract is a list of demands (amongst other things). It can't be enforced until you agree to the contract. Until then it's just a demand.

You missed chacham's point. You are right that both parties have to agree to make a contract. But on top of that it's not a contract unless both sides get something out of the deal. If you sign a piece of paper to exchange $10 for nothing, it's not a contract.

Re: Police Raid 9-Year-Old Pirate Bay Girl

#142

Post by jasonlotito »

spindritf wrote: post #109
gingerjoos wrote: post #50

Earlier quoted context omitted.

I'm wondering if the backlash might actually be a good thing. If this sort of backlash becomes common, there will be a disincentive for artists to sign up with records who indulge in such nonsense. Perhaps the system will adapt such that prosecutions like this would be eliminated.

> there will be a disincentive for artists to sign up with records who indulge in such nonsense No, there won't be. The recording companies will keep doing what they do and the artist will occasionally tweet how awful it is but they can't do anything about it since it's the big bad corporation. The company will take the blame along with its cut.

I've mentioned it before, and I'll say it again: hold the artists accountable. They are the one these organizations are speaking on behalf of. Call them out on their tweets about how they support this directly.

Re: Police Raid 9-Year-Old Pirate Bay Girl

#143

Post by jlgreco »

benohear wrote: post #116
pg wrote: post #107

This is the reductio ad absurdum of current law. We need to work more actively to make this sort of thing stop. There are a range of solutions. We could try to change the laws. We could develop technology that would make it harder to catch file-sharers. We could attack the labels directly by trying to pinch off the sources of their revenue. I'm not sure which would work the best. My guess is that they're better at ma…

How about a lawsuit insurance scheme? Pay $X per month and if you get sued the insurance company will take the case to court and pay any damages. This would kill the effortless €600 extortion scheme, and probably also DDOS the court system. Possible backfire: It makes the labels even more lawsuit happy knowing that there is a pile of cash there if they win, and / or the cash reserves of the insurance are not sufficie…

I suspect that lawsuit insurance already exists, probably meant for businesses. I wonder how much convincing insurance companies would need to offer this to consumers. Maybe there is some reason they don't think it would be a very good deal for them, or maybe they simply haven't perceived a demand and haven't bothered offering/advertising it as a result. Perhaps worth looking into, if you have enough assets already that a lawsuit would present a large concern.

Re: Police Raid 9-Year-Old Pirate Bay Girl

#144

Post by jlgreco »

kijin wrote: post #32
DanBC wrote: post #11

The age of criminal responsibility in Finland is 15. So I'm at a loss at what is going to happen to this 9 year old girl. Certainly downloading music without paying for it is wrong. But there are much better ways of dealing with this than sending in the police. And justice needs to be public. (With a few rare exceptions). Forcing people to sign NDAs is creepy and weird. I'd be interested to know what would have happe…

I don't think this happened because the girl downloaded music. She got into trouble because she used BitTorrent which, by default, makes you upload everything you download. The MAFIAA goes after uploaders, not downloaders. If the girl had used something like MegaUpload to download all her music, all her troubles would never have happened. Therefore, I don't think it would change anything (from a legal point of view,…

In the US they have (recently unsuccessfully, thank god) gone after people who did not upload but merely "made available" for upload. The idea being that even if you didn't upload, but there was the possibility that you could have, they still will come after you.

How can this work in the context of bittorrent? Well, imagine an unpopular file with say 5 seeders, all with 100% of the file, and no leachers. You fire up the torrent, download the file from 5 different people, "seed" for a few minutes with no takers because you were off making dinner, then return to your computer and close your torrent client. You have just "made available" for 5 minutes, even though you never distributed anything.

Yeah, this crap has been thrown out recently, but that won't stop them from sending you "pre-litigation letters" demanding money, or from even hauling you off to court and forcing you to defend yourself.

Re: Police Raid 9-Year-Old Pirate Bay Girl

#146

Post by [deleted] »

pg wrote: post #107

This is the reductio ad absurdum of current law. We need to work more actively to make this sort of thing stop. There are a range of solutions. We could try to change the laws. We could develop technology that would make it harder to catch file-sharers. We could attack the labels directly by trying to pinch off the sources of their revenue. I'm not sure which would work the best. My guess is that they're better at ma…

[deleted]

Re: Police Raid 9-Year-Old Pirate Bay Girl

#147

Post by kindalu »

yason wrote: post #125
pg wrote: post #107

This is the reductio ad absurdum of current law. We need to work more actively to make this sort of thing stop. There are a range of solutions. We could try to change the laws. We could develop technology that would make it harder to catch file-sharers. We could attack the labels directly by trying to pinch off the sources of their revenue. I'm not sure which would work the best. My guess is that they're better at ma…

Indirect networking much like Tor or I2P. Translated to BitTorrent, everyone would be using just one extra hop to keep the speeds up but passing around encrypted packages for others would create plausible deniability. You can claim you don't know what the packet that you routed contained, because you can't know that. You can't be held liable for routing traffic per se, much like ISPs aren't liable for routing traffic…

Winny was very popular in Japan. http://en.wikipedia.org/wiki/Winny

Re: Police Raid 9-Year-Old Pirate Bay Girl

#148

Post by steelcm »

benohear wrote: post #116
pg wrote: post #107

This is the reductio ad absurdum of current law. We need to work more actively to make this sort of thing stop. There are a range of solutions. We could try to change the laws. We could develop technology that would make it harder to catch file-sharers. We could attack the labels directly by trying to pinch off the sources of their revenue. I'm not sure which would work the best. My guess is that they're better at ma…

How about a lawsuit insurance scheme? Pay $X per month and if you get sued the insurance company will take the case to court and pay any damages. This would kill the effortless €600 extortion scheme, and probably also DDOS the court system. Possible backfire: It makes the labels even more lawsuit happy knowing that there is a pile of cash there if they win, and / or the cash reserves of the insurance are not sufficie…

I doubt this would work. If you are not willing to pay for a CD,DVD, Software...etc why would you shell out on a monthly basis on the off chance that you are caught?

Re: Police Raid 9-Year-Old Pirate Bay Girl

#150

Post by ZoFreX »

aes256 wrote: post #66
ZoFreX wrote: post #53

Earlier quoted context omitted.

I would guess that they seized all of the computers in the house. Where I live (the UK), that seems to be SOP for crimes involving computers - they take your computers, gaming consoles, ipods... Oh, and you don't get them back.

Once investigations are complete you should have your property returned. As absurd as it sounds, it does make sense to seize all property capable of storing data, and that includes games consoles, iPods, etc.

"Should" is the important word in that sentence - there doesn't seem to be any guarantee, here.

I totally agree re: data storage, for serious crimes at least.

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