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Swedish Police Raid the Pirate Bay, Site Offline

torrentfreak.com

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Re: Swedish Police Raid the Pirate Bay, Site Offline

#122
post #102
post #99

Earlier quoted context omitted.

I disagree... Sharing has been part humanity since the dawn of the human race. It is just easier to share things with more people now.

That's a variant of "information wants to be free," which is an argument from the naturalistic fallacy. The question isn't "what's natural" or "what's easy." It's "what benefits the human condition?" Do we want a culture where artists can make careers out of creating great art, or do we want a culture where there's no money in that so it doesn't get done by anyone except trust fund kids and people who are willing to…

I don't think that copyright (or patents) are the only way (or even a good way) to allow creative professionals to have lucrative careers. Copyright may be "what's easy" but it isn't what is right and it's only been around for a relatively short cultural time period during which is hasn't been particularly successful in supporting artists who weren't "picked" by the gatekeepers (publishers, record labels, etc).

Enforcing copyright pits the artist against their audience and limits the access of impoverished people to our cultural commons. Relying on copyright (ownership of information) to provide revenue steams tends to benefit that 0.1% (owners), not the 99.9%.

We are in the process creating new ways to reward artists for their work.

Non-attribution is an entirely different beast from piracy. Passing someone's work off as your own is despicable. Sharing someone's work, with their name attached, should be lauded.

Re: Swedish Police Raid the Pirate Bay, Site Offline

#123
post #68

Earlier quoted context omitted.

It's a common mistake by techies to think that technical details make a difference in (Swedish) court. They don't. Technical details are rarely important in Swedish court, where the court is free to consider all evidence, even if it's obtained illegally or just is weird. So called "technical evidence" is rarely "technical" for techies. It's often just HTTP logfile print-outs or a screen shot of a file sharing program…

Seriously, why is people pirating that crap? Throw out the TV and stop going into that what is just a bad copy of every other movie out there already. The same goes with games. They just get more and more shallow as the grafics get pumped up. Every shared movie/game is another proof for the producers that they are creating something that people wants. If people finally would vote with their wallet instead of going fo…

We do have quality games and movies, but not all movies and games are going to be considered of a high quality by all people.

Re: Swedish Police Raid the Pirate Bay, Site Offline

#124
post #106

Earlier quoted context omitted.

It's a common mistake by techies to think that technical details make a difference in (Swedish) court. They don't. Technical details are rarely important in Swedish court, where the court is free to consider all evidence, even if it's obtained illegally or just is weird. So called "technical evidence" is rarely "technical" for techies. It's often just HTTP logfile print-outs or a screen shot of a file sharing program…

> It's a common mistake by techies to think that technical details make a difference in (Swedish) court. Or, you could say that it's a common mistake by courts to think that technical details shouldn't matter.

It's a mix of both. There are judges that don't care about the technical details -- that's wrong. But there are also people who think they won't be convicted of a crime because of an irrelevant technical detail. The fact that you disclosed the existence of a secret warrant by removing your warrant canary, for example, is highly unlikely to make a judge think you did nothing wrong.

The argument that the Swedish judges and prosecution make is that, though ThePirateBay does not necessarily host the pirated content, the site causes pirated content to be disseminated massively, and it exists solely to facilitate piracy. I don't personally agree with this, but I can't deny it's pretty hard to refute this claim when you literally named your website "The Pirate Bay."

Re: Swedish Police Raid the Pirate Bay, Site Offline

#126
post #62

Earlier quoted context omitted.

It's a common mistake by techies to think that technical details make a difference in (Swedish) court. They don't. Technical details are rarely important in Swedish court, where the court is free to consider all evidence, even if it's obtained illegally or just is weird. So called "technical evidence" is rarely "technical" for techies. It's often just HTTP logfile print-outs or a screen shot of a file sharing program…

now explain how that is different from anywhere in the world...

In the U.S., you have strict evidentiary rules and the opportunity to get expert testimony into the record. If the judge doesn't know HTTP from UDP, you get a Stanford PhD expert witness to explain it. If your opponent mischaracterizes the distinction, you comb over the transcripts and get your expert to submit a declaration picking apart each instance of mischaracterization. Everything goes in a voluminous record that is dissected on appeal.[1]

In my opinion, in the U.S., courts rarely get technology straight-up wrong. What technologists call "not understanding technology" is usually more an artifact of judges not sharing the same values. I.e. just because a judge understands the difference between a torrent and the actual file doesn't mean they're going to be sympathetic to an "information wants to be free" attitude towards copyright.

[1] Of course, this is one reason litigation in the U.S. is so expensive and time-consuming.

Re: Swedish Police Raid the Pirate Bay, Site Offline

#127
post #62

Earlier quoted context omitted.

It's a common mistake by techies to think that technical details make a difference in (Swedish) court. They don't. Technical details are rarely important in Swedish court, where the court is free to consider all evidence, even if it's obtained illegally or just is weird. So called "technical evidence" is rarely "technical" for techies. It's often just HTTP logfile print-outs or a screen shot of a file sharing program…

now explain how that is different from anywhere in the world...

It's not, but depending on the country not every judicial system has the same weird regulations as the US one. For example hearsay, evidence without a clear chain of custody, and many other things that would be thrown out of a US court are accepted in most other western countries. The Judges know how to deal with that evidence and under which circumstances except it or not, some one lost a tag on an evidence bag doesn't really scares them, the evidence came from an "unofficial" source, as long as it's credible they'll take it in and so on.

Re: Swedish Police Raid the Pirate Bay, Site Offline

#128

Earlier quoted context omitted.

I'm imagining a Daemon (as in the Daniel Suarez book) like system that gets paid by web advertising companies in Bitcoin, and automatically spawns it's servers on cloud providers who accept payment in Bitcoin. One or more hot backups on a single VM would silently wait for the live system to go down, then respawn itself and switch over the DNS. Namecoin could be used in place of, or augmenting, traditional domain name…

You might be interested in Charles Stross's "Accelerando", where he posits a similar system of python scripts acting as decentralized companies, constantly shuffling ownership of themselves among themselves. It's been too long since I've read it, so I forget what the actual point was.

Ironically enough, sub-second music IP rights swap between the shell corps, so as to dodge any lawsuits getting anything out of them.

Worked great too, unless you discount the whole "convert the earth into computronium" in later chapters implying it's origin from the same subsystems.

Re: Swedish Police Raid the Pirate Bay, Site Offline

#129
post #119
post #84

Earlier quoted context omitted.

You mean, like Google? Of course, they remove the results that are DMCA-d, but in the mean time, 10 new links appear.

Huge difference man. Google's business is not centered around providing pirated material. The fact that it happens is accidental. The pirate bay, on the other hand, (as clearly suggested by its name), does infact center around providing access to pirated material.

Not really; it centers on providing access to material that it's users want (except certain categories, e.g. child pornography). The fact that it's mostly pirated content stems mostly from the fact that it's prohibited almost everywhere else on the internet.

But, your point is very important in a legal sense - a simple, but effective way to build a better TPB would be to center it around some other cause, and have it accidentally be used for piracy.

Re: Swedish Police Raid the Pirate Bay, Site Offline

#130
post #68

Earlier quoted context omitted.

It's a common mistake by techies to think that technical details make a difference in (Swedish) court. They don't. Technical details are rarely important in Swedish court, where the court is free to consider all evidence, even if it's obtained illegally or just is weird. So called "technical evidence" is rarely "technical" for techies. It's often just HTTP logfile print-outs or a screen shot of a file sharing program…

Seriously, why is people pirating that crap? Throw out the TV and stop going into that what is just a bad copy of every other movie out there already. The same goes with games. They just get more and more shallow as the grafics get pumped up. Every shared movie/game is another proof for the producers that they are creating something that people wants. If people finally would vote with their wallet instead of going fo…

People DO vote with their wallet by straight up not paying for the material, or did you forget what thread you were in?
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