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MPAA is Awarded $110 Million In TorrentSpy Case

samzenpus posted more than 6 years ago | from the those-who-have-the-money-have-the-power dept.

Media 523

An anonymous reader writes "The MPAA was awarded a staggering judgment in its case against the BitTorrent indexing site TorrentSpy. According to Slyck.com, a judge in California rendered a $110 million victory for the MPAA, and a permanent injunction against TorrentSpy."

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523 comments

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That's all? (0, Funny)

Anonymous Coward | more than 6 years ago | (#23331844)

Why no jail?

Re:That's all? (3, Informative)

DustyShadow (691635) | more than 6 years ago | (#23331856)

Hmm, wasn't this a civil case?

Re:That's all? (2, Insightful)

Weaselmancer (533834) | more than 6 years ago | (#23331936)

Why start playing by the rules now?

Re:That's all? (-1, Troll)

NoobixCube (1133473) | more than 6 years ago | (#23332404)

Everyone knows a little thing like the law means absolutely nothing in court. If laws were any use, we wouldn't need courts to decide who's right, would we?

nice while it lasted (5, Funny)

Pres. Ronald Reagan (659566) | more than 6 years ago | (#23331870)

If only there were other sites to use. Oh well, BitTorrent was good while it lasted.

Congrats MPAA... (4, Insightful)

Anonymous Coward | more than 6 years ago | (#23331874)

You won $110 million from a site that doesn't even exist anymore.

Re:Congrats MPAA... (4, Funny)

Anonymous Coward | more than 6 years ago | (#23332058)

Internet Money FTW!

LOL (5, Insightful)

afxgrin (208686) | more than 6 years ago | (#23331876)

What're they going to do? Confiscate their pencils and sell them on eBay for 5 cents?

I'm sure the defendants have no where near $110 million, and if they have to keep paying it out of income they receive in the future, what's the point of even working?

Might as well squat an abandoned building in New Orleans instead. Move to some remote wilderness area and live off the land. Sounds like much better options than paying that kind of debt down.

Re:LOL (1)

catwh0re (540371) | more than 6 years ago | (#23332222)

I'd move to a foreign country and set up the site again.

Re:LOL (3, Insightful)

Anonymous Coward | more than 6 years ago | (#23332286)

Id prolly just assassinate the judge and all of the MPAA people and their attorneys.

What do you have to lose if you are already wrecked financially for life as you have that on your credit history preventing you from even renting a dump apartment?

Its not just that you have to pay 2/3 your income the rest of your life to the bastards, you will never have one again.

And all this for hosting torrent files? This is bloody insane.

Re:LOL (5, Informative)

JFitzsimmons (764599) | more than 6 years ago | (#23332314)

They didn't host them; they indexed other sites that did.

Re:LOL (2, Interesting)

BiggerIsBetter (682164) | more than 6 years ago | (#23332354)

They didn't host them; they indexed other sites that did.
So, like Google or a myriad of other search sites then? Maybe this was the small fry MPAA wanted to use for precedent, but extorting/suing bigger fish...

Re:LOL (1, Informative)

Anonymous Coward | more than 6 years ago | (#23332436)

IANAL, but it AFAICS bans:
<quote>"Defendant, and its officers, agents, servants, employees, and attorneys, and all those in active concert or participation with Defendant who receive actual notice of this Permanent Injunction shall immediately and permanently be enjoined from directly, indirectly, contributorily, or vicariously infringing in any manner any Copyrighted Works..."</quote>

So presumably, valence media is a proper company, not just a trading name, the MPAA have won against the company, so they have to cease operations (within the US), and their 'officers, agents, employees', must not go about infringing copyrights, but that's presumably when acting in those capacities, not on their own time. Similarly for their attorneys, and 'all those in active concert or participation with Defendant who receive actual notice of this Permanent Injunction' presumably is a fancy way of saying 'the other people named in the suit'.
So all they have to do it jump ship, set up another shell company, and put their expertise to use doing exactly the same thing - the most they lose is the hardware & office furtniture. Next time, they just need to remember to set up shop in a country with less batshit-insane courts.

Re:LOL (5, Insightful)

Anonymous Coward | more than 6 years ago | (#23332360)

And the $110,000,000 is just for infringements on movies belonging to 5 MPAA members.

Wait until the lawsuits roll in from every other movie studio, tv producer, music studio and porn maker that they held torrents for. They're going to end up owing more than the GDP of the world as a whole.

Re:LOL (0)

Anonymous Coward | more than 6 years ago | (#23332468)

So I suppose this means I'm not liable for any infringement I've committed using the site, since the judgment was awarded against them? Surely they can't claim damages twice!

Perspective (5, Insightful)

abscissa (136568) | more than 6 years ago | (#23331882)

To put this is some perspective, the US has offered Burma (Myanmar) $3m in aid.

Re:Perspective (5, Insightful)

icedevil (450212) | more than 6 years ago | (#23331952)

TFA mentions that the MPAA was awarded $30,000 per infringement. So following your lead the US thinks the people of Burma are worth $30 per person (assuming the 100,000 figure is somewhat accurate.)

Re:Perspective (0)

Anonymous Coward | more than 6 years ago | (#23331968)

To put this is some perspective, the US has offered Burma (Myanmar) $3m in aid.
Lmao, what an epic attempt at hijacking of the topic. I support this thread.

Re:Perspective (4, Informative)

DAldredge (2353) | more than 6 years ago | (#23332008)

That isn't the complete picture as you most likely know. "WASHINGTON (AFP) -- The White House said Wednesday that Myanmar had still not answered its offers of aid for cyclone-ravaged areas, and warned that such a silence risked hampering relief efforts. "Everybody can understand that there is no substitute for being there on the ground to help people directly and trying to do so remotely is going to be impossible," said spokeswoman Dana Perino. "Our understanding is, not only have we not heard anything about our disaster team being allowed to go in to implement the help we have offered, but no one has been granted access to go in," she said. The United States has asked Myanmar to grant visas to a US disaster relief team now in neighboring Thailand, so that they can come in and assess aid needs, with about 60,000 people dead or missing in a tropical cyclone's wake. "We are increasingly concerned about the desperate situation that many people are facing there after the cyclone and we stand ready to help," Perino told reporters. "And we will try to help as best we can if we can't get into the country, but not being able to be there to help directly is going to hinder our efforts to help," she added. The White House announced Tuesday that it was offering three million dollars more in aid to the secretive and impoverished country, on top of an initial emergency allocation of 250,000 dollars. It also said that it was prepared to send four US Navy ships, laden with emergency relief supplies like blankets and water purification tablets, to Myanmar. The vessels were off Thailand's coast in a disaster-response exercise. "

Re:Perspective (2, Insightful)

Anonymous Coward | more than 6 years ago | (#23332052)

You're an asshole. We don't have to offer ANY aid, and the Myanmar government won't let us come in to help anyways. Even France is limiting direct monetary aid because the miliary junta will just use it for themselves, not to help the people.

The US does plenty of stuff to be criticized for. That's not one of them. Way to go for cheap karma farming on slashkos though.

Re:Perspective (1, Informative)

Anonymous Coward | more than 6 years ago | (#23332144)

Way to completely miss the point.

Re:Perspective (2, Insightful)

Bragador (1036480) | more than 6 years ago | (#23332180)

You know, if we remove "You're an asshole." and "Way to go for cheap karma farming on slashkos though.", your comment is quite insightful. Why not try to be more civilized next time? So much hatred...

Re:Perspective (3, Funny)

Anonymous Coward | more than 6 years ago | (#23332288)

So much hatred...

It's not his fault ... he's just been playing GTA IV for the last 8 hours straight.

Re:Perspective (5, Insightful)

Original Replica (908688) | more than 6 years ago | (#23332092)

the US has offered Burma (Myanmar) $3m in aid.

To put that into perspective, that is about 24 minutes worth of war in Iraq.

That's a lot of hogheads (0)

Anonymous Coward | more than 6 years ago | (#23332380)

Three bushels of 'em, to be exact!

Re:Perspective (0)

Anonymous Coward | more than 6 years ago | (#23332474)

How many Libraries of Congress would that be?

Re:Perspective (2, Interesting)

Anonymous Coward | more than 6 years ago | (#23332116)

Or it's another half day [wikipedia.org] of the war in Iraq...

Re:Perspective (1)

pinkstuff (758732) | more than 6 years ago | (#23332172)

It is sad to think of it like that. I guess ensuring copyright laws are enforced is worth more than human lives. The current administration seems to spend more money killing people than helping them - they now think the Iraq war will cost the US $4 trillion dollars [nytimes.com] by the end of it. $3m seems like a pittance next to numbers like these.

Re:Perspective (2, Insightful)

c6gunner (950153) | more than 6 years ago | (#23332310)

It is sad to think of it like that. I guess ensuring copyright laws are enforced is worth more than human lives.
Go for a walk through any third-world ghetto, dressed as you are now, and you'll find exactly how much a human life is worth. The best damn teacher I ever knew got killed in Mexico over his shoes and his wife's purse.

Copyright laws help bring about all the things in life which you take for granted. Take a look around your room - I guarantee that every item you see at least partly owes it's existence to intellectual property laws. Those laws helped encourage people to invent and create, which in turn enriched out culture and our society. Without them, chances are that you wouldn't give a damn about the "value" of human life. You'd be too worried about where your next meal would come from.

Re:Perspective (1)

pinkstuff (758732) | more than 6 years ago | (#23332374)

Point taken, it isn't as clean cut as I made out. There has to be a balance between law enforcement and throwing money at humanitarian efforts. In this example in particular, and IMHO, I think the balance is skewed. I personally can't see how awarding the MPAA that much money is for the greater good.

Re:Perspective (5, Insightful)

Anpheus (908711) | more than 6 years ago | (#23332424)

The era of perpetual copyright was brought on by a few individuals that refused to invent and create any longer, and instead sought to make money indefinitely off the nostalgic value of their works.

I'm looking at you, Disney.

And to you, c6gunner, I'm not saying that copyright shouldn't exist, but perhaps... the original 14 year timeframe was adequate. The film, Iron Man, made $100,000,000 in three days of sales, in 14, 50, or well over one hundred years can Hollywood justify why it needs to retain the sole distribution rights to something that was envisioned by someone who has already died? (Referring to the 100+ year copyright terms most countries have these days.)

Re:Perspective (3, Insightful)

Lumpy (12016) | more than 6 years ago | (#23332482)

And everything in my room was created by STEALING those intellectual property. How the hell do you think Compaq and Dell came to be? STEALING IBM's Intellectual property.

All cars outside of FORD are also based on STOLEN intellectual Property.

so we either play by your rules and roll back to the dark ages, or we play sane and copy the crap out of everyones idea and actually move foreward in technology.

I'm for copying the every living hell out of everything.

Re:Perspective (1)

capnkr (1153623) | more than 6 years ago | (#23332378)

While it is a much smaller number, $3 million is a lot. Remember: staples like rice and grains, canned foods, basic medical supplies - they don't cost nearly as much as modern weaponry.

I'd lay odds that $3,000,000 buys quite a large amount of the supplies needed for _emergency_ relief, especially in an area of the world where those things are would be relatively cheap. If they took the 3 mil, they would probably be able to get even more, later. Like in Indo, when the tsunami hit:

Federal Government: The United States government has allocated USD 400,000 (GBP 200,000, EUR 300,000) to India, Indonesia, the Maldives and Sri Lanka. Officials are currently working on a USD 4m (GBP 2m) aid package to help the Red Cross. Also, the United States has dispatched disaster teams to aid the nations affected. The United States is also preparing an initial USD 15 million (GBP 8m) aid package for affected nations. An additional USD 20m (GBP 11m) has been offered as an emergency line of credit. On 31 December the aid was raised to USD 350m (GBP 190m, EUR 260m).

Source: Wikipedia, FWIW [wikipedia.org]

$350 million, that last number. That's more of a fairly significant proportion of $4 trillion. And that's without figuring in a time frame; Iraq has gone on longer than the relief effort, 2 or 3 times longer, I bet.

Perspective, like the title says. :)

Re:Perspective (-1, Offtopic)

Anonymous Coward | more than 6 years ago | (#23332318)

While continuing to send billions to ... israel.

Re:Perspective (0, Offtopic)

phantomcircuit (938963) | more than 6 years ago | (#23332336)

To put that in perspective the GDP for Burma is (in millions) 13,700 USD. The United States was 13,790,000, almost exactly 1,000 times larger. So giving them 3 million dollars in aid will have the same effect that 3 billion dollars would have in the United States.

Then again Katrina relief topped 200 billion and it still wasn't enough....

Re:Perspective (0)

Anonymous Coward | more than 6 years ago | (#23332410)

$3m in unconditional, immediate aid. Presumably more aid will become available when Myanmar starts letting US personnel and equipment in to help.

This is foolish on Myanmar's part: the in the aftermath of a disaster of this magnitude (or, indeed, any significant magnitude) they need resources, equipment, and trained personnel. Money can be used to buy all of those things, but "ability to purchase" has a longer time scale than "stuff that's already on the way."

Re:Perspective (4, Insightful)

Lumpy (12016) | more than 6 years ago | (#23332446)

$3m to Burma will feed everyone and build them all new houses.

$110m to the RIAA/MPAA is caviar lunch on thursday.

*shrug* (5, Insightful)

Anonymous Coward | more than 6 years ago | (#23331890)

they've spent a fortune on litigation, to obtain a judgement they can't collect on & a worthless injunction, against a site that was never any good in the first place and shut down a few month ago anyway.

More fool them.

Re:*shrug* (4, Insightful)

InlawBiker (1124825) | more than 6 years ago | (#23331956)

It only shut down when the legal threats began. Meanwhile how many new torrent trackers have popped up? This is the definition of "hollow victory."

Re:*shrug* (5, Interesting)

Anonymous Coward | more than 6 years ago | (#23332196)

No not fool, because now they have a judgement on record that is stupidly broad in the favour in defining 'infringement'.

They've made INDEXING files illegal, please note they got nailed despite setting up services that let copyright holders take down stuff they owned.

The Legal team over at google is looking at this and going 'oh fuck no'.

Re:*shrug* (5, Insightful)

DesScorp (410532) | more than 6 years ago | (#23332206)

they've spent a fortune on litigation, to obtain a judgement they can't collect on & a worthless injunction, against a site that was never any good in the first place and shut down a few month ago anyway.

More fool them.
They never expected to collect any money. This was all about sending a message to other Torrent sites and P2P networks. "We've got legal precedent and unlimited resources. We're coming after you."

Re:*shrug* (1)

adona1 (1078711) | more than 6 years ago | (#23332358)

If only there was a place to host torrent sites where US Court judgements don't apply!

Oh well. I can dream, can't I? ;)

Re:*shrug* (1)

adona1 (1078711) | more than 6 years ago | (#23332334)

It was okay back in the day when comments worked and it wasn't having to block half of its users. But yes, I'd have thought the whole "doesn't exist" thing would have just let the whole thing go away.

Let the MPAA flog the dead Torrentspy horse. There's plenty more where it came from.

What is the method of determining damages? (4, Interesting)

LockeOnLogic (723968) | more than 6 years ago | (#23331906)

The movie companies lost money due to torrentspy's activities, but what is the basis for such a monstrous monetary judgement? Magic eight ball? Numbers out of a hat? How on earth did the movie companies prove this level of loss? Gotta love hollywood accounting, astounding how movies can make nothing and everything at the same time.

Re:What is the method of determining damages? (1, Interesting)

InlawBiker (1124825) | more than 6 years ago | (#23332026)

That is one of the ridiculous aspects of this suit, and all of the claimed losses. If you multiply each instance of a song/movie by the number of seeds + downloaders, then multiply again over time then it's possible to come up with an astronomical false value. It's false because it assumes the downloaders would have purchased it in the first place, or don't already own it, or will never purchase it.

The only way to semi-accurately calculate their losses is to look at their declining profits year to year, which I would consider a real value partially accountable to piracy.

What it all means is their business model is dead and they need to adjust it before Apple, Amazon and others become the new middle-man.

Personally I don't care who the middle-man is so long as I can buy a digital album for around $10. Are you listening, entertainment-industry L.A. fat cats? Some of you are getting it, but not very many of you are.

Re:What is the method of determining damages? (5, Insightful)

Gewalt (1200451) | more than 6 years ago | (#23332176)

The only way to semi-accurately calculate their losses is to look at their declining profits year to year, which I would consider a real value partially accountable to piracy.
But... Their profits have been rising... Year over year, their blockbusters are increasingly more profitable. And its the blockbusters that get pirated the most. So by your logic (and most sane peoples logic), piracy is actually helping their sales. What's killing their profits is the movies they produce that aren't any good.

Re:What is the method of determining damages? (1)

click2005 (921437) | more than 6 years ago | (#23332244)

The only way to semi-accurately calculate their losses is to look at their declining profits year to year, which I would consider a real value partially accountable to piracy.

That method might be more accurate but doesn't take into account a lot of factors that can affect the results. Maybe the movies produced this year aren't as good as those from previous years (most people would agree). Prices of DVDs seem to be lower than in previous years. People also seem to be favouring other forms of entertainment (reality tv, online gaming, social networks). With the time between cinema release, dvd release and broadcast via satellite/cable dropping recently and the massive rise in home cinema popularity, maybe people are preferring to wait to watch movies when its broadcast to their homes. Maybe people are just getting sick of all the remakes & sequels lately. I'm sure there are a lot of other valid reasons for a drop in revenue.

What it all means is their business model is dead and they need to adjust it before Apple, Amazon and others become the new middle-man.

They're trying to change their business model to one where you pay per view. Thats why they're not interested in downloadable movies. If its downloaded theres a chance you can re-watch it for free. If you stream it from them, they can charge you every time you press play. Obviously the internet cant support this level of streaming so they're just sitting and waiting for now and trying to sabotage any alternatives that appear.

Personally I don't care who the middle-man is so long as I can buy a digital album for around $10. Are you listening, entertainment-industry L.A. fat cats? Some of you are getting it, but not very many of you are.

They might do that one day, but they'll only allow you to listen to it x number of times. After that you'll have to pay again.

SLASHDOT SUX0RZ (-1, Offtopic)

Anonymous Coward | more than 6 years ago | (#23331912)

_0_
\''\
'=o='
.|!|
.| |
MPAA planning to piss in the ocean next [goatse.ch]

Future News, MPAA raids isoHunt (3, Interesting)

dukeluke (712001) | more than 6 years ago | (#23331916)

Just because isoHunt is in Canada, we can't expect the MPAA not to try and cross the border. I mean, the RIAA has been bad enough about operating in states in the U.S. - why should we expect the MPAA not to do the same?

Re:Future News, MPAA raids isoHunt (0)

Anonymous Coward | more than 6 years ago | (#23332110)

For one reason: The court system works better anywhere that isn't the United States. They would not get a $110 000 000 judgment anywhere else. And copyright is a very interesting situation in Canada.

Re:Future News, MPAA raids isoHunt (1)

noric (1203882) | more than 6 years ago | (#23332234)

Demonoid was in Canada and was shutdown for almost a year as a result of litigation. They are back up now though :)

Re:Future News, MPAA raids isoHunt (1)

adona1 (1078711) | more than 6 years ago | (#23332382)

They were sued by the Canadian version of the RIAA [wikipedia.org] , so it's not really crossing the border...glad they're back though.

Re:Future News, MPAA raids isoHunt (4, Informative)

Shadow-isoHunt (1014539) | more than 6 years ago | (#23332242)

That'd not be a good idea on their part. isoHunt is hosted in Toronto right now, and Gary's a Canadian citizen that'd battle it out in a Canadian court(possibly while relocating to another country). We also comply with DMCA takedown notices(even though we don't have to) - assuming they follow our copyright policy [isohunt.com] - and current legal proceedings in California aren't going as planned for them. [isohunt.com]

And next week... (2, Interesting)

Xeth (614132) | more than 6 years ago | (#23331938)

...there's another site doing the exact same thing, located in a different country.

Attempting to fight these sites is entirely ineffective, and won't even scare the populace like suing individuals does. As for the $110 million, well... good luck? I wouldn't bet on getting more than 1%.

Re:And next week... (0)

Anonymous Coward | more than 6 years ago | (#23332020)

As for the $110 million, well... good luck? I wouldn't bet on getting more than 1%.

1% is still more than a million dollars. I'd be surprised if they had anywhere near that much.

How is this even possible!!?!?!?!!! (5, Informative)

Z-Knight (862716) | more than 6 years ago | (#23331950)

For the love of GOD and all that is mighty how the heck is this even possible?!?!?!! Are we electing complete idiots to the courts these days?!?! Oh, wait, don't answer that one.

Torrentspy contained ZERO copyright material...ZERO, NIL, NADA, NOTHING. It contained no songs, no movies, no books, no videos, no nothing. It simply provided a search functionality that I could do on google (money grubbing bastards) today: searchword filetype:torrent

Why isn't google or microsoft or yahoo or any other site stopped from doing this...geezus krist, the Music And Film Industry Association of America (MAFIAA) can go MAFUCKthemselves.

Re:How is this even possible!!?!?!?!!! (5, Insightful)

SYSS Mouse (694626) | more than 6 years ago | (#23331984)

Exactly, Google index Pirate Bay results. Is the MAFIAA going to sue Google?

Re:How is this even possible!!?!?!?!!! (0)

Anonymous Coward | more than 6 years ago | (#23332096)

Search engines that return links to copyrighted downloads are facilitating the violation of those copyrights. So yes, Google, and TorrentSpy should be held accountable. I believe Google does its best to remove pirate sites from being indexed, does it not?

Re:How is this even possible!!?!?!?!!! (1)

Z-Knight (862716) | more than 6 years ago | (#23332190)

Google has no right (per se) to remove pirate sites from being indexed because that is unfair to everyone. I understand it is their indexing and they could do what they want but I'm trying to say that you don't have a right to decide what is wrong or what is right if you offer yourself up as a free service on the net. It would be one thing if Google pointed to the .mpg/.avi/.mp3/.pdf that was copyrighted, in which case they would have the responsibility to remove it, but they are pointing to a torrent file which is simply the address. It would be like making it illegal for the white pages to list the address of a house because that house sells drugs and then holding the whitepages responsible for all of the drug problems in the world. Yeah, the whitepages doesn't say that this address is a drug house but just because there is a link with the title "StarWars.mpg.torrent" doesn't mean there is necessarily a StarWars movie at that link or there is a documentary about the Star Wars program of the US or a discussion on the miles per gallon that a War of Stars would take....you have no idea what is there and so Google and TorrenSpy should NOT be held accountable. This is shear stupidity and the old farts in charge of our courts need to be replaced by people who've actually used technology in the last 5 years and not simply changed out the battery of their pace makers.

Re:How is this even possible!!?!?!?!!! (0)

Anonymous Coward | more than 6 years ago | (#23332272)

All sorts of things facilitate crimes. Including things you can't live without.

Re:How is this even possible!!?!?!?!!! (2, Insightful)

Anonymous Coward | more than 6 years ago | (#23332316)

Except, theres no such crime as accessory to copyright infringement, or 'contributory infringement'. It doesn't exist, the RIAA/MPAA wants there to be one very badly, but such a thing doesn't exist yet.

You are, as an individual, either personally infringing, or your not.

Telling you a drug dealer lives down the street does not make me 'contributing to narcotic distribution' (or whatever the fuck we'd call it) anymore than telling you theres an illegal copy of a movie at www.torrentsite.com/illegalshit.torrent makes me responsible with what you do with that information.

Information, and acting on that information are two different things. Thats why you can download the specs for building a goddamn H bomb off the net.

Knowledge truly is free, thats not some open source feel good slogan, its true. What is done with that knowledge is the important part, and the only part thats actionable.

Re:How is this even possible!!?!?!?!!! (3, Insightful)

tepples (727027) | more than 6 years ago | (#23332088)

Torrentspy contained ZERO copyright material
Neither did Napster. Is there a difference?

Re:How is this even possible!!?!?!?!!! (1)

Z-Knight (862716) | more than 6 years ago | (#23332156)

That's my point...there is no difference. None of these sites/programs do anything wrong. Much like a Gun doesn't do anything wrong but the person using the Gun "MAY" (and that's a BIG MAY) do something wrong. Furthermore, site/programs such as these are used for legitimate purposes and the technology is used for limited purposes. To hold these sites accountable for what idiots do on them is not only ignorant but extremely scary to me.

Re:How is this even possible!!?!?!?!!! (1)

nurb432 (527695) | more than 6 years ago | (#23332324)

I thought napster caved in due to legal costs and not due to an actual judgement?

I could be wrong, its been a while.

Re:How is this even possible!!?!?!?!!! (1)

boneclinkz (1284458) | more than 6 years ago | (#23332188)

I'd love to see the MPAA sue Microsoft. Talk about a clash of the titans; the ensuing shitstorm of litigation would usher in the apocalypse, and leave nothing but ashes and smoke in its wake.

Re:How is this even possible!!?!?!?!!! (3, Insightful)

nurb432 (527695) | more than 6 years ago | (#23332304)

Knowledge transfer is forbidden in this society.

This is just the beginning..

No crime, but still punished. (2, Insightful)

joocemann (1273720) | more than 6 years ago | (#23331964)

Did they not have a posting that says "We are not responsible for the torrents we index" ??? From my understanding it is not illegal to refer instructions for things that may be illegal. For example, I can go buy books with instructions on producing illegal substances, bombs, and weapons. Does that make borders a criminal? If the torrent indexing site was not directly providing illegal property, but only directions on how to get it, they should not be penalized. Oh... And a thought I had today: Lawyers are adults that act like children; trained to help adults that act like children.

Re:No crime, but still punished. (0, Insightful)

Anonymous Coward | more than 6 years ago | (#23332002)

Downloaders update the tracker. A tracker site like TorrentSpy could be said to be coordinating the activity.

Re:No crime, but still punished. (5, Insightful)

joocemann (1273720) | more than 6 years ago | (#23332040)

So if you ask me where to buy a gun, I say "go to walmart". You go to walmart buy it, then kill someone.... That means I coordinated the murder?

Re:No crime, but still punished. (1)

c6gunner (950153) | more than 6 years ago | (#23332342)

So if you ask me where to buy a gun, I say "go to walmart". You go to walmart buy it, then kill someone.... That means I coordinated the murder?
If buying a gun were illegal, then you'd be breaking the law just by helping me get one.

Or, to use your analogy, if I said to you "I want to kill my wife....can you tell me where to buy a gun?", a prosecutor could certainly make the case that you were an accessory to murder.

Re:No crime, but still punished. (1)

urcreepyneighbor (1171755) | more than 6 years ago | (#23332462)

"I want to kill my wife....can you tell me where to buy a gun?"
"I need to get rid of my wi... uh... a she-beast that's smokin', drinkin', and eatin' away 75% of my paycheck. It's about 300 pounds, camped out in front of the TV, and won't have sex with me!"

I think the local DA may take pity on the poor guy. ;)

Re:No crime, but still punished. (2, Insightful)

Dan541 (1032000) | more than 6 years ago | (#23332054)

So is the users ISP

Re:No crime, but still punished. (0)

Anonymous Coward | more than 6 years ago | (#23332132)

Downloaders update the tracker. A tracker site like TorrentSpy could be said to be coordinating the activity.
*sigh* Why is this modded as flamebait? Flamebait != "I disagree", and even if it did, the guy didn't even say that he believed that himself, he was given a potential line of reasoning behind the judgement. But no, flamebait it is - I guess California courts aren't the only place where morons have control.

Re:No crime, but still punished. (2, Interesting)

Carnildo (712617) | more than 6 years ago | (#23332028)

Did they not have a posting that says "We are not responsible for the torrents we index" ??? From my understanding it is not illegal to refer instructions for things that may be illegal.


When you're operating as close to the edge of the law as they were, you need to be extremely careful about what you do. A simple statement of "We are not responsible" isn't sufficient if, by your actions, you demonstrate that you are encouraging illegal behavior.

Re:No crime, but still punished. (-1, Troll)

Anonymous Coward | more than 6 years ago | (#23332150)

Guns are only made to shoot people (and antique cans).

Why isn't manufacturing, promoting and selling guns considered "encouraging illegal (and immoral) behavior"?

Re:No crime, but still punished. (1)

Torvaun (1040898) | more than 6 years ago | (#23332502)

And for hunting.

Re:No crime, but still punished. (4, Interesting)

urcreepyneighbor (1171755) | more than 6 years ago | (#23332128)

For example, I can go buy books with instructions on producing illegal substances, bombs, and weapons.
Delta Press [deltapress.com] ? Paladin Press [paladin-press.com] ?

The days of Ragnar Benson [wikipedia.org] have almost faded away into memory.

The companies that used to publish "action books" have almost completely abandoned that genre.

Does that make borders a criminal?
You don't have to make something a "crime" to get rid of it. Read up on the Paladin Press / Hit Man incident [wikipedia.org] .

Can you imagine the firestorm if a company started publishing Paladin Press-style books today? In our post-9/11 world? Ha!

alrightythen (1)

schnikies79 (788746) | more than 6 years ago | (#23331966)

good luck getting blood from a turnip

No wonder... (0)

Anonymous Coward | more than 6 years ago | (#23331974)

No wonder they thought $30,000 per work infringed was not enough. They got the full $30,000 in this case.

Frankly, it's absurd, especially when they paid a hacker to steal TorrentSpy's email. But there's no suppression remedy in civil cases. I sincerely wish they had gotten punished for that hacking. I don't seriously believe that they thought they could pay someone $25,000 to acquire another person's private email via LEGAL means.

But the judge obviously thought they were just pirates that had to walk the plank, so here we are.

Oh well, you know what's funny? We're downloading just as much as ever. Good job, **AA-holes. Arr!

Seems like a fair judgement (5, Funny)

kipin (981566) | more than 6 years ago | (#23332038)

Dr. Evil: Shit. Oh hell, let's just do what we always do. Hijack some nuclear weapons and hold the world hostage. Yeah? Good! Gentlemen, it has come to my attention that a breakaway Russian Republic called Kreplachistan will be transferring a nuclear warhead to the United Nations in a few days. Here's the plan. We get the warhead and we hold the world ransom for... ONE MILLION DOLLARS!

Number Two: Don't you think we should ask for *more* than a million dollars? A million dollars isn't exactly a lot of money these days. Virtucon alone makes over 9 billion dollars a year! Dr. Evil: Really? That's a lot of money.

[pause]

Dr. Evil: Okay then, we hold the world ransom for...

Dr. Evil: One... Hundred... BILLION DOLLARS!

And people wonder... (5, Insightful)

hairyfeet (841228) | more than 6 years ago | (#23332048)

Why the USA is looked at as total idiots. Betting the entire economy on imaginary property that can be easily copied for $0 while gutting our factories and even outsourcing our jobs at home through H1-B visas. Hmmm-I wonder where the flaw in THAT plan is? The simple fact is just as the automobile has forced those in the horse buggy business to adapt or die so will ever more powerful broadband and MP3 players force software and music companies to change or die. Instead of seeing that change is a part of progress and looking for ways to make capital on this new business model the *.AA along with their lackeys in congress will try to put the genie back in the bottle with ever more draconian laws.


Meanwhile the rest of the world will adapt while we sink further and further into a third world fascist state. While I really hope that we'll see the writing on the wall and our leaders will realize granting themselves and their big business buddies ever more increasing powers over our lives is a dead end road, after watching this march as it continues its dance of failure for the past 20+ years I sincerely doubt we're in for anything other than more of the same: More of the same bad leadership, more of the same bad laws,and more of the same police state crap to protect us "from terrorists and those evil child predators" which is of course a smokescreen for more business and government control over our lives. But that is my 02c,YMMV

Re:And people wonder... (0, Troll)

Anonymous Coward | more than 6 years ago | (#23332138)

well said brother! If those guys had set up shop in free Russia there would have been no problem. Even the Iranians have a more free climate for intellectual developement. Soon it will be illegal to own a programming manual in this poor excuse for a country. I spent ten years defending this country in its military service so feel that I have a right to criticize when it goes wrong. To put so many millions of American jobs into foreign countries, to give away the so called 'rights' to manufacture items invented in the USA or have some crook sell them to our enemies is a monstrous crime against the people of this nation. A future honest government may justly hold the politicians, panderers, political correctness preachers, crooked 'businessmen' and other parasites for capital crimes against the people....and hang them as they deserve....and drive out the invaders now pouring across our borders to eat out what is left of our substance...at bayonet point if necessary.

Re:And people wonder... (3, Insightful)

Anonymous Coward | more than 6 years ago | (#23332308)

I believe the same thing. Cisco is a prefect example. They hire cheap labor and manufacturer overseas. When the cheap labor makes some "counterfeit" overruns, the local police officers and the FBI, step in to lend Cisco a hand under the cover of national security issues [1]. That enforcement is our tax dollars. Companies like Cisco get it good from two angles. Cheap labor and tax payer dollars to fight the clone/overrun non official parts. Think about it, Cisco could manufacture the devices in an area that they have more control which would cost Cisco more, or choose China and let the taxpayers foot the bill for the control.

[1] If the government was so concerned about the national security from using non licensed Cisco products, why are they not worried about using the "real" Cisco approved products made in the same plant by the same people?

Re:And people wonder... (0)

Anonymous Coward | more than 6 years ago | (#23332232)

Are you saying that MP3's/Movies/Software are the basis for our entire economy?

Considering the number of programmers on this board, there are a surprising number of people in favor of letting people not pay for the stuff that is produced.

Re:And people wonder... (0, Troll)

Anonymous Cowpat (788193) | more than 6 years ago | (#23332284)

yes, because we recognise that MP3s, movies and software, along with other imaginary goods, are a crappy thing to base our economy on. So rather than keep trying to force people to pay for them anyway to prop up a ludicrous idea we're in favour of making it impossible to turn a profit on them, thus forcing the economy to be based on actual tangible goods.

someone forgot to tell the immigrants (3, Insightful)

Anonymous Coward | more than 6 years ago | (#23332290)

that we are a delapidated, third world country. i guess those millions of people from mexico, africa, asia, etc, who come here must be under some delusion. but once they find out you cant set up a website to help people get movies for free, i guess they will figure america is, truly, a third world country, and head back to a mequilladora to make 3 dollars a day

Good game! (0)

Anonymous Coward | more than 6 years ago | (#23332086)

Now they just need to sue google which does the same thing, cept google has the money...

Judge is Awarded $? million in TorrentSpy Case (3, Interesting)

RiotingPacifist (1228016) | more than 6 years ago | (#23332098)

That's the real question

Re:Judge is Awarded $? million in TorrentSpy Case (1)

DanWS6 (1248650) | more than 6 years ago | (#23332124)

I heard the judge received Britney Spears: The Definitive Collection which was signed by Britney herself.

Re:Judge is Awarded $? million in TorrentSpy Case (0)

Anonymous Coward | more than 6 years ago | (#23332212)

I heard the judge received Britney Spears [sumotorrent.com]
Fixed Hell even that's not much better. I hear he got the village peoples back catalogue [thepiratebay.org] straight outta Compton.

Re:Judge is Awarded $? million in TorrentSpy Case (1)

RiotingPacifist (1228016) | more than 6 years ago | (#23332236)

ffs i need to learn to actually look at the preview:

I heard the judge received Britney Spears [sumotorrent.com]
Fixed Hell even that's not much better. I hear he got the village peoples back catalogue [thepiratebay.org]
Although i may personally send him my copy of straight outta Compton [thepiratebay.org] .

score, mynuts won, playing to a hostile crowd (-1, Offtopic)

Anonymous Coward | more than 6 years ago | (#23332120)

everybody's a critic, but nobody has much to offer besides their fear based criticism, that culminates in tunnel vision/blindness. see you on the other side of it? you can be more helpful than you might have imagined. there are still some choices. if they do not suit you, consider the likely results of continuing to follow the corepirate nazi hypenosys story LIEn, whereas anything of relevance is replaced almost instantly with pr ?firm? scriptdead mindphuking propaganda or 'celebrity' trivia 'foam'. meanwhile; don't forget to get a little more oxygen on yOUR brain, & look up in the sky from time to time, starting early in the day. there's lots going on up there.

http://news.yahoo.com/s/ap/20071229/ap_on_sc/ye_climate_records;_ylt=A0WTcVgednZHP2gB9wms0NUE
http://news.yahoo.com/s/afp/20080108/ts_alt_afp/ushealthfrancemortality;_ylt=A9G_RngbRIVHsYAAfCas0NUE
http://www.nytimes.com/2007/12/31/opinion/31mon1.html?em&ex=1199336400&en=c4b5414371631707&ei=5087%0A

is it time to get real yet? A LOT of energy is being squandered in attempts to keep US in the dark. in the end (give or take a few 1000 years), the creators will prevail (world without end, etc...), as it has always been. the process of gaining yOUR release from the current hostage situation may not be what you might think it is. butt of course, most of US don't know, or care what a precarious/fatal situation we're in. for example; the insidious attempts by the felonious corepirate nazi execrable to block the suns' light, interfering with a requirement (sunlight) for us to stay healthy/alive. it's likely not good for yOUR health/memories 'else they'd be bragging about it? we're intending for the whoreabully deceptive (they'll do ANYTHING for a bit more monIE/power) felons to give up/fail even further, in attempting to control the 'weather', as well as a # of other things/events.

http://video.google.com/videosearch?hl=en&q=video+cloud+spraying

dictator style micro management has never worked (for very long). it's an illness. tie that with life0cidal aggression & softwar gangster style bullying, & what do we have? a greed/fear/ego based recipe for disaster. meanwhile, you can help to stop the bleeding (loss of life & limb);

http://www.cnn.com/2007/POLITICS/12/28/vermont.banning.bush.ap/index.html

the bleeding must be stopped before any healing can begin. jailing a couple of corepirate nazi hired goons would send a clear message to the rest of the world from US. any truthful look at the 'scorecard' would reveal that we are a society in decline/deep doo-doo, despite all of the scriptdead pr ?firm? generated drum beating & flag waving propaganda that we are constantly bombarded with. is it time to get real yet? please consider carefully ALL of yOUR other 'options'. the creators will prevail. as it has always been.

corepirate nazi execrable costs outweigh benefits
(Score:-)mynuts won, the king is a fink)
by ourselves on everyday 24/7

as there are no benefits, just more&more death/debt & disruption. fortunately there's an 'army' of light bringers, coming yOUR way. the little ones/innocents must/will be protected. after the big flash, ALL of yOUR imaginary 'borders' may blur a bit? for each of the creators' innocents harmed in any way, there is a debt that must/will be repaid by you/us, as the perpetrators/minions of unprecedented evile, will not be available. 'vote' with (what's left in) yOUR wallet, & by your behaviors. help bring an end to unprecedented evile's manifestation through yOUR owned felonious corepirate nazi glowbull warmongering execrable. some of US should consider ourselves somewhat fortunate to be among those scheduled to survive after the big flash/implementation of the creators' wwwildly popular planet/population rescue initiative/mandate. it's right in the manual, 'world without end', etc.... as we all ?know?, change is inevitable, & denying/ignoring gravity, logic, morality, etc..., is only possible, on a temporary basis. concern about the course of events that will occur should the life0cidal execrable fail to be intervened upon is in order. 'do not be dismayed' (also from the manual). however, it's ok/recommended, to not attempt to live under/accept, fauxking nazi felon greed/fear/ego based pr ?firm? scriptdead mindphuking hypenosys.

consult with/trust in yOUR creators. providing more than enough of everything for everyone (without any distracting/spiritdead personal gain motives), whilst badtolling unprecedented evile, using an unlimited supply of newclear power, since/until forever. see you there?

"If my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land."

meanwhile, the life0cidal philistines continue on their path of death, debt, & disruption for most of US. gov. bush denies health care for the little ones;

http://www.cnn.com/2007/POLITICS/10/03/bush.veto/index.html

whilst demanding/extorting billions to paint more targets on the bigger kids;

http://www.cnn.com/2007/POLITICS/12/12/bush.war.funding/index.html

& pretending that it isn't happening here;

http://www.timesonline.co.uk/tol/news/world/us_and_americas/article3086937.ece
all is not lost/forgotten/forgiven

(yOUR elected) president al gore (deciding not to wait for the much anticipated 'lonesome al answers yOUR questions' interview here on /.) continues to attempt to shed some light on yOUR foibles. talk about reverse polarity;

http://www.timesonline.co.uk/tol/news/environment/article3046116.ece

Finally! (5, Funny)

DanWS6 (1248650) | more than 6 years ago | (#23332178)

Those poor crew members will get reimbursed for the piracy that has hurt them and their families dearly. You know, the ones in the clips the theaters used to show before previews came on, where some older black guy was claiming how piracy hurts him and his family and every one involved in making a movie. It's quite possible they still show that clip but I wouldn't know since I stopped going to the theater last year because I was tired of the ridiculous ticket prices and lack of original movies the past few years.

I guess that means... (1)

Robber Baron (112304) | more than 6 years ago | (#23332210)

I guess that means TorrentSpy is going to have to put up a LOT more of those "find hot women to fuck in your area" ads!

Great (1)

nurb432 (527695) | more than 6 years ago | (#23332256)

Victories like this will just keep them going and give them more incentive to keep harassing us little people.

Whack-A-Mole (2, Interesting)

the eric conspiracy (20178) | more than 6 years ago | (#23332296)

Nice but rather empty victory. Of course the MPAA is going to take little home from this except the realization that under current law there is little they can do that effectively enforces copyright. I imagine that any half-bright executive in the movie industry will quickly come to the conclusion that there are only two avenues open to improve copyright enforcement.

1. DRM
2. Congress

Expect to see both. Heavier use of elaborate schemes like those used for Blu-Ray recordings and downloadable media. Branding the owner's ID into the media so copies are traceable. Real use of certificates to manage keys, mandating only online playback.

More stringent use of legal remedies, and criminalization of copyright infringement. WIPO treaties allowing international cooperation in pursuing violators. Tying government aid to enforcement initiatives.

Enjoy it while the fun lasts.

United States (3, Insightful)

Swampash (1131503) | more than 6 years ago | (#23332340)

Hear that sound, that enormous wash of white noise like the mother of all surf on the mother of all beaches?

That's the whole world laughing. At you.

Why is it... (1)

Bullfish (858648) | more than 6 years ago | (#23332366)

that reading stuff like this makes me wants to download a bunch of movies, burn a couple of cakes of DVDs and leave them around town at various bus stops

Damn you Glan Dickman, Damn you! (1, Insightful)

Anonymous Coward | more than 6 years ago | (#23332370)

Oh well, one falls by the wayside and three rise up to replace it.....
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