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How the Pirate Bay Will Be Legalized 265

Death Metal sends along this excerpt from Torrentfreak about how Global Gaming Factory, the company who is buying The Pirate Bay, plans to change the site in order to avoid the wrath of the entertainment industry: "In a letter addressed to [shareholders], the company confirms that the new Pirate Bay will become a pay site, while revealing some additional details on how GGF plans to legalize it. To please the entertainment industry, GGF will install a system that will allow the copyright holders to either authorize the 'illegal' torrent or have it removed from the site. If the copyright holder chooses the first option, they will be compensated every time the file is downloaded. In addition, the board says that it will pay penalties if it has to. 'The holder will be able to leave the file and obtain compensation or ask for removal of the file. GGF will also pay any penalties that may arise,' the GGF board announced."
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How the Pirate Bay Will Be Legalized

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  • Model (Score:5, Insightful)

    by pete-classic ( 75983 ) <hutnick@gmail.com> on Wednesday August 19, 2009 @12:29PM (#29120271) Homepage Journal

    So, the business model is to take away the things that people are probably most interested in, and start charging for whatever is left?

    I can't wait for the IPO!

    -Peter

    • by Desler ( 1608317 )
      They'd probably be better off just giving all their money away. It'll be just as successful as this asinine business model.
      • Yeah, my first thought when reading this was

        "Wave bye-bye to the Pirate Bay site..."

        • Take a moment and think about how much the rights-holders would pay a company to eliminate the most popular torrent tracker and search engine on the planet. Giving the guys with money exactly what they want sounds like an excellent business model.

          • So? If TPB goes down, another torrent site will take it's place. Just taking down a tracker won't stop people's desire to get some free stuff.
            • Re: (Score:3, Insightful)

              by MBGMorden ( 803437 )

              Indeed. There are already a lot of sites out there for the same thing. Granted, many of them are private and invite only, but they'll usually open their doors to the public every now and then. Once you build a good ratio at one you can usually get people on that one to give you an invite to others.

              The bottom line is the internet is an incredibly adaptive creature. It responds to the will and desires of it's users. If the users want to exchange "intellectual property" for free, then they will find a way

              • Check out OneSwarm [washington.edu]. It does not relly on a central tracker. Already has enough users that the first search I did was a hit, download speeds are awesome, and privacy is much better than ever was with piratebay. Copyright holders cannot track you with this.

                FTF website:

                OneSwarm is a new peer-to-peer tool that provides users with explicit control over their privacy by letting them determine how data is shared. Instead of sharing data indiscriminately, data shared with OneSwarm can be made public, it can

    • Re: (Score:2, Funny)

      by grub ( 11606 ) *

      This is modelled after the "Start paying your $699 licensing Fee you cock-smoking teabaggers" business plan.
    • Re:Model (Score:5, Insightful)

      by MaerD ( 954222 ) on Wednesday August 19, 2009 @12:37PM (#29120417)
      Maybe. I think what they are going for is a "pay a monthly fee and get all the games/music/etc you can download" and plan to pay the rights holders from the monthly fees..
      I doubt that will really happen without DRM out the ying-yang, which will lead to the model of "oh crap, we're bankrupt".
      • by Desler ( 1608317 )

        Maybe. I think what they are going for is a "pay a monthly fee and get all the games/music/etc you can download" and plan to pay the rights holders from the monthly fees..

        Well only if those games/music/movies/etc are allowed to be uploaded to the site by the content owner.

    • Does this me as a consumer will own a legit copy myself. I paid for this service that means the product I received is legit.

    • Re: (Score:2, Insightful)

      by interploy ( 1387145 )

      In the future, this will be the poster child for business schools for how not to make a business plan.

      "Let's take a site synonymous with software piracy, alienate all the current users by making it legal, then try to sell it to all the other people who still think of it as the 'bad bad illegal download site'."

      Maybe someone should inform them there are already legitimate markets for what they're trying to do: Netflix and Steam anyone?

  • by clone53421 ( 1310749 ) on Wednesday August 19, 2009 @12:29PM (#29120273) Journal

    From the looks of their plan, nobody-going-there-anymore is about right.

  • Wow (Score:3, Insightful)

    by GofG ( 1288820 ) on Wednesday August 19, 2009 @12:29PM (#29120275)
    Will it keep the name "The Pirate Bay"? That name implies piracy.
  • Neat (Score:2, Interesting)

    by nametaken ( 610866 )

    That's a bold idea that's unlikely to work. I think it's great that they're trying though.

    • Re: (Score:3, Insightful)

      by Lumpy ( 12016 )

      They are not trying, the guys that owned TPB are goign to take their cash and run giggling all the way while the company that bought it will stand there looking at a fresh turd in a paper bag and ask... Wait, this is not what we though it was....

      Kudos to TPB leaders, they got a sucker to buy their golden gate bridge.

      • The biggest irony of all is that by getting wildly rich the guys from TPB make it more attractive for other people to set up torrent sites. The RIAA is just cutting a single head off a huge hydra.

      • I know the original owners sold out, I meant it's a brave idea for the current owners. It's unlikely to work, but I'm glad they're trying.

  • by grahamsaa ( 1287732 ) on Wednesday August 19, 2009 @12:29PM (#29120291)
    The pirate bay will soon be very legal. . . and very dead.
  • by Dyinobal ( 1427207 ) on Wednesday August 19, 2009 @12:35PM (#29120373)
    So anyone know what the new pirate bay will be? I'm not exactly up to date on what trackers are currently the best.
  • I'm no psychic, but I'm going to predict that this works about as well as it did for them...

  • not gonna work (Score:5, Insightful)

    by pak9rabid ( 1011935 ) on Wednesday August 19, 2009 @12:37PM (#29120415)
    That's like buying a whore house and getting rid of all the whores.
  • by badfish99 ( 826052 ) on Wednesday August 19, 2009 @12:40PM (#29120463)
    The copyright holders are now getting fines of about $100000 per illegal download, if I remember correctly. So if the Pirate Bay will pay this as compensation every time it slips up, it's going to have to be a rather expensive pay site, isn't it?
    • by Desler ( 1608317 )
      Well maybe Global Gaming Factory has 50 quintillion dollars in their war chest so that they can pay for the 10s of millions of cumulative unauthorized downloads that have and are currently happening on the site.
  • 1: Pay content providers for any infringing file
    2: ???
    3: Profit!

  • by Jaysyn ( 203771 )
    That is probably one of, if not *the* worst business model I've ever heard in my life.
    • by Desler ( 1608317 )
      No worries they make up for this shortcoming by falling back to the business model of the dot com era where you make it up with volume!
  • by Dan667 ( 564390 ) on Wednesday August 19, 2009 @12:43PM (#29120521)
    When you buy music, make sure to check http://riaaradar.com/ [riaaradar.com] to see if the album is from a company that funds the RIAA. If they do, don't buy it and stick it to them a couple dollars of lost earnings at a time.
    • Re: (Score:2, Informative)

      by Spewns ( 1599743 )
      Well, if you're talking about The New Pirate Bay, I doubt you're going to be able to choose where your monthly fee (or whatever) is going. All the cash will go into a common pool, and you're going to be funding the MAFIAA even if you don't touch any of their content - which is the biggest reason why you shouldn't use the new site. If you're just talking in general, I agree.
  • by Aurisor ( 932566 ) on Wednesday August 19, 2009 @12:45PM (#29120553) Homepage

    The IP cartels' opposition to piracy isn't just about the piracy itself; they are scared to death of the creation of a decentralized alternative to their existing systems for finding and exploiting artistic talent. The only reason they would embrace *any* method of distribution they don't have total control over is absolute desperation.

    It's not about monetizing piracy. If they can't sell you a new version every couple years, control release dates, price a product differently in different regions, censor products for certain markets, or control how the product is presented then your distribution channel is a *threat* to them and they are going to try and take it down. If a kid can record a hit album with two grand worth of hardware and software - and, even worse, distribute it with two hundred bucks worth of hardware, how can they make their millions?

    It's not about money. It's about them retaining the control they need to foist their ideal business model on the rest of the world.

    • by Itninja ( 937614 )
      So wait...it's not about money? It's about control? The RIAA is evil to be sure, but they are not trying to set up fiefdoms or topple governments here. Of course it's about money. The control you speak of is there; as a mechanism to generate more money.
      • Re: (Score:3, Insightful)

        by damburger ( 981828 )
        What is the difference between money and control? You take a nation, you divide up control of its productivity into a couple of trillion units, and you call those units 'pounds' or 'dollars' or 'euros'. The idea that the economy is something pure and abstract which can be separated from the grubby world of power and control is a fallacy spread by neoliberals, who want to convince you that corporations are somehow more ethical and accountable than governments.
      • by Aurisor ( 932566 )

        The RIAA is evil to be sure, but they are not trying to set up fiefdoms or topple governments here.

        This is what we call a straw man. No one would reasonably argue that the RIAA is trying to set up a fiefdom, your point goes, therefore any assertion that they must be primarily concerned with power is false.

        The reality of the situation is that they are most concerned with maintaining artificially high prices, eliminating competition, and creating artificial barriers to entry into the marketplace. Even if th

    • That's a bit of an extreme position to take. After all, how is that kid going to make money when his stuff is pirated too?

      The question is, how profitable is intellectual property? Yes, I know, information wants to be free. But does that mean that folks who want to make a living by creating intellectual property are just going to have to suck it up and make due? It's not a clear cut good vs. bad situation.

      It's understandable to feel like it's the People vs. the Borg when the RIAA is brought into the discu

      • by Aurisor ( 932566 )

        That's a bit of an extreme position to take. After all, how is that kid going to make money when his stuff is pirated too?

        Someone once said that trying to make bits that can't be copied is like trying to make water that's not wet. I think we have to accept that copies of recordings are created without cost or constraint and therefore have no value. It's a sea change, and things were very nice for a lot of people before this was the case, but it's reality. Sorry.

        Lots of people, like Trent Reznor, for exam

        • by znerk ( 1162519 )

          Games like World of Warcraft are virtually immune to piracy;

          On the contrary, it has now become fairly simple to join a "private server". Blizzard is apparently losing the "service-based" battle for consumers - it has come to many people's attention that private servers tend to not have annoying things like logon queues, the frustrating "No additional instances can be launched, please try again later" message that has whole raiding groups acting like fleas in heat for 20-30 minutes before giving up, unresponsive GM's, inadequate policing for spammers, etc.

          The violati

    • by Aurisor ( 932566 )

      Ok, since everyone seems to be complaining about my statement that it's "not about the money," I will clarify.

      The IP cartels' primary concern is not profit or the creation of value, but rather the elimination of competition and the continuation of artificial barriers to entry. Of course, nearly *everything* in capitalism is motivated by money, but if your business model is predicated on the absence of competition, you're better off having your competition be freeloading pirates than paying partners.

      That wa

  • by Junior J. Junior III ( 192702 ) on Wednesday August 19, 2009 @12:54PM (#29120661) Homepage
    • It's legal for me to make a backup copy of my media, in case of theft or destruction, except that owning or building the tools to allow me to create the copy is not legal -- although arguably this makes any turing machine attached to a CD/DVD/Blu-Ray drive illegal.
    • It's legal for me to watch tv or listen to radio for free by receiving transmissions, and I can even record them and keep the recording indefinitely as long as I only use it for personal use, but it's illegal for me to stream media over the internet and capture the stream, and it's illegal for me to transmit over the internet.
    • It's legal for me to trade or lend CDs, DVDs, etc. with friends I know, or to buy or sell used copies, as long as they're legitimate (not pirated), but it's illegal for me to use the internet to facilitate either the search or the trading or to expand my group of "friends", even though I could go to a public library and essentially achieve the same ends by swapping media with a large group of people (the public) who I don't actually know.
    • If something is out of print, or censored, or otherwise unavailable, but copyrighted, I have no legal recourse to obtain a copy.

    Did I miss anything?

    • by Tweenk ( 1274968 )

      Did I miss anything?

      Yes, Turing machines do not exist

    • by Desler ( 1608317 ) on Wednesday August 19, 2009 @01:36PM (#29121419)

      It's legal for me to watch tv or listen to radio for free by receiving transmissions, and I can even record them and keep the recording indefinitely as long as I only use it for personal use, but it's illegal for me to stream media over the internet and capture the stream, and it's illegal for me to transmit over the internet.

      Yeah and? Fair Use has never allowed you to rebroadcast copyrighted content without consent of the copyright holder whether it be on the internet or through a TV transmitter.

      It's legal for me to trade or lend CDs, DVDs, etc. with friends I know

      Actually this can be arguable. It's more of a gray area that is most likely ignored.

      or to buy or sell used copies, as long as they're legitimate (not pirated),

      Yes, this would be the First Sale Doctrine.

      but it's illegal for me to use the internet to facilitate either the search or the trading or to expand my group of "friends",

      You've never had the right to willfully facilitate copyright infringement. This is a 36 year old precedent. I suggest you look up the ruling on Elektra Records Co. v. Gem Electronic Distributors, Inc.

      even though I could go to a public library and essentially achieve the same ends by swapping media with a large group of people (the public) who I don't actually know.

      Yes, because this falls under fair use. Your previous example has never been considered fair use.

      If something is out of print, or censored, or otherwise unavailable, but copyrighted, I have no legal recourse to obtain a copy.

      Why would you have a legal recourse? No one is obligated to sell you a product, let alone sell you one in the form you desire.

      • by Khyber ( 864651 )

        "Fair Use has never allowed you to rebroadcast copyrighted content without consent of the copyright holder whether it be on the internet or through a TV transmitter."

        WROOOOOOOOOOOOOOOOOOOOONG.

        Were that the case then FM transmitters for your iPod to FM stereo WOULD BE ILLEGAL.

        • Jsut because the tools are legal, does not mean the act is legal.

          Bad analogy: It's legal for me to own a gun and bullets, but its illegal for me to shoot you.
        • Re: (Score:3, Insightful)

          by Desler ( 1608317 )

          WROOOOOOOOOOOOOOOOOOOOONG.

          No it's not. You don't have the right to publicly broadcast someone else's copyrighted work without their permission. Such a right for the copyright holder is codified in the 1976 Copyright Act. There are exceptions but streaming copyrighted content on the internet without a license isn't one of them.

      • If something is out of print, or censored, or otherwise unavailable, but copyrighted, I have no legal recourse to obtain a copy.

        Why would you have a legal recourse? No one is obligated to sell you a product, let alone sell you one in the form you desire.

        If nobody can sell me a copy because nobody knows who owns the right to sell me a copy, how does this situation "promote the Progress of Science and useful Arts"?

    • You're stretching point 3, or not making any sense. If you actually lend someone a physical copy, you no longer have use of it. The only internet-enhanced way of doing that would be a swapping website where you find people who want to trade with you. They exist, and they are legal. So the first half of your statement is not true.

      It's legal for me to trade or lend CDs, DVDs, etc. with friends I know, or to buy or sell used copies, as long as they're legitimate (not pirated), but it's illegal for me to us

    • by julesh ( 229690 )

      It's legal for me to make a backup copy of my media, in case of theft or destruction, except that owning or building the tools to allow me to create the copy is not legal -- although arguably this makes any turing machine attached to a CD/DVD/Blu-Ray drive illegal.

      Your "arguably" section there is just nonsense. The law is phrased such that only things that have been designed _specifically_ to enable copying are covered. If copying is just one of many possible uses, then they are perfectly legal.

  • Dont you mean bury it?

    Get real, TPB was only there due to piracy, if that is gone, its of ZERO value.

  • Unsucessfully.
  • Hulu, ABC.Com, etc. Are now offering content with minimal (and well targeted) commercials.

    I watched half of "Burn Notice" on Hulu this season.

    Most of the Anime I like is online free as well.

    There is such a huge glut of entertainment that the deal really will end up being some form of "unlimited content for a fixed price". And at that point, you lose most of the reason to pirate.

    I do get things which are unreleased / out of print this way so that will likely continue (until everything is rereleased).

    I watc

    • by Tweenk ( 1274968 )

      Hulu, ABC.Com, etc. Are now offering content with minimal (and well targeted) commercials.

      To US residents only.

      Most of the Anime I like is online free as well.

      Most of it on PirateBay and similar sites.

      There is such a huge glut of entertainment that the deal really will end up being some form of "unlimited content for a fixed price". And at that point, you lose most of the reason to pirate.

      The logical conclusion of this trend is to allow unrestricted sharing of everything and compensate artists from a tax imposed on consumer broadband. That would be great but I don't see it happening any time soon, or even in my lifetime.

      • No there are sites which have free anime like hulu and abc.com.
        When the anime becomes illegal for them to offer, they remove it.

        Good point on Hulu being US only. I think the UK has a similar service for UK residents only which I can't use.

        ---

        But put it this way... when DVD's first came out-- I was buying $200 a month worth of DVD's. Finally, without pirating, I realized that

        a) I wasn't watching them more than once.
        b) I was running out of room to keep them.
        c) I was falling significantly behind the glut of

  • DHT Hash sites (Score:5, Interesting)

    by Danathar ( 267989 ) on Wednesday August 19, 2009 @01:10PM (#29120859) Journal

    You know what is going to happen? We are going to get sites that do nothing but list DHT hash URI's (or maybe just the hashes) instead of torrent files. I wonder how the powers that be will take that?

  • I'm not going to try to justify things here... I download copyrighted material. I like to think that I'm not quite so evil because ultimately I do pay for the stuff that I actually like - but it is still piracy.

    So, where do I get my torrents now?

    The Pirate Bay was pretty much my go-to site to find just about anything. I'm not sure where to look these days.

    Any suggestions?

  • by Hurricane78 ( 562437 ) <deleted&slashdot,org> on Wednesday August 19, 2009 @01:46PM (#29121619)

    The Pirate Bay already *was* legal. What they did now, is openly state that they themselves think it's not legal. Which would probably be the biggest failure they could possibly do.

    If it weren't for their plan to try, what a bazillion of other sites tried in this exact form, where they all failed horribly without exception, and where there still are retards trying it again and again. Are they drunk? Did they learn nothing? Did they never read the news? Or is it like flies flying into an bug zapper?

  • so... (Score:4, Insightful)

    by SCHecklerX ( 229973 ) <greg@gksnetworks.com> on Wednesday August 19, 2009 @01:57PM (#29121825) Homepage

    Who is going to pay the people who take the time and effort to encode (pirate, if you must use the term) the stuff? Yeah, it's not their original content, but certainly the *value* in the stuff you get from TPB is the format, and that stuff doesn't just magically happen, you know. I mean, if I wanted a permanent copy for myself, I could rent and rip myself. But I have better things to do with my time. And for stuff I only intend to watch once, well, TPB is a better option than blockbuster or netflix.

  • Profit! (Score:3, Insightful)

    by AttilaSz ( 707951 ) on Wednesday August 19, 2009 @01:58PM (#29121839) Homepage Journal

    1. Create a moderately funny home video. Heck, create crappy home video.
    2. Upload to PirateBay
    3. Instruct your 1000+ machine BitTorrent botnet to download it 24/7
    4. Ask GGF to pay royalties for downloads.
    5. Profit!

  • I think that this can't really be happening, they can't really be this stupid or evil. I mean look at their site laughing at legal threats. I think that this is a scheme the founders cooked up. Hear me out.

    Remember they got stuck with like a multi-million dollar bill? Now they sold their 'assets' to a company. Said company will now take control of those debts. Then they can sell their shares and quit :D. After that they form 'The pirates bay' and rip off their old database. It is the only thing that make
  • I recently downloaded Cheers. All 11 seasons. That would cost an ungodly amount for a series I have really already seen. So, what would they charge for it? I am also downloading Star Wars in HD. Bought the movies in VHS years ago, so certainly not going to pay full price for it again.

    A few bucks a month, I might be willing to pay and you could run a succesful business with that because of the large number of buyers and the cheapness of doing business over the net. But the media companies want every last pe

    • Re: (Score:3, Insightful)

      " I am also downloading Star Wars in HD. Bought the movies in VHS years ago, so certainly not going to pay full price for it again. "

      If you don't want to pay for it in a better format than the format you purchased it in, than jsut enjoy it in its VHS format.

      Just because you've purchased a copy of it (what 10+ years ago?), does not make you any less of a "pirate" than someone who has never purchased a copy. It certainly does not make your downloading of the content any more "justified".

      You've
  • I think this company that is buying TPB is a front company for the RIAA, or other equally aligned entity.

    They INTEND on driving the fucker into the ground. Why ELSE would they try and implement something so obviously stupid and doomed to failure?

    Anyone have a link to The Pirate Bay 2 yet? (Seriously, how hard would it be to simply set up another tracker with a different name?)

    If there is anything good out of this, the proceeds of the sale can be used to cover legal fees to get out from under existing legal

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