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Sunday, November 16th, 2014

    Time Event
    7:10a
    Hey UK: Jailing File-Sharers for Years is Shameful

    jailMonday this week, Kane Robinson and Richard Graham, an admin and uploader of now-defunct file-sharing forum Dancing Jesus, had their lives turned upside down when they were handed jail sentences of 32 and 21 months respectively.

    The pair had got involved in Dancing Jesus years ago, when they were teenagers. The site dealt in leaked music, no one disputes that, but if you knew of Dancing Jesus before the site got raided you were in the minority. It was a niche site, to say the least.

    Still, the UK record labels claimed the duo had cost them around £240m ($378m) in losses. It appears the court believed them and as a result the pair are locked away at this very moment for a very long time indeed.

    Sadly that estimate can only be a dramatic exaggeration. If we are to believe claims from the other side of the Atlantic, the behemoth that was Megaupload – the subject of the world’s largest copyright case – ‘only’ managed to cost the entertainment industry an alleged $500m, and that’s the estimate of a notoriously aggressive US Government.

    Also, Megaupload hosted 12 billion unique files and had 100 million users. Dancing Jesus had 12,000 registered users and carried 22,500 allegedly infringing links. Robinson and Kane made no money from their activities, that much was accepted in court. Megaupload made an alleged $175m.

    The sums don’t add up, anyone can see that, but at this point, today, none of that means much to the pair staring at four gray walls with devastated families at home and ruined lives behind them.

    Ok, they knew what they were doing and many will argue that there needs to be some kind of punishment for distributing content to the public without permission, but this week’s sentences go way too far by most sensible standards.

    Before his incarceration, Graham told TF that he’d been taking school exams when the music industry first homed in on him, and since being arrested he’d gone on to university and obtained a degree.

    And leading up to Dancing Jesus, Kane Robinson was headhunted to run the official Arctic Monkeys website by the band’s manager.

    “Kane’s fansite (which ironically shared their tracks for free and gained the band a lot of exposure) was receiving a lot more traffic than theirs. He ran that for several months,” Kane brother Kyle informs TF.

    After the closure of Dancing Jesus, both men had put file-sharing behind them and were working in legitimate jobs. Dangerous? No. Violent? No. Dancing Jesus years behind them? No doubt. Compassion then? Not a chance.

    To underline the harshness of this week’s sentences we could compare them with cases recently before the UK courts.

    Consider the pilot who admitted to flying a plane whilst three times over the drink limit yet faces a maximum two years in jail? Or what about the sex offender caught file-sharing Category A-rated child abuse images on file-sharing networks? He got a 15 month suspended sentence just days after Robinson and Graham were given 32 and 21 months each.

    Instead, however, let’s take a look at a file-sharing case that concluded last week in Finland. It involved a 40-year-old man also accused of making copyrighted content available to the public – 964 video files, 49,951 music tracks and 573 other sundry files to be precise.

    Last week the court found the man guilty of copyright infringement, fined him 1,000 euros with 2,000 euros in legal costs. He was also ordered to pay damages to local music rights group Teosto to the tune of 1,500 euros plus 3,000 euros to IFPI. Jail wasn’t on the agenda.

    Whether this is a fair punishment for the offenses in hand is for others to decide. However, it seems unlikely that those with the ability to look beyond this week’s “£240 million losses” headlines will feel that it’s proportionate for two non-violent men to spend the next few Christmas Days behind bars.

    That said, in today’s legal climate it’s unrealistic to expect UK-based file-sharing site operators to simply walk away from a court without some kind of punishment, even if they did only operate a linking forum. But even then, several years in jail makes little to no sense for non-commercial operators, especially when supposed financial losses are either plucked from thin air or a product of highly speculative accounting.

    The lesson here is simple. The ground rules, at least in the UK, have changed. The last three big cases in the UK (SurftheChannel, Fast and Furious ‘cammer’, Dancing Jesus) were all private prosecutions by the entertainment industries and have all ended in prison time for the defendants. There is no reason to think things are about to change.

    In the meantime, people like Kane’s family are left trying to rally support on Facebook in an attempt to scrape together £5,000 in a GoFundMe fundraiser to finance an appeal aimed at achieving a more realistic sentence.

    In conclusion it now appears that anyone other than low-level UK file-sharers need to consider whether their “fun” hobby is really worth losing years of their freedom over. And of course, shameful as it might be, that’s the message the industry wanted to send all along.

    Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

    4:28p
    The Pirate Beacon Pimps TPB With Movie Trailers and Info

    pirate bayMany Pirate Bay users are avid movie fans, who use their favorite torrent site to discover and download fresh content.

    Since not all titles immediately ring a bell, they often use third-party sites and services such as IMDb to find more info. In fact, nearly 2% of all IMDb visitors browsed The Pirate Bay before coming to the site, and vice versa.

    To save these users a few clicks there is now a new browser extension that pulls up movie information automatically. The Pirate Beacon, as it’s called, shows users descriptions, IMDb ratings and trailers when users hover over Pirate Bay link.

    We reached out to Jordan, the developer of Pirate Beacon, who tells us that the idea actually came from a friend who made a mockup of the discovery tool last year. After working on it for a while the project was shelved, but last Saturday he picked it up again.

    A few hours of coding later The Pirate Beacon was online.

    The extension uses IMDb links to gather movie info, so it’s only available for torrents that have this listed. The trailers are then pulled from trailersapi.com and when this fails a movie poster is displayed instead.

    “It works pretty good for newer movies but doesn’t do so well for older ones. So if I can’t find a trailer, I fall back to the IMDb posters api to grab a movie poster for it,” Jordan says.



    tpb-afk-beacon

    Jordan explains that the addon will help people to gather info about movies without having to leave the site, which can be quite cumbersome at times.

    “I think it is most useful for discovery purposes. If you’ve ever spent any time browsing TPB you will know that it’s somewhat annoying to see a movie that you’ve not heard of then have to go find it. This just takes that annoyance away,” Jordan.

    The idea appeals to a lot of fellow Pirate Bay users as it has immediately started to gain traction. After an initial Chrome release it’s now available for Firefox too. Additionally, support for many TPB proxies has been added as well.

    Jordan says he will continue to work on the project. Support for the Opera browser is one of the next items on the todo list, and he also wants to add support for more torrent sites, starting with KickassTorrents.

    “I am planning to expand it to other torrent sites as well. People have been requesting it to work with some other sites. It’s now available on Firefox and Chrome and soon to be available on Opera,” he notes.

    The Pirate Beacon’s source code is available on GitHub and the Chrome and Firefox extensions are up on the official site.

    The MPAA, meanwhile, is trying to steer people away from The Pirate Bay. The movie group launched its own search engine earlier this week.

    Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

    10:42p
    The Copyright Monopoly Wars Are About To Repeat, But Much Worse

    copyright-brandedPeople sometimes ask me when I started questioning if the copyright monopoly laws were just, proper, or indeed sane. I respond truthfully that it was about 1985, when we were sharing music on cassette tapes and the copyright industry called us thieves, murderers, rapists, arsonists, and genocidals for manufacturing our own copies without their permission.

    Politicians didn’t care about the issue, but handwaved away the copyright industry by giving them private taxation rights on cassette tapes, a taxation right that would later infest anything with digital storage capacity, ranging from games consoles to digital cameras.

    In 1990, I bought my first modem, connecting to FidoNet, an amateur precursor to the Internet that had similar addressing and routing. We were basically doing what the Internet is used for today: chatting, discussing, sharing music and other files, buying and selling stuff, and yes, dating and flirting. Today, we do basically the same things in prettier colors, faster, and more realtime, on considerably smaller devices. But the social mechanisms are the same.

    The politicians were absolutely clueless.

    The first signal that something was seriously wrong in the heads of politicans was when they created a DMCA-like law in Sweden in 1990, one that made a server owner legally liable for forum posts made by somebody else on that server, if the server operator didn’t delete the forum post on notice. For the first time in modern history, a messenger had been made formally responsible for somebody else’s uttered opinion. People who were taking part in creating the Internet at the time went to Parliament to try to explain the technology and the social contract of responsibilities, and walked away utterly disappointed and desperate. The politicians were even more clueless than imagined.

    It hasn’t gotten better since. Cory Doctorow’s observation in his brilliant speech about the coming war on general computing was right: Politicians are clueless about the Internet because they don’t care about the Internet. They care about energy, healthcare, defense, education, and taxes, because they only understand the problems that defined the structures of the two previous generations – the structures now in power have simply retained their original definition, and those are the structures that put today’s politicians in power. Those structures are incapable of adapting to irrelevance.

    Enter bitcoin.

    The unlicensed manufacturing of movie and music copies were and are such small time potatoes the politicians just didn’t and don’t have time for it, because energy healthcare defense. Creating draconian laws that threaten the Internet wasn’t an “I think this is a good idea” behavior. It has been a “copyright industry, get out of my face” behavior. The copryight industry understands this perfectly, of course, and throws tantrums about every five years to get more police-like powers, taxpayer money, and rent from the public coffers. Only when the population has been more in the face of politicians than the copyright industry – think SOPA, ACTA – have the politicians backpedaled, usually with a confused look on their faces, and then absentmindedly happened to do the right thing before going back to energy healthcare defense.

    However, cryptocurrency like bitcoin – essentially the same social mechanisms, same social protocols, same distributed principles as BitTorrent’s sharing culture and knowledge outside of the copyright industry’s monopolies – is not something that passes unnoticed. Like BitTorrent showed the obsolescence of the copyright monopoly, bitcoin demonstrates the obsolescence of central banks and today’s entire financial sector. Like BitTorrent didn’t go head-to-head with the copyright monopoly but just circumvented it as irrelevant, bitcoin circumvents every single financial regulation as irrelevant. And like BitTorrent saw uptake in the millions, so does bitcoin.

    Cryptocurrency is politically where culture-sharing was in about 1985.

    Politicians didn’t care about the copyright monopoly. They didn’t. Don’t. No, they don’t, not in the slightest. That’s why the copyright industry has been given everything they point at. Now for today’s million dollar question: do you think politicians care about the authority of the central bank and the core controllability of funds, finances, and taxation?

    YES. VERY MUCH.

    This is going to get seriously ugly. But this time, we have a blueprint from the copyright monopoly wars. Cory Doctorow was right when he said this isn’t the war, this is just the first skirmish over control of society as a whole. The Internet generation is claiming that control, and the old industrial generation is pushing back. Hard.

    We’ve already seen the magic trigger words usually applied to culture-sharing being tried on bitcoin. Like this infamous quote:

    “Bitcoin is used to buy illegal drugs!”

    Since this is laughably used in defense of the US Dollar, that argument cannot go uncountered by the trivial observation that “So… you’re claiming that the US Dollar isn’t?”. But we’re already seeing the arguments that were used in the copyright monopoly battle getting rehashed against the next generation of peer-to-peer technology. The exact same trigger words: organized crime, file sharing, child porn, drug trade. The trigger words that mirror the way “communism” was used in the US in the 1950. And “jazz music” before then, by the way.

    Beyond bitcoin, there are technologies like Ethereum and Counterparty, which aim to make the more core services of government – incorporation, courts, arbitration – obsolete and circumvented. The old structures will not accept that development sitting down.

    The entire copyright monopoly war is about to repeat. But rather than brushing it off because politicians don’t care about what’s being discussed, this time, the technology and social changes are going to be attacking the very core power of politicians head-on. This time, they will try to crush technology and its users quite deliberately, rather than out of ignorance. This time, they will hold no punches and consider no balance against rights to privacy, life, happiness, or liberty.

    But this time we’re ready. This time, we have a blueprint for exactly what will happen, because the copyright monopoly wars were the tutorial missions in the game of civil liberties. To be honest, we haven’t played the tutorial very well. But we know all the adversary’s capabilities, moves, and patterns now.

    The end of that development is either a Big Brother society beyond dystopian nightmares, or a society where cryptocurrency is firmly established and the copyright monopoly has also been abolished to cheers and whistles from a new, liberated generation, who have new problems to deal with instead of those that defined our grandparents’ generation.

    About The Author

    Rick Falkvinge is a regular columnist on TorrentFreak, sharing his thoughts every other week. He is the founder of the Swedish and first Pirate Party, a whisky aficionado, and a low-altitude motorcycle pilot. His blog at falkvinge.net focuses on information policy.

    Book Falkvinge as speaker?

    Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

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