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14-04-2005, 19:51   #166
SouperComputer
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Quote:
Originally Posted by Rew
Yeah it would be a good idea to get rid of the physical evidence. Then install a wireless access point with no encryption and let them prove it wasn't sombody else logging in wirelessly...

that with a windows 98 machine, no updates, no AV, no firewall, a few trojans, a sprinkle of spyware and the entire contents of C:\ shared with full RW access should do the trick

of course, the machine in question would have a 98 COA! Anything else would be STEALING!
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14-04-2005, 19:54   #167
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Originally Posted by BlackWizard
I dont know if this will make people feel better.
But i was told that they are stopping "uploaders".
Basically there is a company checking ISPs to see if there is anyone that has been uploading more than the average person. They then need a type of search warrent to get more details from the ISP and yet again another search warrent to confiscate your harddrive. I got the impression from what i was told that this company is working in conjunction with the Gardai.

I


They need to have evidence that you were actually uploading specific copyrighted material before they'll look for an injunction to seize your hard drives. These injunctions are difficult to obtain and If they just had evidence you were uploading more than the average user the court wouldn't grant one.

Also, if they did obtain the injunction and subsequently found nothing on your drives you could fight back with a counter-claim for damages not to mention the legal costs they'd be faced with.
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14-04-2005, 20:12   #168
SouperComputer
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heres a hypothetical situation:

your ISP is in your personal name, so they come after you. But "you" dont have any files.

The server on which your files (linux ISO's etc) are stored on is property of a company in the same building. You may be the owner of that company.

Would they have to get a separate warrant for the companies equipment?
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14-04-2005, 20:18   #169
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You wouldn't have a problem with Linus ISOs (unless you're using it in the nudge, nudge, wink, wink type of way). Other than that, IANL but it may depend on whether you are operating as a sole trader.
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14-04-2005, 20:18   #170
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Depends on the scope of the warrant. If the gardaí suspected this as a possibility they might widen the scope of the warrant, but there's a chance the judge would be less likely to sig it then. I don't understand why the Linux ISOs would be an issue, even SuSE/Novell allows people to download them these days. The only ISOs that could possibly cause hassle would be something like RHEL, and I can't see Red Hat kicking up much of a fuss about it. The primary focus for the gardaí would be music files that infringe, since the raids would be sponsored by IRMA. (I'm being cynical.)

adam

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14-04-2005, 21:42   #171
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Originally Posted by SouperComputer
Would they have to get a separate warrant for the companies equipment?
Companies don't have the right to own property. Technically, only people do. It's in the constitution. They get a warrant for property controlled by the directors.
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14-04-2005, 22:47   #172
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looks like Kazaa and Gnutella users (limewire, bearshare, shareazaa etc)

12th April 2005 - Irish Recording Industry Takes Legal Action Against Major Music Filesharers

The Irish Recorded Music Association, IRMA, today announced the start of legal action against "serial filesharers" in Ireland who illegally make copyrighted music available on the Internet. IRMA is seeking damages and injunctions against 17 individuals who have illegally uploaded hundreds or thousands of music tracks onto peer-to-peer filesharing networks.

As a first step, IRMA is asking Internet Service Providers to release the names of the individuals they have found to be abusing copyright on the Internet. The major filesharers subject to legal action include users of the filesharing network FastTrack - on which KaZaA runs - and the Gnutella network.

IRMA Director General, Dick Doyle, said: "This action is being taken against serial file sharers. The top six offenders have uploaded in excess of 2,000 illegal files which is equivalent to 200 albums. This is wholesale mass distribution and is effectively stealing the livelihood of the creators of music. When you consider that each of these individuals could be connected to up to 2 million others at any one time, you begin to appreciate the scale of the damage. We have been issuing warnings for 15 months now. It is time to take action - we are not accepting this situation anymore."

Massive illegal file-sharing is undermining the livelihoods of everyone in the creative chain involved in making music, from composers and music publishers to performers, musicians and record companies. Abuse of copyright on the Internet has contributed to a €28 million drop in music sales in Ireland between 2001 and 2004, a decline of 19%.

The current legal action comes after 15 months of educational initiatives to raise awareness of the cultural and economic damage done by illegal file-sharing. These initiatives have included educational brochures sent to colleges and businesses, an extensive radio campaign on national and local radio, countless media interviews and an informative website www.pro-music.org. Instant messages have also been sent to the computers of illegal filesharers worldwide warning them of the consequences if they continue breaking the law.

On behalf of the composers and publishers of music, Victor Finn, Managing Director of MCPS (Ireland) said: "We fully endorse the actions taken by IRMA today. All parties have been fully aware of their responsibilities for some time in this area. Unfortunately, not all have heeded the warnings given and they have made this action inevitable."

IRMA's announcement comes after a breakthrough year for legitimate online music services that are offering legal downloads to consumers. The current legal action is aimed at giving crucial breathing space to legal services and allowing them room to develop. There are five major legitimate services in Ireland: iTunes, Eircom Music Club, mycoke.com, vitaminic.com music club and wippit.co.uk.

The launch of legal actions in Ireland forms part of an announcement from the international recording industry that it is stepping up litigation against illegal filesharers internationally. IFPI, the organisation representing the recording industry worldwide, has today announced a total of 963 new actions launched in 11 countries in Europe and Asia. This brings the total number of cases against illegal filesharers to 11,552 worldwide. In Europe, 248 individuals, mostly men aged 25-35, have already paid average fines of €3,000.

The latest research suggests that the international legal campaign is already having an impact. Overall, the number of infringing music files on the internet dropped from its peak of 1.1 billion in April 2003 to 870 million in January 2005, a drop of 21% despite a sharp rise in broadband penetration worldwide. KaZaa, which used to be the largest and most popular filesharing services, has seen its number of users drop by around 45% since the start of the warning and litigation campaign.

Éanna Casey, Chief Executive of Recorded Artists and Performers (R.A.A.P), said: "R.A.A.P fully endorses the actions outlined this morning by IRMA. Online music piracy is selfish, illegal and has a direct impact on the economic welfare of Recording Artists and Performers. No industry can be expected to allow illegal activities to continue unchallenged, the unauthorised uploading of copyrighted music is now being confronted and R.A.A.P. is committed to protecting its members' moral and economic rights."

Source: IRMA
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14-04-2005, 23:07   #173
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after reading this topic i installed peerguardian2 and keep it running when i'm using bittorrent, what exactly does it do in laymans terms?
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14-04-2005, 23:12   #174
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is it me or is 2000 files uploaded a bit 'tame'?

surely if they were 'serial filesharers' the amount would be oodles more.
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14-04-2005, 23:18   #175
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Quote:
Originally Posted by Pa ElGrande
This is wholesale mass distribution and is effectively stealing the livelihood of the creators of music. When you consider that each of these individuals could be connected to up to 2 million others at any one time, you begin to appreciate the scale of the damage.
That's some mega bandwidth they have to be connecting to 2 million others at one time.
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14-04-2005, 23:20   #176
dahamsta
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Quote:
Originally Posted by Pa ElGrande
Massive illegal file-sharing is undermining the livelihoods of everyone in the creative chain involved in making music, from composers and music publishers to performers, musicians and record companies. Abuse of copyright on the Internet has contributed to a €28 million drop in music sales in Ireland between 2001 and 2004, a decline of 19%.
Looks like it's Ireland's turn to disperse the FUD generated by the liars the recording industry seems to breed like rats.

(I'm not saying that sharing copyrighted files isn't wrong. I'm saying that I'll eat my hat if those figures aren't bullsh1t.)

adam
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14-04-2005, 23:24   #177
oscarBravo
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Quote:
Originally Posted by aphex™
Companies don't have the right to own property. Technically, only people do.
Technically, companies are people. Companies can and do own property.
Quote:
Originally Posted by aphex™
It's in the constitution.
Where?
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14-04-2005, 23:27   #178
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would those figures quoted, for the decline in the Irish music industry, factor in people buying of the internet from companies outside Ireland.

Cdwow, play, amazon, etc?
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14-04-2005, 23:29   #179
Rew
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Quote:
Originally Posted by kaimera
is it me or is 2000 files uploaded a bit 'tame'?

surely if they were 'serial filesharers' the amount would be oodles more.
It is tame, but the more techie savy amoung us arn't stupid enough to get caught...
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14-04-2005, 23:34   #180
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Originally Posted by The_Bullman
would those figures quoted, for the decline in the Irish music industry, factor in people buying of the internet from companies outside Ireland.

Cdwow, play, amazon, etc?
More than likely. People have started to realise that cds can be bought for less than €22 a pop. Maybe they wouldn't be reporting such substantial losses if they didn't allow HMV et al to charge so much for a cd.

Also, didn't IRMA sue CDWow last year too?
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