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WinMX World :: Forum  |  Discussion  |  WinMx World News  |  Are copyright holders seeding files?

Author Topic: Are copyright holders seeding files?  (Read 606 times)

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Offline DaBees-Knees

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Are copyright holders seeding files?
« on: August 28, 2009, 08:46:13 pm »

If you’re in Europe,  “you’ve probably already heard of Digiprotect,” said p2pnet in February, quoting the BBC as saying, “Thousands of internet users have been told they’ll be taken to court unless they pay hundreds of pounds for illegally downloading and sharing hardcore porn movies.”

And, “in the middle of it all is the infamous UK lawfirm of Davenport Lyons, beloved by ‘protection’ companies in Europe, and DigiProtect’s legal representatives in Britain,” said out story, going on,The company was recently fired by Atari after making a gross mistake by targeting an innocent UK husband-and-wife.

British consumer rights lobby Which? also filed an official complaint against Davenport Lyons for its, “illegal filesharing” letter campaign.

Now, “Last year, we talked about some language in a contract being used by a company that was supposedly trying to help copyright holders track down content being shared online, for the purpose of sending out threatening ‘pre-settlement’ letters,” says Mike Masnick in TechDirt, continuing »»»

The contract appeared to indicate that the copyright holders were giving the tracking company permission to put their works on file sharing programs, for the sake of “catching” people downloading the content:

To achieve the purpose outlined in clause 1, LICENSOR grants DIGIPROTECT the exclusive right to make the movies listed in Appendix 1 worldwide available to the public via remote computer networks, so-called peer-2-peer and internet file sharing networks such as e-Donkey, Kazaa, Bitorrent, etc. for the duration of this agreement

This seemed highly questionable. Considering that this was in association with a law firm that had been known to send out a large number of these pre-settlement demand letters, but never filed a lawsuit, one could make an argument that the companies had worked out quite a system: purposely put your own content online, watch who downloads it, then send threatening letter demanding payment. Of course, there were denials all around, and people insisted that this sort of language was really only necessary so the tracking company could download the content themselves.

And yet… Michael Scott points us to a lawsuit in Germany that indicates someone may be using this very trick. It’s unclear from the writeup if this is the same company (probably not), but a guy who’s been accused not just of copyright infringement, but a criminal charge of distributing pornography, is claiming this is what happened to him. His explanation is rather compelling.

He claims that he was using a modded version of file sharing software that did not allow upload capability. In doing so, it means that he never distributed anything (which might make the “distribution” charge pretty hard to prove). But, of course, if he never shared anything, then how would his IP address get flagged?

The only real option is that whoever he downloaded it from provided the IP address back to the copyright holder — or was the copyright holder itself.

Of course… if that’s the case, one could make a pretty strong argument that the content itself was also authorized, since it was put up on the file sharing network by the copyright holder.

And, on top of all this, Mike adds, “the guy claims that the files he downloaded had misleading titles, and he didn’t intend to download pornography. Whether or not you believe any of that (or his intentions), it certainly suggests that at least some content owners may be putting their own content up in order to catch downloaders and hit them with lawsuits or settlement letters.

“It’s difficult to see how that’s legal.”

This isn't the first time that I have heard of this being suggested. We know that companies working on behalf of the cartels have flooded p2p with junk files for a long time now. Also that collecting accurate information as part of the various cartels accusations has never been a priority in the past.  8)

Offline bu44er

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Re: Are copyright holders seeding files?
« Reply #1 on: August 28, 2009, 10:34:00 pm »
For someone to attempt to archieve media for us to download only to catch us out is far more than unfair. If media companies and tax corperations where not so greedy in the first place then we would not have to download hardly any media. If i could buy a ORIGINAL DVD, CD, MP3 or any software cheap enough surely it would be better and far less time consuming than downloading.

It's all about greed, if we are downloading who is paying Value Added Tax (VAT).
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Offline MinersLantern

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Re: Are copyright holders seeding files?
« Reply #2 on: August 30, 2009, 08:14:23 am »
Does it matter?
'Downloading' anything is perfectly legal.
As is turning on your shortwave radio and 'downloading' any information you happen to hear via that route.
If they don't want anyone to see/hear it, maybe, just maybe they shouldn't post it.
Kinda like if were to park my car in a high crime area, leave the keys in the ignition, with the windows rolled down and a sign that says 'free' on the windshield, while I wait nearby in a bush with a gun to take care of the 'offender' because I get my rocks off doing that. Same situation, same retardation.
And still, the all so precious content they wish to protect is mostly garbage that isn't worth the effort to download and certainly not worth paying actual currency to watch at the theaters or purchase from the local record store. Maybe they should just attempt to con Obama into passing a global poll tax because they are 'special' and deserve the money over any and all other causes.

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