OINK

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catch's picture
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http://www.mtv.com/news/articles/1572554/20071023/id_0.jhtml

Quote:
A special message greeted some of the estimated 180,000 paid members of music file-sharing Web site OiNK.cd when they tried to access it on Tuesday: "This site has been closed as a result of a criminal investigation by IFPI [International Federation of the Phonographic Industry], BPI [British Phonographic Industry], Cleveland [U.K.] police and the Fiscal Investigation Unit of the Dutch police, into suspected illegal music distribution. A criminal investigation continues into the identities and activities of the site's users."

The site — described by the IFPI as the world's biggest source of pirated pre-release albums — had been the subject of a two-year investigation overseen by Interpol and known as "Operation Ark Royal"

Refused's picture
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sad

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Would it be a good idea to delete oink torrents from the tracker now?

lem
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gutted sad

oh and ne invites to tipple is it, or anything similar, pm me smile :) smile !

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First tv-links gets shut down, now this. What is going on over there?

lem
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everyon;s shitting themselve. sort of state terror without the bombs.

shit man i hope the guy's not facing prison. fair dos i mean if he was doing it gratis [i don't know] he's a fuckin hero in my book.

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j.rogue wrote:
First tv-links gets shut down, now this. What is going on over there?

Um, a massive anti-piracy raid by the cops?

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This looks pretty serious, and there's been loads of misinformation/shit journalism already.

catch's picture
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jimmer wrote:
This looks pretty serious, and there's been loads of misinformation/shit journalism already.

They just copy and paste press releases all day including most of the print papers.

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j.rogue wrote:
First tv-links gets shut down, now this. What is going on over there?

Shit, when did tv-links go down? Was that linked to the oink raid or something?

lem
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it was a few days before oink.

Joined: 28-09-04
catch wrote:
http://www.mtv.com/news/articles/1572554/20071023/id_0.jhtml
Quote:
The site — described by the IFPI as the world's biggest source of pirated pre-release albums — had been the subject of a two-year investigation overseen by Interpol and known as "Operation Ark Royal"

Always preferred Joy Division.

I'll get my jacket.

Tacks's picture
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do that.

BTW allsp.com and movie6.net still work for TV links.

Rob Ray's picture
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Quote:
They just copy and paste press releases all day including most of the print papers.

Ah now be fair, sometimes they phone up the police for a comment as well.

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I think it's worth taking note of what the guy was arrested for as copyright infringement is a civil matter and not a criminal one. The arrest for conspiracy to defraud appears to relate to accepting donations (which the media is reporting as being incredibly lucrative, and totally ignoring the costs of hosting a site with 100,000+ active users) so if the guy had been accepting the donations for personal gain (which I very much doubt) he should probably have done what infoshop's done and just been open about wanting donations to pay for holidays.

Joseph Kay's picture
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basically for there to be a crime under the law the cops are quoting, he either has to have run the site for personal gain or with intent to cause others loss. The latter would be awkward, because research has shown the most prolific users of p2p also tend to be the most prolific gig-goers (which supports artists way more than royalties), and the spurious argument that if you download 100 albums you've cost them 100 albums sales would probably fall apart in court (iirc they've used this to caluculate compensation when suing random children's parents).

hence the cops have to spread lies that OiNK was a lucrative subscription-only site etc. And the guy who ran it looke a lot like Hussain Osman and his jacket had wires coming out of it (which probably contained pirated music!!!).

They obviously know that this is bullshit because they're now taliking about criminalising file sharing per se to get around the 'personal gain/intent to cause loss' requirement (i.e. they don't want to prove there's a victim, since juries might not lock people up for allegedly hurting the profits of multinationals - since many jurors might well use p2p, themselves, or watch premiership highlights on youtube or whatever).

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So would it be a good idea for someone running a tracker to keep a seperate account for donations and then keep records of income/costs etc? That way they could prove there was no personal gain right?

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that would seem to make sense yeah. could even say any surplus would be given away (to a defense fund perhaps?).

the way the law works they could still try the 'intent to cause loss to another' one. there's something called oblique intent, like say you try and assasinate someone with a sniper rifle, and they step behind a window. you intend to kill them, but don't give a shit about the window, the law would still say you intended (obliquely) to break the window (if they wanted to charge you with criminal damages as well as murder like). but like i say it's a potential minefield because they'd actually have to first establish and quantify the supposed loss , then convince a jury it's a bad thing - not a given since everyone hates profiteers. thus they paint the priate as the profiteer, and the music industry as benevolents looking out for their artists welfare.

bit of a tangent: radiohead released their new album as a download recently on a 'name your price' basis (£0-£whatever), falsifying the homo economicus thesis, suggesting the obsolescence of much of the music industry and probably making more per unit than royalties anyway. not one of their best records though.

rkn
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Quote:
He was detained on suspicion of conspiracy to defraud and copyright infringement and has been released on police bail for two months
Quote:
But speaking after his arrest he claimed it was no more illegal than search engine sites such as Google which could also direct users to illegal music downloads.

Police and music industry investigators have suggested that hundreds of thousands of pounds a year could be made by the site.

Quote:
Mr Ellis was contracted to work as an IT consultant for Virgin Media’s contact centre in nearby Stockton-on-Tees, but was dismissed on the day of his arrest.

He told The Daily Telegraph: “I haven’t done anything wrong. I don’t believe my website breaks the law. They don’t understand how it works.

"The website is very different from how the police are making it out to be. There is no music sold on the site - I am doing nothing wrong.

"When I set up the site I didn’t think I was doing anything illegal and I still don’t. There are 180,000 users and there has been an outcry about what has happened to me.

http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/10/25/ninternet125.xml

Its all just crappy lies about how its a subscription based site and its all the fault of the guy who ran it etc. etc.

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is it legal to sack someone for being arrested? (innocent until proven guilty and that...)

of course if he used work time/resources to run the site they'd probably have him on gross misconduct. police raided his work although possibly just to fuck him up (with animal rights people apparently they've phoned up employers and said 'so-and-so's an eco-terrorist').

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You can sack someone for bringing the company into disrepute, and bearing in mind he was working in IT for Virgin Media, that would probably apply to their relations with producers etc. Also he was being contracted so it might be a dismissal but not a sacking.

Joseph Kay's picture
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yeah ok. it is disrepute i guess, a pirate working for a media corp... has anyone seen any support stuff yet? i'd bung him a tenner

rkn
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I guess if they dont know if he is going to court yet then there hasnt been any support stuff..

Joseph Kay's picture
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yeah makes sense. and he's already loaded from that lucrative subscription-only scam he's been running right? wink

rkn
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lem
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yeah i'd bung that cunt a tenner as well sad

rkn
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word is the pirate bay is re-opening oink soon.

lem
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hey cool bung a link on here if it goes up.

lem
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and now demonoid angry

eta tho might be back soon http://torrentfreak.com/demonoid-shuts-down-again-071109/

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Are there legal defence funds for this kind of thing? It's pretty terrifying and EVERYONE is potentially affected by it. Could be the basis for a popular challenge to capital in our age.

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catch wrote:
jimmer wrote:
This looks pretty serious, and there's been loads of misinformation/shit journalism already.

They just copy and paste press releases all day including most of the print papers.

What do you want us to do, work hard? Stalinist.