Spanish Judges Liken File Sharing to Lending Books

Jun 11, 2008
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Well atleast this is better than Eircom threatening to remove your internet priveledges if you are caught download illegally 3 times. I still want to knwo how they can do that if it is being sent through peer to peer.
 

ExileNZ

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Fuckin' awesome! How long have we been waiting for actual judges (as opposed to FOS bloggers) to say this one in public?

This is gonna kick up a shitstorm overseas though...
 

WirlWind

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While internet freedom is all well and good, it's not like lending books. I believe it's illegal to photocopy and entire book and loan that, but it's legal to loan the original copy.

File sharing is akin to copying the entire book, which is still illegal, which means this isn't "logical", it's wrong.
 

ExileNZ

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Glademaster said:
Well atleast this is better than Eircom threatening to remove your internet priveledges if you are caught download illegally 3 times. I still want to knwo how they can do that if it is being sent through peer to peer.
Big Brother is watching you search, download and fap.
 

Aesthetical Quietus

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Angry Caterpillar said:
Well God damn it.

Frankly, I don't see it as lending books, unless you could magically xerox an entire book in five minutes indefinitely for all of your friends whenever you felt like it.
What does time have to do with anything? With advances in technology, time spans decrease too. Remove time from the factor, and it is a valid analogy. [So long as the pirates it applies to delete the copy off their system afterwards].

The only difference being that with a Library you have one copy, for 100's of people. With P2P hundreds of thousands of copies essentially exist.

So basically, remove time from the equation and say the pirates are hard up for hard-drive space, and the analogy stands.

I'm not saying that I agree[Mostly because you end up removing the time, thus the pain-in-the-ass motivation for someone to buy that product for themselves, and they don't have to return it. It means that the developers get ripped off, which is really not on]. But it's quite a neat analogy and we might be seeing a historic case here. [Not to mention P2P serves are going to flock to spain].
 

Aesthetical Quietus

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Glademaster said:
Well atleast this is better than Eircom threatening to remove your internet priveledges if you are caught download illegally 3 times. I still want to knwo how they can do that if it is being sent through peer to peer.
They generally leave the getting caught up to the big companies like RIAA. They do it via a couple of ways, but for example... if you hop into something like uTorrent, you can see what peers you are connected to. It wouldn't be hard to code something that will connect to all the seeds and leeches in a torrent, thus generating a huge list of IP's that are downloading said file. You trace that IP back to the ISP, send them an email saying x IP was caught downloading x file(s) in this time frame. The ISP looks up who has/had that IP address at that specific time, and thus the warning is generated. [RIAA probably'd look at charging you too, since the ISP would probably have to/want to release your name and details. [In order to avoid a court case]].

I don't know how legal that is, but that's like the gist of it [they do it in a very specific way to get through the loop holes I think]. It'd take a couple of seconds to do it for a public site. [Ie, Pirate Bay/Mininova, etc [Well, what they were.]] [It would only take a few days if that to code a program to load a .torrent, take all the peers, trace all the IP's located, and send an auto cease and desist order].
Peer Guardian was created to help with this kinda thing [Not perfect, but it's a lot safer than not having it].
 
Jun 11, 2008
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Aesthetical Quietus said:
Glademaster said:
Well atleast this is better than Eircom threatening to remove your internet priveledges if you are caught download illegally 3 times. I still want to knwo how they can do that if it is being sent through peer to peer.
They generally leave the getting caught up to the big companies like RIAA. They do it via a couple of ways, but for example... if you hop into something like uTorrent, you can see what peers you are connected to. It wouldn't be hard to code something that will connect to all the seeds and leeches in a torrent, thus generating a huge list of IP's that are downloading said file. You trace that IP back to the ISP, send them an email saying x IP was caught downloading x file(s) in this time frame. The ISP looks up who has/had that IP address at that specific time, and thus the warning is generated. [RIAA probably'd look at charging you too, since the ISP would probably have to/want to release your name and details. [In order to avoid a court case]].

I don't know how legal that is, but that's like the gist of it [they do it in a very specific way to get through the loop holes I think]. It'd take a couple of seconds to do it for a public site. [Ie, Pirate Bay/Mininova, etc [Well, what they were.]] [It would only take a few days if that to code a program to load a .torrent, take all the peers, trace all the IP's located, and send an auto cease and desist order].
Peer Guardian was created to help with this kinda thing [Not perfect, but it's a lot safer than not having it].
Well I meant to say how could they do it without adding spyware to your computer as there are perfectly legal files available for download on piratebay and other such sites.
 

Ironic Pirate

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May 21, 2009
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Nobody expected this!

Get it, they're spanish, and it was unexpected...

Never mind. I've probably been ninja'd.
 

Aesthetical Quietus

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Glademaster said:
Aesthetical Quietus said:
Glademaster said:
Well atleast this is better than Eircom threatening to remove your internet priveledges if you are caught download illegally 3 times. I still want to knwo how they can do that if it is being sent through peer to peer.
They generally leave the getting caught up to the big companies like RIAA. They do it via a couple of ways, but for example... if you hop into something like uTorrent, you can see what peers you are connected to. It wouldn't be hard to code something that will connect to all the seeds and leeches in a torrent, thus generating a huge list of IP's that are downloading said file. You trace that IP back to the ISP, send them an email saying x IP was caught downloading x file(s) in this time frame. The ISP looks up who has/had that IP address at that specific time, and thus the warning is generated. [RIAA probably'd look at charging you too, since the ISP would probably have to/want to release your name and details. [In order to avoid a court case]].

I don't know how legal that is, but that's like the gist of it [they do it in a very specific way to get through the loop holes I think]. It'd take a couple of seconds to do it for a public site. [Ie, Pirate Bay/Mininova, etc [Well, what they were.]] [It would only take a few days if that to code a program to load a .torrent, take all the peers, trace all the IP's located, and send an auto cease and desist order].
Peer Guardian was created to help with this kinda thing [Not perfect, but it's a lot safer than not having it].
Well I meant to say how could they do it without adding spyware to your computer as there are perfectly legal files available for download on piratebay and other such sites.
Yes, but the only track files which are exclusively owned by them. Thus illegal to download. I wouldn't put putting spyware[specifically for their own purposes, they have put junk into torrents before] on your computer past them, but as far as I know, there are no recorded cases of it... yet.
No matter what method is used, there is a way to track it. I was merely giving a specific example. The way they do it merely varies.
 

lacktheknack

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Jan 19, 2009
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Angry Caterpillar said:
Well God damn it.

Frankly, I don't see it as lending books, unless you could magically xerox an entire book in five minutes indefinitely for all of your friends whenever you felt like it.
This. The judges misunderstood what file-sharing is.
 

crepesack

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May 20, 2008
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A one-way ticket to Spain please. I think someone on the judges panel hasn't paid for music in awhile.
 

crepesack

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Aesthetical Quietus said:
Glademaster said:
Aesthetical Quietus said:
Glademaster said:
Well atleast this is better than Eircom threatening to remove your internet priveledges if you are caught download illegally 3 times. I still want to knwo how they can do that if it is being sent through peer to peer.
They generally leave the getting caught up to the big companies like RIAA. They do it via a couple of ways, but for example... if you hop into something like uTorrent, you can see what peers you are connected to. It wouldn't be hard to code something that will connect to all the seeds and leeches in a torrent, thus generating a huge list of IP's that are downloading said file. You trace that IP back to the ISP, send them an email saying x IP was caught downloading x file(s) in this time frame. The ISP looks up who has/had that IP address at that specific time, and thus the warning is generated. [RIAA probably'd look at charging you too, since the ISP would probably have to/want to release your name and details. [In order to avoid a court case]].

I don't know how legal that is, but that's like the gist of it [they do it in a very specific way to get through the loop holes I think]. It'd take a couple of seconds to do it for a public site. [Ie, Pirate Bay/Mininova, etc [Well, what they were.]] [It would only take a few days if that to code a program to load a .torrent, take all the peers, trace all the IP's located, and send an auto cease and desist order].
Peer Guardian was created to help with this kinda thing [Not perfect, but it's a lot safer than not having it].
Well I meant to say how could they do it without adding spyware to your computer as there are perfectly legal files available for download on piratebay and other such sites.
Yes, but the only track files which are exclusively owned by them. Thus illegal to download. I wouldn't put putting spyware[specifically for their own purposes, they have put junk into torrents before] on your computer past them, but as far as I know, there are no recorded cases of it... yet.
No matter what method is used, there is a way to track it. I was merely giving a specific example. The way they do it merely varies.
How would they differentiate between private and public domain material then?
 
Jun 11, 2008
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Aesthetical Quietus said:
Glademaster said:
Aesthetical Quietus said:
Glademaster said:
Well atleast this is better than Eircom threatening to remove your internet priveledges if you are caught download illegally 3 times. I still want to knwo how they can do that if it is being sent through peer to peer.
They generally leave the getting caught up to the big companies like RIAA. They do it via a couple of ways, but for example... if you hop into something like uTorrent, you can see what peers you are connected to. It wouldn't be hard to code something that will connect to all the seeds and leeches in a torrent, thus generating a huge list of IP's that are downloading said file. You trace that IP back to the ISP, send them an email saying x IP was caught downloading x file(s) in this time frame. The ISP looks up who has/had that IP address at that specific time, and thus the warning is generated. [RIAA probably'd look at charging you too, since the ISP would probably have to/want to release your name and details. [In order to avoid a court case]].

I don't know how legal that is, but that's like the gist of it [they do it in a very specific way to get through the loop holes I think]. It'd take a couple of seconds to do it for a public site. [Ie, Pirate Bay/Mininova, etc [Well, what they were.]] [It would only take a few days if that to code a program to load a .torrent, take all the peers, trace all the IP's located, and send an auto cease and desist order].
Peer Guardian was created to help with this kinda thing [Not perfect, but it's a lot safer than not having it].
Well I meant to say how could they do it without adding spyware to your computer as there are perfectly legal files available for download on piratebay and other such sites.
Yes, but the only track files which are exclusively owned by them. Thus illegal to download. I wouldn't put putting spyware[specifically for their own purposes, they have put junk into torrents before] on your computer past them, but as far as I know, there are no recorded cases of it... yet.
No matter what method is used, there is a way to track it. I was merely giving a specific example. The way they do it merely varies.
That's fair enough but other than something like that there isn't anyway I can think of them being able to do it really.
 

Aesthetical Quietus

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Mar 4, 2009
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Glademaster said:
Aesthetical Quietus said:
Glademaster said:
Aesthetical Quietus said:
Glademaster said:
Well atleast this is better than Eircom threatening to remove your internet priveledges if you are caught download illegally 3 times. I still want to knwo how they can do that if it is being sent through peer to peer.
They generally leave the getting caught up to the big companies like RIAA. They do it via a couple of ways, but for example... if you hop into something like uTorrent, you can see what peers you are connected to. It wouldn't be hard to code something that will connect to all the seeds and leeches in a torrent, thus generating a huge list of IP's that are downloading said file. You trace that IP back to the ISP, send them an email saying x IP was caught downloading x file(s) in this time frame. The ISP looks up who has/had that IP address at that specific time, and thus the warning is generated. [RIAA probably'd look at charging you too, since the ISP would probably have to/want to release your name and details. [In order to avoid a court case]].

I don't know how legal that is, but that's like the gist of it [they do it in a very specific way to get through the loop holes I think]. It'd take a couple of seconds to do it for a public site. [Ie, Pirate Bay/Mininova, etc [Well, what they were.]] [It would only take a few days if that to code a program to load a .torrent, take all the peers, trace all the IP's located, and send an auto cease and desist order].
Peer Guardian was created to help with this kinda thing [Not perfect, but it's a lot safer than not having it].
Well I meant to say how could they do it without adding spyware to your computer as there are perfectly legal files available for download on piratebay and other such sites.
Yes, but the only track files which are exclusively owned by them. Thus illegal to download. I wouldn't put putting spyware[specifically for their own purposes, they have put junk into torrents before] on your computer past them, but as far as I know, there are no recorded cases of it... yet.
No matter what method is used, there is a way to track it. I was merely giving a specific example. The way they do it merely varies.
That's fair enough but other than something like that there isn't anyway I can think of them being able to do it really.
Give me the method you use or are interested in, and I'll think of the way I'd do it.
 
Jun 11, 2008
5,331
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Aesthetical Quietus said:
Glademaster said:
Aesthetical Quietus said:
Glademaster said:
Aesthetical Quietus said:
Glademaster said:
Well atleast this is better than Eircom threatening to remove your internet priveledges if you are caught download illegally 3 times. I still want to knwo how they can do that if it is being sent through peer to peer.
They generally leave the getting caught up to the big companies like RIAA. They do it via a couple of ways, but for example... if you hop into something like uTorrent, you can see what peers you are connected to. It wouldn't be hard to code something that will connect to all the seeds and leeches in a torrent, thus generating a huge list of IP's that are downloading said file. You trace that IP back to the ISP, send them an email saying x IP was caught downloading x file(s) in this time frame. The ISP looks up who has/had that IP address at that specific time, and thus the warning is generated. [RIAA probably'd look at charging you too, since the ISP would probably have to/want to release your name and details. [In order to avoid a court case]].

I don't know how legal that is, but that's like the gist of it [they do it in a very specific way to get through the loop holes I think]. It'd take a couple of seconds to do it for a public site. [Ie, Pirate Bay/Mininova, etc [Well, what they were.]] [It would only take a few days if that to code a program to load a .torrent, take all the peers, trace all the IP's located, and send an auto cease and desist order].
Peer Guardian was created to help with this kinda thing [Not perfect, but it's a lot safer than not having it].
Well I meant to say how could they do it without adding spyware to your computer as there are perfectly legal files available for download on piratebay and other such sites.
Yes, but the only track files which are exclusively owned by them. Thus illegal to download. I wouldn't put putting spyware[specifically for their own purposes, they have put junk into torrents before] on your computer past them, but as far as I know, there are no recorded cases of it... yet.
No matter what method is used, there is a way to track it. I was merely giving a specific example. The way they do it merely varies.
That's fair enough but other than something like that there isn't anyway I can think of them being able to do it really.
Give me the method you use or are interested in, and I'll think of the way I'd do it.
Anything that doesn't involve the use of Eircom putting Spyware or any software on my comptuer for tracking what files I am downloading. I will accept say a usage meter type thing but nothign that directly looks at what I am downloading.