Court Orders TorrentSpy To Pay $110 Million To MPAA
from the don't-destroy-evidence dept
Just as IsoHunt is gearing up to fight its MPAA lawsuit, a judge has ordered TorrentSpy to pay $110 million to the MPAA in a similar lawsuit. However, despite the MPAA's Dan Glickman giving the expected "this is a warning to other such sites" quote, this actually shouldn't have much of an impact on other such cases -- as the details are somewhat different here. The problem with TorrentSpy's case was that the company was found to have destroyed evidence, which resulted in the ruling. It had little to do with the actual issues at hand. And, yes, while the "destroyed evidence" claim was somewhat exaggerated when the judge included TorrentSpy's refusal to spy on its users, the destruction of evidence went further than just not spying on users. The company was found to have deleted specific evidence, including forum posts and directory info. So, unless all the other torrent search engines out there also deleted evidence, it's hard to see how this case acts as a warning to anyone over anything other than the stupidity of destroying evidence. As for getting any money, given that TorrentSpy has shut down, the MPAA probably won't be getting any money -- not that they'd be giving it to moviemakers anyway.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: bittorrent, lawsuits, mpaa, trackers
Companies: mpaa, torrentspy
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Now ....
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Evil MPAA
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...so where does it go?
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Re: ...so where does it go?
Let's be honest. The whole purpose of P2P has been perverted by those who view it as a means to get something for nothing. Please do not get me wrong. I am sure that P2P is used for purposes that do not involve software and entertainment media protected under domestic and international copyright law. Unfortunately, at this point in time these uses seem to be in the distinct minority.
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Re: Re: ...so where does it go?
Off the top of my head:
1) Nearly all if not all Linux Distros
2) World of Warcraft game updates
3) Universities use it to share files between professors, and between professors and students
4) numerous free to download and use programs are available via P2P (from CutePDF Writer to Mozilla Firefox)
Don't get me wrong, a LOT of people use it to get music etc. Hell, I used it to get music. A lot faster than ripping all my CDs after a reformat (between Slayer and Metallica that's about 250 tracks or so on several dozen CDs).
Took me an hour to download all the albums I *do* own (come to me RIAA, I have the CD's in their jewel cases right next to my computer tower on a nice set of disc racks).
Digression aside (sorry) more people use non-torrent forms of P2P to download music/movies than bit torrent. AFAIK Kazaa and eMule are P2P but not BitTorrent protocol using applications.
Saying the purpose of P2P has been perverted is like saying the Internet was perverted because of all the porn. While that could be right if taken in a certain light, the truth is it hasn't been.
Porn is content whether the bible thumpers want it to be or not, and the Internet distributes it equally.
No matter what though it all comes back to the same thing. BitTorrent is a protocol, and as much as the RIAA/MPAA love to propagandize that its 'illegal' it quite frankly is not. No matter if you CAN use it 'illegally'.
You can use Google to find BitTorrent trackers just as well as TorrentSpy. All it does is point you in the right direction. YOU still have to go do it. Just because they are "making available" doesn't mean they are actually infringing, and if TorrentSPy hadn't been retarded enough to destroy evidence they could have pushed the RIAA's legal theory (which isn't working out against individuals) against them.
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Re: Re: ...so where does it go?
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re:...so where does it go?
NB
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Seriously!...
Ok, so maybe I am just going off, I am just sick of RIAA & MPAA's crying. Someone should spy on them, and sue them for being crooked and not paying the supposed "infringed" people.
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Re: Seriously!...
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Re: Seriously!...
Your age is showing. There WAS. And there was a similar outcry by the MPAA & company when VCR's hit the market, too.
And, FYI, copying cassettes and distributing them to others is copyright infringement, and has been prosecuted as such. It's just that it is much harder to trace the college student distributing cassettes at school than the student uploading files from his dorm room.
The RIAA & MPAA have to deal with new technology - which they're not. But we gain nothing by denying or ignoring the facts of the past.
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Deleted Files
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FFS!
RIAA and MPAA, $*#@ off!
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#6
I think the key difference here is enforcement. The record companies *did* complain about cassettes and, later, CD-R's (we actually have had a tariff here in Canada for years).
The difference is that you can't tell if a 14 year old is taping off the radio to a cassette. If you dl via BitTorrent then you may leave footprints.
Not taking sides, just wanted to point that out.
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Dear Bittorrent sites
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Paper Tiger
Dan Glickman: "this is a warning to other such sites"
Warning - the Robber Barons will spare no expense in wasting money on fruitless efforts.
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Hmmm
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Re: Hmmm
As a general rule, a judge has discretion to award statutory damages in an amount between $750 and $30,000 for each infringing act. Given the defendant's conduct the judge opted for the highest amount, which when multiplied against the number of infringements shown to date resulted in the $110+ award.
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Re: Re: Hmmm
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Re: Re: Re: Hmmm
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Re: Re: Re: Re: Hmmm
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Having CDs and using p2p
IMO, there is no doubt that copyright protection has become insane. Everyone can be sued for anything with any punishment. Some people sell copies, even using PayPal and the likes, and the case is ignored. (Happened to a friend of mine.) On the other hand, a 5 year old uses p2p and the parents get sued for 5000€.
Don't even try to suggest that the situation is not insane.
I believe in a liberal net and control when it enters RL. Copying copyrighted data is something many people do, often it doesn't even reduce the amount of money they spend on a company/artist/whatever, a disproportional punishment is out of place. SELLING stolen data, or profiting from it, on the other hand, is a crime and should be treated as such.
(BTW: Thus, I am VERY angry at PayPal right now. With what they did in this case, they directly support criminals and should pay for what they did. This seems to be common for PayPal, so maybe taking them down would be more justified than taking down TorrentSpy, which gathered incomparably less money per stolen data.)
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My junk
My penis is huge, tart worshiping
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