Brazilian Court Says It's Illegal To Distribute File Sharing Software If You Have Ads On Your Site

from the that-doesn't-seem-right dept

Mon, Sep 21st 2009 1:27am — Mike Masnick

A judge in Brazil has apparently told a website that offers downloads of a P2P file sharing app that because it has ads on the site, its operators can be found guilty of criminal copyright infringement and may face jailtime. Specifically, the entertainment industry had sued a particular website because it distributed a piece of file sharing software called K-Lite Nitro, even though it does not make or control the software. After first demanding that the software filter out a huge list of content, which was impossible since the website operators had nothing to do with the software, the company behind the website is now being told by the court that just offering up the software is infringing. So... first there was contributory infringement for file sharing apps themselves... and now they're going after sites that distribute such software? What is that? Contributory contributory copyright infringement? The site plans to appeal, noting that there are plenty of legal uses of the software as well. They also might want to point out that some forms of Brazilian music has done quite well by embracing file sharing to their advantage... But, for some reason, no one ever seems to want to look at that side of the equation.

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Filed Under: brazil, contributory infringement, copyright, file sharing, k-lite nitro, p2p

14 Comments

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Concerned, 21 Sep 2009 @ 2:30am

Duh, obvious
Of course it's illegal. Anyone peddling, or having any connection with peddling this unauthorised p2p software must be shut down.

We all know what it's used for, don't we?

It's bloody obvious!
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Anonymous Coward, 21 Sep 2009 @ 2:45am

In the courts defence... adverts are really annoying.
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Anonymous Coward, 21 Sep 2009 @ 2:52am

Re: Duh, obvious
Oh I agree. Lets get rid of all software that allows sharing of files because maybe they will use it to share illegal files.

While we are at it, lets ban alcohol because drunk drivers kill people. And lets sue the alcohol makers for making things that kill people, and sue the stores for distributing that damn perfectly legal substance.

Oh and don't forget the Car manufacturers, their cars kill people, oh and gun makers and owners.
Oh and just incase lets sue people selling telephones, after all I could talk on them to my friend, and tell him where to download illegal software, so obviously they are at fault.

And in case you still don't get it.
Just because something that is LEGAL is used ILLEGALLY, doesn't put the blame on the creator, or the Item, it puts the blame on the USER.. Guns, Cars, Alcohol, Computers, Radio transmitters, Telephones.. All Legal.. All very very usable to do some really illegal stuff, and way more dangerous than sharing a file.
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Richard (profile), 21 Sep 2009 @ 3:29am

Re: Re: Duh, obvious
Guns, Cars, Alcohol...All Legal.. All very very usable to do some really illegal stuff

Yeah but they only enable you to do some really unimportant crimes like murder. Whereas p2p enables copyright infringement - which as we all know is far more important...

see

http://www.freedom-to-tinker.com/blog/felten/us-copyright-may-get-harsher-and -broader

and

http://www.freedom-to-tinker.com/blog/felten/riaa-says-future-drm-might-threaten- critical-infrastructure-and-potentially-endanger-liv
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Concerned Citizen, 21 Sep 2009 @ 3:43am

Sue techdirt!
Notice that techdirt, by mentioning this case, is indirectly advertising this site!

Let me say this again:

Techdirt is drawing your attention to a site that offers a software that, when you know where to find illegal torrents, can be used to download copyrighted stuff! It's as if techdirt was beating up the RIAA guys in the street and steal their money!
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Anonymous Coward, 21 Sep 2009 @ 3:48am

Re: Re: Re: Duh, obvious
Wow.. Thats really completely scary..

And Im just left to ask, with such obvious evidence that America's political system is completely corrupt, what the hell could be more interesting to journalists. Britney's latest boob job? apparently.. coudlnt be the fact that politicians are obviously selling their constituents down the drain for some extra dosh. People pretty much expect it now.

Viva La Revolution.?.?.?
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Mike Wisniewski, 21 Sep 2009 @ 5:03am

I think it was the public utility
If these people didn't have electricity they wouldn't be engaging in illegal file sharing activity. Come on guys go after the real criminals the electric company.
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Chronno S. Trigger (profile), 21 Sep 2009 @ 5:09am

Re: Sue techdirt!
So are the Brazilian courts. Sue them while you're at it.
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..., 21 Sep 2009 @ 5:11am

Re: Re: Duh, obvious
I thought the post was being sarcastic, but you bring up a good point.

"get rid of all software that allows sharing of files"

And I guess there are those out there that would like the idea. There is slight problem with this type of thinking. Almost all software shares files, that is how it works. So, if one wanted to stop all file sharing then they would have to get rid of all computers. I doubt that is going to happen.
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Anonymous Coward, 21 Sep 2009 @ 5:20am

Constitution.
Even for Brazil that must be something wrong with that ruling as it is making a new law and not just enforcing the law.

It is not the job of congress to define what is legal and what is not?

I'm confused.
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jadedtech, 21 Sep 2009 @ 5:31am

file sharing?
"get rid of all software that allows sharing of files"

Wow....that means microsoft can get sued for creating Active Directory....or ARPANET for creating the internet? hell, let's go after Xerox......oooh....better yet, the guys who created the printing press! Oh! Storytellers of Native American Indians too! They are all 'sharing information'....

Geeze, mankind has a long way to go to wake up. I suggest everyone get a copy (free!) of "Steal this movie" part one and 2. Of keen note, pay attention in part two where they talk about the printing press and how illegal it was initially....
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aguywhoneedstenbucks (profile), 21 Sep 2009 @ 6:54am

Re: Re: Re: Duh, obvious
What about a copy machine? That's the grandfather of P2P software.
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Doubly Concerned Citizen, 21 Sep 2009 @ 8:07am

Re: Sue techdirt!
I found Techdirt via Google. They should sue them too. And all the sites that Google links to, just for good measure.
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ChadBroChill (profile), 21 Sep 2009 @ 10:54am

Re: Re: Re: Duh, obvious
The mafIAA would like eliminating computers, putting us back in the dark ages of *gasp* vinyl, where they could sell us huge pieces of plastic instead of the tiny ones that are used today. If they coul dget rif of all computers, they would. THINK OF THE [ARTISTS]!
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