French Court Says Merely Having The Word 'Torrent' In Your Domain Means You Are Encouraging Infringement
from the legal-uses,-anyone? dept
We've noticed before how many copyright maximalists make claims that suggest they believe that all BitTorrent is used for is infringement, even though it is used as an efficient distribution mechanism for all sorts of legitimate offerings. However, a court in France has apparently decided to punish the admin of a forum/search engine for torrent files, in part, by claiming that having the word "torrent" in your URL means that you're encouraging infringement:The papers include a statement from the Court which declares that “..the names of these sites [when they include the word 'torrent'] encourage illegal activity. Torrent sites are accessed by users of the BitTorrent protocol which has a main, if not unique purpose, of enabling downloading of copyright protected works.”That's pretty ridiculous, as there are sites that use the word "torrent" that have nothing to do with infringement. Seems like yet another case of people who don't understand technology making decisions that seriously impact everyone.
In a nutshell, having the word “torrent” in a domain name can be reason enough to presume bad intentions.
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Filed Under: copyright, france, infringement, language, torrent
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Based on that same logic, France courts will have to rule that being a Catholic Priest encourages sex with boys. So in France, you can still be a Catholic or a Priest, but not both, because then you're obviously a admitted practicing pedophile.
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A moron in a hurry might think it's Utopia for Mr. Garrison.
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A url that does NOT encourage infringement
http://216.180.241.102
After all, the URL does NOT have "torrent".
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Re: A url that does NOT encourage infringement
DNS Servers: The "roots" of all evil!
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What? You mean they copied it? Those thieving pirates!
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Ban these sites too
http://yugioh.wikia.com/wiki/To rrential_Tribute
http://www.torrentialdownpour.com/
http://www.merriam-webster.com/dictionary/ torrential
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Re: Ban these sites too
http://216.180.241.102
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Video games are encouraging piracy!
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Not
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Re: Not
Considering that Linux and BSD distributions are protected by copyright I guess the courts are right when they said:
"Torrent sites are accessed by users of the BitTorrent protocol which has a main, if not unique purpose, of enabling downloading of copyright protected works.”
Too bad the courts overlooked the FACT that some people WANT to share their copyrighted works using bit-torrent.
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Furthermore, there is nothing inherently wrong with downloading copyright protected works.
Ubuntu, for instance is copyright protected, and I've downloaded and uploaded it many times. With the full blessing of the copyright owners.
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http://www.techdirt.com/articles/20110603/00214214533/entertainment-industry-lawyer-public-domai n-goes-against-free-market-capitalism.shtml
You are the dirty rotten thief.
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I have taken notice as well...none have ever made the suggestion, at least to my knowledge.
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TorrentialRain.com is Out
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Idiocracy
StopChildPorn = Site promoting child porn
StopTorrents = Site promoting illegal downloading
StopThinking = Site about the French government
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Just how stupid?
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Re: Just how stupid?
Mr. Turtle: I don't know, I've never made it without biting myself in pure shock and horror. Let's ask Mr. Owl.
Boy: Mr. Owl, just how stupid can the courts be?
Mr. Owl: Ah one!, ah two, ah three.
Mr. Owl: Three. You're now disconnected from the Internet.
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Fun with words!
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The insanity just keeps coming like a torrent. OOPS
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so
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so
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No, .torrent doesn't mean .crime, the court is only stating the obvious. Companies who want to use torrent style technology for distribution would be smart to move to using .distro files or something, and work to police their lists so that only legal content is available on their networks. Then they wouldn't have the issue.
If you associate with known criminals, you are very likely to be considered a criminal. It's shocking that it took this long for a court to state the obvious.
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The story at 11!
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I so admire those who came up with the technology and hope they keep their creative talents flowing!
And I even had some silly school kid hack into my wireless and DL some movie via a torrent and I got the nasty letter for it from my ISP, which after initially being stunned beyond belief, I actually had to chuckle at. What a waste of resources and time that was.
In fact, it was that instance that got me reading up on what these torrents were/are and I was in awe - still am.
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Have you ever voted? Did you know that many politicians are involved and convicted for illegal and criminal acts? Does the fact that you helped put these people in office by your vote make you a "known to associate with known criminals" and then "likely to be considered a criminal" by your association? By your own definition, it appears to. Hoist meet Petard.
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Brilliantly Inciteful
Next thing you now, it will be:
No, .distro doesn't mean .crime, the court is only stating the obvious. Companies who want to use distro style technology for distribution would be smart to move to using .bazzle files or something, and work to police their lists so that only legal content is available on their networks. Then they wouldn't have the issue.
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Re: Brilliantly Inciteful
There is no reason for these people to be using a convoluted system that attempts to hide the files, the servers, the peers, and the like. If anything, they should want to be as open as possible to foster confidence in the files they are providing.
.hiding is the .problem
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Think about that when you next create a comment Anonymously because of course you have nothing to hide.
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Moving to be part of a majority illegal community of file sharers, or advertising that you are shows intent, and that is good place to start. It isn't an absolute summary judgement of the sites, but it is enough for authorities to act on.
Please show anywhere that due process was being removed.
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So... for example say you lose your job, your house and you end up moving into the poor part of town, that just happens to have the majority of illegal acts occurring in that location. The cops now have the unimpeachable right to break down your door (with no "probable cause" or "exigent circumstances") to look for illegal activity (don't worry, you'll still get your "due process" in court, if your lucky enough to survive the encounter without being killed), because you wouldn't live in such a crime infested neighborhood unless you were "probably" involved in criminal acts yourself, thereby giving the cops "Probable Cause" in the first place.
Welcome to: Legal Profiling Failures Based On Circular Logic 101. Please take a seat.
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Most Fords have been used to commit traffic crimes of some sort. Based on that, I suppose you would support banning Fords too.
People like you are a good example of the harm copyright does society.
Abolish copyright.
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Too easy.
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Did you know that the vast majority of prisons are nothing more than crime schools? Ergo, we should probably outlaw prisons.
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The point is that all the court was saying is that if a site has "torrent" in the domain name, chances are the site is used for infringement. I don't think that's really a controversial statement.
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The court here isn't talking about the .torrent file extension. They're talking about having "torrent" in a domain name.
Do you agree with the court that if a site has "torrent" in the domain name, then chances are that site is used for infringement?
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Of course, with this sort of ruling by a court, eventually, you'll have the "presumption" that sites with "movie[sz]?", "mu[sz]ic", "tune[sz]?", "share", etc. will all be "presumed to infringe".
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