MPAA Accused Of Tampering With Evidence In Key Copyright Case In Finland
from the above-the-law dept
Once again, it appears that folks in the MPAA seem to believe that they are completely above the law. In an interesting revelation in a big copyright case in Finland it came out during the trial that important evidence was tampered with, and when asked about it, IFPI officials who were in the courtroom said that it was an MPAA exec who was in the room with them when it happened, though they declined to name the exec.The case involved some servers in Finland that were apparently used by a warez group there called Angel Falls. The tampered evidence came out when an expert investigator was on the stand, and showed some video of his investigation. However, the defense pointed out that the username in the video did not match up with the relevant entry in the logfile, at which point it was revealed that the MPAA exec had tampered with the evidence in an attempt to cover the tracks of the "user" who was a part of the investigation. According to TorrentFreak's summary of the events:
The video, a screencast of the investigation, showed a particular username accessing an Angel Falls FTP server. However, the corresponding text log for the same event showed a completely different username.Incredibly, the MPAA exec had not told the defense of this change, which is why it came out in court when they spotted it. This has resulted in the police starting an investigation into possible evidence tampering (they found 10 changes to the files), as well as the overall case ending in a less spectacular fashion than the MPAA and IFPI had clearly hoped. Two of the defendants were acquitted entirely, while the other four were given suspended sentences. The plaintiffs' request for 6 million euros also was knocked all the way down to merely 45,000 euros.
“When the IFPI investigator was asked about this he acknowledged that the names did not match. He said that the Finnish anti-piracy people and IFPI had collected the information together, but there was also an MPAA executive in the room while the evidence gathering took place,” Hietanen explains.
The IFPI investigator was then asked to reveal the name of the MPAA executive. He declined, but did offer an explanation for the inconsistencies in the evidence.
In an apparent attempt to hide the identity of one of their spies, the MPAA executive edited the evidence gathered during the session.
“The IFPI investigator handed over the evidence material to the MPAA senior executive who then changed the text file before the anti-piracy organization handed over the evidence to the Finnish police,” Hietanen says.
Still, the really incredible thing here are the actions of the MPAA and their continued apparent belief that they are entirely above the law, so long as they're pursuing someone they feel is involved in copyright infringement. It calls into question the "evidence" presented in other cases as well.
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Reader Comments
The First Word
“Circlejerk Justice
Why is it not apparent to the courts that these server seizures are being conducted and handled by the civilian plaintiffs?In criminal cases, do the police let the victim conduct the investigation and view the evidence? Does an angry relative get to dust for prints on the murder weapon and determine who the murderer was?
In civil cases, do we let the aggrieved take action before a judgement? If my neighbours conifers are blocking the sunlight do I get to 'seize' them by cutting them down, then go to court? Or do the courts decide first if they are a menace - that I should be compensated and the conifers removed?
This is really showing up the police as a bunch of incompetent no-nothings when it comes to modern technology. They would never approach a robbery or assault in the same way by accepting the victims sole testimony as enough evidence to convict.
But in computer 'crime', they let the 'expert' gather evidence. The same 'expert' who tells us a crime has been committed in the first place, but we don't actually know if it has or not - which is why we leave it to the 'expert'!
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That said, I agree that this is jumping the gun
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We commonly accept that an employees actions speak to his company. Without any kind of response from the MPAA I'm happy to believe that this was sanctioned behavior.
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Also, I find it rather unlikely that an MPAA representative would decide to do something so severe as tampering with evidence that they planned to bring to court all on his own, or without at least some knowledge of his intended actions being known to those who sent him.
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What's the incentive for the indivual to act, unless there's some quid pro quo from his employer?
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Suddenly, the log file is no longer evidence of anything except evidence tampering.
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> I'm not sure you can credit this to the entire MPAA
Even if true that one person unilaterally decided to pirate using the internet,
I'm not sure you can blame the entire internet.
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I'm not sure you can blame the entire internet.
They don't. They just blame everyone but themselves...
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Circlejerk Justice
In criminal cases, do the police let the victim conduct the investigation and view the evidence? Does an angry relative get to dust for prints on the murder weapon and determine who the murderer was?
In civil cases, do we let the aggrieved take action before a judgement? If my neighbours conifers are blocking the sunlight do I get to 'seize' them by cutting them down, then go to court? Or do the courts decide first if they are a menace - that I should be compensated and the conifers removed?
This is really showing up the police as a bunch of incompetent no-nothings when it comes to modern technology. They would never approach a robbery or assault in the same way by accepting the victims sole testimony as enough evidence to convict.
But in computer 'crime', they let the 'expert' gather evidence. The same 'expert' who tells us a crime has been committed in the first place, but we don't actually know if it has or not - which is why we leave it to the 'expert'!
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Re: Circlejerk Justice
If the justice system was actually fair we'd see the case dismissed precisely because of the interference of the plaintiffs in the process.
Or maybe not. Maybe the politicians accused of corruption by the people and representative outfits (such as the ACLU) should be allowed to go gather evidence in their homes and seize stuff? Sounds fair, right?
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Evidence they did not tamper with is:
Way to go, Team Analog!
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I reject your reality and substitute it with my own?
Something like that...I'm too lazy to look for it...
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Well...uh... That's completely different!
Copyright: It's only infringement when someone else is doing it.
Bombings: It's only terrorism when someone else is doing it.
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Re: Well...uh... That's completely different!
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Re: Well...uh... That's completely different!
That's a common concept throughout human history.
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Re: Well...uh... That's completely different!
Due process: it's only required when we are being accused.
Fair use: it's only permitted when we are using it.
Public domain: it only exists when we are taking from it.
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Maybe if a few cases like this get thrown out on those grounds some of this would start to change...
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I thought they carried Tesla Cannons...
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Well, I'd guess you are the sort of person who would understand that phrase. Why else would you attack every article with the same misdirection just because your "team" got caught breaking the law again?
If only you were willing to discuss reality rather than call names...
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Put it this way - does the news start every story about police brutality, legal corruption or other abuses of power with a lecture on how bad the criminals they're fighting are? No? That's because it's both blindingly obvious to everyone already and completely irrelevant to the story at hand.
Same here. Mike has stated many times that he neither pirates nor supports piracy. But, it's irrelevant to this story about how the MPAA are yet again abusing the law when it suits its own aims. Whether pirates are bad doesn't excuse the MPAA's behaviour, nor justify it.
AC's original comment also fails to take into account a number of important nuances. e.g. if both sides are breaking the law, which one is worse - the person who gets a free copy of a song or the person falsifying evidence submitted to a court for criminal charges? There's a whole lot of false equivalence going on if you can't see the latter is worse.
So, no, his first comment was not reasonable. It was only couched in language closely resembling that of a thinking adult. Thankfully, he rarely keeps that charade up for long.
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Let me correct myself: the first comment sounded reasonable compared to the later mindless rantings.
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You want some perspective? It's only because of copyright infringement (AKA pirating) that some of television's earliest works have survived and are available to the public (whether through legitimate or unauthorized sources).
Name one other industry that wants the entire world to bend over backwards to serve it?
"Governments? Gotta pass laws to protect us! Police? Gotta bust copyright infringers! Hardware makers? Gotta include the restrictions that we specify! ISPs? Gotta institute a "strikes" system to deal with infringers! Search engines? Gotta delete whatever links we say and add automated systems to kill links on a single keyword match! Video sites? Gotta have automated systems that flag any video that even looks like it might contain some of our content! Theaters? Gotta search people and use night-vision goggles to make sure nobody is recording our movies! Cyberlockers? Gotta put them out of business! Makers of blank media? Gotta add a tax to compensate us because people might use them for pirating! New technology? Gotta kill it! More than a certain number of people saw/heard our work? Gotta pay a license fee!"
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They're both against the law, duh.
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There are a lot more countries where downloading for non-commercial personal use is legal than there are where it's illegal. A lot of them are also where pro-copyright organizations have the strongest presence. Imagine that.
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A lot of laws are anchored in the opinion of the majority. Like murder, for instance. Most people generally agree that murder is bad, so we gladly stand behind a law that says you can't commit murder.
Most copyright laws, though, are generally not anchored in the will of the people.
I have no problem with thinking I am above laws that are thrust upon us without the support of the actual people being governed by those laws.
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Oh, I agree that there are overly-entitled douchebags that put themselves above all others, but I guess we will disagree on who those people are...
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That's the MPAA and RIAA.
And, I'll tell you this.
I've said it once, I'll say it again and again...
People don't follow stupid laws.
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A lot of things that used to be illegal are now legal, because we know better.
And "Copyright" is all about violating other people's rights, by restricting them. When you are granted Copyright on something, you are not granted any substantial rights you didn't already have before. You are granted a monopoly that restricts other people's rights. Which is why I think it should be called "Copyrestriction" instead.
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True
Slavery was legal
Prohibition was legal
Interracial marriage was illegal
All those laws have been changed
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As I recall, the RIAA tried doing that before in the Tanya Anderson case, deciding they had the right to fake being a grandmother to try and take her daughter out of school.
Anyone who thinks that kind of shit (let alone the rest of the things they do to "justify" extortion) is acceptable is someone who belongs in Camp X-Ray.
You can lie and call advocates of responsible copyright reform here "thieves" or "piracy advocates", but you may never attempt to claim the high ground while you do.
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Laws that violate my rights as a person that don't harm others (such as copyright laws) can be viewed as stupid laws.
I'm in the camp of reforming the laws we have so that people can live more freely and openly without worrying about the fact that, currently, everyone commits 2-3 felonies a day and don't know about it. In some places it's illegal to eat icecream on the sidewalk, or sing in a swimsuit or go to sleep in bed with your shoes on. Or how, in some areas, you can shoot at Native Americans if there's 3 or more walking down the street as they constitute a war party.
All of those laws I mentioned above? Stupid laws, no one follows them.
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I don't think I'm above the law. I simply want the laws to benefit society as a whole, and to reflect the views of most people.
I'm pretty sure that most people think that laws against tampering with evidence are a good thing and they benefit society (so that everyone, even accused criminals, get fair trials). When it comes to current copyright law, the evidence is on the side that it does not benefit society as a whole and instead looks to benefit a very small number (record label execs, a few mega-stars, and lawyers), whereas a lack of copyright could benefit nearly everyone with quick and easy access to the sum total of human knowledge and culture.
How's that for perspective?
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oops.
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Idiot MPAA
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Anyone else skeptical???
I smell collusion here between this Exec, who may have been pushing the buttons, and the IFPI who was probably opening the files, putting the cursor on the name that needed to be changed, then "looking away".... We didn't see anything....
Just saying if it smells like conspiracy, and quacks like conspiracy, then it's obviously a duck...
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Inadmissible in the U.S.
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