stories about: "the pirate bay"

MPAA: Censorship Is Good For Consumers

from the say-what-now? dept

Mon, May 14th 2012 8:15am — Mike Masnick

Ah, the MPAA. Hardly a day goes by when someone there doesn't say something positively ridiculous. The latest is a reaction to the news that a court in the Netherlands has expanded the censorship of The Pirate Bay to a few more ISPs. The MPAA has decided to explain that this kind of censorship is good for consumers:

The UK ruling and indeed other recent ones in Austria, Belgium, Denmark and Finland as well as this one are positive developments that support not only the creative community but also consumers.

It's not entirely clear why they say "the UK ruling," since the post only refers to a ruling from The Netherlands, but it's a strange world when someone is claiming that censoring a website that consumers find useful is "good for consumers." So how do they defend such a ridiculous claim? Well, by getting the story backwards yet again:

The number of sites that offer legitimate creative content continues to increase dramatically. But to fully enable this growing sector to thrive and provide consumers with content when they want it, where they want it and how they want it, it is imperative that the content not be siphoned off and distributed illegally by those seeking to profit from the work and creativity of others.

Hogwash. First of all, if the industry had its way, it would never have to innovate online at all, preferring greatly to live off of the old system of DVDs with crippling DRM. The only reason they were pushed to start innovating online was because of competition from the likes of The Pirate Bay, which finally caused them to agree to license platforms like Netflix, which has shown that it's actually quite easy to compete with The Pirate Bay if the MPAA and its studios would stop demanding ridiculous restrictions on content (and insanely high prices). Offer a good service at a good price, and The Pirate Bay simply can't compete.

The claim that for such services to thrive the content can't be "siphoned off and distributed illegally" is again totally bogus. Netflix competes quite nicely in the US with The Pirate Bay, and if the studios allowed more Netflixes to exist (rather than locking down every competitor with stupid rules like only having 24 hours to watch a movie) there would be plenty of innovation. Furthermore, even if they block The Pirate Bay, it doesn't stop the fact that the content still is and will be available. Claiming that legitimate sites can't compete if there is unauthorized content available means that legitimate sites can't compete at all. Yet we see them compete successfully with unauthorized content all the time.

So why does the MPAA lie?

As always, it's about control. They don't like being pressured by such innovation. They don't like having to adapt and to change. So they attack any new form of innovation and brand it as piracy -- just as they did with the VCR. Of course, amusingly, it's now that same home movie revenue which they fear losing. Yet if the MPAA had had its way 30 years ago, there would be no home movie market from which to lose revenue. Because, just a few short decades ago, the MPAA insisted that such a market would kill Hollywood.

Oh, and as for this point:

The court verdict found that The Pirate Bay is predominantly devoted to illegal activities with more than 90% of all content infringing on copyright.

You know what else had more than 90% infringement in the early days? The VCR. But thankfully courts recognized that it also had substantial non-infringing uses -- as does The Pirate Bay. It's not difficult to see how the industry could have embraced sites like The Pirate Bay to their own advantage, but failing that and having them censored... and then insisting that somehow benefits the public? Sorry, the public isn't going to buy that kind of crap.

Filed Under: censorship, drm, netherlands
Companies: mpaa, netflix, the pirate bay

83 Comments

Court Goes Censorship Crazy Against Dutch Pirate Party

Free Speech

from the whac-whac-whac-a-mole dept

Fri, May 11th 2012 3:02pm — Mike Masnick

We've been covering the attempts by Dutch anti-piracy operator BREIN to play a legal game of whac-a-mole to block The Pirate Bay by forcing ISPs to block access, then blocking proxies that provide access, and now blocking anyone from even talking about ways to get to The Pirate Bay. Bizarrely, a court in The Hague has agreed, and has come out in favor of blocking the Dutch Pirate Party from even discussing some of this stuff:

The Court specifically ruled that the Party’s reverse proxy has to remain offline. It was further ordered that Pirate Bay domains and IP-addresses have to be filtered from the Pirate Party’s generic proxy. In addition the Pirate Party can’t link to other websites that allow the public to bypass the blockade. These orders are only valid when paired with an encouragement to circumvent.

Basically, telling people how to get around a block, even if it's linking to a general proxy (not a specific one) is now barred in the Netherlands. The fact that the court now is telling proxies how they can work is a huge overreach. That seems like a pretty blatant restriction on free speech. The thing is, do the folks at BREIN actually think this charade is effective? All it seems to be doing is enraging tons of people in the Netherlands, and doing absolutely nothing to stop them from going to The Pirate Bay.

Filed Under: brein, censorship, netherlands, proxy, the hague, whac-a-mole
Companies: the pirate bay

30 Comments

Dan Bull, Amanda Palmer & El-P: A Big Week For Artists' Voices On Techdirt

Techdirt

from the change-of-pace dept

Sat, May 5th 2012 12:00pm — Leigh Beadon

Today, instead of the usual community favorites post, we wanted to take the opportunity to highlight our own top picks for the week. It was an easy choice, because we love it when artists and creators visit the site to speak about their experiences, and this week we were lucky enough to have guest posts from three different musicians. They all had a lot of great stuff to say, and here are a few highlights.

The first came about as a result of my post on rapper/producer El-P's friendly message to fans who downloaded the early leak of his album. El-P joined the comments, then followed up with a guest post discussing his approach to the music industry, and his thoughts on the popular debates about it:

So how do I feel? What's the right way? Fuck if I know. But I'll adapt and I'll do it with respect and class and not kicking and screaming. There's a hell of a lot I could say about both sides of this particular subject, but honestly does it matter? You all have formed your opinions on it already and in the end people like me are still out here trying to make a living no matter what those opinions are... right, wrong or in-between.

Unfortunately the comment thread on that post was hijacked by one particularly obnoxious AC, but amidst the noise there was also a strong response from some community members who were grateful to El-P for sharing his frank and thoughtful opinion, just as we were.

Next, we got a visit from the one and only Amanda Fucking Palmer! Amidst all the excitement surrounding her Kickstarter project, Amanda deftly employed an allegory about bamboo to describe the campaign's massive success, and the many years of work that made it possible:

There's a great story about how bamboo grows. A farmer plants a bamboo shoot underground, and waters and tends it for about three years. Nothing grows that's visible, but the farmer trots out there, tending to this invisible thing with a certain amount of faith that things are going to work out. When the bamboo finally appears above ground, it can shoot up to thirty feet in a month. This is like my kickstarter campaign. The numbers aren't shocking to me, not at all. I set the goal for the kickstarter at $100,000 hoping we'd make it quickly, and hoping we'd surpass it by a long-shot.

Incidentally, as I pointed out on Twitter, Amanda Palmer is an anagram for A Mr. Panda Meal. Coincidence?

Last but not least, Dan Bull took a break from writing epic raps to write an epic post. After Dan successfully used the Pirate Bay and its Promo Bay program to get his new single on the charts, we wondered what he must think about his country's decision to censor the site. Now we have our answer: he thinks it was pretty damn ridiculous.

Now, thanks to the High Court ruling, no aspiring musician will be able to use The Promo Bay to gain exposure in the UK. Once again, the British Phonographic Industry is throttling any channel of distribution which doesn't allow them the cut to which they believe they are entitled. I'd like to see what the BPI's head, Geoff Taylor, has to say to George Barnett, the unsigned British songwriter whose fanbase skyrocketed after being featured on The Promo Bay. The only thing that the BPI has done for George is to entirely prohibit his primary means of exposure.

Of course, those aren't the only choice words Dan has for the BPI.

Big thanks to El-P, Amanda Palmer and Dan Bull for stopping by and sharing their thoughts! For some other creators featured on Techdirt this week (just not in person), check out game developer Stardock's Jon Shafer on building a loyal fan base, producer Swizz Beatz on embracing technology, My Bloody Valentine's Kevin Shields on a dispute with Sony, and author Paulo Coelho's stats on his $0.99 ebook sale.

Filed Under: amanda palmer, artists, bpi, dan bull, el-p, music industry, musicians, promo bay
Companies: kickstarter, the pirate bay

82 Comments

Dan Bull Shares His Thoughts On The Pirate Bay Being Blocked Right After Helping His Music Get On The Charts

(Mis)Uses of Technology

from the this-isn't-helping dept

Fri, May 4th 2012 7:39pm — Dan Bull

We recently noted that, in the same week that Dan Bull had his new single hit the music charts because he promoted it via The Pirate Bay, BPI had convinced a court to order UK ISPs to start blocking TPB. Earlier this year, Dan had already written a song, Bye, Bye BPI, for that organization's initial attempt to block The Pirate Bay, and we asked Dan to share his thoughts on TPB officially being blocked in the UK.

The Pirate Bay would seem an odd primary target for the British record industry's hit list. After all, it doesn't host any infringing content, but serves as a hub for people who want to share their own files directly. Sites like YouTube receive stratospherically higher amounts of traffic, and host hundreds of thousands of infringing videos. Perhaps it is not the infringement itself then, but The Pirate Bay's notoriously defiant defense of its modus operandi that has made it a target. Or maybe it's an underlying acknowledgement that to prevent infringement in any meaningful way would require the impossible feat of blocking every site on the internet that contains a hyperlink.

Despite the industry's readiness to insist that copyright infringement threatens the future of musicians - especially those who are lesser known - there are plenty of examples where the opposite is true. In fact, every musician I know utilizes filesharing in some form or another. Let me tell you how filesharing has allowed me to turn my creative ambitions into something real.

I use a program called Cubase to compose my music. Initially I bought a legitimate copy for several hundred pounds. It was buggy and regularly crashed. Eventually it stopped working altogether. Rather than buying a replacement, I downloaded a cracked version via The Pirate Bay. It was far more stable. I also downloaded some industry standard plugins which would have cost thousands of pounds. I was unemployed, so the choice wasn't between downloading or purchasing. It was between downloading or nothing.

Using this cracked software I produced an album about overcoming self-destructive thoughts and coping with Asperger syndrome. A while after publishing the album I was contacted by a young man who I'll call Rupert. Rupert suffered the same problems, and was preparing to take his own life. After listening to the album, he realized that he wasn't alone, and chose to face his problems. This music, he said, saved his life. If the British Phonographic Industry had gotten their way sooner, my album wouldn't exist, Rupert wouldn't have heard it, and perhaps his story might have taken a turn for the worse.

Another example of how filesharing and creativity go hand in hand is The Promo Bay - The Pirate Bay's launchpad for unsigned artists. Thousands of musicians have applied, eager for their work to be given the spotlight that traditional, industry-sanctioned channels will never allow. Now, thanks to the High Court ruling, no aspiring musician will be able to use The Promo Bay to gain exposure in the UK. Once again, the British Phonographic Industry is throttling any channel of distribution which doesn't allow them the cut to which they believe they are entitled. I'd like to see what the BPI's head, Geoff Taylor, has to say to George Barnett, the unsigned British songwriter whose fanbase skyrocketed after being featured on The Promo Bay. The only thing that the BPI has done for George is to entirely prohibit his primary means of exposure. A few months ago I asked The Pirate Bay if I could help to manage The Promo Bay for them. They reluctantly refused, telling me that if I worked with them in any official capacity, I may be regarded as a co-conspirator, meaning that if I ever wanted to visit the USA I could be detained on criminal charges. Yes - helping to promote unsigned music on a popular website meant that I could be kept prisoner in a foreign country for supposedly conspiring to help kill the music industry. If ridiculous situations like the above are allowed to happen, then perhaps killing the music industry wouldn't be such a bad thing...

Having said that, it's laughably easy to circumvent the block enforced by the courts; it takes a single click. This is as difficult as it will ever be, unless the internet is policed and regulated so much that it ceases to function at all. Preventing internet filesharing is impossible because - quite simply - the internet IS filesharing.

Filed Under: bpi, cubase, dan bull, promo bay, uk
Companies: the pirate bay

275 Comments

Pirate Bay Block Initiates Streisand Cascade, Drives Record Traffic

(Mis)Uses of Technology

from the well-that-worked-out-great,-huh? dept

Thu, May 3rd 2012 7:59pm — Leigh Beadon

When the news broke that the UK's High Court ordered ISPs to censor the Pirate Bay, we (like many people) pointed out that the block would be largely ineffective. But for now, with the ISPs starting to implement their blocks (Virgin has theirs up and running) and the Pirate Bay all over the news, it's having the opposite effect. TorrentFreak reports that the Pirate Bay just had their biggest traffic day ever. And, naturally, they're using the momentum to teach UK visitors how to bypass the block.

“Thanks to the High Court and the fact that the news was on the BBC, we had 12 MILLION more visitors yesterday than we had ever had before,” a Pirate Bay insider informed TorrentFreak today.

“We should write a thank you note to the BPI,” he added.

...

“Another thing that’s good with the traffic surge is that we now have time to teach even more people how to circumvent Internet censorship,” the insider added.

Of course, there will still almost certainly be a drop in UK traffic once all the ISPs have blocks in place, but in the long run it probably won't do anything to stop piracy or even to stop the Pirate Bay specifically. As EFF founder John Gilmore famously said in 1993, "The Net interprets censorship as damage and routes around it"—and nearly twenty years later, not only does that still hold, it has become true of the people on the net as well.

Filed Under: censorship, isp, uk
Companies: the pirate bay

51 Comments

Can Someone Explain When The Pirate Bay Was Actually Put On Trial In The UK?

Legal Issues

from the due-process-is-such-a-simple-concept dept

Thu, May 3rd 2012 8:34am — Mike Masnick

Last week we wrote about the UK High Court ordering ISPs to start blocking The Pirate Bay just about the same time that UK musician Dan Bull had successfully used TPB as a promotional platform to launch him onto the UK charts. The first comment on that post, by Duke raised an interesting point: the court made this ruling despite the lack of any trial.

This isn't much of an expansion, Newzbin2 was ordered blocked last year, but it is a major step. The big problem here is the lack of any sort of trial. While there was a ruling back in February, declaring that the operators and users of The Pirate Bay were probably infringing copyright, the ISPs didn't try to make a case (for fear of massive costs orders), and the Pirate Bay was given no opportunity to argue anything. As for today's order, looking through the Court listings, there wasn't even a hearing, so it was probably all done through written applications.

This highlights how judicial oversight alone isn't enough (in a common law system) to ensure justice is done. Without an adversary to challenge the claimants (record companies), none of the possible defences, or issues (such as proportionality, anti-competitive practices, or negative consequences on people like Dan Bull) can be raised.

Whether the end result is right or not, it's not justice when a few companies can have a website blocked, with no one from the website or elsewhere in a position to challenge or question it.

This is a pretty key point that has received very little attention compared to the general order to block the site. I'm curious if folks in the UK can explain how this is defensible? While I recognize that free speech rights aren't as well respected in the UK, ordering ISPs to block a website without even allowing for any adversarial hearing seems like a pretty huge violation of basic concepts of due process.

Filed Under: censorship, dan bull, newzbin2, uk
Companies: the pirate bay

53 Comments

UK High Court Expands Censorship Regime: Orders The Pirate Bay To Be Blocked

Legal Issues

from the and-so-it-goes dept

Mon, Apr 30th 2012 1:26pm — Mike Masnick

This was mostly expected since earlier this year, but the UK's High Court has now ordered a bunch of ISPs to block The Pirate Bay. This is pretty unfortunate, given that we were just talking about how UK-based musician Dan Bull used The Pirate Bay to help him get on the charts. That avenue is about to be closed off to up and coming musicians... all because the legacy recording industry remains too closed-minded to figure out how to adapt and provide consumers what they want. And, of course, the blockade won't even be remotely effective. Lots of people will just use VPNs or proxies to get what they want anyway. Even more ridiculous is that it will hinder perfectly legitimate activity. Just a few weeks ago I was in the UK, and I was doing some research on The Pirate Bay's "Promo Bay." I wouldn't have been able to do that if The Pirate Bay was blocked. I did nothing illegal, and yet the UK courts want to treat it as such. That's sad.

Filed Under: censorship, dan bull, isp, promo bay, proxy, vpn
Companies: the pirate bay

52 Comments

Dan Bull's Free Single Hits The Charts

Music Industry

from the not-bad dept

Mon, Apr 30th 2012 12:25pm — Mike Masnick

Last week we wrote about Dan Bull's experiment to release a song, "Sharing is Caring" for free via The Pirate Bay (and other sites) and to see if he could still get it to show up in various charts. As we discussed, it definitely was making its way onto the lists of Amazon UK's top hip hop sales. And, on Sunday, the official UK charts came out -- with Sharing is Caring coming in at number 9 on the Indie singles chart and number 35 on the RnB singles chart.

In both cases, "Sharing is Caring" was the top new entrant on both of those charts. While some will say that not making the pop charts suggests this was a failure, it sure looks like a ton of folks were happy to support Dan's effort. As for the US charts, those have a weighted system that includes radio airplay, meaning that there's simply no way Dan could get listed, because he's not going to play the payola game to get on the air. Either way, it was a great experiment, and a job well done by Dan.

Filed Under: dan bull, indie, music charts, rnb, sharing is caring
Companies: the pirate bay

35 Comments

Bonus Sunday Post: Help Dan Bull Get His New Freely Distributed Song On The Charts

Free

from the help-him-out dept

Sun, Apr 22nd 2012 1:00pm — Mike Masnick

Check it out: a rare bonus Sunday post. Dan Bull, the independent UK musician who we've written about quite frequently for his songs about topics near and dear to our hearts, has come out with another awesome new song, Sharing is Caring. However, there is one thing different this time around: he wants to see if he can get his freely available song on the music charts. To that end, he's using the Promo Bay, having The Pirate Bay promote his song to its millions of users, and also posting the fun videos (yes, multiple videos) of the song on YouTube.

Traditionally, the major labels tend to get their hits to chart by "buying" their way onto the list. In some cases, this was a literal situation, where labels would effectively scam the Soundscan system to get their albums/songs listed. That's become more difficult these days, but still a major label release will also include millions of dollars spent on marketing to get it on the charts. Dan, however, is wondering if support from the folks at The Pirate Bay might be enough to get his song to chart and to make a pretty powerful point:

The singles charts are worthless as an indicator of quality, and artists needn't strive for the validation of reaching them.

However, by taking a free song by an unsigned artist to the echelons normally reserved for the industry elite, I want to smash the glass ceiling and show that there is another way of doing things.

There are ten different versions of the song—one each focused on Facebook, Twitter and Google+, several remixes, and a selection of instrumental and acapella tracks for other musicians to build upon. You can download all ten from the Pirate Bay (of course, if you're in the Netherlands, too bad), and you can support Dan's shot at the charts as much or as little as you want by buying some or all of them individually from iTunes, Amazon or Play. There is a convenient list of direct store links on Dan's website.

So check out the video for the first version of Sharing is Caring here, and if you'd like to help show the old guard that it is possible to release music freely on sites like The Pirate Bay, and still have that music "sell" well, purchase the track at your favorite online retailer.

Filed Under: charts, dan bull, free, promo bay, sharing is caring
Companies: the pirate bay

45 Comments

Dutch Whac-A-Mole Game Against The Pirate Bay Apparently Works Better Without Due Process

Legal Issues

from the judicial-miscarriage dept

Mon, Apr 16th 2012 2:35pm — Mike Masnick

Last week, I had the pleasure of meeting, briefly, Tim Kuik, the head of BREIN, the Dutch anti-piracy group that has been fighting against file sharing on a variety of fronts. We had an enjoyable conversation (as part of a larger discussion) in which he insisted that he and BREIN recognized the future opportunities of the digital market, and that BREIN was not interested in trying to put the genie back in the bottle -- in response to my suggestion that too many in the industry were trying to do exactly that. That may be true, but it's difficult to see how that's the case when immediately after this we hear of stories about BREIN going to court to shut down a proxy by the Dutch Pirate Party to point people to The Pirate Bay -- a site that BREIN has forced ISPs to block.

Of course, blocking sites on the web is impossible, and the silly continued whac-a-mole against proxies seems like a huge waste of time and resources that could have been put towards helping to develop compelling new business models. But, a much bigger concern is the process by which this latest proxy was shut down. Or, rather, I should note it's not so much the process, but the lack of due process. That is, a court ordered the proxy to be taken down without allowing the Dutch Pirate Party to testify on its own behalf:

The Pirate Party was not heard in the matter (ex parte) and according to board member “blauwbaard” the judge ignored their requests to be heard.

“The judge has decided to ignore our express and valid request to have the injunction either denied flat-out, or to at least be heard in the matter before a decision was made,” blauwbaard states in a response.

“This decision is even more strange because BREIN was allowed to bring over 20 pages of arguments to convince the judge to stretch a quaint rule of IP-law, meant to block the sudden appearance of mass quantities of counterfeited goods, far enough to be applied to the website of a political party.”

A court ordering a website taken down without allowing the site itself to speak on its behalf? That seems pretty extreme. A proxy is simply a redirect in a case like this. It's something just about anyone can do, and chasing after each and every proxy -- and then not allowing them to speak for themselves in court, seems like a perfect example of trying to put the genie back in the bottle, no matter how much BREIN insists that's not their goal.

And, unfortunately, the story gets even worse, the more it moves forward. The Dutch Pirate Party replaced their proxy with a page that linked to other proxies as well as an explanation of their position. This seems like a classic free speech situation. Except... BREIN claimed that even those links to other proxies violated the injunction, and have demanded the party take them down as well. The Pirate Party appears to be getting ready to fight this, noting that BREIN keeps trying to rewrite the specifics of the court's order (i.e., trying to stuff that genie back into the bottle) every time a different website shows how ridiculous it is to ban internet access to a website.

Filed Under: brein, piracy, pirate party, tim kuik, whac-a-mole
Companies: the pirate bay

69 Comments

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MPAA: Censorship Is Good For Consumers

from the say-what-now? dept

Court Goes Censorship Crazy Against Dutch Pirate Party

from the whac-whac-whac-a-mole dept

Dan Bull, Amanda Palmer & El-P: A Big Week For Artists' Voices On Techdirt

from the change-of-pace dept

Dan Bull Shares His Thoughts On The Pirate Bay Being Blocked Right After Helping His Music Get On The Charts

from the this-isn't-helping dept

Pirate Bay Block Initiates Streisand Cascade, Drives Record Traffic

from the well-that-worked-out-great,-huh? dept

Can Someone Explain When The Pirate Bay Was Actually Put On Trial In The UK?

from the due-process-is-such-a-simple-concept dept

UK High Court Expands Censorship Regime: Orders The Pirate Bay To Be Blocked

from the and-so-it-goes dept

Dan Bull's Free Single Hits The Charts

from the not-bad dept

Bonus Sunday Post: Help Dan Bull Get His New Freely Distributed Song On The Charts

from the help-him-out dept

Dutch Whac-A-Mole Game Against The Pirate Bay Apparently Works Better Without Due Process

from the judicial-miscarriage dept

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