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Print 18 comment(s) - last by JonnyDough.. on Sep 15 at 2:52 PM

Score one for the BPI

Cleveland, England police wrapped up their investigation Wednesday against the administrator and a handful of users for OiNK, a popular, invite-only music-focused BitTorrent tracker shut down in October 2007.

Ellis, for his role in running OiNK, faces charges of “conspiracy to defraud,” reports TorrentFreak. Charges against Ellis were originally supposed to be announced in December, however due to a lack of evidence the date was pushed back a total of six times, to September 10.

Of the six OiNK users originally arrested in May, two were charged with copyright infringement for uploading a single CD to the site.

British police, in conjunction with UK music-industry association the BPI, originally arrested the six uploaders – whose names were never released to the public – on charges of “conspiracy to defraud the music industry.” At the time, the specific acts that prompted their arrests – as opposed to the stern warning letters that most UK residents will receive – were unknown, however offhand statements by a BPI representative indicated that the six may have “pre-released” music to the site before its official release date.

Two of those uploaders, a 19-year-old man and a 28-year-old woman, were cleared of all charges and released late last July. The fate of the remaining two uploaders – who neither faced charges nor walked free last July – is unclear.

The cases against Ellis and the two uploaders will be heard by a low-level magistrates’ court on September 24, where authorities will determine whether or not to move ahead with a full jury trial in a Crown Court. Ellis’ case is expected to do so – however the cases against the two unnamed uploaders, which are considered to be much weaker, may not.

Cleveland police have yet to post an official statement on the case, and the BPI declined to comment.

OiNK fell under the maw of “Operation Ark Royal” late last year, when a joint task force between British and Dutch police, with assistance from the IFPI and BPI, successfully closed the site and arrested owner and administrator Ellis in his home.



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oink?
By Visual on 9/11/2008 11:23:40 AM , Rating: 1
ok, very interesting story, but... what is oink?




RE: oink?
By akugami on 9/11/2008 11:55:21 AM , Rating: 3
Well...your words contradict your own words. You say it's a very interesting story but then ask what Oink is. Read the first paragraph of the DT blog again.


RE: oink?
By JonnyDough on 9/11/2008 2:41:54 PM , Rating: 2
For those too lazy to focus on what they read when their eyes scan it:

quote:
"...a popular, invite-only music-focused BitTorrent tracker shut down in October 2007."


RE: oink?
By bodar on 9/11/2008 2:43:51 PM , Rating: 3
Plus, they have this thing now, you may have heard of it, it's called Google. You can give it words and it tells you where to find the info you're looking for. It's CRAZY!


That sucks, but...
By Polynikes on 9/11/2008 8:05:00 AM , Rating: 2
I'm glad I don't upload torrents. Seems like uploaders get more scrutiny.




RE: That sucks, but...
By nirolf on 9/11/2008 8:42:04 AM , Rating: 4
Yeah, everybody should do the same. Let RIAA upload!


1 down, many up
By ljepava on 9/12/2008 5:50:43 PM , Rating: 2
there are hundrets if not thousands private and public trackers out there with servers in banana states which are never be closed. i dont see how they can stop it.maybe if isp would block torrent sharing. happy download!




Score one for BPI?
By Staples on 9/11/08, Rating: -1
RE: Score one for BPI?
By plinkplonk on 9/11/2008 9:35:26 AM , Rating: 5
quiet you


RE: Score one for BPI?
By omnicronx on 9/11/2008 9:50:24 AM , Rating: 2
I have no problem with authorities going after site owners, but to go after 6 people for merely uploading 1 CD, when there are constantly millions upon millions of people constantly seeding(uploading) the torrents they are downloading... it kind of makes me wonder.

I always wonder how I have yet to hear of one case by the RIAA or another agency that has caught someone with a large amount of illegal material. I have friends who have over 500GB in downloaded music alone, which in RIAA terms would be millions of dollars in damage. It's one thing to send a message, but believe me, it makes a lot more people disapprove what they are doing, when they are going after 40 years olds and grandmas who have a few files in their shared folder.

If they wanted to send a message, they would start suing people with massive amounts of material. The only message I get from this, is these agencies are not spending money in the right places.

In fact, merely doing raids on release groups like what happened in the late 90's did far more than this ever will. Slowed them down to a standstill, everyone was afraid to do anything.


RE: Score one for BPI?
By Meaker10 on 9/11/2008 11:45:55 AM , Rating: 2
Read more carefully, they may have been uploading 1 CD but they were CDs not released yet.


RE: Score one for BPI?
By Oregonian2 on 9/11/2008 1:12:02 PM , Rating: 2
Just out of sheer curiosity, how do they get those CDs? Are they promotional ones out to reviewers in advance of release or do they have the production studios bugged?


RE: Score one for BPI?
By dragonbif on 9/11/2008 8:07:34 PM , Rating: 2
There are a number of ways and most of them illegal anyway. They could get a copy from someone that works there, take it themselves, downloaded it from somewhere else or got a demo CD. I don’t think I have ever heard of a promo CD being sent to anyone in the general public.
One of the problems I see with OiNK is that it is an invite only BitTorrent so file sharing is more defined and direct. Most other cases I have seen were open sign up sites and harder to follow.
I do believe that BitTorrent and other means of getting illegal copies of music, movies or software do hurt the industries but more often the employees who loose their jobs because profits are down. Now what to do about the pirates and uploaders needs to be standardized and clear.
The makers of Crysis felt the pinch when covering the development costs of the game and paying off the investors. I believe it was Maximum PC that did an interview with them and the president was saying that for every 1 game they sold, 24 were downloaded illegally. That was not just in the US but world wide. Now I do not know how they got that number but I do think that it would be over 10 but that is still bad.


RE: Score one for BPI?
By JonnyDough on 9/11/2008 2:39:52 PM , Rating: 2
quote:
I have no problem with authorities going after site owners, but to go after 6 people for merely uploading 1 CD


Where should we draw the line? Where you say? You can liken this to any crime. Just because you don't murder someone should you get away with cutting someone's finger off?

The idea is to set a precedent. Just as you would value human life and a "right" to keep your finger, so should a media industry have a "right" to protect what they own.

I believe that the biggest problem with piracy isn't the few who copy thousands of discs, but the millions who are willing to knowingly buy those copied discs, or justify the 20 that they do upload to torrents. Please, if they did it once and got away with it they would just as easily do it again. Who cares if they only got prosecuted for one disc. It could easily represent hundreds.


RE: Score one for BPI?
By mindless1 on 9/11/2008 4:11:40 PM , Rating: 2
Where we should draw the line is pursuing the worst offenders of the worst offenses. Otherwise it'd be like a police officer ticking a jaywalker who was crossing the street to see why there was gunfire inside a bank.


RE: Score one for BPI?
By JonnyDough on 9/15/2008 2:52:27 PM , Rating: 2
That was mindless drivel. Cops carry an extra set of cuffs and he could easily handcuff the jaywalker to a street sign (they're always in front of banks) and then draw his gun. I don't think he'll be requiring his handcuffs inside, if the bank is getting robbed at gunpoint and shots were heard.

Even without me breaking down your pathetic "argument" it's pretty plain to see that you're most likely a pathetic pirate, trying to justify what you're doing by pointing fingers at someone "worse" than you like the majority of the LAN party goers I've met. Not to mention the kids that work at Blockbuster and have no respect for copyright.


RE: Score one for BPI?
By TomCorelis on 9/11/2008 5:15:57 PM , Rating: 2
Oftentimes, people with the most massive collections are also the most protective over them. The medium-sized fish, who tend to have a sizable mp3 folder but lack computer expertise, seem to be a sweet spot as far as targets though.

The only "serious" downloaders I ever see on these reports are the ones who decide to manage a web site for others.


RE: Score one for BPI?
By invidious on 9/11/2008 10:14:28 AM , Rating: 5
Considering the RIAA's crusade on its customers is about as popular as prohibition, what is "just" is a grey area. Laws are supposed to work for the people, not against them.


“And I don't know why [Apple is] acting like it’s superior. I don't even get it. What are they trying to say?” -- Bill Gates on the Mac ads














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