Music Piracy Unit Raids ISP in BitTorrent Assault 379
renai42 writes "Australia's music industry piracy investigations unit has raided an Internet service provider in Perth, Australia in what it says is the first Australian assault on the use of BitTorrent technology for copyright infringement. Outgoing Music Industry Piracy Investigations (MIPI) general manager, Michael Speck, said the raid was launched this afternoon at the offices of Swiftel Communications."
Arrrr! (Score:4, Funny)
Re:Arrrr! (Score:5, Funny)
I found these HUGE poirates, they grow up to six or seven feet hoigh and have these big computahs. Here's one with foity songs from that BitTawent, isn't she a beauty? Crikey, I gawts ta wank awff on that toight ass...
and this is who it went? (Score:5, Funny)
we have 404 in progress
*chirp*
they've taken down the links
*chrip*
I'm goin' in
*chirp*
*crashing sounds*
*screams*
put down the network cable!
put your hands above your head!
Hey, you, in the greatfull dead tshirt and the
"fuck-you" hat! Ya you, drop the Peanut butter
and jelly sandwich right now!!
The tough jobs of tough men in law enforcement and the War on Torrent....
*sob*
Re:and this is who it went? (Score:2)
The torrent cops will become corrupt... (Score:5, Funny)
Then after a while, he's a major song peddler himself...and the bittorrent pirates will know they can pay him off with a few dozen songs here and there. Corruption will seep into the ranks of the bittorrent police and soon after that, it makes way for the song cartels.
Company name (Score:5, Informative)
Re:Company name (Score:3, Insightful)
Re:Company name (Score:3, Interesting)
This is also not the first time this sort of attack has been carried out, a year or so ago a court order [idg.com.au] was taken out against the largest ISP in Australia, Telstra
For anyone interested there is a lot more information about this People Telecom raid at http://whirlpool.net.au/
Re:Company name (Score:5, Informative)
It's things like this that really give you the impression that government is just a tool of powerful corporations. Whatever happened to government law enforcement agencies enforcing court orders?
Re:Company name (Score:5, Insightful)
"He who has the gold makes the rules."
Democracy, Republic, Due Process, Rights - all catchy marketing phrases to disguise the ugly face of unbridled Capital.
Re:Company name (Score:5, Informative)
This way the Government dodges the 'unreasonable search and seizure' rule.
They often use 3rd parties to keep from violating the Government's consititution.
For example: Let's say the Government and a criminally-minded person type person suspected I was growning marijuana. He could rob my house, steal that marijuana, show it to the Government, and could tell the Government that he that I was growing it. The Government could then easily get an 'official' warrant to search my premesis for that illegal activity.
But, the police could not do that (directly) themselves because with a good attorney, I would walk right away from the case.
The Governments of many countries use a variation of this tactic to do what they are not allowed to do directly.
They give a 3rd party the advice or permission to do something they aren't supposed to do themselves.
Re:Company name (Score:4, Interesting)
Re:Company name (Score:5, Insightful)
Exactly. It's the 3rd party dodge to get a warrant for something the Government can't get a warrant for directly themselves.
It doesn't matter if the Government can directly prosecute with what they have from the 3rd party...but it is enough for them to get an official warrant to investigate further than they normally would legally be able to do.
Re:Company name (Score:4, Insightful)
The courts here in the U.S. no longer seem to pay any attention to our Constitution. The "justice" system in this country is not quite as corrupt as the legislative and executive branches of government, but that's changing. Given that the courts have not seen fit to declare unconstitutional such legislation as the DMCA, the PATRIOT ACT, and other acts that limit American's civil liberties, I don't see much hope that the situation will change for the better anytime soon.
I wonder if it might be possible to convince enough people to boycott everything produced by members of the RIAA and MPAA that we could starve the monsters that are corrupting our political and judicial systems? I think I'll start by cancelling my memberships in various CD/DVD clubs, etc. Frankly, I'm surprised that there hasn't been a move towards such actions already, at least I'm not aware of any, but would be glad to be proven wrong.
Just my $.02,
Ron
Re:Company name (Score:3, Insightful)
It strikes me as ironic that the govt is fighting to put the ten commandments in schools and public places. I wonder what will happen to a generation of students who walk by a sign that says "thou shall not covet" every day. I wonder if it would make a difference in the consumer society?
Probably not, it's not like anybody really pays attention to that crap. If they did the streets would be empty on sunday.
Re:Company name (Score:3, Interesting)
I've asked my less politically aware friends questions like "how bad would it have to get for you to 'do something' (write to congress, get politically active, anything semi-subversive)?" Most of them say that nothing they would ever do would matter, so staying put and keeping their mouths shut is the best way to go through life.
But all the same, I wonder what event could create a critical mass o
Re:Company name (Score:2, Interesting)
Now, imagine other scenarios - such as a tobacco company destroying evidence linking smoking to cancer. It would be in the public's interest for this inf
Re:Country name. (Score:5, Insightful)
Not any more. With Howard's Liberal government (famously referred to as a conga-line of arselickers) in power, we run things your way as well.
Just look at our government's total lack of response when you lock up our citizens without charge.
Re:Company name (Score:5, Informative)
A little-used civil search law, apparently.
The raids were conducted with rarely used search warrants known as Anton Piller orders which are used exclusively in civil proceedings. No police were involved, and the record industry sent its own investigators to carry out the search and seize evidence. From the Sydney Morning Herald.
Re:Company name (Score:5, Insightful)
That's crazy gestapo crap. I mean it's bad enough that official law enforcement agencies can do this crap but regular citizens!? Insanity.
Re:Company name (Score:5, Insightful)
So now anybody with a copyright, patent or trademark can raid my private home without warning if they can show that it is probable that I have infringed on their rights to the "court".
I quote "court" because the "court" that the other part has to show a probable infringement to is lower than the lowest court in Denmark. This "court" has a role somewhat similar to "sherif" in the United States.
If US people have problems understanding why some foreigners don't like the US, please take this as an example. (Personally I dislike the US government because of it, not the US people.)
Re:Company name (Score:2)
"Gee, looks like the government isn't selling any criminal copyright laws."
"That's rediculous, we're the corporations of amercia, we have a right to buy any law we want."
"Well sorry, they aint selling em." "Ok, we'll start our own police force! Can you get us laws which give our corporate goons the power of police?"
"Oh, that's already available."
"Excellent".
Re:Company name (Score:4, Interesting)
I'm right in the middle of a book about it, so not fully versed yet, but there are apparently some DMCA-like provisions in there which may do serious damage, quite aside from the economic concerns many sectors hold.
Re:Company name (Score:5, Insightful)
Americans get to vote on the federal government at least once every two years. Combine that with state referendums and offices and that's a lot of voting. So no, you should not have a problem with individual Americans, but you should a big problem with "the US people." We voted for all these unconstitutional laws and so-called leaders.
As a citizen I can say that you should dislike the American people as a whole. Ultimately the buck stops here and we are the ones responsible for our government (at least for now).
Re:Company name (Score:3, Insightful)
IIRC, wasn't it great rifts between the rich and the poor that caused revolutions and the toppling of the many powers that be in the past?
Bertrand Russell wrote "Religion in any shape or form, is regarded as pernicious and deliberate falsehood, spread and encouraged by rulers and clerics in their own interests, since it is easier to control over the ignorant." which led to Marx's comment about Religion being the opium to the masses.
It
Re:Company name (Score:2)
I keep seeing that scene from Hackers when the SWAT team comes through Phantom Phreak's windows with M4's...
Good!! (Score:2, Insightful)
Re:Good!! (Score:2, Interesting)
Pirates are legit users. People fight this stupid IP/Copyright bullshit by continuing to copy and share information.
Pirate is just a word for "terrorist light".
WTF (Score:5, Insightful)
Re:WTF (Score:2, Interesting)
Re:WTF (Score:5, Informative)
Correct
The government can do as it pleases.
Not correct. There is plenty of accountability. Australia is not an autocratic state lacking checks and balances by any means. If a government oversteps its mark, there are numerous avenues by which they can be constrained.
Re:WTF (Score:4, Insightful)
The USA does have a bill of rights, and the government can do as it pleases.
Re:WTF (Score:2, Insightful)
The raids were conducted with rarely used search warrants known as Anton Piller orders which are used exclusively in civil proceedings. No police were involved, and the record industry sent its own investigators to carry out the search and seize evidence.
There's a bit of an explanation of an Anton Piller order here:
http://www.mgrewal.com/anton.htm [mgrewal.com] and some information on how the federal court decides if they should make such an order is available here: http://www. [fedcourt.gov.au]
Re:WTF (Score:5, Funny)
it's called the slashdot two-step! anybody can dance to it. the idea is just to keep moving with your keyboards in any way you can to justify piracy.
For example, in response to this message, you can ignore the main point, and concentrate on the minor linguisitc point that I used the term "piracy" instead of "copyright infringement." See, you can do it.. it's easy!
Re:WTF (Score:2, Informative)
Also there has to be some proof provided by the raider to the court that there's a likelihood that evidence would be destroyed were the target to be informed in advance.
Sharman Networks (of Kazaa fame) is currently battling this in the Aussie courts as they were willingly handing documents over in the US court action (hence no risk of destruction). RIAA (or MPAA or whoever it was) may be in real trouble
Re:WTF (Score:3, Interesting)
Re:WTF (Score:3, Insightful)
Re:WTF (Score:5, Funny)
Starting post with arrogance: Check
this is merely ZDNet's inability to differentiate between journalism and editorializing.
Attack of major corporation: Check
Of course, they are hardly alone in this deficient behavior, and are in the company of many prestigious (and formerly prestigious) media outlets.
Attack of major media: Check
It's obvious to all but the tinhat crowd (and ZDNet)
Attack of
Second attack of major corporation: BONUS!!
that the police did the raid.
Arrogance of knowledge of another country's legal system: Check
Re:WTF (Score:2, Funny)
Time to switch... (Score:5, Funny)
Comment removed (Score:5, Informative)
Re:MUTE (Score:5, Insightful)
Trying to change the law is what we need to do.
Re:MUTE (Score:3, Funny)
And that would make MUTE moot.
Re:MUTE (Score:2)
Re:MUTE (Score:5, Insightful)
No, either the music industry or the copyright offices need to get off their fat, money-soaked asses and come up with a workable licensing scheme that doesn't turn huge chunks of the country's citizens into criminals. But, as noted in another story, the record companies are using these suits for revenue more than abatement, so don't worry about the Anton Pillar orders going away soon.
Re:MUTE (Score:3, Insightful)
Civil disobedience is when somebody proudly breaks the law and publicly stands up to it, not when somebody tries to break the law and get away with it.
Still you have a point. Laws are meant to maintain and uphold the society. If they criminalize large portions of society, something is wrong with the law.
SMH Article (Score:5, Informative)
"The raids were conducted with rarely used search warrants known as Anton Piller orders which are used exclusively in civil proceedings. No police were involved, and the record industry sent its own investigators to carry out the search and seize evidence."
Anton Piller order (Score:5, Interesting)
Here is the Wikipedia explanation [wikipedia.org]
And here is how it is done in Australia [fedcourt.gov.au]
It is considered the "atomic bomb" of IP rights enforcement, and is quite old. Because the defendent is not heard before the raid, it was removed from most laws until the new wave of harsh IP enforcement.
In Denmark this was implemented a few years ago due to pressure from the United States. This is another reason I do not like the US government: Now anybody having copyright, patents or trademarks can raid my private home if they can prove that it is likely that their rights were infringed upon.
Re:Anton Piller order (Score:4, Interesting)
It's worrying to me that such laws exist in civil cases, but it hardly surprises me that ARIA would employ whatever tactics are available in their ongoing war on file sharing.
The details of the case suggest that the raid was carried out because the domain names of some torrent hubs were registered to swiftel (rather than a user of swiftel) - or at least that's my interpretation - and if this is true then I'd see that as a pretty dumb move on the part of the ISP.
Re:Anton Piller order (Score:2)
Not that *I* think like this of course...
Re:SMH Article (Score:2)
Mandatory buybacks of most types of weapons.
Try this http://members.ozemail.com.au/~confiles/buyback.h
Not effective, was cammed - only outlaws now have guns. Unless you are farmer (Howard voter) or a sporting shooter who has access to a major safe
Re:SMH Article (Score:2)
I'm no friend of Johnny H myself, but you're just way OT with this one.
AC in there I replied to (Score:2)
Deja Vu... (Score:5, Funny)
"Turn it off! Turn it all off!"
Re:Deja Vu... (Score:2, Funny)
Peck: Why not?
Venkman: You didn't use the magic word.
Peck: And what is the magic word?
Venkman: Please.
Peck: May I please see the torrents, Mr. Venkman?
Venkman: Why do you want to see the torrents?
Discussions on Whirlpool (Score:5, Informative)
There's also a discussion on Whirlpool's [whirlpool.net.au] and Swiftel/People Telcom's [swiftdsl.com.au] forums.
What does bittorrent have to do with this? (Score:5, Insightful)
It's sorta like saying that "Before being apprehended, the chainsaw murderer went after the victims with a 2 HorsePower Black-and-Decker Deluxe Model Chainsaw (available at hardware stores near you)"
Re:What does bittorrent have to do with this? (Score:2, Insightful)
And while the invasion of an ISP by a company may seem like bad
Re:What does bittorrent have to do with this? (Score:3, Insightful)
Re:What does bittorrent have to do with this? (Score:4, Interesting)
For that matter, when a patch for World of Warcraft comes out, their patcher fires up and starts, you guessed it, a bittorrent session. Good thinking too, as patch release days are always brutally slow, but it's hard to justify enough bandwidth full time since you don't need it that often. They'll give you the option to hot use it, but it goes quite slow.
So seems to me that bittorrent has plenty of legit uses. It is just an intelligent extension of HTTP, after all.
Re:What does bittorrent have to do with this? (Score:2)
Re:What does bittorrent have to do with this? (Score:2)
In Australia, a pratice used by some ISPs to attract users is to offer free/'unmetered' traffic to certain desintations, in People Telecoms (was known as Swiftel's case), unmetered traffic between users.(there aren't any 'completely unlimited' broadband plans in Australia yet, because the main DSL wholesaler and monopoly Telco, Telstra, charges an arm and leg to transport data over the
Re:What does bittorrent have to do with this? (Score:2)
Re:What does bittorrent have to do with this? (Score:2)
Has "Bitorrent" become a gneric meaning "P2P" in the media now?
Re:What does bittorrent have to do with this? (Score:2)
Re:What does bittorrent have to do with this? (Score:2)
This raid happened because the people involved were running some (tiny little) pirate ring. The fact that they were using BitTorrent is practically irrelevant - the MPAA isn't trying to blanket ban p2p.
This headline seems to be unneccessarily, Fox News-esque alarmist
For those of you who saw Boiler Room (Score:5, Funny)
A raid! Quick hide those torrents!
The actors proceed to furiously bury floppies in desk drawers.
Re:For those of you who saw Boiler Room (Score:2)
I didn't see Boiler Room, but I've seen enough bookies get busted on TV. =)
Re:For those of you who saw Boiler Room (Score:3, Informative)
Make no mistake... (Score:5, Interesting)
And Music Industry 'Piracy' Investigations for a title? What about Music Industry Copyright Investigations as a more correct name - oops, too easy to take the MICI out of them.
I miss Bernadette Taylor (Score:2)
This happened in Perth to boot, insulting.
The story (Score:5, Informative)
The people who raided the ISP in particular believed that the ISP had setup the P2P facilities for the users (which isn't the case).
Interestingly the hubs and groups who were using these facilities were pretty low key, you would be lucky to find two or three seeders per torrent (for example). I am amazed that they even botherd to do the raids, the people involved number in the dozens only. We aren't talking a Aussie suprnova or anything...
Posting anon for obvious reasons.
So... (Score:2, Insightful)
Re:So... (Score:2)
Hell, I'm up for personally raiding CherryOS's offices, who's with me?
Re:So... (Score:5, Insightful)
I don't understand why the 'little people' (us) have to paint everything black and white while the bastards with all the power can come up with any old justification to do what they want. This isn't hypocrisy. If you're not going to show me any decency and respect, I'm under no obligation to do the same for you. I just wish people weren't such a bunch of dumb fucks that they can't see the distinction, and then maybe reform the system for everyone's benefit (except the record producers, my they and their ilk rot in hell).
Re:So... (Score:2)
One question, why do Artists sign contracts with them? If RIAA and others were useless, artists would not use them for distribution.
Re:So... (Score:2)
Lady Justice has a blindfold for a reason. A
Re:So... (Score:3, Informative)
confused reporting (Score:5, Funny)
Ah, ZDNet.
Better Article (Score:4, Insightful)
What scares me the most is that police weren't involved at all. These are corporations barging in and taking stuff with the government's blessing!
Re:Better Article (Score:3, Insightful)
Re:Better Article (Score:2)
The only thing worse than going to jail for ilegally copying music is going to jail for ilegally copying Britney Spears!
You'd be sitting there going "WHAT was I THINKING??"
It's like (Score:2, Funny)
Perfect quote (Score:3, Interesting)
Bing's Rule: Don't try to stem the tide -- move the beach.
Music/movie industry - start moving.
its nice to see (Score:2)
Very intimidating to freedom (Score:2)
Free Linux with every Windows http://home.btconnect.com/chrisandcarolyn/knosci.p ng [btconnect.com] !
Torrents here http://home.btconnect.com/chrisandcarolyn/torrents / [btconnect.com]. They all 'autorun'. Share and Enjoy !
Anton Piller order is not a search warrant. (Score:4, Informative)
The difference is that the bearer of the order needs to ask for permission to access, if there is no-one present then they can't enter.
ZombieEngineer (IANAL)
Here we go again... (Score:2, Interesting)
They really don't get it, do they? Every time they try to crack down on P2P, it evolves into something harder to stop.
Great quote (Score:4, Funny)
"I've never even heard of this technology" is the new "I did not have sex with that woman."
Worldwide RIAA boycott (Score:2, Interesting)
Or even better a week long boycott.
During The Price of Silence event it would be clear how much revenue is generated, so that we could see how well or badly the major labels really do.
I can't forget when the leader of a not-even-that-famous Canadian band "...taking care of business..." said on national radio, that after their first big hit the President of their label invited them for a dinner and promised them th
Re:Worldwide RIAA boycott (Score:3)
The same thing happened in Sweden yesterday! (Score:3, Informative)
Re:"WTF, mate" (Score:5, Interesting)
War on Music (Score:2)
Hey, it could have been worse. It could have been the FBI [waco93.com].
*High Altitude Low Opening (HALO), of course.
You have it backwards (Score:3, Informative)
Re:Crazy... (Score:4, Funny)
But realistically, since they're so far away from each other, I have doubts as to whether they were _ever_ connected.
Re:Crazy... (Score:3, Insightful)
England is on an island with 2 other countrys aka Scotland and Wales
and to the grandparent , no australia is a break off of the UK not of England
England is also part of the UK as was the USA and Canada at on point
Im from Scotland , which is also part of the UK (unless more of vote for the SNP )
Please stop refering to the whole UK as England ,
A large port
Re:Australia (Score:3, Funny)
The guys who only did petty crimes like murder were kept in nice prisons like the Clink in South London.
Although I'm of course being sarcastic, you might have some idea now of why "a fair go" is such a treasured concept in Australia.
Re:RAID my ass! (Score:2)
Re:Is this guy clueless or what? (Score:3, Informative)
"Oh no, an ISP that allows users to run Bittorrent on its service!?! Kill it quickly Michael!"
They went a bit farther than that; they were running a torrent site exclusively for their subscribers. This wasn't the case of some subscriber running a pirate torrent site unbeknownst to the ISP.