Why was my bittorrent post removed?

[jaksback]

This thread has been entertaining and a bit informative and it will be addressed that from now on all mods will have to include a reason why they lock or edit a post.

Posting about bit torrents are not illegal necessarily, but as long as it is one referred for legal use. And for the most part it is rarely referred to for use that is allowed for this forum.

Cripes, people, you think the admins and mods like having these rules? You would have to be out of your head to think we like it....the main reason for this piracy and warez rule is so that we don't sued or GET SHUT DOWN as was already threatened by one company in the beginning.

Now people, lets not do battlewith the moral or legal right/wrong of bit torrents, warez or anything else in that nature. The only thing you have to know is ITS NOT ALLOWED HERE!!!!

 

[FadingTheory]

Your in the Off Topic forum... look around. All there IS is sarcastic comments and drug references.

We're all here to have fun. If you get so bent out of shape, then simply don't post.

You have to be pretty tight in the head to gewt worked up over things people on the INTERNET say.

So just calm down, and relax.

 

[Nubius]

You don't think the admins obtained VB legally do you?

WHOA I KID I KID calm down now har har

 

[Red Fox]

Don't get your panties in a knot there sunshine. First off, it's an open forum, I'll post what I want, when I want.
Whether or not you deem it "useful" is your opinion, just as what I post is my opinion. Maybe you should consider taking your ball and going home if you can't take any helpful insights from members.
After all, I was merely stating I hoped you could get those wasted moments back. Dredging through a forum to go on some crusade to say "look at me, I have been wronged" just seems so pointless. In fact, one could even argue that the original post in itself was not useful to begin with, so maybe you should mind your own advice before posting?
Beter yet, such concerns could have better been answered by asking a moderator via pm to find out why, if you follow forum etiquette that is.
Hmm, on pondering this post, I wonder if you could send me the address of where I apply to get my wasted moments back please, I feel so wronged. Maybe I should go on a crusade myself to find other "useless" posts and help those members get their wasted moments back too.
Thanks sunshine

 

[tribalsun]

Red Fox, I don't want your shit, seriously. You and your ilk jumped in and made it seem like I was going ballistic when I asked a simple question and provided other instances where a deletion without explanation was not used. Are you done putting yourself over? Do you feel oh so better about putting me in my place? Has your puffed up ego been stroked enough?

It was a simple question, how hard is that to understand?

 

[Harper]

Damnit! I thought I had scored with a correct answer too!

Well, there was one time when they where just advertising "PLEASE WATCH IN A WELL LIT ROOM" after that epaleptic Pokimon episode.

However since a lot of the studios and distributors are feeling the pitch due to fan subs and raw episodes getting distributed via BT and P2P, some of them are beginning to take legal action.

The names have left me, but there are 2 studios in japan that are taking legal action against the fansubbers.

And there is my "freinds" ADV Films and NuTech that will go out of their way to sue any one that is BTing the stuff that they lienced.

The legality of downloading japanese fans subs is just about a legal as downloading normal tv episodes....... IT'S NOT. The reason why we think that it's legal is that their is no government or corporate body in place to enforce it. Thus leaving it up the the studios or companies that have actually produced or licenced the show to take legal action directly with people who are the offenders.

Whether or not they get any where with it is another story.
Eg. Myself got busted by Siren Entertainment (Manga Video Australia) back in 1996 for copying fan sub VHS tapes. All they did was issue me a cease and desist order. They then offered me a job for being one of their distributors.


As I commented on Anime Fight Club Forums, if the japanese wants to put a slow down on the P2P and fansubbing of their shows, then they should put the warning in ENGLISH instead.

 

[PP Mguire]

quote As I commented on Anime Fight Club Forums, if the japanese wants to put a slow down on the P2P and fansubbing of their shows, then they should put the warning in ENGLISH instead. quote
actually if they wanted to get rid of it that bad then they would shut down the networks. this thread is so styupid in the firs tplace. DLing isnt really legal anyways so whats there to argue?

 

[Powerslave]

bawls tastes like anus juice just so you all know.

 

[PP Mguire]

WTF is your problem? that is totally unnecesary.

 

[Harper]

actually if they wanted to get rid of it that bad then they would shut down the networks.

Yeah right. Been to pirate bay lately? If you know the URL, check out their legal threats and the way that they laugh back in the faces of these companies.

this is one of my favorite leagal threads. (one reasons is that I don't like the ADVison Films as a company.

FROM ADVision Films

Date: Fri, 24 Sep 2004 09:50:25 -0500
From: No Piracy <nopiracy@advfilms.com>
To: tracker-d1-a3-a2-03-41542f4e_prq.to, tiamo_prq.se
Subject: Electronic Notice of Infringement - (URL REMOVED)


September 24, 2004

Fredrick Neij
Box 1206
Stockholm 11479
Sweden

tiamo_prq.se

tracker-d1-a3-a2-03-41542f4e_prq.to

RE: http://(URL REMOVE)

Dear Fredrick Neij,

This office represents A.D. Vision, Inc. (ADV) and its affiliated
companies that own and/or are exclusively licensed to use the following protected work (the "Protected Work"):


Neon Genesis Evangelion

Through our Internet monitoring program, we recently discovered
unauthorized use of our Protected Work in connection with your website (URL REMOVED) (the "Site"). Specifically, the Protected Works are being offered for Internet download, copying and distribution through Bit Torrent technology.


Our intellectual property rights are our most valuable assets. In order to promote a cooperative and beneficial relationship with fans, ADV prefers to send out written requests such as this first, rather than institute litigation or request that your ISP disable your Site. Notwithstanding the foregoing, unauthorized copying and distribution of ADV's protected works (including images) constitutes an infringement of one or more of ADV's rights under the copyright laws the United States, Canada and many other jurisdictions throughout the world, including States that are members to the European Union. Applicable law provides
for substantial penalties for such infringement, including injunctive
relief, attorney's fees, and damages. ADV has instituted litigation in the past, and in every such litigation, ADV prevailed. If necessary, ADV will not hesitate to take such action again to insure that its rights are fully protected.

Therefore, without limiting any right, remedy or defense available to us,
ADV MUST ASK THAT YOU IMMEDIATELY:

1) Delete and cease all further use of the Protected Work, and any other unauthorized ADV works, from the Site.

2) Remove and delete all copies of the Protected Work, and any other unauthorized ADV titles, from any other distribution channel owned, operated or otherwise controlled or accessible by you or those to whom you grant access including other web sites, FTP servers, web-based storage services, peer-to-peer systems and the like (each of the foregoing being a "Channel").

3) Remove and delete all references, pointers and hypertext links pertaining to infringing copies of the Protected Work from all such Channels.

We also ask that you please advise us in writing within five (5) days from the date of this notice as to whether you will comply with our request so that we can determine whether any additional action will be required beyond this point. I trust this will receive your prompt attention and if there is anything I can help you with in future, please let me know.

Sincerely,

Aaron Guerrero
Enforcement Team
Anti-Piracy Division
A.D. Vision, Inc.

nopiracy@advfilms.com

and Pirate bay's reply :-

Date: Fri, 24 Sep 2004 17:11:44 -0100 (GMT)
From: anakata
To: nopiracy@advfilms.com
Subject: RE: Electronic Notice of Infringement - (URL REMOVED)

Hello, my dear sir(s)!
We all like Evangelion a lot. This, however, does not mean that we like YOU. So instead of mindlessly acting on your notice of so-called infringement, I took the liberty of forwarding it to our legal counsel:

On the subject of thepiratebay.org's supposed infringement of your intellectual rights. I have been given the authority, as legal consel, to reply to your kind letter.

We understand that you are familiar with Bit Torrent technology. Then you may, or may not, understand that none of the data that you hold the copyright to reside on thepiratebay.org's servers.

This raises the question of the reach of Swedish and European copyright law. It is the opinion of us, and the Swedish Supreme Court, that information about WHERE to obtain copyrighted material, which is the case with Bit Torrent, is not illegal. The '.torrent' files that are offered for download at the site in question contain nothing more than hash and checksum information. How this information could, in itself, possibly be an infrigement of your copyright is beyond us and apparently the Swedish legal system agrees.

As to this date the third paragraph of the Swedish copyright legalislation does not criminalize information exchange. You may also wish to rewiev the 'Lag (1998:112) om ansvar för elektroniska anslagstavlor'. It is stated in the fifth paragraph that under certain circumstances an administrator of a site might be required to remove certain 'messages' entered by the users. However it is our opinion that '.torrent' files is not of the nature stated here. The subparagraph in question is aimed at stoping people from quoting whole literature works or posting copyrighted pictures.

In your e-mail you state three demands. The first two are obviously completley void since The Pirate Bay in no way store any of your copyrighted data on their servers.

As for the third demand: We have no intention of removing anything as long as our actions are not violating Swedish law and to our knowledge this is not the case.

For your convience we took the time to review European law on this area. Considering that it takes several years, in some cases almost a decade, to get an answer from the European court on an inqury about how a law is to be interpreted, the question whether the european copyright law also includes bittorrent is less interesting. You may return in about 5 years
when there is a ruling from the European Supreme Court. Until then we have no choice except respecting Swedish copyright law. And as we have explained the information contained in our servers is clearly not of the nature required of Swedish law, to be considered an infrigement of intellectual property. This would be similar to outlawing a map outlining where to find the library or the local video-rental store.

Our guess, since you did not provide us with adequate information on which laws and regulations that you feel are violated, is that you are referring to 'Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society'. Whether or not this act does indeed state that the information contained in '.torrent' files is a violation of the authors' intellectual rights or not is of little importance in the case at hand. The act does not have direct effect and calls upon the member states to take appropriate action in order to protect the rights refered to in the directive. Obiously the Swedish government, to this date, considers that it has done so and that all rights are protected under the current Swedish legalizlation. And as stated above our activity on the site in question and on our servers are not in violation of Swedish law. As law-abiding good upstanding citizens we do not question our wise government's policy.


Sincerely
/Judas, on the behalf of The Pirate Bay

It's a joke to these guys.