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Old 03-26-2006, 02:32 PM
Sykoi Sykoi is offline
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Default Its official, the MPAA has crossed the line.

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NiteShdw.com was sued by MPAA member companies Paramount Pictures, Twentieth Century Fox and Universal Studios on February 23, 2006, for encouraging "massive online piracy." NiteShdw.com was a BitTorrent indexer specifically oriented towards science fiction material.

The MPAA's decision to pursue this BitTorrent site was unexpected; as compared to other sites named in the lawsuit NiteShdw.com was much smaller and relatively unknown. Yet its inclusion with other United States' based sites such as isoHunt ensures the decision to operate a BitTorrent indexing/tracking site is a risky business.

Feeling the law is still untested, TorrentSpy and isoHunt have formed a legal alliance in an effort challenge the complaint - however NiteShdw.com has entered settlement negotiations with the MPAA. Similar to the RIAA's lawsuits against individuals, the complaint recipient has the option to challenge the complaint in court or settle at a discount.

For NiteShwd.com's, the MPAA made an apparent settlement offer of $10,000. Considering the resourcefulness of donation buttons, this offer may appear attractive. However NiteShwd.com reports that a stipulation in the settlement contract prohibits the use of any such donation money, and any money collected through such means will be confiscated by the MPAA.

"Ongoing discussions with the MPAA's lawyers are not going well," stated the administrator of NiteShdw.com. "They are demanding a monetary settlement of at least $10,000, which amounts to nearly a half year of income.

"In addition, a clause in the proposed settlement takes away my right to ask for donations to pay for a defense or settlement fund. Under the proposed agreement, any donations I receive through NiteShdw.com would be confiscated by the MPAA and would not be applied to the total monetary damages I would owe."

It's clear the MPAA is not particularly interested in money as they are in expressing BitTorrent that is other than BitTorrent®©™ is no longer an attractive market.
This is just crossing the line, I know (of) the owner and he's a good guy - he has a family to think about, but yet the MPAA wants to cripple him financially.
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  #2  
Old 03-26-2006, 07:39 PM
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Post Re: Its official, the MPAA has crossed the line.

I'm a little hazy on what this whole law suit is about. Something about copyright infringement.
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Old 03-27-2006, 01:47 AM
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Default Re: Its official, the MPAA has crossed the line.

Basically he got a lawsuit slapped on him for piracy?

I'm shocked... (well no not really, it is ilegal y'know).
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Old 03-27-2006, 06:18 AM
Sykoi Sykoi is offline
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Default Re: Its official, the MPAA has crossed the line.

The reason why its such a big deal is because they won't allow him to accept donations to pay for the settlement costs - at all. Any money he makes from them they get to take
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Old 03-27-2006, 08:13 AM
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Default Re: Its official, the MPAA has crossed the line.

Wow, that is most unfortunate.

I hope things go well for the guy.
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Old 03-27-2006, 09:27 AM
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Post Re: Its official, the MPAA has crossed the line.

Yeh I saw that. I hate our laws, it is going overboard
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Old 03-27-2006, 10:44 AM
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Default Re: Its official, the MPAA has crossed the line.

I dunno about all of this, maybe I'm a little confused. Yeah, it does suck for this dude, with a family and all. I don't think I could really complain about what they did to him though, no matter how cold hearted it may seem.

As far as I can tell, this is whats happening:

Dude starts up a torrent site, deals in pirated sci fi. Chances are he knows the risks of doing such a thing, but he doesn't mind because afterall the risk is low.

Then he happens to have the bad luck of being one of the sites that was discovered and sued. Popular or not, the site is still doing illegal stuff so I can see why he was charged.

So then the controversy: he can't use donations made from said site to help pay for his settlements, because its being confiscated by the MPAA.
Maybe I'm just a little screwy, but it seems to make sense to me. He's making this money from donations, which he got for pretty much giving out stuff that wasn't his to begin with. They took this away from him because he shouldn't have gotten that money in the first place. On top of this, they decide to sue him as a punishment and a warning to others not to do the same thing. I really can't argue too well against these actions.

Its really unfortunate that he's a family man, a good guy and all that, but what he did was still illegal. I can't feel sorry enough for someone who knowingly broke the law to complain about what seems to me to be a just punishment. Its a high price to pay, but everyone who pirates stuff on the internet know that there are heavy fines involved to those who are actually caught and charged. The only ones I really feel sorry for are his family members, whom happen to be in the same boat as this dude. I don't think its fair for them to suffer for something their husband/father did. Dunno, I guess thats just me though.
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Old 03-27-2006, 10:56 AM
Sykoi Sykoi is offline
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Default Re: Its official, the MPAA has crossed the line.

Actually they're taking the money to help pay for the settlement - nothing more, he had never asked for money before - he's not making money from the tracker, just money from the community (Its mainly a sci-fi community, they just had a tracker) to help him pay off the MPAA settlement.
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Old 03-27-2006, 11:16 AM
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Default Re: Its official, the MPAA has crossed the line.

I'm glad im not the only 'cold hearted' one here Tomi!

I still don't see why your all so up in arms over it Sykoi.. explain please?
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Old 03-27-2006, 11:49 AM
Sykoi Sykoi is offline
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Default Re: Its official, the MPAA has crossed the line.

What this guy was doing wasn't necessarily illegal. He wasn't providing the tools to do anything illegal, nor was he actually providing the 'illegal files' to begin with - bittorrent doesn't work like that, what the MPAA is doing in these cases is sheer blackmail and completely under handed quasi legal scare tactics thats ruining good communities, legal trackers (Which allows users to upload torrents as well), and taking advantage of people who won't or even can't fight back.
I'm honestly sick and tired of this grey area the MPAA is using to shut down trackers.
Its not illegal to tell someone where to find some other people who may sell some illegal substance, so why are these trackers being considered illegal, shut down and the owners, not the people uploading the torrents, but the people who allow others to do so - being sued? How is this fair? How does it make any logical sense?

Completely forget the fact that whats on these trackers may be illegal (Not all of it was), and think of it this way: The owner had only moderation abilities of what was on there... There were a lot of people uploading TORRENTS (Which don't contain ANY illegal data, EVER) onto this tracker. Why should the owner get in trouble for this? He didn't upload any of these files, he's not hosting the actual illegal content, or anything like that.
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