TorrentSpy Loses Case Against MPAA
A Los Angeles court decided against TorrentSpy in their ongoing legal battle with the MPAA and terminated their case. According to the ruling, TorrentSpy was sanctioned for destructing evidence.
The court ruled that TorrentSpy tampered with evidence as they deleted infringing forum threads, deleted and renamed categories and subcategories that referred to copyrighted material. On top of this, TorrentSpy allegedly deleted IP addresses of its users, something that was apparently considered to be evidence. The court explained that “although termination of a case is a harsh sanction appropriate only in extraordinary circumstance, the circumstances of this case are sufficiently extraordinary to merit such a sanction.”
The MPAA already claims a victory, but Justin Bunnell, founder of TorrentSpy does not want to give up yet. He told News.com in a response: “It’s not like they proved their case. It’s not like they proved that TorrentSpy infringed copyright, I think we have a lot of grounds for appeal and we’ll pursue it vigorously.”
John Malcolm, Executive Vice President and Director of Worldwide Anti-Piracy Operations for the MPAA said in a response to the ruling: “The court clearly recognized that defendants engaged in evidence destruction because they knew that such evidence would prove damaging to them. The sole purpose of TorrentSpy and sites like it is to facilitate and promote the unlawful dissemination of copyrighted content. TorrentSpy is a one-stop shop for copyright infringement and we will continue to aggressively enforce our members’ rights to stop such infringement.”
To get a more “balanced” view we asked Andrew Norton, a spokesman for the US pirate party for a response, and he said: “This case shows again the need for radical reform in the US legal system, as well as educating our judges to deal with modern technology. This is not the 1970s, where the basic underpinnings and mechanics of technologies were readily understandable by the layman, but require significant knowledge in the technologies involved. Perhaps it is time we had specific courts with jurists who are kept upto date on technological progress, so that justice can be sought, rather than judgments based on which side has the most lyrical attorney.”
In August, a federal judge ordered TorrentSpy to log all user data stored in RAM. In a response to this decision - and to ensure the privacy of their users - they decided that it was best to block access to all users from the US. TorrentSpy, once the most visited BitTorrent site on the Internet has taken some serious hits from the MPAA and this ruling doesn’t make it easier. In October we reported that TorrentSpy’s traffic, and thus their revenue have plunged after they banned US visitors, and it is not likely that the movie studios will back off the site shuts down completely.
To be continued…
Source: TorrentFreak
Sad news… deleting IPs is now a crime?
deleting Ips probably saved a lot of our asses
Well it was evidence so I guess so. Its a shame that these big greedy software\music companies don’t get the hint with pirating and lower their prices.
yea bad news…but not as bad as Halo 3
Thank You TorrentSpy
thanx TorrentSpy .. 4 saving our arses
i have to wonder *why* any torrent sites/trackers log ip’s anyway? or at least longer than necessary
I stopped using torrent files last year, and i am still confused why they are so popular. I pay monthly with Rapidshare. Fast download times, no need to worry about seeds or peers, and the biggest benefit, not having to worry about MPAA.
The people who i really dont understand our those who try and use rapidshare for free… It’s really pathetic, and shows just how low we will go to get anything and everything for free. It’s $5 a month. which is nothing when compared to what you are downloading…
Torrents are dead, long live rapidshare!!
Fight the Power!!!!!
Wait till rapidshare is responsible for hosting copyrighted material
lol @ 2 & 6….I agree.
Now to search some sites u should have HideIP on your pc and use it. Just make sure when it gives u a random IP that it isn’t one in China. Wont be able to see a lot of sites.
@9…I would agree with you but rapidshare file size limit of 100mb is a pain in the neck. You do better to go with Megashares where u can search for files and you only need 1 link and not sometimes 10 or more. Plus it is cheaper. 6 months for $25 isn’t bad.
Only thing with uploading sites is that you gotta know the file name and hope what you are getting is legit. At least with torrents you can see what you are getting and download only what you need. Also don’t forget that easier to find hard to find stuff on torrents than it is uploading sites.
You really have to know how to use both. I use torrents for software and other lil stuff. I use Megashares for movies.
yeah, just wait..
R.I.P torrentspy, you did the right thing
How long till they go after RLSLOG?
Good riddance, one less ad cluttered tracker FTW!
Why would you think Rapidshare is immune from this? It could be said that you are simply leaving a money trail to your deeds by paying once a month. While it truly isn’t a big deal, why pay $5 for what is free? I’m just saying there is at least an argument “torrents”. Hardly the slam dunk you make it out to be.
your paying to use a site for getting illegal downloads… your on the books and you cant deny it in any way… hahaha another one is born every day… I am out fellas!
Yes thanks to torrent spy for deleting the evidence but i mean really were the MPAA going to use the taken ip evidence to take thousands of us to court i don’t think they even have enough cash to take 30 of us to court.Im tired of hearing of the MPAA and there desire to rid the world of the likes of us it just aint gonna happen so get it up ye MPAA you lose lose lose we the people rip rip rip and guess what we win win win invincably sure you may take a few but they’ll always be more end of story.Maybe if the MPAA pirated there own material they would make the money they think there loosing.I don’t do cinema or virgin megastores for pleasure i do it because i despise capitalism and ripping makes me feel as tho im giving something back to my fellow travelers online id rather see them save money than give to big pockets within richer societys your rich enough now its the poor mans chance.I wouldnt pay to watch your guff movies id just pay to rip them then give a little something back on with the resistance.
please
you can close what you want, we will always find a way
you are pathetic and chasing after profit that never was
I am among those that are saying thank you to torrentspy for what they did.
I hope rlslog has a plan “B”?
Sorry though to hear we lost another torrent site.
They could have testosterone’d the MPAA
Crinan you’re a few hundred years behind.
You may think you’re a “hero”, but you’re not.
Just a fool.
I agree with 2 and 6… while there was little threat of the MPAA appearing on my doorstep, they are still a nuisance I’m happy to be protected from, and it still… surprises me… when a company like Torrentspy has its user’s back… fair play to them in what is becoming less of an ethical world, I appreciate their stand, and protection.
(and yes I do recognize and appreciate the hypocrisy of my post on ethics - $12 for a 50-cent album… that’s not ethical either!)
(p.s. that was an example - I do not listen to 50cent!)
ppl have been sharing music ,films, literature for hundreds of years. what is wrong w/file sharing? spread the wealth I say!! share share share!!!
Just to make it clear for everyone:
rapidshare logs absolutely all the uploads and downloads and keeps the records for at least 3 years. If someone demands that records in this period of time it has no hesitation to show them, unlike the administrators of torrent sites like TPB, isoHunt or TorrentSpy.
u know.. u can go to torrent spy through an anonimouse search site and still download.. no ip taken and prision free!
TorrentSpy was good for a while, but with what happened, It’s sad to see a good site shut down. Thanks for everything.
But as one said, one goes down three pop up.
Torrentspy was a good site, but the way things look now it’s doomed. I’m sure others will rise to take the traffic, as suprnova clearly demonstrated.
As for the judge. It’s obvious he has absolutely no idea what ram is and how often its contents change every second.
So dumb.. someone in the Bush administration is allowed to delete all their e-mail when it’s called into evidence but a site deleting IPs belonging to ppl not on trial is actually a big deal in court?
“and i am still confused why they are so popular. I pay monthly with Rapidshare”
Pretty sure you answered your own question.
WTF? Torrentspy can delete, edit, changed whatever it wants to from it’s own site. It’s not a crime to not share information. Fu*k the MPAA, stupid mother fu*kers. We already knew they’d lose sooner or later, courts being biased and all in their decisions to side with the MPAA.
LMAO @ #9.
Buddy actually pays for rapidshare of all things and thinks he’s better than everyone because of it. Too funny. Yes sure, 1 torrent site goes down and torrents as we know them are dead…give me a break.
This would be the type of user constantly asking for download links in these comments sections, relying on others to supply them with warez releases.
“but rapidshare file size limit of 100mb”
Yeah… pretty handy for DVD’s while I am away from home.
@ TNT #26 :
Thank you for clearing that up, I bet none of us knew that. And for people using rapidshare, don’t :P. Might aswell use newgsroups.
Torrentspy WAS good, like a year ago. that site went down hill!
All Glory to Global Corporate Facism!!!
http://www.shadowshares.com
http://www.shadowshares.com
What wordpress layout does rlslog use?
rapidshare will not be affected by the copy right law. its main use is to host personal files… that is why when someone reports a cracked software or a video game they immediately take it down… saves them the hassle of those legal issues.
That is why when uploading files I don’t understand why a few people would use the actual name of the item specially if it’s a copy right material or even a cracked software. oh well happy holidays1 torrents or file host which ever works for you then go for it!
torrentspy was a good place to get info on torrents co’z of the comments they had from the members similar to releaselog not as many spammers as much as I’ve seen in other torrent sites and the comments were were more often then not also helpful.
well i stopped using TprrentSpy after they removed the comments at the bottom.
you cant tell what your downloading, and beacme a heaven for trojan releasers and antiP2P trackers.
the stupid thing about the Anit P2P ppl is that if they start removing all the P2P networks, they reduce the number of high broadband users, people wont need 8mb conections anmore, the ISP will take a huge hit on the loss of their customers. why arnt the ISP’s backing the P2P networks!
I have a Mac and almost nothing runs on it so I don’t care about downloading!:)
Yes!!!
Torrents s_u_c_k_s!!!!
Shutdown every torrent site!!!
@9: Yeah i rarely use torrents now, however I DO NOT PAY FOR PREMIUM. I use link generators which basically cracks the premium thing for me =)
Newsgroups FTW, anonymous searching, SSL encrypted downloads, heck you can get anything on newsgroups, even you know(pr0n)
Sad news for the good torrents spy you will be missed guys and thanks alot for savings us all.i hope they will realized that peoples only do this because they dont lower the prized, for buying movie..
@16
Agreed, I don’t really like TorrentSpy either, it just sempt a lot harder to find what I wanted BTJunkie and PirateBay are far superior.
Good to know that Torrentspy stores IP’s.. Now I will never use them again.. Rock on \o/
@45 maybe we should keep this between us.
Hey mr MPAA man ;o)
guess what?(its not working lol)even though its became a bit of a big brother world.hes not watching over all of us ha ;o~
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The important think is to know that black nigg@z must all die!
@1 what is a link generator? is it like download direct?
Is this the begining of the end for torrent sites? Demonoid was shut down now this , mabye more will follow. Perhap media company lobbyists will pay a shill senator like Leiberman. McCain and Ted Kennedy to introduce a new law to tackle “cyber piracy” making it much easier to shut down torrent sites.
Death to pirates! Long Live leechers!
First of all I wanna say THANK YOU TorrentSpy. Thank you for standing up to the MPAA and saving many of us by deleting our ip addresses. Just a couple of years ago I was a total n00b and your website was the fist torrent website I ever visited and downloaded from. I learned a lot from your forums too.
Well, 8Mbit is useful for lots of things, since it’s not really that fast in comparison and the slower connections are priced almost the same. I agree though the amount of 100Mbit connections or more will be much fewer, which in turn will probably slow down the release of newer better services.:(
Btw. at least over here ISP’s are on the sides of their customers, and value the right to privacy over any corporations desire to catch pirates.
ISPs wouldn’t mind so much having their 8mb customers downgrade to, say, 1.5mb. Bandwith is expensive.
Also 8mb+ lines are used for a lot more than torrents.
Shucks, but great for them to do all they could.
@ Anothony
You still are a total f@cking n00b with your pathetic bleating to torrentspy, as if any of them give a flying f@ck about what you wrote on this site!
You can get in to a lot of trouble for deleting potential evidence… If a legal entity is sued or believes legal action is imminent, they are required by law to implement and enforce a litigation hold ordering that all information–whether paper or digital–relating to the subject of a dispute being addressed by a current or impending litigation be preserved for possible production in the litigation.
As for “were the MPAA going to use the taken ip evidence to take thousands of us to court”
That’s pretty much what they do…they file a lawsuit against multiple “John Does” listing IP addresses in the complaint. The chances of one of us being listed in one of these complaints is minute considering how many of us there are.
Anybody that thinks Rapidshare has no record of their IP address is sadly mistaken. If you know anything about how the internet works, you’ll understand that their servers connect directly to your IP address to download.
Slowly but surely, the torrent sites will disappear. Then, once Rapidshare is hauled into court by the MPAA, you’ll really see the well dry up for a lot of releases.
who the hell uses torrents?
@ #62 news
People that want to download illegal digital media. And Linux users.
when i download using torrents i just use my idiot neighbors open wifi connection. Most times i use newsgroups.
To all the people that are becoming naysayers that “the sky is falling” just cause one site went down, a little perspective….
I was introduced to the ’scene’ when i was 11 and am now 26, there have been alot of changes and yet 15 years later it is going stronger than ever. One of the first i remember being taken down was HappyHippo which was taken down around 96? from memory.
So long as people have the faith in the scene then all will keep going, there are way more alternatives for downloading now than there ever was before.
Merry “Insert holiday”, happy downloading…..
a latest release album in oz costs around $30.00AUD. the aussie dollar is worth around 0.90c-0.92cUS. thats piracy when you consider since the aussie dollar has climbed up from around .75cUS to its current levels, so has the pricing for albums/movies
i wouldnt use torrents if i lived in the u.s other than that i think there fine crazy laws yous guys have
@66 your luck you arent over the ditch with albumns being around $40 NZD for a new release
The people who prosecute these cases are the same ones who used to make mixtapes and lend their vinyl records to friends. That is piracy. Should we now sue every person who used a blank tape to record off the radio? Every guy who made a mixtape for his crush?
LMAO @ 64!!!!!!!!!!!
i figured i might as well post the real pick
#49 lllBARlllCODElllUKllll wanted to have.
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there are a lot of PoRn Movies and PoRn ads in torrentspy…that’s why it was a hit…
F*cking MPAA….if there’s one thing I hate more than American politics, it’s American lawyers….
Good for them protecting us, lets hope nothing bad happens to such a good resource.
SAULUTE!
RIGHT mahahahahahahaha…*cough* *spit* *gag* THUD…………..
errm errhmm OK i got all your ip addys i be round soon
our asses were on the line
thnx for saving us temporly spytorrent
Thank You TorrentSpy, good move. I hope more sites do the same if they are in the same situation
I`m from Serbia let me see MPAA come after me
Plenty of supporters out her in either direction and rightfully so…. I used torrents, BBS systems when they were the most prominent way to share files and now I use a mixed bag since this digital revolution is changing more rapidly than the past twenty years.
Look Torrentspy didn’t have to “change” or remove information, they could have complied with the MPAA, but they didn’t. It takes big balls to stand up to the “bully” even when you know they are going to pummel you.
I agree with sharing media and files and programs. I’ve lent out 8-tracks, Tapes, albums, CD’s and more since I was a kid - and they were shared back with me. I’ve recorded off the radio, at concerts and photographed sporting events.
The reward system needs refinement - since it’s involvement in our lives the Radio, Broadcasting, Movie industry has been raping the consumers for all media - and the by-product - Can you say Britney Spears is a WHORE or look at some of the other “productions” these organizations have created.
Call it stealing, call it sharing, watch a DVD rented from Netflix with a friend - but keep on doing it.
As a consumer who has spent thousands, hundreds of thousands of dollars over the course of my forty plus years on the ever changing digital medium “revolution” I am pretty pissed.
Yeah, there are still MANY ways to hide from Big Brother.
Keep the faith…
Wait a sec…. I thought that Torrent Spy was hosted on server outside U.S. If so, MPAA couldn’t do anything. And torrent spy blocked all users from U.S so how the hell they can sue TS?
#64 - I’ve been “piggybacking” off of my idiot neighbors Wi-Fi connection for the past 2 years. I am surprised that the MPAA or RIAA hasn’t contacted him.
Anyone know of a mac version of a program to hide your ip address?
Also, @ 43 who said “@9: Yeah i rarely use torrents now, however I DO NOT PAY FOR PREMIUM. I use link generators which basically cracks the premium thing for me”
where do you find link generators?
I think it’s about time we put an ultimatum to the MAFIAA and their lawyer lackeys: Back off or we’ll make sure each and every new release is available for free everywhere, including direct uploads to infected PCs, mass-postings on all forums (relevant or otherwise) and so on, so that only the most law-abiding people ever would spend money on their stuff. This will kill the major movie/music business really fast - unless they wise up and back off. They need to change their business model radically with simultaneous global releases on all media (no head start for US cinemas or similar) and a dramatic cut in price - and of course a full stop to any and all legal proceedings related to ‘piracy’. Sure it’s pure blackmail but it’s nothing compared the the method currently being used by the MAFIAA against the common consumer.
[QUOTE]your paying to use a site for getting illegal downloads… your on the books and you cant deny it in any way… hahaha another one is born every day… I am out fellas![/QUOTE]
WHO SAYS THEY ARE USING RAPIDSHARE FOR ILLEGAL DOWNLOADS ?
A Question, after EDonkey’s dead and Torrents are dead now:
Where should the normal lamer like me go to get some content besides rapidshare and megaupload?
IRC is to stressful if you are only 2-4h a day at the computer.
Buying access to a usnet server is expensiv and if that owner is busted they got your credit card number …
They just should have said they had a harddisk crash orso..
And were unable to recover all data…
Just put some 220v on the disk… Oeps.. its failed on my..
Let MPAA prove otherwise..
It’s just bad luck.. harddrive crash. Can happen to anybody..
The rise of the Darknets will soon be upon us…
http://www.bearcave.com/misl/misl_tech/msdrm/darknet.htm
google to know more about them…
@89 Thanks for the article, was a good read. Now if only RIAA would take note of one of the last sentances that was in it: “In short, if you are competing with the darknet, you must compete on the darknet’s own terms: that is convenience and low cost rather than additional security.”
Thing is that if they had in their ToS that they have martial law of the forums and/or were in no way to be connected to the media or material posted other than the deletion of said posts.
1. Martial Law permits them to completely nuke the site (probably should have done that from the start and claim a hacker had done it)
2. Not being connected to anything on the forums while having Martial Law means that they could delete ANYTHING they want at ANY time. Judges cannot prevent the announcement of Martial Law and if it is a computer system you are the authority of your own property.
3. Unless they had a warrant they could not call anything evidence.
4. The judge said to log everything in the RAM which means EVERYONE on at that time onward. All they needed to do was flush the RAM and block all logging… This would, in theory, not show ANY IPs in the RAM.
5. They saved a lot of people but ultimately shot themselves in the foot for not thinking… Sad really but when you deal with mean ol attorneys you need smart pirates on deck, not some poopdeck scrubber. Sorry TSpy I just never used ya so I guess I don’t really feel any sympathy.
Sad sad day. I dont say this often, in fact never. Thanks Torrent Spy. The MPAA will follow the lonely empty road that the RIAA has been following for years. As long as there are DVD, HD-DVD, and BD Burners, there will always be torrents!
Now how come the **AA’s don’t go after Library’s and such, they too are “Sharing” their products in some places for nothing but a little card that has your info on it. Leave me alone and go fine your local librarian.
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@88 psies
They just should have said they had a harddisk crash orso..
And were unable to recover all data…
Just put some 220v on the disk… Oeps.. its failed on my..
Let MPAA prove otherwise..
It’s just bad luck.. harddrive crash. Can happen to anybody..
#
putting 220v on hdd wouldn’t delete any file on drive, it would only burn electronic which is easily replaced!!!
Deleted our ip’s? Try and find meh nowz mpaa TORRENTS 4 EVAH!
“Slowly but surely, the torrent sites will disappear. Then, once Rapidshare is hauled into court by the MPAA, you’ll really see the well dry up for a lot of releases.” - 61
LOL..
Piracy has been around for a long time before Torrentspy and Rapidshare… and the MPAA, the RIAA, whoever can shut down as many of these individual sites as they like, they CAN’T win!
It’s pretty fundamental to the way the internet works… you’re transmitting tons of encrypted, compressed or encapsulated data, some of it legal, some of it not. There is NO sure-fire way they can EVER block all the illegal material, without shutting down the internet entirely…
Newsgroups, IRC, FTP, Torrents, P2P (DHT, Gnutella, etc), Websites (Rapidshare, etc), and the list goes on.. and these are just the common examples…
So far the best comebacks they’ve developed are
Shutting down individual major offenders (torrent sites, etc) - we have a near infinite supply… go nuts guys…
‘Scare Tactics’ by suing a token number of minor offenders - Way to make the general community side with the pirates.. lol
DRM - Which hinders us from duplicating their digitally-released material, but will never stop piracy from the source. Not to mention the extra limitations imposed on you for owning the ‘legit’ DRM-encoded digital copy, as opposed to a standard MP3 or Xvid that can be played on almost anything.
‘Nag Screens’ on paid material telling you not to download stuff - I don’t see how this discourages downloading at all.. if anything it encourages it.. (download & you don’t have to sit through their unskippable anti-piracy propaganda every time you want to watch the movie you paid for..)
Alot people fighting piracy are slowly waking up to themselves.. The best they can ever hope to achieve is to slow it down, or jump on the band-wagon.
The only way they’ll ever win-back customers that’ve turned to piracy is either to make it so infuriating to pirate media its not worth it (thats starting to fail now, noob-friendly piracy methods have been around a while now too) or by offering a competing service.
Yes yes I’ve seen the few.. well.. crap offerings for ‘legitimate’ movie downloads. But they’ve still got so many things wrong..
We don’t pay to watch TV.. we pay for it by being subjected to almost a 50/50 mix of programming and advertising, which is acceptable to most people, and works for everyone. But i’ve never seen a legal, advertising supported, online movie store..
Not to mention I’m sure a reasonably large percentage of viewers don’t have a credit card or online payment method (which is required for all the online movie stores i’ve seen so far)
And when it comes right down to it, I’ve never seen one come close to offering the selection & variety you can find on any one of a million torrent sites.
The world changed quite a while ago now guys… Time for the fat cats to stop living in their little dream worlds, and catch up on the workings of the uncensored, uncontrolled domain of the internet. Personal choice is now a single click away, and they’re never going to win by pushing inferior products at extortionate prices.
/rant
And a big (Y) to Torrentspy, not that my IP would be in that listing, they did the right thing in protecting their users. With people like them around, the MPAA/RIAA aren’t only never going to beat piracy, they don’t even have a prayer
Piracy will live on forever, and maybe one day they’ll realize that like most things, change affects everything. You take one down and ten more pop up, same ole story day after day. MPAA can get a clue and get a life.
Keep up the incredible work as it’s a service to all of us, and hero’s like Torrentspy need to applauded for their work and effort.