The Pirate Bay To Sue Entertainment Companies For Attacks

from the could-get-interesting dept

Well, this could get interesting. Following the leak of MediaDefender's emails, the folks behind The Pirate Bay now believe they have enough evidence to sue many major entertainment firms for "infrastructural sabotage, denial of service attacks, hacking and spamming." Basically, there's evidence in the emails that a bunch of firms, including Universal, EMI, Sony, Paramount and others were using MediaDefender to try to mess with The Pirate Bay's system. Whether or not the lawsuit actually goes anywhere may depend on a lot of factors (including Swedish laws, which I am totally unfamiliar with). There may be some questions about how the emails in question were obtained. And, of course, the entertainment companies will likely counter that they were just trying to protect their own materials -- which could find a sympathetic ear in a courtroom. Either way it would be quite a lawsuit.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
    identicon
    StarFleet Command, Sep 21st, 2007 @ 8:28pm

    Pirate bay suiing attackers

    Ha! This is great! Put others on the defensive for a while...meanwhile, I have to go...i have some TV shows I wanna download. And at the risk of seeming /. 1st post???

     

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  2.  
    identicon
    PeopleGeek, Sep 21st, 2007 @ 8:38pm

    Pirate Bay

    Arrrgh!!!
    Fire at will Matey.

     

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  3.  
    identicon
    ScaredOfTheMan, Sep 21st, 2007 @ 8:42pm

    These guy have Big b@lls!

    They do more to piss off the entertainment industry than anyone else. You would think after being raided and arrested they would throw in the towel... not these guys... Its almost comical how now one can stop them now, and they went from defense to offense!

     

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  4.  
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    glitch, Sep 21st, 2007 @ 9:06pm

    the end doesnt justify the means

    the entertainment industries, contrary to their belief, are not above the law[s]. where is the confusion ??

    "infrastructural sabotage, denial of service attacks, hacking and spamming."

    there are no "except.."

     

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  5.  
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    matt, Sep 21st, 2007 @ 9:11pm

    its 50/50 on the case

    I support the case on the moral side, DDOS attacks are illegal.

    That part of the evidence is easy. Proving the IP's are attached to the companies involved is also very easy. So don't assume they need to use the mediadefender emails to prove anything at this point :) All they have to do is identify the IP's that were registered and the original registrants, and I sincerely hope the media companies changed the identities since then! specifically because in doing so it proves more illegality, since there are records kept when domain name changes are made.

    Easy legal case done and done!

     

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  6.  
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    Anonymous Coward, Sep 21st, 2007 @ 9:41pm

    I'm getting out the popcorn for this one. And I'm cheering for the pirates.
    Pirates of the Internet: At Law's End.

     

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  7.  
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    GoblinJuice, Sep 21st, 2007 @ 9:52pm

    Isn't this a bit like calling the cops when the guy you try to buy pot from robs you?

     

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  8.  
    identicon
    TriZz, Sep 21st, 2007 @ 10:01pm

    Re: @ GoblinJuice

    ...your comment is epic. You win the "greatest comment of the day in the entire blogosphere" award. Congrats to you, good sir.

     

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  9.  
    identicon
    Shun, Sep 21st, 2007 @ 10:11pm

    Easy way out

    I can see the companies taking the easy way out and blame the ddos attacks on...other pirates. Say that group spreading the zombie worm. "Gee, it wasn't our fault. We just had a bunch of unpatched Win98 machines hooked up to the net, and next thing you know, they were attacking Pirate Bay. Go figure."

    It works for defendants of RIAA lawsuits. Why shouldn't it work for MediaDefender?

     

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  10.  
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    Captain Hack Sparrow, Sep 21st, 2007 @ 10:44pm

    Re:

    I sense a trilogy.

     

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  11.  
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    Anonymous Coward, Sep 21st, 2007 @ 11:49pm

    If the Swedish legal system...

    is anywhere near as corrupt as the US version then this will never get anywhere. First the Swedish police will refuse to raid the companies involved to preserve evidence or bring criminal charges. Then some judge will throw out any lawsuit. IF Sweden is like the US that is.

     

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  12.  
    identicon
    Anonymous Coward, Sep 21st, 2007 @ 11:59pm

    Re:

    Isn't this a bit like calling the cops when the guy you try to buy pot from robs you?
    Maybe, if you're talking about a shop in Amsterdam where buying pot is legal. But even your analogy seems to assume that US laws apply worldwide and they don't. Not yet anyway. The Pirate Bay is legal there so why shouldn't they call the cops?

     

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  13.  
    identicon
    Anonymous Coward, Sep 22nd, 2007 @ 12:01am

    Re: Easy way out

    Hey, Sony can just blame it on one of their own rootkits!

     

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  14.  
    identicon
    Pumpsie Green, Sep 22nd, 2007 @ 12:18am

    Re: Re:

    IF the Pirate Bay is doing business legally AND they prevail in this lawsuit, they will have then proven that they are liable in the previous actions against them. Probably not the best tact for them, although I understand why they fire back.
    Pumpsie

     

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  15.  
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    Anonymous Coward, Sep 22nd, 2007 @ 12:27am

    Re: Re: Re:

    IF the Pirate Bay is doing business legally AND they prevail in this lawsuit, they will have then proven that they are liable in the previous actions against them.

    Huh? You need to explain that one.

     

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  16.  
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    Monarch, Sep 22nd, 2007 @ 4:53am

    Re: Re: Re:by Pumpsie Green

    Yeah, please explain.., I seem to be in the dark here. And, I usually catch all the news on Pirate Bay. This is entertainment at it's best! Now if only The Pirate Bay would create a reality TV show about their adventures.

     

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  17.  
    identicon
    Anonymous Coward, Sep 22nd, 2007 @ 5:08am

    Maybe I missunderstand this but I believe it goes something like this.
    First a small cartel of companies rip off the artists for their content.
    Then this cartel bribes legislators making them sole distributor of the content.
    Then the pirates rip off the first set of thieves by making the content freely available to the world.
    Now the pirates are going to sue the thieves for interfering with their delivery system.

    This is going to be a hoot!

     

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  18.  
    identicon
    Anonymous Coward, Sep 22nd, 2007 @ 6:30am

    i think Michael Douglas should star as the webmaster of Pirate Bay, Jack Nicholson as the ring leader of the "cartel" and Kevin Spacey as the almost desitute laywer who defends Pirate Bay from this evil "cartel". Throw in a cameo from the creater of Napster and get M. Bay to direct! Should bring in millions or dollars of revenue and I can sit at home and download the dvdrip and soak in the irony of it all.
    God I love internet.

     

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  19.  
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    Problem Child, Sep 22nd, 2007 @ 8:52am

    hahahah

    Break one law to uphold another? interesting. Hack to kill piracy. Sympatheic ear? I should shoot everyone near my yard to prevent buglary too. lol.

     

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  20.  
    identicon
    Captian Fred, Sep 22nd, 2007 @ 9:23am

    Pirate Bay

    Make those scalliwags walk the plank...

     

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  21.  
    identicon
    Anonymous Coward, Sep 22nd, 2007 @ 9:33am

    Re: Re: Easy way out

    Well depending on who's fault that who rootkit thing is I would not be surprised if Sony tried to use that defense.

     

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  22.  
    identicon
    Mike is Stretching, Sep 22nd, 2007 @ 10:14am

    Link doesn't match your statement

    Mike quote,

    "The Pirate Bay now believe they have enough evidence to sue many major entertainment firms for "infrastructural sabotage, denial of service attacks, hacking and spamming."

    When I look at the link, all it says is the Pirate Bay reported these alleged incidents to the police. No mention of a lawsuit.

    I really doubt that a lawsuit would follow because the Pirate Bay would open itself up to discovery from all the firms mentioned in the link.

    This looks pretty much like a publicity stunt.

    Mike your analysis about the whether the emails and how they were obtained and whether they would end up admissible in court is more interesting.

     

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  23.  
    identicon
    Dr. Klahn, Sep 22nd, 2007 @ 10:51am

    Toss of the coin

    Isn't this a bit like calling the cops when the guy you try to buy pot from robs you?

    That actually was done locally by one of Our Best and Brightest. The transcript of the complaint call to the PD was just a stitch.

    This, I think, is more along the lines of Bill Cosby's "Toss of the Coin." "Cap'n Pirates, this here's Cap'n Establishment. Call the toss, Cap'n Establishment ... OK, Establishment called heads, it's tails, what will you do, Pirates? ... Cap'n Pirates say you boys got to get down ready to hike the ball like usual while their entire team sneaks up from behind and kicks y'all inna nuts."

     

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  24.  
    identicon
    Legal mumbo, Sep 22nd, 2007 @ 11:27am

    Jumbo,

    In Swedish law it does not matter how the evidence was obtained. There are no provisions set aside to disallow "illegally obtained evidence". It is up to the judge presiding over the case to weigh up the evidence from both sides. There are exceptions however where medical staff are involved.

    And it wont make ThePirateBay liable for all previous suits as in Swedish law there is nothing illegal about meerly linking to unauthorized materials. The trackers present on thepiratebay merely link to the files located on their users computers.

    What IS illegal however is getting someone to cause real damage to services offered by hacking and DDoSing. thepiratebay believes that it has enough evidence to win. It is only going after companies with representation in Sweden, because unlike **IA and gang it doesn't make up laws and use illegal tactics. The use of these emails in court will be fine as they were not the ones that illegally obtained them, they were using them after they had been released.

    Its about time someone showed these record companies that its not ok for them to just ignore/make up the law, and they are not above it.

     

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  25.  
    identicon
    Legal mumbo (same as above), Sep 22nd, 2007 @ 11:30am

    Re: Jumbo,

    As far as I know they are also not suing the companies, they have filed criminal complaints, reporting the incidents to the Swedish police.

    I may be wrong on this however, but it is all the Blog post from them seems to show.

     

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  26.  
    identicon
    yx, Sep 22nd, 2007 @ 2:17pm

    It is not the first time the pirate movement have filed charges against the 'right protectors'. The prosecutor didn't take it up then, and don't hold your breath that they will this time either.

    Of course, if it is flagrant enough then it actually might happen, though I personally believe it won't, because of pressure from the upper echelons of prosecutors. Those seems to follow the wishes of MAFIAA in whatever they want :(

     

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  27.  
    identicon
    jb, Sep 22nd, 2007 @ 2:38pm

    Re:

    But in this case, the pot is legal, so your usual correctness does not apply.

     

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  28.  
    identicon
    LaGTaLiTy, Sep 22nd, 2007 @ 4:14pm

    Arr!

    The Pirates will never surrender, keep handing over your booty, major entertainment firms!

     

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  29.  
    identicon
    B, Sep 22nd, 2007 @ 7:16pm

    Yar

    Yes, I doubt a lawsuit will ensue, but we'll see.

     

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  30.  
    identicon
    Anonymous Coward, Sep 23rd, 2007 @ 1:31am

    The Pirate Bay does not host any copyrighted content on their servers/sites. They are doing nothing illegal, in their country.

    The 'Entertainment' companies were trying to hack, sabotage and DDoS their servers. That is illegal in the majority of countries. So it would appear that the MAFIAA is about to loose this one.

    This will be awesome for sure!

     

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  31.  
    identicon
    Alexander, Sep 23rd, 2007 @ 4:33am

    Nothing will happen.

    I think it's quite likely that nothing will happen from this.

    Remember the catalyst behind the raid against PB before, basically our legal system being in the pocket of strong financial interests from another country?

    We've even had representatives here "educating" our police in the matter, apparently leaning on them and telling them what to do as well.

    Doesn't that give you a warm fuzzy feeling?

     

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  32.  
    identicon
    Rick, Sep 23rd, 2007 @ 6:40am

    Lawyers win everytime

    Do you guys really think this will help Pirate Bay? The only ones that win lawsuits are the lawyers. The media companies have more lawyers than they have media. Lawyers to sue others, lawyers to defend from others... before it's all over, Pirate Bay will drown in legal fees from the years long battle.

     

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  33.  
    identicon
    All I can say is..., Sep 23rd, 2007 @ 7:39am

    OWNED!

     

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  34.  
    identicon
    Legal Mumbo, Sep 23rd, 2007 @ 8:59am

    Re: Nothing will happen.

    And the backlash from it was immense. Politicians only care about one thing, getting back into office, everything else they do revolves around this one thing. They dont make policies because they particularly like/want that to happen or care about the things the policies do, they make them because they will be popular and get them back in.

    Judging from the outcry and just general unhappyness directed at the swedish government for being a US pawn, i dont think they want to risk it again.

     

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  35.  
    identicon
    Davkaus, Sep 23rd, 2007 @ 10:38am

    Re: Lawyers win everytime

    Rick, that is probably exactly why they are filing for criminal charges, not pursuing them in the civil court. Apparently it slipped by Mike. I urge you to always check the source.

     

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  36.  
    identicon
    RandomThoughts, Sep 23rd, 2007 @ 12:22pm

    If Pirate Bay has nothing to worry about because they don't have to conform to US law, why would other companies have to worry about conforming to Swedish law?

     

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  37.  
    icon
    Mike (profile), Sep 23rd, 2007 @ 12:57pm

    Re: Link doesn't match your statement

    When I look at the link, all it says is the Pirate Bay reported these alleged incidents to the police. No mention of a lawsuit.

    Title of the post on the Pirate Bay site: "TPB files charges against media companies"

    Hence my title. So, actually, the link does support the claim that they're planning to sue.

     

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  38.  
    identicon
    colg, Sep 23rd, 2007 @ 4:39pm

    "If Pirate Bay has nothing to worry about because they don't have to conform to US law, why would other companies have to worry about conforming to Swedish law?"

    Because they have material assets in, and do business with... Sweden.

     

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  39.  
    identicon
    Davkaus, Sep 23rd, 2007 @ 5:49pm

    Re: Re: Link doesn't match your statement

    Mike, no it doesn't. "Files charges" means that they've asked the police to investigate the allegations, not that TPB are seeking civil redress.

     

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  40.  
    identicon
    Pope Ratzo, Sep 23rd, 2007 @ 6:29pm

    God Bless The Pirate Bay

    The RIAA has been using quasi-legal methods to go after people who they target, including threats, intimidation and even posing as law enforcement officials. It's time for them to get a taste of being on the other side.

     

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  41.  
    identicon
    sharingislegal, Sep 23rd, 2007 @ 6:44pm

    GO GET EM!!!!!

    I'm rooting for you Pirate Bay. :)

     

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  42.  
    identicon
    Mike Jones! Who?, Sep 23rd, 2007 @ 10:35pm

    Re: Re:

    As it should be!

     

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  43.  
    icon
    ECA (profile), Sep 24th, 2007 @ 2:37am

    Interesting..

    1. does this fall under International LAW..
    2. there is a trick in the USA...ITs NOT the law that was broken, its the STATE you file it in..
    Something MAY not be legal IN your state, but you can FILE from a state that IT IS illegal...
    Ever wonder WHY most banking is done in Delaware?? Wilmington?? LOOK up the laws THERE...BANKING LAWS.

     

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  44.  
    identicon
    SkiONe, Sep 24th, 2007 @ 4:18am

    Re: its 50/50 on the case

    matt, I am sure they used a WebBot network to pull of the DOS attack

     

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  45.  
    identicon
    The infamous Joe, Sep 24th, 2007 @ 8:11am

    Maybe.

    Maybe the companies will say you can't prove it was them just from their IP address...

    ..you know, like the people who have been saying this whole time.

    I really hope something comes from this.

     

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  46.  
    identicon
    Legal Mumbo, Sep 24th, 2007 @ 9:46am

    Re: Maybe.

    No, the defense against the RIAA and their, at a loss for a better word, idiotic lawsuits, was that you cannot tie an INDIVIDUAL, down to a specific IP address. You can tie down the person who owns the account, maybe even the computer if its connected directly to the internet but you can not tie an individual.

    It works a little differently when its a company being charged, TPB doesnt have to prove it was an individual in that company, they meerly have to prove that it was an internal IP address from the company involved. Now this still doesnt bring enough evidence, but they think from this new leak of emails they have enough evidence in conjunction with some IP's to take these guys down a notch.

    I havent seen the golden emails but id think they would have to have some good stuff to actually file for charges.

     

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  47.  
    identicon
    Legla Mumbo, Sep 24th, 2007 @ 9:50am

    Re: Interesting..

    This does not fall under international law. This falls under Swedish law as its a Swedish company filing for charges against assets of these companies in Sweden.

     

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  48.  
    identicon
    Chris Brand, Sep 24th, 2007 @ 9:57am

    As Stewart Baker of the Department of Homeland Security said :

    "It's very important to remember that it's your intellectual property -- it's not your computer."

     

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  49.  
    identicon
    commenter., Sep 24th, 2007 @ 5:48pm

    hmmm..

    awesome!

     

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  50.  
    identicon
    Shin Rukus Z, Sep 30th, 2007 @ 11:30pm

    MediaDefender

    MediaDefender uses a range of non-invasive technological countermeasures employed on P2P networks to frustrate users’ attempts to steal/trade copyrighted content. We have a proven track record of adapting to challenges and successfully protecting our customers as new technologies and networks arise

     

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  51.  
    identicon
    ********************, May 8th, 2008 @ 4:14pm

    counter suit by Pirates Bay...

    They are by rights 'operating within legal parameters'. They are only a search engine for torrent files. They have NO control over the content of those torrents. That is controlled by the people that make the torrent file... And using things like 'rootkits' and DSA's and Massive doses of SPAM... come on! That is just childish. Screw it, just lock your movies, music or software better if you don't want it pirated and quit trying to rip off people maybe you wouldn't get cracked all the time. And start makin' good movies!!! And let the artists play the music THEY WANT TO PLAY not what you think will sell! And quit picking on folks just cause they want to preview some show or movie or some music... They wind up buying it if they like it anyway!!!

     

    reply to this | link to this | view in thread ]

  52.  
    identicon
    Dino, Jan 19th, 2009 @ 7:56am

    Re: Re: @ GoblinJuice

    Not really since Pirate Bay aren't doing anything illegal under their laws whereas selling pot is illegal. What the big companies are accused of doing is illegal.

     

    reply to this | link to this | view in thread ]

  53.  
    identicon
    HehehHAHAHAHA!!, Mar 1st, 2009 @ 3:57pm

    HaHaHAHAHAHAH!

    I'm laughing so hard right now I can barely type. This is BEAUTIFUL!!! The illegal download site suing the big companies...

    I would laugh so incredibly hard if TPB actually succeeded.

     

    reply to this | link to this | view in thread ]

  54.  
    identicon
    andrew, Mar 4th, 2009 @ 6:38am

    Re: hahahah

    Actually in Florida you will be 100% protected by the law if you kill someone while their breaking into your house ():-/

     

    reply to this | link to this | view in thread ]

  55.  
    identicon
    Occum, Mar 14th, 2009 @ 6:09pm

    Niiice

     

    reply to this | link to this | view in thread ]

  56.  
    identicon
    Occum, Mar 14th, 2009 @ 6:11pm

    Re: Niiice- My bad

    Forgot to actually put my post in.

    It seems like if The Pirate Bay was a physical senitent entity then it would probably say "Silly bitch, your weapons cannot harm me. Don't you know who the fuck I am? You must not know who the fuck i am! I'm the juggernaut bitch!"

     

    reply to this | link to this | view in thread ]

  57.  
    identicon
    Sean, Mar 17th, 2009 @ 4:51am

    Re: Re: hahahah

    I think that's legal in any states... it's a castle law... you can not be expected to retreat from your place of residence so you're allowed more leeway with excessive force... just don't shoot them in the back ;)

     

    reply to this | link to this | view in thread ]

  58.  
    identicon
    Tim Vim, Mar 26th, 2010 @ 4:13am

    Re: Anonymous Coward

    THE INTERNET IS NOT A BIG TRUCK!

     

    reply to this | link to this | view in thread ]


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