Swedish Court Gets One Right: Won't Shut Down OpenBitTorrent

from the about-time dept

With the movie industry's lawyers recently demanding that ISP Portlane shut down the OpenBitTorrent tracker, claiming (without any evidence) that it was just a rebranded version of The Pirate Bay's tracker, it seemed possible that the Swedish courts would roll over again. However, in a bit of a surprise, the court has pointed out that it's a big stretch to hold the ISP liable without more evidence, and has refused to order the shutdown of OpenBitTorrent. Nice to see that the courts don't always just accept what the movie industry says without further examination.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
    identicon
    Anonymous Coward, Dec 2nd, 2009 @ 8:37pm

    Just a tool

    A tracker is just a tool. You don't see RIAA, MPAA, and others suing DVD Rom makers for supplying a tool.

     

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

  2.  
    icon
    ChadBroChill (profile), Dec 2nd, 2009 @ 8:45pm

    Re: Just a tool

    also, the **IA are tools

    is that irony?

     

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

  3.  
    identicon
    Anonymous Coward, Dec 2nd, 2009 @ 8:53pm

    Re: Just a tool

    A tracker is a tool, the first and required step in the process of violating copyright.

     

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

  4.  
    icon
    DaveTheLibraryGeek (profile), Dec 2nd, 2009 @ 9:05pm

    Re: Re: Just a tool

    A tracker is a tool, the first and required step in the process of violating copyright.

    or

    A photocopier is a tool, the first and required step in the process of violating copyright.

    or

    A VCR is a tool, the first and required step in the process of violating copyright.

    or

    A cassette recorder is a tool, the first and required step in the process of violating copyright.

    or

    A floppy disk is a tool, the first and required step in the process of violating copyright.


    I seem to see a flaw in your logic, but I'll be damned if I can pinpoint where...

     

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

  5.  
    identicon
    Anonymous Coward, Dec 2nd, 2009 @ 9:08pm

    The first step is creating content that could be pirated. Therefore, the **IA are guilty of supporting infringement and should be shut down.

     

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

  6.  
    identicon
    Anonymous Coward, Dec 2nd, 2009 @ 9:08pm

    Re: Re: Just a tool

    Just like a person is the first and required existence to commit a crime.

    I know, let's kill all the people!

     

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

  7.  
    identicon
    Paul`, Dec 2nd, 2009 @ 9:11pm

    Re: Re: Just a tool

    Wrong. There is at least one way I know of to use bit torrent programs without using a tracker. Also, you are assuming that the ONLY thing bit torrent trackers are used for is copyright infringement which is stupidly incorrect.

     

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

  8.  
    identicon
    Anonymous Coward, Dec 2nd, 2009 @ 9:23pm

    Re:

    If they're shut down then what would the pirates steal? By the gods, I've solved the piracy problem!

     

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

  9.  
    identicon
    Anonymous Coward, Dec 2nd, 2009 @ 9:24pm

    Re: Re: Just a tool

    "I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone." - Another Tool

     

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

  10.  
    icon
    Josh (profile), Dec 2nd, 2009 @ 10:21pm

    Re: Re:

    Why, we'll have to start stealing things like rum and booty! And possibly parrots!

     

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

  11.  
    identicon
    Anonymous Coward, Dec 2nd, 2009 @ 10:27pm

    Until Asus started using torrents to distribute their hardware drivers, it would me hours or days, sometimes not at all, to download a couple drivers from their site, now it is quick and simple, making my job more productive, as well as a savings to my customers.

     

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

  12.  
    icon
    Chargone (profile), Dec 2nd, 2009 @ 10:53pm

    Re: Re: Re:

    to be fair, the parrots are asking for it...

     

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

  13.  
    identicon
    Anonymous Coward, Dec 2nd, 2009 @ 11:42pm

    But as we know, every victory just seems to proceed 2 defeats so I wouldn't get too excited...

     

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

  14.  
    icon
    Tor (profile), Dec 2nd, 2009 @ 11:55pm

    I find it strange that the court views this in a different manner than in the Pirate Bay case where running the tracker was one of the three parts for which they were found guilty.

    I hope someone will post the court's protocol. It would be interesting to see how they motivate this decision.

     

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

  15.  
    icon
    drewmerc (profile), Dec 3rd, 2009 @ 12:10am

    Re:

    this one has the word open in it
    the other had pirate

     

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

  16.  
    identicon
    Anonymous Coward, Dec 3rd, 2009 @ 7:24am

    Re: Re: Re: Just a tool

    Yawn, the same old saw, and the same old tired comments.

    The objective of a tracker? To share files. What are the vast majority of the files? pirated copies.

    Call me when you find that the vast majority of work done by the office photocopies is in pirated copies.

    Otherwise, well. you are just spewing the same old nonsense meant to cover up the reality that most torrent sites are intentionally trading stolen goods.

     

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

  17.  
    identicon
    Anonymous Coward, Dec 3rd, 2009 @ 8:17am

    Re: Re: Re: Re: Just a tool

    "The objective of a tracker? To share files. What are the vast majority of the files? pirated copies."

    A tracker knows not whether a file is copyrighted or not. A knife was designed to be used as a tool to cut meat. It is also the weapon of choice for many murderers. Are we to lock up all the knife makers of the world?

     

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

  18.  
    identicon
    theorangebox, Dec 4th, 2009 @ 4:19am

    mafiaa

    Fuck the RIAA, and the MPAA

     

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

  19.  
    identicon
    Anonymous Coward, Dec 4th, 2009 @ 7:31am

    Re: Re: Just a tool

    you know there as been copyright violations long before bit torrent and the internet ,right?

     

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


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