Dirty Tricks: Anti-Piracy Group Caught Planting Evidence In Usenet Case

from the that-doesn't-seem-right dept

TorrentFreak has some disturbing news coming out of the legal fight in the Netherlands between anti-piracy group BREIN and Usenet community provider FTD. Apparently BREIN had somewhere around 15 “investigators” acting as FTD members — and they may be using the actions of at least one to prove their legal point. FTD has argued, reasonably, that its members are not uploading content, but merely pointing out where it is available. BREIN argued, in response, that it was often the same users who would upload and point it out. Their evidence? A user who uploaded and pointed out the same movie. The problem? The guy who did that… works for BREIN. That sounds like planting evidence, a tactic law enforcement is sometimes seen to employ — but BREIN is a private organization. Apparently, BRIEN is so closely tied to Dutch law enforcement that they seem to think they’re part of it — even going so far as to copy some law enforcement abuses.

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Companies: brein, ftd

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Comments on “Dirty Tricks: Anti-Piracy Group Caught Planting Evidence In Usenet Case”

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21 Comments
Anonymous Coward says:

Re: Wait, what?

The accusation that that BREIN plants evidence (assuming they did) because it is a technique it learned from close association with corrupt law enforcement is a familiar Masnick ruse to promote controversy and publicity.

He would never make such a bold and unsubstantiated accusation about an American police force because in that case he might actually have to face some consequences.

mike allen (profile) says:

one thing bothers me Mike are you saying it is perfectly OK for police and courts to plant evedence??
the question also needs to be asked did the law firm get distribution rights rhen offer a free download on a P2P service in which there should be no case to answear as they legally gave it away. I the law firm did not have distribution rights then they are as guilty as hell themselves and should be in the dock.

Mike Masnick (profile) says:

Re: Re:

one thing bothers me Mike are you saying it is perfectly OK for police and courts to plant evedence??

Oh, no way. I most certainly was not saying that at all. I was just noting that the issue of “planting evidence” is almost universally reserved for law enforcement, so I’m not sure how it’s dealt with concerning private entities.

Anonymous Coward says:

Re: Re:

actually, a commenter had it right. If the firm that put the content up had the rights to do so, then there is NO case. The BRIEN has the rights to place it on the internet, and therefore, all downloaders of that particular file had a legit download, because the uploader had the rights to place it on the internet.

That’s not necessarily how the law works. All it takes is for an industry-friendly judge to make one of those famous Alice-In-Wonderland judgments that it was legal for BRIEN to put it up but at the same time illegal for people to download it. I suspect that is what will actually happen.

Welcome to the real legal system.

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