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Prince, Village People to Sue The Pirate Bay

Posted by Soulskill on Sun Feb 17, 2008 05:38 PM
from the artist-formerly-known-as-arrrr dept.
castrox writes to tell us that The Pirate Bay's legal concerns are continuing to grow. Prince and the Village People are planning to sue the popular torrent site with the help of the Web Sheriff law firm. John Giacobbi of Web Sheriff has also asked Swedish band ABBA to join the cause. The suit is seeking "millions of dollars" in damages, although it's still uncertain to whom the charges will be directed. The likely targets are the four Pirate Bay founders who were indicted a few weeks ago on charges of breaking copyright law. Prince has taken investigative action against The Pirate Bay in the past.
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[+] News: The Pirate Bay Facing "Old Fashioned" Pressure 415 comments
Jety writes "Ars Technica has an article reporting that The Pirate Bay is facing legal pressure from a new front. A wealthy musician with a track record for going head-to-head with record labels and little kids is now joining the queue to take a legal swing at TPB. What I find particularly interesting about this article is the description of the 'camera-toting investigators following [The Pirate Bay admins] around in cars marked with Danish plates.' One TPB admin asks, '"What do they think they can find out by following us around? Everything we do is digital.'"
[+] Four Indicted in Pirate Bay Case 709 comments
paulraps writes "Suddenly the founders of the Pirate Bay are not so hearty. The four men behind the popular file-sharing site were indicted in Sweden on Thursday on charges of being accessories to breaking copyright law. And this is more than just a shot across the bows. The prosecutor reckons that they can be hooked for 'promoting other people's copyright breaches' but there will be no walking the plank: instead, they face fines of up to $200,000 and the confiscation of all their hardware. 'The Swedish prosecutor listed dozens of works that had been downloaded through The Pirate Bay site, including The Beatles' Let It Be, Robbie Williams' Intensive Care and the movie Harry Potter & The Goblet of Fire. Plaintiffs in the case include Warner, MGM, Columbia Pictures, 20th Century Fox Films, Sony BMG, Universal and EMI.'"
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  • yeah (Score:5, Funny)

    by User 956 (568564) on Sunday February 17 2008, @05:41PM (#22456602) Homepage
    Prince, Village People, ABBA to Sue The Pirate Bay: The suit is seeking "millions of dollars" in damages

    Correction: They're seeking "millions of dollars" in fabulous damages.
    • Re:yeah (Score:5, Funny)

      by WK2 (1072560) on Sunday February 17 2008, @06:30PM (#22456996) Homepage
      Why must we scream at each other? Why can't we all just get along? Let's all go to the YMCA!!
      • YMCA (Score:5, Funny)

        by asifyoucare (302582) on Sunday February 17 2008, @08:34PM (#22457842)
        Those wacky Village People seem to love the Y, but they never eat there.

        What gives?

        • Re:yeah (Score:5, Funny)

          by Anonymous Coward on Sunday February 17 2008, @07:44PM (#22457510)
          I'm assuming that the reason for the lawsuit is that ThePirateBay refuses to waste their space linking to torrents of Prince, the Village People and Abba when no-one wants it...
    • Young man! (Score:5, Funny)

      by DigitAl56K (805623) on Sunday February 17 2008, @06:35PM (#22457022)
      Young man, I was once in your shoes,
      I said, I was.. downloading torrent files too,
      But it's stealing, and there is licensing due,
      So you've got.. to.. know.. this.. one thing:

      DUN DUN DUN DUNNUN

      It's fun to sue with the D.M.C.A.,
      It's fun to sue with the D.M.C.A.,
      They have everything there for lawyers to enjoy,
      Ain't no safe harbor for Pirate Bay, boys!

      P.S. Sorry, I had to.. :)
      • by tverbeek (457094) on Sunday February 17 2008, @07:44PM (#22457512) Homepage
        Y Won't U Pay?
      • by WhiteWolf (95535) on Sunday February 17 2008, @08:41PM (#22457870)
        Apparently I need to get in on the lawsuit action:

        http://yro.slashdot.org/comments.pl?sid=220588&cid=17886098 [slashdot.org]

        "I feel a SONG coming on!"

        Old Man, there's no need to feel down
        I said Old Man, pick your feet off the ground
        I said Old Man, there's a new law in town
        Lawsuits can make you feel happy

        Old Man, here's what you must do
        I said Old Man, do what your lawyer says to
        You can sue them, and I'm sure that you'll find
        They won't violate your copyright!

        It's fun to sue with the D-M-C-A!
        It's fun to sue with the D-M-C-A!

        It has everything you need to sue
        You can even screw YouTube!

        It's fun to sue with the D-M-C-A!
        It's fun to sue with the D-M-C-A!

        You can take down the vids,
        You can enforce your rights
        It's all within your sights!
        :-D
        • by DigitAl56K (805623) on Sunday February 17 2008, @10:53PM (#22458660)
          How dare you parody this a year earlier than me? I claim fair use of your fair use! Hah! I'll never take it down! (No seriously, this website has no delete button... ;))
    • by flyingsquid (813711) on Sunday February 17 2008, @07:53PM (#22457570)
      I know a way out of this. The Pirate Bay just has to change their name from "The Pirate Bay" to some weird and completely unintelligible symbol that nobody knows how to say. How can the lawyers sue them if they can't even say their name?
      • Re:I have a plan (Score:5, Informative)

        by Saint Fnordius (456567) on Monday February 18 2008, @03:41AM (#22460550) Homepage Journal
        You have hit upon the irony here, that Prince actually changed his name (and back again) because of draconian trademark and copy rights. He tried to fight "the Man", and now is convinced that every copy has equal value. Every unauthorised copy that exists on a hard drive or in the flash ROM, whether it's your home computer or an iPod, means one less CD sold to him. Yes, he does seem to believe the hype that each copy means a lost sale.

        But in the end, it doesn't surprise me. After all, his fight has always been not about money but control. If it weren't for performance rights being protected, he would have been successful in preventing Tom Jones and Art Of Noise from recording "Kiss". Thus it is only logical that he would hate file sharing, a medium that he cannot control.
        • Prince, the Village People, and ABBA are not the most torrented artists on TPB right now. They're old and the people who know enough about computers to torrent don't care enough about them to download. This is more of a "I'M STILL AROUND PAY ATTENTION TO ME" move, just like Janet Jackson's wardrobe "malfunction."
          • by RespekMyAthorati (798091) on Monday February 18 2008, @01:19AM (#22459750)
            However, calling this kind of behavior "theft" is not new terminology.

            I remember when I was kid (40 years ago), people who sneaked onto trains, buses, ski lifts, etc. without a ticket could be convicted of "theft of service". In fact, in law, "theft" just means obtaining something illegally, regardless of whether you are depriving someone else of it. What you are calling "theft" (i.e. taking something away from someone else) is actually called "larceny". See http://en.wikipedia.org/wiki/Theft [wikipedia.org].

            It's like the term "assault": in common usage, it means "to strike someone". But in legal jargon, that's called "battery", while "assault" just means to threaten.
                  • by dave1791 (315728) on Monday February 18 2008, @06:21AM (#22461360)
                    An artist can choose his distribution model. If he wants to freely distribute it and make his money on concerts, the can go with a creative commons license and be done with it. If he chooses a different scheme, that is his choice. As the creator, he has the freedom of choice and it is not our right to dictate to him how he goes about it. If we don't like his terms, we can simple not listen to his music. Nobody has put a gun to our heads and forced us to listen to Purple Rain.

                    Disclaimer - I too dislike the RIAA and MPAA. I too loathe DRM. I too torrent - specifically "Avatar" season episodes for my Kids that are no available in the country I'm in. I also feel that people should be compensated for their work and when I can finally order the season 3 compilation on DVD, I will. A lot of this moral posturing of Pirate Bay and its supporters is simply a cover for "I'm a cheap bastard and don't want to pay for my entertainment".
  • Civil vs. Criminal (Score:5, Interesting)

    by Nemilar (173603) on Sunday February 17 2008, @05:43PM (#22456628) Homepage
    I know that in the US, there's a very big difference between the civil courts and the criminal courts. While it seems that under Swedish law, the hosting of torrent files doesn't appear to be a crime, does anyone know if they have the same sort of distinctions between civil and criminal courts? Could they be found innocent in criminal court, yet still be forced to pay thousands/millions of damages in civil court?
    • by Anonymous Coward on Sunday February 17 2008, @05:51PM (#22456718)
      Shrug. They don't have thousands/millions to pay - the pirate bay is NOT profitmaking, it only takes a few nerds to keep it going. Any "victory" over the pirate bay would be merely symbolic - and probably pyrrhic, translating into increased support for the (unaffiliated with the Pirate Bay, but obviously sympathetic) Pirate Party, which is a surprisingly powerful political force in Europe at this stage (and the more the USA fights it, the more powerful it gets, thanks to strong anti-US sentiment in Europe due to the USA's assholery). It's not like the site itself can even be shut down by legal action due to its distributed nature, and even if it was, it's not like it's the only bittorrent tracker site.

        • by nbert (785663) on Sunday February 17 2008, @06:27PM (#22456984) Homepage Journal
          Wikipedia [wikipedia.org] is your friend. However, as the section "political impact" explains, their archivements are of rather symbolic nature as of now (the English wiki is slightly outdated, but there are no landslide victories to report anyways).

          Even though they are at a very early (and sometimes chaotic) stage I like to compare them to the green movement in Europe. In the early 80's many green parties formed in various countries because none of the existing parties served the aims of environmentalists. Nowadays they are well represented (check seats in the EU parliament) and their biggest enemies are the other parties picking up their cause. I'd love to see a similar development for all the pirate parties (especially regarding privacy).
      • by Anonymous Coward on Sunday February 17 2008, @06:17PM (#22456912)
        Partially right. There is a civil law section of the law (which I call a formal distinction), but there are no special courts or anything like that.

        The bigger difference though, is that Swedish law has no concept of using fines as a form of punishment in it self, just as compensation for losses or emotional/physical suffering.

        Since a business entity can't claim to be "hurt" TPB can only be made to reimburse the losses suffered through their actions, and these losses has to be substantiated.
  • by calebt3 (1098475) on Sunday February 17 2008, @05:43PM (#22456632)
    Darth Vader: Your powers are weak, old man.
    Obi-Wan: You can't win, Darth. If you strike me down, I shall become more powerful than you could possibly imagine.
  • by mickwd (196449) on Sunday February 17 2008, @05:44PM (#22456642)
    ...I hope someone sues the Village People for the damage they've done to popular music :-P
  • Pointless (Score:4, Insightful)

    by fintler (140604) <.fintler. .at. .gmail.com.> on Sunday February 17 2008, @05:46PM (#22456654) Homepage
    Don't they realize this is pointless? Even if they "win", they just give more media attention to torrent sites in general. Say the pirate bay goes down (and I don't think it will) everyone will just start going to a place like mininova, or one of the other hundred popular torrent sites.
  • by RichPowers (998637) on Sunday February 17 2008, @05:47PM (#22456666)
    Not because they'll be charged with illegal file sharing, but because it will go on record that they in fact downloaded music by The Village People. Revealing that to the world should be enough punishment. :)
  • Dear Prince (Score:4, Insightful)

    by Anonymous Coward on Sunday February 17 2008, @05:49PM (#22456692)
    Dear Prince,

    I imagine you don't sell many records these days and receive little royalties. But that has less likely to do with piracy and more to do with the fact that you haven't been relevant in the music world in over 15 years. My 17 year old daughter probably has heard of you, but then, she's heard of the battle of hastings, too. The same is true of ABBA, but even more so.

    As for the village people, they were a comedy/novelty act. They had 3 hits, which were basically the same song, but delving into other aspects of man/man sex and it's various cliched incarnations in society. How much longer did you think that would be making money?

    Somebody like Jay-Z might have a point do this, but he's actually making music that people listen to.

    Mr. Prince, my little prince. Is is possible the record companies have put you up to this? I thought you split from the RIAA a couple years ago?

  • by Simon (S2) (600188) on Sunday February 17 2008, @05:50PM (#22456696) Homepage
    ... The Pirate Bay in the past. With a really hilarious response from TPB:
    White Stripes / WEB SHERIFF: email [thepiratebay.org] our response [thepiratebay.org] 2nd mail and response [thepiratebay.org] our fax (invoice) [thepiratebay.org] 3rd mail [thepiratebay.org] attached document [thepiratebay.org] We tell Faxxsheriff about our new site [thepiratebay.org] 4th mail [thepiratebay.org] our response [thepiratebay.org].
  • Has beens... (Score:4, Insightful)

    by lordsid (629982) on Sunday February 17 2008, @05:50PM (#22456698)
    These has beens should be glad people are still pirating their music.
  • Web hotels? (Score:5, Interesting)

    by SmallFurryCreature (593017) on Sunday February 17 2008, @05:53PM (#22456732) Journal

    I totally agree. Weve said for years that web hotels who are making millions, even billions, by renting out web space to file-sharing websites should take more responsibility and control these websites, Giacobbi said.

    What the? This firm is called web sherrif, you would think they would have a slightly better grasp of the terms of the trade. It makes me almost instantly classify this suit as totally without merit and just a case of some stupid musicians being conned by a lawyer who smells a fat check (and not coming from the direction the musicians think).

    Claims of millions of whatever currency are already laughable enough, does this guy really think that thepiratebay its isp or in fact anyone even remotely connected to P2P makes billions? Does he even understand how much money that is wether you measure it in dollars, euro's or kronen?

  • It's a civil case. (Score:5, Insightful)

    by DragonTHC (208439) <DragonNO@SPAMgamerslastwill.com> on Sunday February 17 2008, @05:54PM (#22456744) Homepage Journal
    It will be interesting to see if artists et al can actually collect on this case. Since I don't believe tpb is actually violating swedish law.
  • by Idaho (12907) on Sunday February 17 2008, @05:59PM (#22456772)
    Seriously, they're sending in this clueless company "Web Sherrif"?

    I'm sure thepiratebay is getting scared [thepiratebay.org] now - see the links about halfway on that page to read the fine letters mailed between "the white stripes/Web sherrif" and thepiratebay admins.
  • by castrox (630511) <IdKHqeANG3HLCTTeNO@SPAMspambox.us> on Sunday February 17 2008, @06:02PM (#22456786)
    The really interesting thing is that all these artists are old-timers whose glory days are long gone. All their work was produced (mostly) way back.

    This really brings out the real trouble with the system. Somehow music is a perpetual machine in terms of money making. Now, I get that if someone uses your songs in order to MAKE MONEY, then they should give some back to you (since you're alive), since your work is obviously making money.

    But going after file sharers just seems rather absurd to me especially since the artists considered haven't produced anything new in quite a while and so just wants free lunch. It DOES seem very greedy to me.

    I mean.. Get to work like everybody else?
  • Sue for what? (Score:5, Insightful)

    by Jugalator (259273) on Sunday February 17 2008, @06:02PM (#22456794) Journal

    Million dollar damages sought for illegal file sharing
    Huh? TPB isn't sharing any copyrighted files? Not even indirectly, like an ISP does.

    They can at most sue them for some sort of grey area "contributory copyright infringement"...
  • Prince sue? (Score:5, Interesting)

    by Wowsers (1151731) on Sunday February 17 2008, @06:02PM (#22456798) Journal
    Will Prince sue over his "Planet Earth" album he gave away for free in the Daily Mail [dailymail.co.uk] 'newspaper'?
  • Prince? (Score:5, Funny)

    by j235 (734628) on Sunday February 17 2008, @06:04PM (#22456816)
    You mean the artist formerly known as the artist formerly known as prince?
  • by gerbouille (663639) on Sunday February 17 2008, @06:06PM (#22456824) Homepage
    Why only Web Sheriff? Why not Web Indian and Web Construction Worker, too?
  • by NewsWatcher (450241) on Sunday February 17 2008, @06:07PM (#22456834)
    Suing a torrent site for copyright infringement is something akin to suing a map-maker because a thief used the information to find a bank that was robbed (and yes, I know that with copyright infringement nothing is physically stolen), or suing a telephone company because two criminals used the network to plan a heist.

    If all someone is doing is using information from a torrent site to find another party, and is not actively connecting the two copyright infringers Napster-style, then surely they can defend the accusations.

    • by Dogtanian (588974) on Sunday February 17 2008, @06:26PM (#22456968) Homepage
      *puts on Official "Playing Devil's(?) Advocate" horns*

      Suing a torrent site for copyright infringement is something akin to suing a map-maker because a thief used the information to find a bank that was robbed (and yes, I know that with copyright infringement nothing is physically stolen), or suing a telephone company because two criminals used the network to plan a heist.
      No, it's more like suing a map-maker when they produce a map that was specifically designed for (or with the intention that) it would be used for bank-robbing and similar activities, and included details pertinent to that activity.
  • by Whuffo (1043790) on Sunday February 17 2008, @06:12PM (#22456864) Journal
    These has-been artists are using the legal system to prop up their declining income. Their sales are almost zero due to their "one or two hits many years ago" history; they've received as much money as their products would produce already.

    They're hoping for a big payday - but once the lawyers get paid there won't be anything left. The lawyers are just using these people to support another attack against their customers.

    A message for Prince, ABBA, and the Village People: your race has been run, get used to sitting in the sun. If you need more money, consider picking up trash and recycling the aluminum cans...

  • by blind biker (1066130) on Sunday February 17 2008, @06:15PM (#22456888) Journal
    I don't know exactly why, but the above sentence is full of all kinds of funny.
  • by L. J. Beauregard (111334) on Sunday February 17 2008, @06:19PM (#22456932)
    ...people are actually bothering to pirate works by Prince, the Village People and ABBA.
  • Established acts (Score:5, Insightful)

    by MrKaos (858439) on Sunday February 17 2008, @06:41PM (#22457080) Journal
    It's interesting to note that it's established acts that seem to take this course of action against digital distribution and newer acts use it to distribute their music. I think it's interesting because distributing music via these emerging channels represent a lower barrier of entry into the market for new bands and a, somewhat obvious, challenge to the status quo for established acts (and the management structures that surrounds them).

    I don't see this as bands vs. the pirate bay, but as old distribution model vs. new distribution model. The new music business model is emerging and trying to mold itself to what consumers, who use the internet, want. The old business model swats down the new business model where ever it emerges and will attempt to change laws and the very nature of the internet to do it.

    The by-product of the music industries attempts to do this have two consequences if allowed to continue. 1) Banal crappy sounding music with very little originality and fewer bands (and they are made to an accountants recipe of what sells) and more seriously 2) The ability for business to innovate better business models using the internet will be hampered by the legal framework left over from the music industries legal maneuvering.

    How do acts like Prince and The Village People know that their music isn't reaching a new audience *because* of places like the pirate bay? As a whole I think because the music industry is not prepared/able to adapt (it lacks the imagination) eventually it will be replaced, hopefully soon, and that their main fear is that the artists themselves will be able to have a direct relationship with the people who want to listen to their music and yield an income from that direct relationship.

  • by The Real Nem (793299) on Sunday February 17 2008, @06:48PM (#22457122) Homepage

    I thought for a minute there that the Prince of Sweden had teamed up with a random Swedish village to sue The Pirate Bay.

    My train of thought went from anger at the demeaning and archaic reference to the Swedish populous as "village people", to puzzlement about what possible copyrights the prince and villagers could hold in common, to loss of what little respect I have left for those groups.

  • by fahrbot-bot (874524) on Sunday February 17 2008, @07:24PM (#22457372)
    Prince, The Village People and ABBA are suing because people are NOT downloading them enough. Prince tried making a statement on the issue, but no one could understand him and the The Village People got tired trying to spell out the message. A spokesperson for ABBA said the group would comment after they all finished get new blond highlights in their hair.
  • by trims (10010) on Sunday February 17 2008, @08:19PM (#22457742) Homepage

    I'll leave out the silliness of suing TPB for contributory copyright infringement, as I'm pretty sure we all agree that this isn't sane.

    However, looking at the comments above, I see a horrible pattern: people excoriating ABBA, Prince, and TVP as "old timers" and "not producing anything recently" and therefore somehow immediately irrelevant and undeserving of receiving some compensation for their work.

    Now, I realize that /. is heavily 20-somethings (which means, you weren't conscious before about 1990), but I think enough of us here are a bit older that we can recognize that music produced in the 80s and (gasp) even the 70s might still have some worth. Now, the 95+ year copyright is a bit ludicrous, but even ABBA and TVP's songs are still in their mid-30s as to date from creation. And Prince's stuff is a rather young 25 at the oldest. I think it's entirely reasonable that someone have the ability to own a copyright for 25 years. TPB may not be (rationally) responsible, but the people filesharing ABBA haven't got a legal, moral, or ethical leg to stand on.

    And, to shove something back at this audience that it often trumpets: teenieboppers aren't the only music consumers! If the music industry is to survive, it has to realize that continuing to sell to 30/40/50 year olds is a viable market. And, let's face it, much of that market is interested in nostalgia. I certainly haven't finished filling out my collection of favorites from the 70s. So, (gasp) there should still be substantial value in selling music a couple of decades old to 30+ people.

    So, the attitude of "what have you done for me lately" is bullshit. Nirvana hasn't produced anything in 15 years. They don't (i.e. can't) make money from touring. Does that mean I can pirate their stuff with impunity, since obviously, Kurt doesn't need any of the royalties.

    It's attitudes like that that mean we're not taken seriously.

    Moderate copyright, rigorously enforced, is a boon to society. Our problem is that copyright is approaching a perpetuity. The reaction to that may be widespread piracy, but let's not kid ourselves that we're somehow "better" than the opposition. Rioting for change is still rioting, even if you manage to get something changed. Vote with your dollars, as its by far the best way (ethically, morally, and socially) to effect change - support those artists willing to embrace new business models, and shun those who prop up the old channels.

    One last thing. Here's a question for everyone:

    Under the current copyright system, if an artist (formerly popular), who hasn't produced anything in a decade or more, and won't (or can't) tour, decides to make their catalog available digitally (as MP3, at some reasonable X per song), yet absolutely abhors filesharing, and sues everyone they can which shares their songs, asking for several thousand dollars (mostly as a deterent) per song in penalties, would you support them?

    -Erik

    • by pv2b (231846) on Monday February 18 2008, @12:47AM (#22459540)
      I beg to differ. The attitude of "what have you done for me lately" isn't bullshit.

      In most lines of work, you do your work that you're paid to do, get your paycheck and that's all the compensation you'll ever get or should get. You don't expect to be paid throughout the endurance of said work. Imagine turning up at a former place of work in say 10 years and telling them, "hey, I see you're still using that data center I designed for you 10 years ago, give me more money", you'd be laughed out of there.

      Now, the current model of selling music recordings doesn't quite work like that. You record your music, then you sell it hoping to get some or all of that money back. Even make a profit if you're lucky.

      Finally, just because there's a market for nostalgia doesn't mean that copyrights should automatically span so that artists can cash in on it. What you'd call nostalgia, I'd call history, or cultural heritage, and should not be locked up to be only sold on the whim of the copyright holder.

      I guess the difference between us is not one of principle, but of degree. You want something like 25 years. I want something closer to 5 years, and to make clear that copyright protection preventing duplication should only cover *commercial* duplication of said work. Older works are valuable, yes. That's precisely why commercial distribution of such works shouldn't be bottled up longer than neccessary. 5 years is plenty of time to have a monopoly on a work, to have an opportunity to turn a profit on it.
    • by Dogtanian (588974) on Sunday February 17 2008, @06:41PM (#22457078) Homepage

      Oh noes, the Pirate Bay is getting sued by the gheyz!
      Eh, you do realise that ABBA was made up of two pairs of couples (who were either engaged, married or divorced at the time the group was active)?

      Anyway, it should be noted that this guy has *tried* to involve ABBA in this. I don't see anything indicating that they have even responded yet, let alone confirmed their agreement with him. I suspect that he wins either way (even if they don't get involved, having their name connected still gets him more attention).

      Potential basis of ABBA legal action against the Pirate Bay: "I've been cheated by you since I don't know when" (thrown out due to vagueness surrounding the dates of the alleged infringments).