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The Courts Music Your Rights Online

In UK, Oink Admin Cleared of Fraud 156

krou writes "The BBC is reporting that Alan Ellis, who ran music file sharing site Oink from his flat in the UK, has been found not guilty of conspiracy to defraud. Between 2004 and 2007, the site 'facilitated the download of 21 million music files' by allowing its some 200,000 'members to find other people on the web who were prepared to share files.' Ellis was making £18,000 a month ($34,600) from donations from users, and claimed that he had no intention of defrauding copyright holders, and said 'All I do is really like Google, to really provide a connection between people. None of the music is on my website.'" Reader Andorin recommends Torrentfreak's coverage, which includes summaries of the closing arguments.
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In UK, Oink Admin Cleared of Fraud

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  • money (Score:4, Interesting)

    by Nadaka ( 224565 ) on Friday January 15, 2010 @03:49PM (#30782862)

    The big question is...
    Now that he has been found innocent, does he get his 300k back?
    Or am I mistaken in assuming that his assets were seized?

  • by WowTIP ( 112922 ) on Friday January 15, 2010 @03:53PM (#30782930)

    I do not know exactly how oink works (worked?), but from the quote

    All I do is really like Google, to really provide a connection between people. None of the music is on my website.

    Wouldn't that make exactly the same defence valid for Pirate Bay and other torrent sites?

  • by 91degrees ( 207121 ) on Friday January 15, 2010 @04:17PM (#30783178) Journal
    "Conspiracy to defraud"

    Defrauding seems a bit of an odd charge to lay for this. It suggests that he was taking wealth from the record industry for direct personal gain.

    The money cam from subscribers. They were not making any money from the file sharing. Even if he had a website that was explicitly dedicated to getting people in contact to fence actually stolen property I'd have thought this would be hard to make stick.

    Doesn't UK law have anything along the lines of conspiracy to facilitate copyright infringement?
  • Re:tasty (Score:1, Interesting)

    by zookeeperme ( 1722156 ) on Friday January 15, 2010 @04:33PM (#30783410)
    OiNK will never return. The content is outdated, nevermind the fact that the majority of the major seeders dumped all their OiNK torrents as soon as the site went down. Alan would be starting the whole place from scratch. I, for one, can't be bothered to re-upload my library again. Been there, done that. And it's not like the IFPI is going to just forget about him now that he's been found not guilty. The simple fact is that, like you said, the waffles are tasty. The sites that have sprung up in replacement of the pink palace have surpassed what Alan had built. It would be like taking a step backwards in progress. It's really time for everyone to stop living in the past and get on with their e-lives.
  • Re:Spin (Score:4, Interesting)

    by PopeRatzo ( 965947 ) * on Friday January 15, 2010 @04:34PM (#30783436) Journal

    Hence libraries have never had the capacity to threaten the actual profitability of a book that much.

    Nobody's proven that filesharing has the "capacity to threaten the actual profitability of a book that much" either.

  • by mariushm ( 1022195 ) on Friday January 15, 2010 @04:44PM (#30783578)

    The tracker functionality can also be compared to a DNS server...

    Just query [32 char hash key].trackerdomain.com, the DNS returns the IP of one of the seeders, you connect to that IP and retrieve from that seeder a list of peers and seeders. Query same domain after a minute, you get another IP, which gives you another subset of seeders and peers and so on.

    A tracker is really the same thing with a DNS server - you let a member add host records and you keep his domain but you're not responsible for the content of the subdomains it creates.

    If someone creates a subdomain to his domain called "prodigy", it doesn't mean that person will sell or distribute Prodigy cd's or mp3 files from that subdomain, and the dns server owner doesn't have the content in his control, just like a tracker doesn't store the content of the files.

  • Re:tasty (Score:1, Interesting)

    by Anonymous Coward on Friday January 15, 2010 @06:58PM (#30785288)

    the waffles have been great but i hope this gets us back to bacon.

    WHAT'd you say?!

  • Re:tasty (Score:1, Interesting)

    by Anonymous Coward on Friday January 15, 2010 @07:09PM (#30785400)

    what?

  • Re:Spin (Score:2, Interesting)

    by cynyr ( 703126 ) on Friday January 15, 2010 @08:29PM (#30786150)
    sticking with the book idea; a list of things to make money on that are not the physical book
    1) Movie rights
    2) Signed physical copies
    3) Posters, action figures, scarves, etc.
    4) Speaking events.
    5) something else i didn't think of in the last 3 minutes.

    so no the [e]Book need not be your only source of income. see mike masnicks CWF+RTB stuff for more examples.
  • Re:Spin (Score:3, Interesting)

    by Cederic ( 9623 ) on Saturday January 16, 2010 @07:41AM (#30789356) Journal

    I thought the windmill metaphor was an excellent one.

    I also disagree with your contention that pirates live off the rest of us. You don't pay any more as a result of someone else not paying. You already pay as much as the content producers think they can gouge out of you, and far more than the product is actually worth because its price is artificially inflated through corrupt legislation.

    Or perhaps you think that someone should be earning millions a year for a piece of work they did 45 years ago, and that it's criminal to expect them to actually do some more work if they want to earn more money. Me, I find myself short on sympathy.

We are each entitled to our own opinion, but no one is entitled to his own facts. -- Patrick Moynihan

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