Australian Man Found Guilty for Hyperlinking 439
An anonymous reader writes "Major record labels are celebrating in Sydney, Australia today. It took almost two years but they've finally won a legal battle against a Queensland man and his ISP for alleged music piracy. Amazingly, Stephen Cooper didn't even have to host the alleged pirated files. All he did (allegedly) was to hyperlink to a few sites that had infringing sound recordings. His ISP didn't escape either. Even the ISP's parent company got sued. No jail time but all parties will have to pay costs."
lovely (Score:3, Funny)
Re:lovely (Score:3, Funny)
You anonymous coward.
Re:lovely (Score:3, Funny)
He's paranoid you insensitive clod.
If he was running windows (Score:5, Funny)
Re:If he was running windows (Score:5, Funny)
Re:If he was running windows (Score:4, Funny)
I had great fun, playing around with this pretty new interface. It was quite a step up from programming LogoWriter on our Apple IIGS (we had that computer for quite a while). But my tomfoolery didn't last too long, because I eventually made the computer do an illegal operation, which shut it down.
I freaked out, because I thought I had broken the law and someone was going to come arrest me. Oh Windows 95, how you let me down!
(this is just after I had gotten busted by the Man for burning down a Port-a-Potty (it was an accident, I swear), so I was a bit skittish about such things)
Re:If he was running windows (Score:3, Insightful)
I think perhaps it's time that we all put down our keyboards for a moment and took the time to consider how our user interfaces are perceived by less tech-savvy people... and after considering that, redesigned those interfaces---error messages and all---to be more friendly and actually explain what happened instead of terrorizing our users
Allegedly? (Score:5, Informative)
Re:Allegedly? (Score:2)
Last I checked, a verdict was a finding of facts on the case, ie 'The facts indicate that the accused did what they were accused of'.
It's no longer a matter of it being alleged, it has been proven and the accused convicted. Next you (the poster of the article) are going to tell me that some convicted murderer or child molester allegedly killed or molested someone.
Re:Allegedly? (Score:2)
If courts always prove someone's guilt or innocence, how do you explain the numerous guilty verdicts that are overturned on appeal to a higher court.
Re:Allegedly? (Score:2, Insightful)
Re:Allegedly? (Score:2, Informative)
Re:Allegedly? (Score:2, Insightful)
For an example of this, see the recent Washington (State) Supreme Court Ruling where they effectively created a legal meaning for innocent whereby a person who was convicted of a crime and later had that verdict thrown out must prove their innocence in
Re:Allegedly? (Score:5, Insightful)
That seems a fairly ridiculous statement to make, as it's impossible to determine it one way or the other. Even measuring the number of people subsequently found not-guilty (or acquitted) is hardly likely to be accurate.
Manta
Re:Allegedly? (Score:5, Insightful)
If he was found guilty, then the charges are proven. They are no longer alleged.
Err... the charges are proven from the court's perspective. The submitter apparently doesn't agree with the court, and so for him/her the charges are still alleged.
Re:Allegedly? (Score:5, Insightful)
In all cases, any judgement is based upon the 'evidence' at hand... in some cases not all 'evidence' is actually admitted for one reason or another as well as the occasion where irrelevant / false 'evidence' is actually admitted into the case. At best, a verdict can be considered a very educated hypothesis.
Proven implies that the judgement is made upon facts that are incontrovertible... like the fact that 1 + 1 = 2, arithmetically speaking. Since the vast majority of 'evidence' submitted to the court rarely fits this criteria, there almost always exists room (even inside the room of "without reasonable doubt") for the verdict to be flawed.
Therefore, it would still be correct to consider the crimes alleged even when a person if "found guilty" of committing them.
Re:Allegedly? (Score:3, Insightful)
Yes. No, it doesn't make much sense, but we're talking about LAW here, so let's not expect it to.
"In the same instance, what happens when a criminal gets caught red handed doing something, but because of a foulup in following procedures the criminal actually gets off. Does this mean that the criminal has been "proven" to not have committ
Re:Allegedly? (Score:3, Insightful)
Not guilty means that the prosectution failed to prove guilt beyond a reasonable doubt. Innocent means that you didn't do it. There is a lot of middle ground between "innocent" and "guilty."
Re:Allegedly? (Score:4, Insightful)
Wouldn't want THIS to happen, would we?
In other news.... (Score:5, Funny)
Re:In other news.... (Score:4, Insightful)
Re:In other news.... (Score:3, Insightful)
In a locality where doing so would be against the law.
Sigh.
Look. It's an analogy. If you want a more accurate comparison, how about linking to illegal mp3 files from a site called mp3s4free.
Pointing is analogous to linking. It's not the same.
A car is analagous to an mp3 file. It's not the same.
Stealing is analogous to copyright infringement. It's n
Re:In other news.... (Score:2)
Re:In other news.... (Score:5, Insightful)
Re:In other news.... (Score:3, Insightful)
And note the use of "stolen" vs "to be stolen".
Maybe this guy should have... (Score:2)
Re:In other news.... (Score:2, Interesting)
Re:In other news.... (Score:5, Informative)
Re:In other news.... (Score:3, Insightful)
This won't become a crime by saying to anyone how easy it is to steal it,
or even saying that you think people SHOULD steal it..
It is NOT the same as ordering someone to steal it.
Re:In other news.... (Score:5, Insightful)
What it is NOT like is the Ticketmaster decision [wired.com] in the US which ruled that a link is not copyright infringement. I don't think this ruling could stand in the US.
See, the DMCA isn't so bad (Score:2, Funny)
Re:See, the DMCA isn't so bad (Score:5, Informative)
Only if the ISP took down the site as of the first notice sent by the RIAA. Their safe harbors are only available if they play by the industries rules. The industry would probably offer such an agreement with ISPs even if it wasn't in the law. They don't want to hurt business unless they think those businesses are encouraging the "piracy". They're more interested in getting individuals to make examples of, like the college students that did little more than make search engines that didn't specifically exclude music files. This guy was an example to the rest of us that if we link to sites committing infringement the industry can and will find a legal loophole to get at us.
This is retarded... (Score:5, Insightful)
Re:This is retarded... (Score:3, Insightful)
In this case, the person knowingly and willingly put a link up and made them a willing accessory to a crime.
In the case of Google, they are unknowingly doing so, and if you point out their mistake, will quickly remove such offending links from their database to avoid getting sued.
Re:This is retarded... (Score:3, Interesting)
I imagine this would actually be easier to argue in a court than the mentioned case, now that hyperlinking to "bad" sites is a no-no.
Re:This is retarded... (Score:3, Insightful)
Well, according to this insane ruling, at least...
Re:This is retarded... (Score:2)
Re:This is retarded... (Score:5, Interesting)
Re:This is retarded... (Score:3, Interesting)
Re:This is retarded... (Score:4, Insightful)
Yes, but...
Which market is worth bending over for? Sources: GDP [cia.gov], population [cia.gov].Re: (Score:2)
Re:This is retarded... (Score:3, Insightful)
I mean come on, it's obvious what the site was intended for. The legal challenge would seem to be in proving that he knew the linked sites had infringing material, yet he posted the links anyw
Re:This is retarded... (Score:2)
I've never "pirated" music off the internet, myself, but I don't pass judgment on those who do, since I doubt that even the majority are freeloaders. However, cases like this almost make me want to start downloading music illegally and then deleting it just to irritate the record companies and make the "pirating" statistics go up. (I said "almost", for anybody who might be listening...)
Re:This is retarded... (Score:2)
Yes, this and the new proposed canadian bill of a similar nature in an earlier story are retarded.
Re:This is retarded... (Score:3, Informative)
No, there has been a bill presented to parliament for first reading that may have this unintended effect. [slashdot.org]
That's why I prefer US IP law.
The misreading above makes me wonder if you have any idea what it says?
Re:This is retarded... (Score:4, Informative)
Here's the link to the original article in yesterday's post: link to article in question [globetechnology.com]
What about Search Engines? (Score:2, Insightful)
Re:What about Search Engines? (Score:2)
Re:What about Search Engines? (Score:3, Interesting)
"we cant have nazi stuff available to our citizens... nope... history is bad".
The 'media' is going to destroy what is left of our freespeech.. Its amazing..
Next in line... (Score:4, Insightful)
Re:Next in line... (Score:3, Insightful)
I expect Tim Berners-Lee to be arrested any day now for enabling so much piracy. Along with pretty much every operator of a web proxy.
Re:Next in line... (Score:2)
Re:Next in line... (Score:2)
The difference here is intent. Very few companies intentionally provide a means for you to commit such crimes. Such means are intended for other, legitimate uses, and if a user crosses the line, the provider is g
Linking can be taken to several levels (Score:5, Interesting)
Re:Linking can be taken to several levels (Score:3, Informative)
IIRC, this is the distinction that Dutch judges have made: knowlingly linking to pirated stuff (or a site hosting or linking such stuff) constitutes an offense. Linking to Billy's Blog in a webring or on your "interesting blogs" page is not an offense, should Billy or his friends happen to post a few links to pirated MP3s. But linking to a warez site under the header "Get ur mp3s here", is.
Re:Linking can be taken to several levels (Score:2, Informative)
Though, this is a bit dated. The "Bow-tie" theory holds that the Internet is significantly less connected than once thought. Only about 30% of the web is symmetrically linked.
http://www.almaden.ibm.com/almaden/webmap_press.ht ml [ibm.com]
His crime (Score:5, Interesting)
Look at his site using the wayback machine (Score:5, Insightful)
It is pretty obvious he was acting as a filesharing hub pretty much as Napster did. This was not coincidental linking it was linking to copyright infringed material for the express pursuit of aquiring advertising revenue. He knew exactly what he was doing. No sympathy here.
Again the slashdot moral majority starts having a blabbering fit over thier rights being infringed and all that but this is a pretty simple case. He was actively using his website to encourage a very specifical criminal activity not a few coincidental links in a sea of other detail.
Re:His crime (Score:4, Funny)
Oh....I thought those plastic-wrapped pieces of ridiculously hot psuedo-meat at the 7-11 were for eating, but that never seem quite right. How do you use them? Do you unwrap the meat, and then set it on top of the car, and wait for it to melt a huge hole through?
Eh? (Score:4, Insightful)
Re:Eh? (Score:5, Insightful)
Sad really.
Tom
Re:Eh? (Score:2)
Tom
Not surprised really.... (Score:4, Interesting)
Some of the judges here have been a little slow on the uptake...the Sony mod-chipping debacle is but one example, as is the whole lack of "fair use" right for electronic works...
Was the man found guilty of linking to a list of pirated mp3s? Or did he link to a site which contained, among a lot of other things, pirated mp3s? In the case of the latter, I don't see how you can argue that he was intending for them to pirate material...
Seriously, has anybody thought about the ramification of this for free speech? The recent debacle with record companies whining about the BBC releasing those free tracks has some echoes of this...
cya, Victor
Re:Not surprised really.... (Score:2)
Sometimes I really feel like our "rights" and "freedoms" are being sold to the corporations...
Re:Not surprised really.... (Score:3, Informative)
Goto his website and have a look for yourself
http://web.archive.org/web/20031010135440/http:// w ww.mp3s4free.net/ [archive.org]
And this was what he was offering as *Popular Downloads* on his front page.
White Flag
by Dido
P.I.M.P
by 50 Cent
Me Against The Music (CDS)
by Britney Spears Ft Madonna
Baby Boy
by Beyonce ft. Sean Paul
Someday
by Nickelback
Stand Up (Radio Edit)
by Luda
Thought police .... (Score:3, Funny)
Alleged? (Score:4, Informative)
"Stephen Cooper, operator of the mp3s4free Web site, was found guilty of copyright infringement by Federal Court Justice Brian Tamberlin."
It seems to have been proven...
And what else do you expect to happen when you host a site named "mp3s4free"?
Re:Alleged? (Score:5, Insightful)
Re:Alleged? (Score:2)
Oh, I don't know, maybe a link to a lot of indy sites where you can download really good music without all the claptrap of the **AAs hanging on? How about some links to sites that provide a one-stop shop for MP3s that both independent AND **AA artist have put out there for free? You know, like an aggregator of knowledge so that I'm not searching the entire frigging web for those free MP3s so that I can sample what a band has to o
The intent is relevant. (Score:4, Insightful)
The article doesn't make clear whether it boiled down to intent. I hope that the finding was because he intended to link to the material - such a finding would protect those who inadvertantly had dodgy links (such as chat room hosts, etc...). If the finding sets a precedent that anyone hosting hyperlinks to infringing material, without intent, is a criminal, then that is a bad thing.
Some have said that this is akin to being arrested for pointing to a drug dealer. Rubbish. It's more like running a bulletin board, the sole purpose of which is for dealers to list their contact details, and available drugs.
Re:The intent is relevant. (Score:3, Insightful)
Intent is only used to measure the degree of a crime, not the crime itself. In order for linking to have been illegal itself, the
Re:The intent is relevant. (Score:3, Informative)
http://www.ecstasy.org/books/australia.html [ecstasy.org]
I think the book in question in the case of my friends was TiHKAL, as noted here:
http://www.answers.com/topic/censorship-in-austral ia [answers.com]
It was pretty random as to whether your copy would slip through customs.
Re:The intent is relevant. (Score:3, Informative)
IANAL, but a case might be made for aiding and abetting [findlaw.com]. Presumably, the Aussie judge felt something similar applied to this case.
Of course, the question in my mind is why the litigants didn't let this guy keep going for a while, and use his site as a list of targets to sue; get him as an acessory AFTER you have all of the other cases. I guess filing costs would be too high, probably.
Even with this, it's not clear
Teach a man to fish (Score:5, Interesting)
Search for "Filetype:torrent example album"
Now what i have just done is give people the skill to find their own files and commit copyright infringement or of course search for legal downloads.
What i have just done is far far worse than a guy linking to a few warez sites.
Show a man a download link and he will download one file , Teach him to use google and he can warez himself for life
Re:Teach a man to fish (Score:3, Funny)
Could be worse: this guy could have linked to Google :)
Re:Teach a man to fish (Score:3, Funny)
Connections to Grokster (Score:2)
Intent
Cases for p2p were won originally because they only had the ability to allow users to infringe upon copyrights, but the programs were not themselves, infringing. What got Grokster is that the intent behind the entire program was to trade infringing material. And that's how they have ruled this link site.
What's stupid is that even the ISP is being punished for it. Like everyone else h
Re:Connections to Grokster (Score:2)
Legal precedent in an American court has nothing to do with that of Aussie courts.
Re:Connections to Grokster (Score:2)
Whether for or against what America decides as 'right' in the IP wars, we've been (most likely) the biggest fighter in the world for these kinds of cases. We have set a reference point in a way for the War of Copyright.
WTF! (Score:2, Interesting)
I'm pretty sure they would have a hard time proving that the site was illegal at the TIME of posting.
I mean even if the linked text was suspicious, he could have argued that the text of the link was changed AFTER the linking occurred.
Anyone know the statute of limitation on illegal hyperlinking?
God needs to implement HTML tags in life so we can pull a </DUMB PEOPLE> and rid the
Sounds right to me (Score:2, Insightful)
What if I create a web site called www.stolencreditcardnumbers.com, and using DHTML or PHP, list credit card numbers from some other source (a cracked bank site say, or someone who has a bunch of stolen numbers), shouldn't I face some kind of penalty fo
Your terms are wrong... (Score:2, Informative)
Comment removed (Score:4, Insightful)
Consult a lawyer before each breath (Score:5, Interesting)
Never tell anyone that there are drug dealers in the park down the street, even for their own safety.
You had also better never report a crime to authorities. That is also providing information on how to locate illegal activity.
Someone should print out the web address of a stolen copyrighted work that's freely available online, go into a court house in Australia, and stick it to a bulletin board. Then they should sue the government for hosting that information, citing this case as precedent.
Aussies challenge US for the lead (Score:2)
Wow, it's so nice not to be the assbag country of the world for a change, even if it's just one small area. We can point to at least one country with more over-reaching and gestapoesque copyright rules than we have. Thanks you guys!
Is the problem linking or intention? (Score:4, Insightful)
I'm not saying it should be illegal, but this is clearly different from either a) automated searching (like google) or b) linking to a site which happens to also contain pirated material.
Should it be illegal to tell people "Hey, you want some pirated stuff? He has it, that guy over there!". I'm not sure, but that is what this case rests on.
why is the ISP responsible? (Score:2)
What about other sites... (Score:5, Interesting)
What about links to legitimate news sites that happen to run a story on "how easy it is to steal an oldsmobile with a screwdriver" only to see the theft rate of oldsmobiles increaseed sharply in the next 5 days after the article? That happened to my parents some time ago. Now I'd bet a small amount of money that the person who stole their car saw how to do it (in some great detail I might add) on the news. Shouldn't the news station be responsible for that?
The fact that this happened in Australia comforts me slightly, but only slightly. I'm waiting for some RIAA executive to put a bug in a congressman's ear about the same type of thing here. The part that really scares me is things like that can become law easily by tailing it onto the back of some sure-to-pass appropriations bill or other popular piece of legislature....
Which leads me to a slightly offtopic but (IMO) a completely legitimate idea:
Congress should pass a law prohibiting bills from coattail-riding on other unrelated bills. If its important enough to pass a law about, its important enough to deserve its own vote.
Ok, rant over. *whew*
Re:What about other sites... (Score:3, Insightful)
Unless you draw and quarter a major company's CEO with information you found on such a site, the politicians and courts really won't care about it. This is about money, not any moral 'right'.
It is called: Contributory infringement (Score:5, Informative)
The US courts had long ago ruled that contributory infringement applies to copyrights. It is no surprise, therefore, that Oz courts accepted the same legal theory.
Contributory infringement for copyright is a court-created theory. It was never passed as a law. The law does refer to contributory infringement of patents, and court decided it should be applied to copyright violation as well.
You may be guilty of contributory infringement if two tests hold:
1. Specifity: the information you provide must be specific, and detailed enough to enable the reciever of the information to make and infinging copy of a copyrighted work.
2. Intent: you provide the information with an intent to promote copyright violation.
Disclaimer: IANAL
mp3s4free uh (Score:2)
While normally I would jump on the bandwagon and shout how it would be very wrong to find someone convicted guilty for linking to copyrighted files(hell, even Google would be guilty of that), I find it more than logical a site which is so obviously hosting links to (copyrighted) works, to get convicted.
Imo, the Grokster case in the US, set a nice, and imo fair, precedent.
Payment (Score:2)
-
Potential chilling effect on journalism? (Score:2)
And based on this precedent, it wouldn't be far-fetched for her to lose.
Everyone has to constantly monitor links now? (Score:3, Interesting)
What if someone links to a site, and later on that site puts up something illegal? Does this mean that I have to monitor my links daily to see whether they're suddenly doing something illegal?
Alternatively, can I get my "referers" in trouble now by posting up mp3s? Ridiculous.
Have we already forgotten (Score:3, Interesting)
http://www.theregister.co.uk/2002/07/04/2600_with
If you're a hacker magazine, you can't even describe how people can find DeCSS via search engines.
But if you're a professor trying to make a point, you can host DeCSS itself. ahref=http://www-2.cs.cmu.edu/~dst/DeCSS/Gallery/ [slashdot.org]
Re:Australian Man Found Guilty for Hyperlinking (Score:3, Funny)
Re:yawn (Score:2)
Re:yawn (Score:2)
Re:So..... (Score:3, Interesting)
So no, Google isn't going to be sued. Why attempt to sue when they can afford decent legal defence?
ThePirateBay.org (Score:3, Informative)
But is it legal to link to it from Australia? Or from Denmark for that matter! Maybe I should hide. Or blame Slashdot for autolinking URLs.