Crackdown on BT Users in Hong Kong 229
griffinn writes "100 BitTorrent users in Hong Kong are about to receive legal threats from the MPIA (Hong Kong's equivalent of the MPAA), BusinessWeek reports. The users were randomly selected from more than 6000 IP addresses collected by investigators. Customs officials are also following through on their previous arrest of a 38-year-old man who allegedly uploaded three movies." From the article: "If convicted, the suspect faces up to four years in prison and a fine of 50,000 Hong Kong dollars ($6,400) for every illegal copy."
I'm Spartacus! (Score:5, Funny)
Re:I'm Spartacus! (Score:3, Insightful)
China (Score:4, Funny)
Re:China (Score:3, Funny)
You'd expect that if there was one place in the world you could do your thing safe from persecution by corporate cartels, it would be in a communist country.
I realise that the Party in China is rather lax and generally much too soft on counterrevolutionary and imperialist elements, but this is bloody ridiculous...
truth be told . . . (Score:3, Insightful)
Re:truth be told . . . (Score:5, Insightful)
Oh please (Score:3, Insightful)
And that differs from the US-model in what way...?
US Government: Microsoft, stop that.
Microsoft: Make us!
long legal battle ensues
????
Microsoft: Profit!!!
Re:China (Score:2, Funny)
Re:China (Score:2)
Of course. The Industrial Revolution in the US was fueled by violated patents. We robbed those from around the world, knowing that they couldn't enforce them. The same thing is true currently with allofmp3.com. I'd expect that China would be much more open to wholesale piracy. They are ok with it for jeans and sunglasses, why not movies?
Maybe they can plead down... (Score:5, Funny)
Re:Maybe they can plead down... (Score:2)
Re:Maybe they can plead down... (Score:5, Insightful)
Scare tactics (Score:3, Insightful)
Re:Scare tactics (Score:2)
And the intelligent ones will go underground, untraceable. Just as they've always done.
Bloody typical (Score:5, Interesting)
You might as well run a headline "US police crack down on Drivers", leading to a report detailing the arrest of a guy who drove a getaway car in a robbery.
Sheesh.
Re:Bloody typical (Score:5, Insightful)
The real issue here, I think, is that the (presumed guilty) copyright offenders are looking at 4 years in a Chinese prison. Is that an appropriate punishment for the offense? Is that proportionate to what other offenders get under the Chinese justice system? If not, what political and financial influence was exerted to provide disproportionate protection to copyright holders... and why?
These are the rich topics for debate here, not BitTorrent per se.
Re:Bloody typical (Score:5, Interesting)
Considering that apparently every street corner in China has guys selling pirated DVDs for thier OWN PROFIT, it does seem a little disproportionate, yes.
Re:Bloody typical (Score:5, Interesting)
I think the judges still wear that stupid wig from colonial days, and vast majority of them are actually ethnicity of non-chinese last time I checked [judiciary.gov.hk]. "MORTIMER", "HOFFMANN", "Hon Sir Ivor RICHARDSON" doesn't sound Chinese to me. The official language in court is actually English, unless approved by the judge to use Cantonese.
Please, please, please, fellow slash-dotters, for once stop making sweeping statement about China, that because they're communist, they must be evil in every aspect. I'm not saying communist is better but check out how well western democratic is working for all of us. We in Canada are ruling by a party of 35% support (liberal), and soon we'll probably be ruled by a party of 30% (conservatives).
If you want to read more about politics/judicial/business corruption mess, please first check with Halliburton and Enron.
I urge all of us to read more before making judgements.
Re:Bloody typical (Score:2)
Re:Bloody typical (Score:2)
Re:Bloody typical (Score:5, Informative)
Separately, a Hong Kong movie industry trade association said it plans to send letters to 100 BitTorrent users through their Internet service providers threatening legal action unless they stop using the software.
Apparently the Hong Kong movie industry does not bother to make the distinction either and the headline ins entirely justified.
Re:Legitimate uses of BitTorrent? (Score:2)
See any linux distros on Kazaa?
If this happened in the US... (Score:5, Interesting)
It appears that their government is throwing out the baby with the bathwater. If they tried that sort of stuff in the United States, then the government would catch so much flak from people claiming this is an invasion of privacy (which it is.)
Re:If this happened in the US... (Score:2)
Even if it is silly.
This is HONG KONG!!! (Score:5, Insightful)
Re:This is HONG KONG!!! (Score:2)
Re:This is HONG KONG!!! (Score:2)
Re:This is HONG KONG!!! (Score:4, Informative)
The HK police and Customs Department have been cracking down on these vendors because of increased pressure from other governments and because many of them were linked to triads.
Also, the widespread use of BitTorrent and other P2P systems have made them increasingly redundant.
Re:This is HONG KONG!!! (Score:2)
Kind of like all those file-sharers. File sharing is a mafia, communist, Saddam, and terrorist conspiracy. Hopefully Patriot Act #2 will stop their acts of terrorism by putting the MPAA and the RIAA in control of everything.
Re:This is HONG KONG!!! (Score:2)
Because the Triads aren't getting a cut, they aren't "sponsoring" the police, and there is no reason to not raid the P2P users...
smartness (Score:5, Insightful)
aside from that, is it just BT users in general, or ones who were found to be swapping illegal content?
Re:smartness (Score:3, Funny)
Re:smartness (Score:2)
Re:smartness (Score:2)
That's still hurting them directly, when it happens. For a more concrete but non-filesharing example, if a stockbroker executes a market-sell order with an unusually wide gap between the selling price and the buying price, and pockets the difference, that's costing the seller money "that he could have made". And it's a very real loss -- one that is tolerated in small amounts, as part of the broker's ordinary compensation, but not one tha
Re:smartness (Score:2)
An unauthorized redistribution with potentially very significant damages, however, is a different kettle of fish. And damages do tend to get considered in civil suits, so they do matter.
Re:smartness (Score:3, Funny)
Meanwhile, in a HK prison...
(translated from chinese for your convenience)
"What ya guys here for?" asked a rather strong looking villain.
"I murdered ten people", said one, chewing a gum.
"I raped a girl", said another.
"I tried to steal a bank, and killed a hostage. That was my mistake."
"And you?"
(timid looking nerd guy) "I downloaded a movie with bittorrent..."
(The criminals gasp in shock and fear)
Re:smartness (Score:2)
This fellow may have been selected to serve as an example, but it's not necessarily for the benefit of the domestic audience.
Re:smartness (Score:2)
What is the difference between a thief and a person uploading a copyrighted movie to the internet? That's right there is none!
There's so much RIAA/MPAA bashing on /. about them not distinguishing between legal uses of P2P and illegal uses, but when I read stupid comments like this one I can't say I blame them. Pirating is stealing. Downloading pirated material is "small fish" stealing (and if you a
Copyright infringement =! Theft. (Score:2)
A very big difference
Despite what the MPAA has fed you about copyright infringement being theft. It is not.
If you steal a physical DVD from someone, you now posess the DVD and the rightful owner does not. Hence theft
If you copy a DVD, you now posess a copy of the DVD which the rightful owner still posesses. Hence copyright infringement
The MPAA / RIAA / MPIA etc etc should not be allowed to pl
Re:smartness (Score:2)
Copyright violation can be seen as a prevention of generation fo revenue, while theft is a removal of generated revenue.
Let's give an esample so you can better understand. If I go into a store and take a pack of cigarrettes without paying, I have committed theft. Now lets say instead I tell someone waiting in line to pay for cigs that they cause cancer and they will die if they smoke them
Re:smartness (Score:2)
There are also plenty of decent people who:
Not that I disagree with you that this is excessive, bu
Re:smartness (Score:2)
Currently, murderers can get away with less than 10 years of jail time. Rapists can get away with even less.
I take exception to your argument: Even in Fascist America, you don't get a large jail term for possession of pot, unless it's a lot of it ("intent to distribute"). In fact, I don't think you get any jail time at all, though I may be mistaken. No one goes to jail
Re:smartness (Score:2)
Completely agree with you that it is a waste of jail space.
However, I don't think any government persuing this course of action is looking to put all users in jail. They are simply looking for a way to make an example out of someone to scare the beejeezus out of the rest of the populace. I say, if one is going to try to use this tactic and be
Very sane approach (Score:5, Insightful)
Sounds a lot better than getting sued for tens of thousands of dollars...
Re:Very sane approach (Score:2)
But no of course they won't do that. They'll just toss you away and throw away t
no way!! (Score:5, Funny)
BT doesn't always mean BitTorrent (Score:4, Funny)
Re:BT doesn't always mean BitTorrent (Score:2)
Re:BT doesn't always mean BitTorrent (Score:2)
Re:BT doesn't always mean BitTorrent (Score:2)
Legal download of copyrighted material. (Score:2, Interesting)
Re:Legal download of copyrighted material. (Score:2)
Now, if you go to a website that has the rip and download it from there, I personally don't see you as a copyright violator (though the website you got it from, if they don't own the copright on the file, is one). My opinions don't mean anything, though, as I do
Re:Legal download of copyrighted material. (Score:2)
Problem is, how does a copyright holder prove that someone has uploaded as well as downloaded? BitTorrent clients can be configured into leech mode (though it's frowned upon).
The copyright holder can of course establish the proof by downloading from whoever they're targeting. But then since the copyright holder already has rights to the movie (duh), there is nothing wrong in giving a copy of the movie back to him. It's difficult to prove that the user is in
Re:Legal download of copyrighted material. (Score:2)
Not only that, but if there are other nodes available, you only provided a portion of a copyrighted work - not even the whole thing. I'm not an expert on BitTorrent, but I don't think that the data you send to a peer even has to be contiguous.
Re:Legal download of copyrighted material. (Score:2)
Re:Legal download of copyrighted material. (Score:2)
I assure you, that line of argument will not work. If the copyright holder, in an effort to root out copyright in
Re:Legal download of copyrighted material. (Score:2)
Cf. to the John Adams line in '1776': I have come to the conclusion that one useless man is called a disgrace, that two are called a law firm, and that three or more are become a congress.
Incidentally, it sounds to me like you have dangerously few lawyers working for you. You should probably retain more.
Re:Legal download of copyrighted material. (Score:2)
If this isnt a slippery slope, i dont know what is.
And you can only call your group of lawyers a firm if they all have a very *firm* set of debts owed to you. Otherwise they are more appropriately referred to as a *swarm* or as cpt kangarooski suggests a *horde*.
Frankly, if i retained additional lawyers every time a potentially opposed individual did so, I would be broke, karmicall
Re:Legal download of copyrighted material. (Score:2, Interesting)
Re:Legal download of copyrighted material. (Score:2)
The example, however, is a different issue. The answer to that one is "NO, not in the USA." This issue has been in the courts, if I remember correctly, and that is why the service that used to allow people to store and download copies of music CD's they al
Re:Legal download of copyrighted material. (Score:3, Interesting)
Re:Legal download of copyrighted material. (Score:2)
(1) The person offering it on BitTorrent is probably not authorized to distribute (or else you wouldn't be asking *shrug*) so you're risking accusations of contributory copyright infringement. The downloads don't happen by themselves, and it takes two to tango.
(2) I don't think there's a positive right to a replacement by such means. You may have the right to make a backup of your own DVD's conte
Re:Legal download of copyrighted material. (Score:3, Informative)
Yes.
For a copyrighted work, downloading it is legitimate if it is done 1) by the copyright holder, 2) with the authorization, express or implied, of the copyright holder, 3) in a manner that is not infringing pursuant to relevant law.
For example, most of the content of this web page is copyrighted, but it's pretty certainly not illegal to download it, at least not to read it.
For instance, if I own a DVD, would I be within my rights t
Rent a cop (Score:3, Insightful)
Re:Rent a cop (Score:2)
However, it's probably not considered a good idea to write a letter to your local congressman saying "The Crack Cocaine Dealers Association of America would like to make a donation of $500,000 to your noble party".
Re:Rent a cop (Score:2)
You must be new here.
Oh, and remember: legalization is exactly what the drug cartels don't want. Without a black market to skew prices, most illicit drugs would be quite inexpensive. Law enforcement for the drug cartels is like patents for software firms: a market force that is largely anti-competitive and can sometimes hit you with costly surprises (but not too often
Poor Chan (Score:5, Funny)
He should have done what everyone else does in China, just go to the local street market and buy the pirated copy.
They should also reduce the sentence due to the bad selection of movies he made (Daredevil, Red Planet, Miss Congeniality), he deserves no more than a slap on the wrist and good movie guide.
Re:Poor Chan (Score:2)
Propaganda.
Lucky Random Winner (Score:3, Insightful)
Do they get a group of murders and randomly select which one is going to have a trail, and let the rest of scott free?
Re:Lucky Random Winner (Score:2)
The industry group is under no obligation to be remotely fair in who it sues, I would think. And, if it can get a similar effect (scaring a certain fraction of the intended audience) while paying its attorneys for fewer hours on fewer defendants, it would make financial sense to do so.
Happens often actually (Score:2)
In many cases randomized samples are taken for prosecution simple because it is too difficult/expensive/etc to prosecute en-masse. When a cop pulls up behind you with his lights blaring, is it his fault that he doesn't pull over the other 2-3 vehicles near you that were also speeding? Maybe he'll have a partner or a car down the road which can catch another, but he simply can't manage to snag you all.
OK, so that's speeding tickets. Perhaps murderers are treat
Why is everything so extreme? (Score:5, Insightful)
But the question I always ask myself when I hear about the RIAA and the MPAA suing individuals is, "What good can come from this?"
And the answer is obviously, "Nothing good can come from this."
Suing customers isn't going to help. Most people who steal media do so for the fun of it. Many are just collectors who would most likely not purchase the media if they couldn't steal it.
Are the lawsuits preventing the piracy? I don't think so. I think they are just driving the piracy deeper underground.
Are the lawsuits pissing off people? Just read slashdot, of course they are.
I think corporate America's whole tack on DRM is completely out of whack. Instead of attacking perspective customers, they should be trying to win their money by providing product that is more compelling than the free copy by being less expensive and easier to get than the illegal stuff.
Instead of being control freaks, trying to control all the people in America to prevent loss of money, they should focus on improving content and find ways lower the cost of digital media distrobution to the point that stealing isn't as fun anymore. Everyone has a different "fun" threshold and for many, releasing tunes for 33 cents or 50 cents a piece would remove the fun of trying to get a decent download.
And that's my main point. Its fun to get something for practically nothing and to collect a massive music collection on the cheap. And that's why people do it, for the fun of it. If Joe P2Per has 2 million mp3s on his music server, how often does he get to hear each and every one of them? Not very often. He sticks to the songs he really likes, and I'll bet he's got those on CD, because he wants to support the bands he likes because he wants them to succeed.
I think RIAA and MPAA need to step back and re-analyze the situation. I think they're going down the wrong path and they need to stop.
Raydude
Re:Why is everything so extreme? (Score:4, Insightful)
Its obvious that stealing music is wrong.
Firstly, it's not stealing, it's copyright infringement. Unless you refer specifically to "going into a record shop and walking out with a bag full of CDs you didn't pay for".
Secondly, how is copyright infringment "obviously" wrong? What if you buy the CD and go to a few concerts on the strength of what you pirated? Is it wrong then? What if you use it purely as a "try-before-you-buy" mechanism - deleting what you don't like and buying what you do. Technically it's still piracy, but is it wrong?
And the answer is obviously, "Nothing good can come from this."
Again, how is this obvious? Two major groups of people are likely to come out of all this:
1. People get pissed off at the entire record industry and instead support independent artists and labels such as magnatune.
2. People get scared to pirate music, knowing full well that it's legally wrong and ethically dubious, and instead decide to buy their music through legitimate channels.
Slashdot and similar sites tend to be swarming with people who belong to group 1. The record industry is banking on the majority of people belonging to group 2.
You need enforcement (Score:2)
Re:Why is everything so extreme? (Score:2, Insightful)
Indeed, if you mean stealing CDs or vinyl albums. It's equally obvious that piracy is not stealing, but copyright infringement. I can't see how copyright infringement is "obviously wrong", since there are smart people who argue [tomgpalmer.com] for abolition of copyrights.
Probable cause (Score:4, Insightful)
Typically, during the course of unfouling the mess I find, there are several gigabytes of movies, music, software, and other files in directories made by various malware programs. I uninstall the software and delete the files.
Just because a movie was uploaded from a particular computer, it doesn't mean the user knew about it. It takes a person of greater expertise than is common among end users to discover the problem (even though the average user notices lower performance, that's not the same as knowing that the machine is hosting a "Spiderman 2" torrent).
If you don't know that you are doing something, you shouldn't be held accountable for it. There are various levels of "knowing" something in a legal sense: knowing of the problem, knowing the problem *could* occur, knowing with certitude, etc.
The standard (in the U.S., anyway) is that the user must know that a program is on his computer that will transfer files illegally. He doesn't have to put the software there knowingly, put the unlicensed material there, nor actively initiate the illegal transfer itself. If and only if he knows the facility for the illegal transfer exists and he fails to stop it is he liable when the transfer happens.
It's like this: suppose you have a dog that never bites anyone and has never left his yard. If someone else comes along to give your dog PCP, you aren't liable when your dog goes nuts. If you know that the dog has gotten the PCP, you are liable whether you are present when the dog goes nuts or not.
O'course, that's just the theory; you still may be stuck proving your innocence, either with a drugged-up dog or a mal-P2P-infected PC.
Re:Probable cause (Score:2)
Sometimes, its nobody's fault, not in a legal sense.
Sometimes, you just have to suck it up and move on.
That applies to you, it applies to the MPAA, it applies to the president.
There are people breaking the law, I understand that, and there are people whose warehouses are used for illegal drug trafficking without their knowledge.
Ignorance of the law is not a defence,
bt != priacy && rar != piracy (Score:2, Interesting)
i found this out when i uploaded my collection of starcraft maps to my starcraft page (rar gave me 25% better compression than zip) and i was promptly closed down.
Re:bt != priacy && rar != piracy (Score:2)
Which is what they are basically prosecuting copyright infringement as, if it's 4 years per count in Chinese prison.
BT users? (Score:2)
Oh, you mean BitTorrent.
Fuck.
Seriously.. what the hell is wrong with the world (Score:2)
IP laws, DMCA, RIAA, MPAA, levies and taxes on recordable media, jail time, huge fines???
Man we are on the slope right now.. and it seems to be near frictionless I just want to know where did this BS start and who to shoot in the face, if I go to jail who cares, I'll be bunkin with a guy who uploaded Spiderman 2.
Re:Seriously.. what the hell is wrong with the wor (Score:2)
It's not like people are going to start dying in masses if they can't get a bootleg copy of the latest spittany bheers album or Hom Tanks movie now are they?
You want to know where the BS started? It started with you, and every other file sharer out there that decided that
Cruel (Score:2, Insightful)
I have no comment.
How many uploads?? (Score:2)
I don't get it (Score:2, Interesting)
Oh, that's just EVIL... (Score:3, Insightful)
And then take away their torrent access...
Is this what they call "Chinese Torture"?
How is Bit Torrent involved? (Score:2)
Tracking BT? (Score:2)
Re:Tracking BT? (Score:3, Informative)
It should be noted that torrents offer some of the worst privacy amongst p2p applications since there is nothing preventing a person from seeing who is uploading and downloading a particular file. With the exception of registration agreements and sometimes needing to have the torrent first -- m
When I win the lottery... (Score:5, Funny)
Neat.
Instead of lotteries being a tax on the numerically challenged funnelled through the state to gambling operations, they're now becoming a direct tax for the benefit of copyright holders.
You, too can become a winner!
Ahh the wonders of old legal systems (Score:2)
an Old Chinese Proverb (?) (Score:3, Insightful)
"Death," they responded.
"And what is the penalty for rebellion?"
"Death," They replied.
The commander looked at his troops for a moment then shrugged, "Congratulations gentlemen, welcome to the rebellion."
As punishments become more and more out of line with the crime, and as the laws become more ubiquitous, eventually the population will feel obligated to protect itself from a government that has gone insane. I'm not saying that the criminalization of a civil matter will be the last straw, but each straw tossed on will start to pile up unless some sanity is restored to the system.
$6400 is cheap... (Score:3, Funny)
Considering that in the U.S., the RIAA wants you to pay $150,000 per song.
For all of the oppression done by the communist party, the RIAA still has them beat.
Re:So... this is China sucking up to US Senators? (Score:2, Informative)
Re:So... this is China sucking up to US Senators? (Score:2, Funny)
Re:So... this is China sucking up to US Senators? (Score:2, Funny)
Go ahead and admit it. You're not really interested in the torrents, are you?
Re:Pirating is not all bad (Score:2)
Indeed, Adobe and all should advertise the fact that there are comparable free programs out there!
Re:Pirating is not all bad (Score:2)
A lax stance on infringement is bad for share value, apparently.
Re:Considering... (Score:2, Insightful)
Re:Daredevil, Red Planet and Miss Congeniality (Score:2)