US Lawyers Target Swedish Pirate, and His Unicorn 181
Chaonici writes "When a Swedish citizen identified as Ryan heard about US movie studio Liberty Media's plan to get copyright infringers to confess and voluntarily pay up, he couldn't stop himself from sending them a
satirical email promising that he will pay 'from the pot of gold I got at the leprechaun at the end of the rainbow', regardless of scathing criticism of the studio from his unicorn. However, despite his location, the jesting nature of the email, and his insistence that he has never downloaded anything for which the studio is suing, Liberty Media's lawyers have taken the 'confession' seriously, and have issued a subpoena to Google for personal information related to Ryan's Gmail account. In a phone call, the legal team affirmed their determination to 'hunt him down, all the way to Sweden if need be.'"
Wise-ass (Score:1)
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Re: How to - Wise-ass (Score:2)
The way to torment those guys is to make and use the email account from a couple of public hotspots such as a free hotel lobby, public library, or other dead end location. Then NEVER log into the account again from anywhere. Let them dig, trace, stake out, monitor, and spend their resources. What they spend tilting at windmills is up to them.
Even better is to get one of the scammers to relay it for you as part of scambaiting. Maybe the studios can get some of the Internet cafe's shut down in Lagos.
Re:Wise-ass (Score:5, Interesting)
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I'm a Swede, but I think it's as much un-Swedish as it is un-. Thepirateby enables people to "steal", as much as the most well known forums for stolen things creates an underground market.
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Re:Wise-ass (Score:5, Insightful)
No one stole anything through pirate bay, they may have committed copyright infringement, but that is an entirely different thing.
As a side note, the postal office enables people to send drugs and bombs to each other, they are still not held accountable, despite they knowingly do this. The "enabling" part is a faulty argument. However, they did definitely knowingly host links to the files, and did not act when made aware of such files; that is a proper argument that you can build on and probably argue in a court.
Re:Wise-ass (Score:5, Interesting)
No one stole anything through pirate bay, they may have committed copyright infringement, but that is an entirely different thing.
Not even that. The Pirate Bay is charged with "assisting copyright infringement of 24 albums, 9 movies and 4 games", nothing more, nothing less. According to the Swedish constitution that's the only thing that should be taken in consideration by the court. Anything else they may have done except assisting copyright infringement of those specified 24 albums, 9 movies and 4 games is completely off-topic in the trial. Also, all fines and damages compensation are required to be in line with proven losses and it's against the constitution to use general deterrence, to make examples of specific deviants.
One thing we learned during the TPB trial and the debates of the new surveillance laws (FRA, IPRED, datalagringsdirektivet) is that the Swedish constitution isn't enforced at all. We have a "constitution deputation" but what they say are only to be regarded as "recommendations" and weighted with the opinions of other deputations. Previously this wasn't a problem because courts and law makers have pretty much followed the constitution anyway but the last few years it has become clear that we desperately need a constitutional court with full veto.
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Though even that is a faulty argument as the prosecution do not actually have anyone who performed the crime which these people have allegedly been assisting to perform.
Very true.
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If you read what I said, you actually agree with me... ;)
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But then, so does people calling copyright infringement theft...
I bet if people stop referring to copyright infringement as theft then the people who correct them when they do will stop too.
Next up, Tehcyder criticises the police for investigating a murder as "They only do that every single fucking time there's a murder"
so basically (Score:2)
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Yeah. The email is pretty retarded and childish.
But, being in Sweden I can't see the company being able to do SFA to the kid.
Re:Wise-ass (Score:5, Interesting)
Confessions without proof are not valid in Sweden (you cannot for example do plea-bargains in the Swedish court system). It is well known that people make up confessions; for example the Swedish police has received the confessions of over a 100 people, who all confessed murdering the former prime minister Olof Palme. Confessions are only counted (but only marginally so) if there is also technical evidence and / or witnesses.
The point is, if they trace the guys IP, it is doubtful that the Swedish court would grant a request to reveal the identity behind the IP address, you need to have at-least some bit of concrete technical evidence (e.g. logs identifying him in a bit-torrent swarm) to do that.
Re:Wise-ass (Score:5, Insightful)
Well, that'll teach him...
Not really... it's unlikely that they can prove anything with his gmail account...
:)
And the case will never hold in Sweden...
The news here is that some US judge signed a subpoena based on that email... Some might argue that such as judge is somewhat stupid... To put it mildly...
Re:Wise-ass (Score:4, Interesting)
The news here is that some US judge signed a subpoena based on that email... Some might argue that such as judge is somewhat stupid... To put it mildly... :)
Look at it this way:
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The news here is that some US judge signed a subpoena based on that email... Some might argue that such as judge is somewhat stupid... To put it mildly... :)
Look at it this way:
Such a judge must also be frequently checking to make sure his refrigerator is running.
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Re:Wise-ass (Score:5, Insightful)
My first question, if I were this guy's lawyer, would be, "Do you believe this man shared files based solely upon his email?"
If the answer is "Yes", then I would say, "That would indicate that you also believe he owns unicorns, talks to leprechauns with pots of gold at the end of rainbows based upon your same assumptions."
If the answer was "No", then I would ask, "Then what are we doing here?"
Make them look as stupid as possible.
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Can you explain that for us, please?
Certainly, easily done. I claimed that I was in Sweden, yet here I am. The letter's statement is a lie. It also stated I would pay with the pot of gold I procurred from my leprechaun. The letter's statement is a lie. It also stated that my unicorn gave the company scathing criticisms. The letter's statement is a lie. It is, therefore, reasonable to assume the entire letter was a lie, including the bit where it stated that I confessed to sharing files.
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True.I was on a jury once and a guy got pulled over for having a few beers in him. His BAC wasn't high enough to warrant immediate guilt so it went to us, the jury. His friend came in from out of state to help him move and they had had a few beers at the bar. The friend went to the witness stand as a defense witness to give testimony. The exchange between the attorney, witness, and judge went sort of like this:
Attorney: And why did you travel all this way to see Mr. Smith.
Witness: He had just graduated and
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This is really a non-story. Dip ship antagonizes lawyers and provides confession to feed them. Idiot is amazed lawyers pursue.
I think the story is that the justice system is sufficiently wrongheaded as to allow them to.
Well, really the problem is that we have the best justice money can buy. We give the court all these powers to issue subpoenas and force people to defend themselves against unproven allegations and the thing we seem to forget is that forcing the accused to defend himself itself is orders of magnitude greater punishment than that of the alleged harm, so that even if you win, you lose -- and therefore that simply by c
Sweden is not a state of USA (Score:2)
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Aaron Barr had an ulterior motive for confronting Anonymous and we all know how that turned out.
First, kill all the laywers (Score:2)
Do lawyers come up with with the stupidest things and portray themselves as educated idiots because of the lack of oxygen caused by too-tight neckties, or is it some other reason?
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Here's their train of thoughts:
How dare some insignificant worm mock us fancy, bigshot corporate lawyers? That peasant should know his place! Something has to be done to show the cattle who's boss!
Re:First, kill all the laywers (Score:5, Insightful)
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Re:First, kill all the laywers (Score:4, Interesting)
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And how is this different from the USA? If you can't afford to pay your lawyer long enough to win the case then you'll still go broke. If you don't have a lawyer chances are you make some legal fumbles that make you lose when you could have won.
Sweden: loser pays, USA: loser and winner both pay (Score:2)
And how is this different from the USA? If you can't afford to pay your lawyer long enough to win the case then you'll still go broke. If you don't have a lawyer chances are you make some legal fumbles that make you lose when you could have won.
At the risk of stating the obvious, this is different from the USA, because in the USA if you are sued by a big company and you then hire a lawyer and your lawyer wins the case for you, you still lose because you still have to pay for your lawyer, even though the company's suit had no merit. In the USA, someone with deep pockets can bankrupt you by filing suits against you even if they know they will lose. That's the threat they use to extort settlements from innocent defendents. In Sweden, the company w
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In the USA if you win you can request that the loser pay for your fees. It's not automatic, but it's common.
Re:First, kill all the laywers (Score:5, Interesting)
Exactly. Here in the EU, they would actually have to have a valid case before anything will happen. You can't go around suing people like in the US without a strong case to take it to trial. This is a major reason why the US courts are jam-full of frivolous and baseless cases today. The problem is, they often go to trial before there is any real evidence of a crime.
This is exactly why I prefer a letter-of-the-law system like we have in Finland. There is little or no "interpretation". Laws are enforced as written and laws are written so that the average educated adult can understand them without hiring a lawyer to "interpret" them.
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This is exactly why I prefer a letter-of-the-law system like we have in Finland. There is little or no "interpretation". Laws are enforced as written and laws are written so that the average educated adult can understand them without hiring a lawyer to "interpret" them.
Unfortunately, you have to know Finnish.
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Sadly the Pirate Bay case proves that this doesn't hold true in Sweden any more. Apparently you can loose a trial just because important Americans think you should, no matter what the law says.
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Here's their train of thoughts: How dare some insignificant worm mock us fancy, bigshot corporate lawyers? That peasant should know his place! Something has to be done to show the cattle who's boss!
Of maybe bigshot lawyers are thinking, "yippee, here's a way to generate 10 billable hours!". The letter is quite obviously satirical. Even if the person were in the jurisdiction required, his "confession" would be laughed out of court.
Re:Sweden is not a state of USA (Score:4, Funny)
Note to self: when pulling a similar stunt, claim to be from a fake country, like Lavatruria, Pays-Bonguebongue, or Belgium [zapatopi.net].
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Re:Sweden is not a state of USA (Score:5, Insightful)
The lawyers forget that Sweden is not a state of USA./quote>
Here in Europe we are not sure about that anymore.
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The lawyers forget that Sweden is not a state of USA. The kid is safe while the lawyers make an ass of them selves. Sweden has its own laws :) They might aswell try to sue /dev/null
It isn't. Which means he almost certainly won't defend himself, and will be ordered to pay up.
I can't see him paying up, and for one person and $1000 it's hardly worth going to the trouble they did with the Pirate Bay people. But - and IANAL - I wonder if this would pose a problem at immigration if he ever chooses to visit the US? Of course, he may take the view "why on Earth would I ever want to visit the US?" but the US lawyers don't know that.
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Kittens mewl. Robots might squeak, rattle, hum, or whatever but mewling strikes me as distinctly un-robotlike.
:)
Perhaps a white hat grammar nazi can settle this.
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I regard everyone who has visited the US on tourism or business in the past 6 years (I've drawn the line at the day biometric information is collected at immigration points for your particular country) as a traitor to freedom and, poignantly, anti-American.
Why not go back to when they introduced passports? I don't see he big difference between having to have an official identity document to visit a country, and their taking your fucking fingerprints.
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Yeah just asked the guys at piratebay or julian assange, Sweden is completely not a state of the USA. OF course not. Sweden would never roll on to its back and wag its tail like the little bitch she is... :P
yeah im norwegian :D
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Im a Swede and wondering more and more if i should just pack it up and leave for Norway.
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The lawyers forget that Sweden is not a state of USA
Is that even relevant to them?
1) They still get paid right?
2) The US laws apply if the silly swedish guy (and his unicorn) ever ends up in the US territory[1]. So there is still an effect. Go ask Dmitry Sklyarov.
[1] You don't even have to be "rendered". You could be flying to/from Canada and stuff happens and your plane has to land in USA (this has happened to someone I know - the US immigration bunch even asked him stupid questions like why he didn't have a valid US visa - he wasn't intending to go to the
meanwhile in sweden (Score:1)
the US lawyer problem can only be solved with shotguns. making lawsuits and money out nothing
Moranic. Of the company paying the lawyers. (Score:1)
First, I would like to say that this is a clear case of the cloud being the wrong place to store your data. Especially if the cloud-based service is located in the USA. From the (2nd) article:
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and you don't expect the lawyers to start asking for personal data because of trolling. (I'm going to shoot that president, and the vice-president of the United States with my ak47.)
The idea that a single off-the-cuff comment is hardly going to lead to all sorts of trouble coming down on you is an interesting view to take, however ITYF it's not shared [dailymail.co.uk] by the majority [chicagobreakingnews.com] of those [wired.com] in positions of authority [reuters.com].
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savagely beaten with the PWN-stick
The correct terminology in this situation is "getting v&"
haaa ha ha (Score:2, Insightful)
PWNED. OK, this is so funny :)
No, really, I can't stop LOLing, it's insane.
What??? You have never seen a fool teasing a dog or something else he shouldn't have and then being bitten by it?
Come oooooon, this is exactly like that.
Holy Hooves, Batman! (Score:5, Funny)
Re:Holy Hooves, Batman! (Score:4, Funny)
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Unicorns? Who cares about the Unicorns? There are vicious little Irish leprechauns hording pots of gold in Sweden and this Ryan fellow knows how to catch one! Christ with the price of Gold I'm planning a we little trip to Sweden to beat this secret out of Ryan.
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So, Michael (?) Ryan, Boss of the much-maligned country-airport-to-rural-airport airline "Ryan Air", has found out how to milk leprechauns for their gold.
I'm not sure if I should be worried or excited.
Does unicorn shit work for fuelling airplanes?
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That was a moose.
Re:About to be sacked (Score:4, Funny)
Don't be silly, have you ever seen a moose wearing a dress?
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Every night in my dreams!
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>> Don't be silly, have you ever seen a moose wearing a dress?
You've obviously never been to one of Great-Aunt Edna's bridge parties.
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have you ever seen a moose wearing a dress?
Do you Republicans have to bring up Sarah Palin on every single story?
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They have UNICORNS in Sweden?!
Yeah, and we ride them listening to Erasure.
http://games.adultswim.com/robot-unicorn-attack-twitchy-online-game.html [adultswim.com]
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Or Snoopy Poopy Poop Dog or the enema man.
Re:Holy Hooves, Batman! (Score:4, Funny)
They have UNICORNS in Sweden?!
and virgins!
Oh wait, Julian was there ...
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You probably just used the wrong form of its/it's or their/they're/there. Please double check, before I have an aneurysm
Offtopic, but you've probably never heard of Neutral Possessive. "it's", as in "The tidal wave and it's destruction were watched throughout the world". Now I know you're saying that this does not exist in the English language, but language is open source and dynamic. Any opinion against this rule change is bigoted against inanimate objects. Or in the case of the tidal wave, animated objects without cognitive abilities; or taken further, water based disaster events not named by a scientific body such as a hu
I bet the lawyers simply figure this will... (Score:1)
Crap (Score:5, Funny)
So, BitTorrent users, have you downloaded any Liberty Media movies? If so the company says it is time to hand yourselves in. From 8th February for 14 days, the kind folk at Liberty are offering an amnesty.
I have downloaded a lot of porn. A lot. I'm fairly certain that I may have represented a few percentage points of the entire bandwidth used by porn in a single day.
That being said, I have no idea if I downloaded anything from Liberty Media. In the interests of providing amnesty I think it would behoove them to put up a public website with examples of their copyrighted works. Not the whole things of course, but just small groups of shots. Perhaps the ones that made the most money for them, those being the ones most likely to be pirated.
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I have downloaded a lot of porn. A lot. I'm fairly certain that I may have represented a few percentage points of the entire bandwidth used by porn in a single day.
Ha, that's nothing. I once downloaded all the porn on the internet in one day. Mind you, this was back in 1970 and it fit on a floppy disc.
they really don't have any real gigs.. (Score:2)
these law guys certainly could use some real gigs. that's one problem, law firms being so bad that they get dependant on one trolling client with POTENTIAL income flow some time later. it worked so well for the other law firms..
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and it seems to me that liberty media focuses more on relicensing media instead of creating it? so if I rent a movie from somewhere can I start sending subpoenas to people who downloaded that movie?
Not much of a story (Score:2)
Lawyers might just think the kid is from Sweden, hoping he's an American lying about his physical whereabouts to prevent them from even asking questions.
In any event, if they just throw the first sentence of that confession in front of a judge:
"I have been sharing a whole load of your files... on every torrent site like Purena, Empornium, Kickasstorrents etc"
And it'd be at the very least enough to cause an American major headaches.
Assuming the kid really does live in Sweden though, American courts don't hav
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Assuming the kid really does live in Sweden though, American courts don't have jurisdiction.
Not necessarily. A court may be able to exercise long-arm jurisdiction under the "minimum contacts [wikipedia.org]" rule--when Ryan went out of his way to make contact with Liberty Media, his actions were clearly directed to the forum state (wherever Liberty Media is based). As such, he may have subjected himself to that state's jurisdiction, at least with regard to this matter (this definitely wouldn't be enough to subject him to general jurisdiction, that is, he couldn't be sued for just anything in that state).'
Jurisd
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He may well be sued in a US court, and they may even win; but what does it matter, so long as he's in Sweden? Any verdict would be unenforceable.
New gmail account + Tor (Score:1)
Don't be stupid folks. If you're gonna do stuff like this,
a) have a common version of a Linux Live-CD running
b) use Tor for all access.
c) setup a new gmail account.
d) Let the unicorn speak to anyone you like using that gmail account over Tor **always**
If you slip even once and forget Tor or use your normal OS - even under Tor - you may be discovered.
Re:New gmail account + Tor (Score:5, Informative)
AutomapHostsOnResolve 1
TransPort 9040
DNSPort 5300
to torrc, and then:
sudo iptables -A OUTPUT -t nat -p tcp ! -d 127.0.0.1 -m owner ! --uid-owner tor -j REDIRECT --to-ports 9040
sudo iptables -A OUTPUT -t nat -p udp -m udp --dport 53 -m owner ! --uid-owner tor -j REDIRECT --to-ports 5300
sudo iptables -A OUTPUT -t filter ! -d 127.0.0.1 -m owner ! --uid-owner tor -j DROP
and then just add 127.0.0.1 as nameserver in
Re:New gmail account + Tor (Score:4, Informative)
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Don't be stupid folks. If you're gonna do stuff like this,
a) have a common version of a Linux Live-CD running
b) use Tor for all access.
c) setup a new gmail account.
d) Let the unicorn speak to anyone you like using that gmail account over Tor **always**
If you slip even once and forget Tor or use your normal OS - even under Tor - you may be discovered.
Actually, when you put it like that I'm surprised nobody's developed a version of Bittorrent with Tor-like functionality already built in.
I wonder if this should be reported to the bar? (Score:2)
The bar association in this lawyer's area might be interested to hear a complain about this clear abuse of the legal system. No one could take this as a confession, not even a bad lawyer. It is beyond reasonable and should be punished. I know lawyers rarely punish their own, but perhaps if enough complaints come in?
Terrorists can't take a joke; hired gunman either (Score:2)
Terrorists can't take a joke; hired gunman either. Just because their weapon isn't a gun does not mean they are not "hired guns" and just because they don't blow themselves up for a religion doesn't mean they are not terrorists.
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Still, these "terrorists" and "hired guns" are operating "for profit" and are, at the same time "officers of the court" which means they are bound to certain duties and within certain restrictions on behavior. It appears to me that they are exceeding those limits and abusing their role and position for personal gain. It's time to demote them from being officers of the court.
Just exactly when the meaning of word lawyer (Score:2)
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No, in US English it's just "lawyer".
Wait, Corbin Fisher ? (Score:3)
The same Corbin Fisher as this Corbin Fisher [wikipedia.org]? Really?
This should prove to be amusing, at the very least. Yes mister judge sir, this here man has illegally copied and jerked off to thousands of dollars' worth of gay porn that we filmed using straight actors.
Actually, mister judge, sir, you're looking pretty good, yourself. Can I interest you in a financial opportunity ?
The lawyers win (Score:2)
As a wise principal once said .... (Score:2)
Seems awfully petty. (Score:2)
Not that it is a big surprise coming from a media company.
So who else... (Score:2)