Mininova falls to file-sharing assault
By Stuart Turton
Posted on 27 Aug 2009 at 09:40
Pirate Bay rival Mininova has been instructed to remove all links to copyrighted material within three months, or face a fine of $7.16 million.
The case was brought by Dutch copyright lobbying group Stichting Brein, which accused the file-sharing site of "contributory copyright infringement" - the same charge levelled at The Pirate Bay.
Contributory copyright infringement acknowledges that the site's operators aren't infringing copyright themselves, but instead accuses them of creating an environment that incites such behaviour. In this environment any copyright infringement that occurs becomes their responsibility.
"Mininova encourages users of its platform to make copyright material accessible via its platform, helps users find the desired file with the copyrighted work and ensures through its 'administrators' and 'moderators' for the copyrighted works that are accessible through its platform, also useful for its users," the court's verdict reads.
The result of this ruling for Mininova is that we have to re-evaluate our business operations. At this time, we cannot determine what this will actually entail or imply
Unlike The Pirate Bay, Mininova operates a takedown program in which it will remove links to copyrighted material if notified by the rights holder. However, this only applies to individual torrent files with the company arguing it would be impossible for it to screen all uploads for copyrighted material.
"We are obviously not satisfied with this ruling," says Mininova co-founder Erik Dubbelboer. "The result of this ruling for Mininova is that we have to re-evaluate our business operations. At this time, we cannot determine what this will actually entail or imply. We will have to examine the verdict thoroughly first."
Illegal file sharing is the hot button issue of the moment. The Government has announced draconian measures to stop illegal file sharers, while media groups continue to lay siege to The Pirate Bay.
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Why is it?
Why is it that no matter how outrageous or duplicitous music and film retailers are in charging over the odds and price fixing, region coding etc. Nothing is done. Governments are not interested and watchdogs are powerless.
Yet these same people leap into action to protect the interests of the above. I don’t like piracy, but I don’t like being robbed either.
Without Napster and its descendants, we’d all still be paying £17 for CD and £24 for DVD (or more by now), because they broke the monopoly and shook things up. People like Play.com and CDWOW make it possible to buy stuff without being short-changed.
Fine, you can police or close Mininova, but what about some CONSUMER protection for a change?
By cheysuli on 27 Aug 2009 
"Governments are not interested and watchdogs are powerless".
For a reason.
Lord Mandy recently met with David Geffin on a yacht belonging to the richest family in the world, the Rothschilds (they keep a lower profile than individuals like Buffet and Gates, again, for a reason). Suddenly he's filled with anti-piracy zeal.
Those people are the ones he answers to, not us. If the Tories were in power, it would just be a different set of strings being pulled.
The electorate are simply there as cash cows for these people.
By Lacrobat on 27 Aug 2009
It's not to protect rights holders
All this is not to protect rights holders, but maintain the monopoly.
For example, JRR Tolkein's estate has yet to see anything like the money owed to them for the three Lord of the Rings films, which were very high grossing films (1 - $314,163,000, 2 - $341,748,130 & 3 - $377,019,252). The movie companies have "hidden" the money to avoid paying percentages on profits. Yet these same people scream that pirates are the ones stealing...
Pot? meet Kettle.
By cheysuli on 27 Aug 2009
Load DRM round, Point pistol at foot...
I wonder if the likes of Time Warner and Sony have ever considered the possibility that DRM is the REASON for their loss of sales to the pirates, rather then the cure.
I was pleased to see the announcement that films would be sold in DivX format.. until I spotted the catch... DRM. :(
Locked to one computer? Need to install special software which will likely rootkit said computer, or worse? NO thanks. They can keep it.
By Anteaus on 27 Aug 2009
this world is sick
Why in heavens name nobody accuses junkies, homies and pimps for "contributory property theft"?
"Contributory Property Theft" - acknowledges that the street loiters aren't stealing themselves, but instead accuses them of creating an environment that incites such behaviour. In this environment any property theft that occurs becomes their responsibility.
------------
PS: where is PREVIEW mode?
By stasi47 on 28 Aug 2009
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