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View Full Version : Mininova in court, again....



poita
26th August 2009, 09:09 PM
http://torrentfreak.com/mininova-ordered-to-remove-all-infringing-torrents-090826/




Mininova has lost its civil dispute with Dutch anti-piracy outfit BREIN. The judge ruled that Mininova is not directly responsible for any copyright infringement, but ordered it to remove all torrents linking to copyrighted material within three months, or face a penalty of up to 5 million euros.

mininovaMininova were sued this spring by BREIN, an outfit which protects the rights of several large entertainment industry corporations.

Today, the judge ruled that the world’s largest BitTorrent indexer has been ordered to clean up its site and remove all torrents that link to infringing content.

BREIN’s intention was not to shut down the site. Instead, the organization called for a filter based on infringing keywords and possibly digital fingerprints to guarantee that the rights holders have sufficient means to protect their content.

The court agreed with BREIN’s assessment that Mininova is not doing enough to protect the rights of copyright holders, and ordered the site to remove all torrent files that link to infringing content within three months, or pay a penalty of 1000 Euro per infringing torrent with a maximum of 5 million euros ($7 million).

Mininova’s notice and takedown policy that allows copyright holders to remove infringing torrents is not sufficient, the court said. Interestingly, the recently announced copyright filter that Mininova launched together with the Motion Picture Association (MPA) wasn’t mentioned.

The court did not agree with Mininova’s defense that it is impossible to moderate all torrents that are uploaded to the site. It further said that Mininova is encouraging its users to download copyrighted material, helped by the several moderators that the site has in place.

The moderators keep the site clean and ‘family friendly’ be removing torrents that link to adult content, viruses and fake files. They do this proactively and in response to user feedback, the court concluded, pointing out that they should also be able to moderate torrents that link to copyrighted material.

It was further concluded that Mininova profits from copyright infringement though the ads that appear on the site.

Mininova co-founder Erik Dubbelboer said in a response: “We are obviously not happy with the verdict.” Mininova is considering to appeal the decision, which they have to do within three months

sooty
26th August 2009, 09:12 PM
Bugger, what do i do about my FG eps and TG eps now! :yikes:

alts
26th August 2009, 09:15 PM
I like to get my TV, 'ez'. ;)

mania
26th August 2009, 09:18 PM
I hunt for my isos :).

Jerram
26th August 2009, 09:19 PM
Bugger, what do i do about my FG eps and TG eps now! :yikes:

trust me, there will always be other ways.

ChrisMaz
27th August 2009, 02:21 AM
What to do about my HK porno downloads? :p

hazrd
27th August 2009, 10:53 AM
rapidshare ftw !!!!!!

Keep'emRunning
27th August 2009, 07:27 PM
meh. usenet all the way :)

HappySlapper82
27th August 2009, 10:47 PM
Isohunt are back in court today aswell. Same bullshit. I hope they have better lawyers

ROCCO
28th August 2009, 11:50 AM
Just got private torrent....usenet and rapidshare why pay for something that should be free anyway..get an invite too a good private torrent site and as long as you keep your ratio up you'll have no probs....usenet and rapidshare are just for people that grab and run...

mania
28th August 2009, 11:53 AM
What always surprises me in these cases is the prosecution always allege 1 download = 1 lost sale. The failure of logic to get to that conclusion is quite something..

ROCCO
28th August 2009, 01:49 PM
in most but not all cases...1 downlaod can usually turn INTO A SALE. Downlaod if you like it buy it....

Jerram
29th August 2009, 01:05 AM
in most but not all cases...1 downlaod can usually turn INTO A SALE. Downlaod if you like it buy it....

exactly Rocco. I did a lot of research into music piracy in the first half of this year, and in the US at least there are better then average responses indicating that those who dl music often do so to "sample" it, and then if they like it they will buy the entire album on CD (with which you get the "loss less" 44.1 KHz WAV encoding as opposed to MP3s which are lossy at around 128-160kbps)

alts
29th August 2009, 10:07 AM
exactly Rocco. I did a lot of research into music piracy in the first half of this year, and in the US at least there are better then average responses indicating that those who dl music often do so to "sample" it, and then if they like it they will buy the entire album on CD (with which you get the "loss less" 44.1 KHz WAV encoding as opposed to MP3s which are lossy at around 128-160kbps)

:confused::confused::confused::confused::confused: :confused::confused::confused::confused::confused:

hazrd
29th August 2009, 10:12 AM
he talks a lot of shit :p

hes saying people download low quality music, sample it, if they like it, they buy the CD/Download it from iTunes which is a higher quality ;)

ROCCO
29th August 2009, 10:14 AM
I think Jerram is talking about the sound quality of the music sample downloaded vs the mp3 sound quality