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Austrian Tor Exit Node Operator Found Guilty As An Accomplice Because Someone Used His Node To Commit A crime

from the bad,-bad-news dept

Three years ago we wrote about how Austrian police had seized computers from someone running a Tor exit node. This kind of thing happens from time to time, but it appears that folks in Austria have taken it up a notch by… effectively now making it illegal to run a Tor exit node. According to the report, which was confirmed by the accused, the court found that running the node violated §12 of the Austrian penal code, which effectively says:

Not only the immediate perpetrator commits a criminal action, but also anyone who appoints someone to carry it out, or anyone who otherwise contributes to the completion of said criminal action.

In other words, it’s a form of accomplice liability for criminality. It’s pretty standard to name criminal accomplices liable for “aiding and abetting” the activities of others, but it’s a massive and incredibly dangerous stretch to argue that merely running a Tor exit node makes you an accomplice that “contributes to the completion” of a crime. Under this sort of thinking, Volkswagen would be liable if someone drove a VW as the getaway car in a bank robbery. It’s a very, very broad interpretation of accomplice liability, in a situation where it clearly does not make sense.

via Austrian Tor Exit Node Operator Found Guilty As An Accomplice Because Someone Used His Node To Commit A crime | Techdirt.

netzpolitik.org: Are you breaking any laws?

Jotunbane: Several :)

netzpolitik.org: Do you care? Why (not)?

Jotunbane: Sure I care. But what can I do? The laws are wrong on several different levels (the copyright monopoly have been extended 16 times in my lifetime alone, and will continue to be extended every time Mickey Mouse is getting close to the public domain). There will always be consequences when you decide to break the law and the risk of punishment is clearly part of the equation. Under US law I could get fined $150.000 for each infringement, but this is not a question of money, it’s a question of doing the right thing. Sharing is caring, so of course I care.

 

Interviews with E-Book-Pirates: “The book publishing industry is repeating the same mistakes of the music industry”.

 

The report noted that some within MIT believe “there has been a change in the institutional climate over recent years, where decisions have become driven more by a concern for minimizing risk than by strong affirmation of MIT values.”

The Computer Fraud and Abuse Act has been widely condemned as extreme in both its sweeping scope and its grave punishments. Sentencing guidelines suggest Swartz faced up to seven years in prison.

To his supporters, MIT bears some responsibility for that fact. MIT officials privately told the prosecutor that the university had no interest in jail time, but refused to oppose his prosecution publicly or privately, despite repeated entreaties from Swartz’s father, his lawyers, and a couple of faculty members, who argued MIT had the institutional heft to influence the US attorney’s office.

via Aaron Swartz and MIT: The inside story – Metro – The Boston Globe.

What is Piracy? Jean-Philippe Vergne at TEDxWesternU – YouTube.

What is Piracy? Jean-Philippe Vergne at TEDxWesternU – YouTube.

Taunts aside, Tankafetast’s operators appear to be trying to raise the profile of the site. They have launched a clothing range, consisting mainly of t-shirts carrying a range of pro-filesharing slogans such as Keep Calm and Download and Support Your Local Uploader, plus a few with defiant messages on Tankafetast’s return.In addition, on Saturday the site’s operators announced that in celebration of the site’s return they would be hiring three cinemas in Malmö, Gothenburg and Stockholm and giving away tickets to fans of the site. The first viewing has been announced as taking place this Thursday for the premiere of the new Bond movie, Skyfall.What is interesting to observe here is that when it comes to file-sharing the Swedes are very defiant indeed, even in the face of adversaries such as the government and police. Whether the site will be able to back up its defiance with long-term uptime remains to be seen, but even that seems to be more likely than their aim this week of giving away at least hundred of their cinema tickets to girls.

via Raided PRQ Torrent Site is Back and Hiring Cinemas To Celebrate | TorrentFreak.Taunts aside, Tankafetast’s operators appear to be trying to raise the profile of the site. They have launched a clothing range, consisting mainly of t-shirts carrying a range of pro-filesharing slogans such as Keep Calm and Download and Support Your Local Uploader, plus a few with defiant messages on Tankafetast’s return.In addition, on Saturday the site’s operators announced that in celebration of the site’s return they would be hiring three cinemas in Malmö, Gothenburg and Stockholm and giving away tickets to fans of the site. The first viewing has been announced as taking place this Thursday for the premiere of the new Bond movie, Skyfall.What is interesting to observe here is that when it comes to file-sharing the Swedes are very defiant indeed, even in the face of adversaries such as the government and police. Whether the site will be able to back up its defiance with long-term uptime remains to be seen, but even that seems to be more likely than their aim this week of giving away at least hundred of their cinema tickets to girls.

via Raided PRQ Torrent Site is Back and Hiring Cinemas To Celebrate | TorrentFreak.

The Congressional International Anti-Piracy Caucus has just released its 2012 International Piracy Watch List. In addition to countries such as China, Russia and Ukraine, this year Italy and Switzerland make fresh appearances in the list. Both countries are accused of not doing enough to combat online infringement with the latter allegedly proving itself as a “magnet for rogue sites.”

via New Anti-Piracy Watchlist Zooms In On File-Sharing Tolerant Countries | TorrentFreak.The Congressional International Anti-Piracy Caucus has just released its 2012 International Piracy Watch List. In addition to countries such as China, Russia and Ukraine, this year Italy and Switzerland make fresh appearances in the list. Both countries are accused of not doing enough to combat online infringement with the latter allegedly proving itself as a “magnet for rogue sites.”

via New Anti-Piracy Watchlist Zooms In On File-Sharing Tolerant Countries | TorrentFreak.

“IFPI has inadvertently made available its own confidential internal report, penned by none other than IFPIs chief anti-piracy officer, which details its strategy against online piracy for major recording labels across the globe. The document, 30-pages long, talks about file sharing sites, torrents, cyberlockers, phishing attacks, expectations from Internet service providers, mp3 sites and a lot more. The document is a global view representation of IFPIs problems, current and future threats, and the industrys responses to them.”A few tactics: shutting down music services, requiring file lockers filter uploads or be shut down interesting, since the DMCAs one good provision is the safe harbor, and proactive filtering could mean losing that protection, lobbying for DNS blocking legislation, pressuring ISPs into extra-legally enforcing their will, disrupting payment processing for pirate sites through blacklists, and providing “training built around real world experiences and challenges rather than focusing on theory” on copyright law to judges and legal bodies.

via Leaked IFPI Report Details Anti-Piracy Strategy – Slashdot.“IFPI has inadvertently made available its own confidential internal report, penned by none other than IFPIs chief anti-piracy officer, which details its strategy against online piracy for major recording labels across the globe. The document, 30-pages long, talks about file sharing sites, torrents, cyberlockers, phishing attacks, expectations from Internet service providers, mp3 sites and a lot more. The document is a global view representation of IFPIs problems, current and future threats, and the industrys responses to them.”A few tactics: shutting down music services, requiring file lockers filter uploads or be shut down interesting, since the DMCAs one good provision is the safe harbor, and proactive filtering could mean losing that protection, lobbying for DNS blocking legislation, pressuring ISPs into extra-legally enforcing their will, disrupting payment processing for pirate sites through blacklists, and providing “training built around real world experiences and challenges rather than focusing on theory” on copyright law to judges and legal bodies.

via Leaked IFPI Report Details Anti-Piracy Strategy – Slashdot.

Its a dynamic thats been particularly pointed for Dodd, given his efforts to move forward on legislation preventing theft of intellectual property. The Protect I.P. Act and its counterpart in the House, the Stop Online Piracy Act, had broad bipartisan backing last year when Dodd was in his first months with the movie biz and was joined by the recording industry, book publishiers and the U.S. Chamber of Commerce in the effort.”Were in a transformative period with an explosion of technology thats going to need content,” he said.But Internet companies such as Google, Facebook and Twitter campaigned effectively against the legislation, mobilizing users on grounds that the new rules would impede the free flow of information on the Internet.”Google chose wisely by making Hollywood the enemy,” Dodd said ruefully.He said Saturday that the industry will need to take a far more nuanced approach to promoting future antipiracy legislation.”Were going to have to be more subtle and consumer-oriented,” he added. “Were on the wrong track if we describe this as thievery.”

via Dodd touts outreach on IP, bizs humanitarian efforts – Entertainment News, Film News, Media – Variety.Its a dynamic thats been particularly pointed for Dodd, given his efforts to move forward on legislation preventing theft of intellectual property. The Protect I.P. Act and its counterpart in the House, the Stop Online Piracy Act, had broad bipartisan backing last year when Dodd was in his first months with the movie biz and was joined by the recording industry, book publishiers and the U.S. Chamber of Commerce in the effort.”Were in a transformative period with an explosion of technology thats going to need content,” he said.But Internet companies such as Google, Facebook and Twitter campaigned effectively against the legislation, mobilizing users on grounds that the new rules would impede the free flow of information on the Internet.”Google chose wisely by making Hollywood the enemy,” Dodd said ruefully.He said Saturday that the industry will need to take a far more nuanced approach to promoting future antipiracy legislation.”Were going to have to be more subtle and consumer-oriented,” he added. “Were on the wrong track if we describe this as thievery.”

via Dodd touts outreach on IP, bizs humanitarian efforts – Entertainment News, Film News, Media – Variety.

A nagy forgalmazók megveszik a politikusokat, hogy rendőrt uszíthassanak családokra, csak mert azok Garfield-et néznek a monitoron.

Az internet többek közt arra való, hogy kulturális tartalomhoz juthassunk, a napi hírömlenytől az elmélkedősebb anyagokon át a tudásbázisokig és tovább. Aki pedig azt állítja, hogy mindez ingyenes, és hogy a torrentezés bűn, az vagy téved, vagy hazudik. A hazugság, az tényleg bűn. Persze, a lopás is bűn, de ha valamiért fizettünk, akkor annak magunkhoz vétele nem lopás.

via Tanítsuk meg torrentezni a gyerekeket! – Különvélemény – Balavány György blogja.A nagy forgalmazók megveszik a politikusokat, hogy rendőrt uszíthassanak családokra, csak mert azok Garfield-et néznek a monitoron.

Az internet többek közt arra való, hogy kulturális tartalomhoz juthassunk, a napi hírömlenytől az elmélkedősebb anyagokon át a tudásbázisokig és tovább. Aki pedig azt állítja, hogy mindez ingyenes, és hogy a torrentezés bűn, az vagy téved, vagy hazudik. A hazugság, az tényleg bűn. Persze, a lopás is bűn, de ha valamiért fizettünk, akkor annak magunkhoz vétele nem lopás.

via Tanítsuk meg torrentezni a gyerekeket! – Különvélemény – Balavány György blogja.

Earlier today, Megaupload released a pop video featuring mainstream artists who endorse the cyberlocker service. News of the controversial Mega Song even trended on Twitter, but has now been removed from YouTube on copyright grounds by Universal Music. Kim Dotcom says that Megaupload owns everything in the video, and that the label has engaged in dirty tricks in an attempt to sabotage their successful viral campaign.

This morning we published an article on a new campaign by cyberlocker service Megaupload.

Site founder Kim Dotcom told TorrentFreak he had commissioned a song from producer Printz Board featuring huge recording artists including P Diddy, Will.i.am, Alicia Keys, Kanye West, Snoop Dogg, Chris Brown, The Game and Mary J Blige. These and others were shouting the praises of Megaupload.

By this afternoon #megaupload was trending on Twitter as news of the song spread. Little surprise interest was so high; Megaupload is described as a rogue site by the RIAA and here are some of their key labels’ artists promoting the service in the most powerful way possible – through a song.

And then, just a little while ago, the music stopped. Visitors to YouTube hoping to listen to the Mega Song were met with the following message.

Mega Song Blocked

TorrentFreak immediately contacted Kim to find out what was happening.

“Those UMG criminals. They are sending illegitimate takedown notices for content they don’t own,” he told us. “Dirty tricks in an effort to stop our massively successful viral campaign.”

So did Universal have any right at all to issue YouTube with a takedown notice? Uncleared samples, anything?

“Mega owns everything in this video. And we have signed agreements with every featured artist for this campaign,” Kim told TorrentFreak.

“UMG did something illegal and unfair by reporting Mega’s content to be infringing. They had no right to do that. We reserve our rights to take legal action. But we’d like to give them the opportunity to apologize.”

“UMG is such a rogue label,” Kim added, wholly appreciating the irony.

A few minutes after this exchange Kim contacted us with good news. After filing a YouTube copyright takedown dispute, the video was reinstated. But alas, just seconds later, it was taken down again.

“We filed a dispute, the video came back online and now it’s blocked again by UMG and the automated YouTube system has threatened to block our account for repeat infringement,” Kim explained.

TorrentFreak spoke with Corynne McSherry, Intellectual Property Director at EFF, who says this type of copyright abuse is nothing new.

“This appears to be yet another example of the kind of takedown abuse we’ve seen under existing law — and another reason why Congress should soundly reject the broad new powers contemplated in the Internet Blacklist Bills, aka SOPA/PIPA.

“If IP rightholders can’t be trusted to use the tools already at their disposal — and they can’t — we shouldn’t be giving them new ways to stifle online speech and creativity,” McSherry concludes.

Sherwin Siy, Deputy Legal Director at Public Knowledge, worries that this type of sweeping power would only be augmented with the arrival of the SOPA anti-piracy bill in the US.

“If UMG took down a video it has no rights to, then what we have here is exactly the sort of abuse that careless, overzealous, or malicious copyright holders can create by abusing a takedown law,” he told us.

“What makes this even worse is that UMG, among others, is pushing to expand its power to shut people down by fiat–SOPA lets rightsholders de-fund entire websites with the same sort of non-reviewed demand that removed this video,” he concludes.

Megaupload’s Kim Dotcom informs us that he has now submitted an international counter notification to YouTube, informing them that UMG has no rights to anything in the video and that the label abused the YouTube takedown system to sabotage the company’s business.

“It’s ridiculous how UMG is abusing their intervention powers in YouTube’s system to stop our legitimate campaign. They are willfully sabotaging this viral campaign. They own no rights to this content,” Kim insists.

“What UMG is doing is illegal. And those are the people who are calling Mega rogue? Insanity!”

Streisand Effect, here we come again.

Update: “The fact that this expression could be silenced by a major label — without any apparent infringement — should be seriously troubling to anyone who cares about artists’ speech rights,” says Casey Rae-Hunter, Deputy Director, Future of Music Coalition. “If this can happen to Snoop Dogg and others, it can happen to anyone.”

via Universal Censors Megaupload Song, Gets Branded a “Rogue Label” | TorrentFreak.

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