Sunday, November 25th 2007

TorrentFreak Accuses Anti-Piracy Watchdog Brein of Piracy

According to the MPAA, "piracy is the unauthorized taking, copying or use of copyrighted materials without permission. It is no different from stealing another person’s shoes or stereo, except sometimes it can be a lot more damaging." And so, when anti-piracy site Brein took information from TorrentFreak and refused to cite their sources, they did something that children have been taught not to do since their first essay requiring cited sources: Plagiarism. The MPAA also decided that what Brein did could also be seen as piracy. And so, one of TorrentFreak's counsels wrote an open letter to Brein, which aims to "educate the public about their lack of respect for the rights of people who don’t pay them millions." If you would like to read the full letter, please click "Read full story" below.

Dear Mr Kuik

Being vociferous exponents of the fight against copyright infringement, your organization is expected to uphold the highest possible standards where the misuse of other people’s intellectual property is concerned.

It has been brought to my attention that your organization has reproduced text from an article published by this website concerning the website SumoTorrent, without prior written consent1 and without complying with the copyright terms applicable to this publication, TorrentFreak2.

Specifically, your organization has selectively and misleadingly quoted from our publication without properly attributing the source, in contravention of the Creative Commons license3 under which this text was published. This is a contemptible infringement of our own intellectual property rights, illustrative of a gross lack of professionalism on your part.

Furthermore, you have mischievously and inaccurately attributed the source of the material stolen from ourselves as being “a pirate weblog”. This amounts to actionable libel, inasmuch that neither the owners nor the staff of this publication – a well respected and widely read source of filesharing news - have ever been accused, suspected or prosecuted, for any so-called act of piracy. We are neither sailors nor thieves of other people’s intellectual property, unlike yourselves.

Your “news release” is peppered with inaccurate information, calculated to mislead and intimidate the millions of legitimate users of the many peer-to-peer filesharing services that are in common use throughout the world. Much of the material that is shared by sites targeted by yourselves such as SumoTorrent is open source, copyright has never been asserted or it is in the public domain. To presume otherwise is to add arrogance to the ignorance your organization has already exhibited.

There is, and there can never be, any legitimacy attached to your harassment5 of those who merely assist in finding the location of such copyright free material. The indiscriminate prevention of people’s enjoyment of their own property, in this case their own computers, is in direct contravention of the European Convention on Human Rights4.

Having learned that you have falsely claimed that a District Court judgment in June 2007 against a specific defendant amounted to some sort of precedent, justifying your demand that others breach data protection principles5 & 6, my expectations of your professionalism are not high.

Whilst I harbor no illusions that you will have the grace to apologize for your unwarranted breach of my own rights in these matters, this letter will serve to educate others and make public your abuse of process, your contempt for the rights of others and your outright hypocrisy.


TorrentFreak Counsel
legal@torrentfreak.comSource: TorrentFreak
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3 Comments on TorrentFreak Accuses Anti-Piracy Watchdog Brein of Piracy

The Mad Moderator
Go get'em//////:nutkick:
Posted on Reply
Nice that they were caught "red handed", but, unfortunately, since TorrentFreak Counsel DID NOT DEMAND the immediate removal of, and cease and desist or damages etc., then unfortunately, there is no need for Mr Kuik and his cronies to do anything, but laugh at the legal incompetence of "TorrentFreak Counsel".

I think that the author of the shown letter is, unfortunately, young and inexperienced with corporate law. It's a shame, because, he is in the right and could have achieved so much more, incl. requiring them to publish a retraction on their website for a certain (long) period of time.
Posted on Reply
Bird of Prey
Haha, turn about is fairplay.
Posted on Reply