• Welcome to TechPowerUp Forums, Guest! Please check out our forum guidelines for info related to our community.

TorrentFreak Accuses Anti-Piracy Watchdog Brein of Piracy

Joined
Jan 29, 2006
Messages
9,066 (2.07/day)
Likes
287
Location
My house.
Processor AMD Athlon 64 X2 4800+ Brisbane @ 2.8GHz (224x12.5, 1.425V)
Motherboard Gigabyte sumthin-or-another, it's got an nForce 430
Cooling Dual 120mm case fans front/rear, Arctic Cooling Freezer 64 Pro, Zalman VF-900 on GPU
Memory 2GB G.Skill DDR2 800
Video Card(s) Sapphire X850XT @ 580/600
Storage WD 160 GB SATA hard drive.
Display(s) Hanns G 19" widescreen, 5ms response time, 1440x900
Case Thermaltake Soprano (black with side window).
Audio Device(s) Soundblaster Live! 24 bit (paired with X-530 speakers).
Power Supply ThermalTake 430W TR2
Software XP Home SP2, can't wait for Vista SP1.
#1
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.

Sincerely

TorrentFreak Counsel
legal@torrentfreak.com

Source: TorrentFreak
 

Paulieg

The Mad Moderator
Joined
Feb 19, 2007
Messages
11,960 (3.00/day)
Likes
2,846
Location
Wherever I can find the iron.
Processor Haswell i7 4770K
Motherboard Gigabyte z79 UD5H Black Edition
Cooling Cryorig R1 Ultimate
Memory Gskill Trident DDR3 2400
Video Card(s) Asus 7970 Direct CU II
Storage Kingston Hyper Fury 240 SSD/ WD Black 640GB
Case Fractal Design R5
Power Supply XFX 650w
Software Win 7/Win 10 Tech preview
#2
Go get'em//////:nutkick:
 
Joined
Aug 30, 2006
Messages
6,377 (1.53/day)
Likes
984
System Name ICE-QUAD // ICE-CRUNCH
Processor Q6600 // 2x Xeon 5472
Memory 2GB DDR // 8GB FB-DIMM
Video Card(s) HD3850-AGP // FireGL 3400
Display(s) 2 x Samsung 204Ts = 3200x1200
Audio Device(s) Audigy 2
Software Windows Server 2003 R2 as a Workstation now migrated to W10 with regrets.
#3
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.
 

WarEagleAU

Bird of Prey
Joined
Jul 9, 2006
Messages
10,809 (2.57/day)
Likes
529
Location
Gurley, AL
System Name Boddha Getta Boddha Getta Bah!
Processor AMD FX 6100 @ 4.432Ghz @1.382
Motherboard ASUS M5A99X EVO AMD 990X AMD SB950
Cooling Custom Water. EK 240MM Kit, Supreme HSF - Runs 35C
Memory 2 x 4GB Corsair Vengeance White LP @ 1.35V
Video Card(s) XFX Radeon HD 6870 980/1100
Storage WD Caviar Black 1.0TB, WD Caviar Green 1.0TB, WD 160GB
Display(s) Asus VH222/S 22: (21.5" Viewable) 1920x1080p HDMI LCD Monitor
Case NZXT White Switch 810
Audio Device(s) Onboard Realtek 5.1
Power Supply NZXT Hale 90 Gold Cert 750W Modular PSU
Software Windows 8.1 Profession 64 Bit
#4
Haha, turn about is fairplay.