Tuesday, 7 February 2012

TorrentFreak Email Update

TorrentFreak Email Update


Elite Anti-Terror Police Went After Megaupload’s Kim Dotcom

Posted: 07 Feb 2012 04:33 AM PST

Even after taking in the details of today’s 3Newz report several times, it is harder than ever to comprehend what happened at the Dotcom mansion last month.

We knew that dozens of police swooped on the location in helicopters and we knew they were armed. But what is even more unbelievable is that some of them were from the Special Tactics Group, New Zealand’s elite counter-terrorist force.

STG, nicknamed “Super Tough Guys”, train with the country’s Special Air Force and are sent in to deal with the most violent of offenders. Yet no one in the Dotcom household had any record of violence. Indeed, their main target was a man suspected of online copyright infringement – a computer related offense.

Wayne Tempero, Dotcom’s bodyguard, told 3Newz that the police were armed with assault rifles and sidearms – STG are known to use M4A3 carbines and Glock pistols. Tempero explained that two firearms were held in Dotcom mansion – two shotguns, both his, legal, fully licensed and locked away in safes.

At 06:45 Tempero was woken by a “horrendous noise” and after dressing and running outside he was confronted by a huge cloud of dust being kicked up a helicopter hovering just above the ground.

Tempero, wearing just a t-shirt and track pants with his hands held up, and was ordered by a flak jacket wearing armed officer to lie on the floor. Tempero said that the noise of the helicopter and doors being smashed elsewhere on the property was so loud that if the police did identify themselves, he didn’t hear them.

The armed police went into the indoor play area which had 3 kids inside – one aged 3, one 4 and another 15 months, together with their Filipino nannies. From there they proceeded to one of the nannies’ rooms, kicked the door down and demanded to know if she had any firearms – or bombs.

Tempero said he asked the nanny twice if she was sure they asked if she had bombs – she said she was. “Maybe that’s the kind of thing that Filipino nannies do,” Tempero said.

Outside people were being handcuffed and put on the floor. Two security guards, Tempero himself and the Filipino staff, were placed next to a van containing barking dogs.

Meanwhile the police had gone upstairs and were trying to smash down the door to Kim Dotcom’s quarters. Tempero said Dotcom’s wife tried to give them the security code but they weren’t interested and told her to go downstairs.

Police smashed down three doors to get to Kim and when Tempero was allowed back upstairs, six officers with sledgehammers and a circular saw were trying to smash into what they thought was Dotcom’s hiding place. It was in fact a broken service elevator/dumb waiter (below).

DumbWaiter

Dotcom had actually followed a prearranged plan formulated by his bodyguard which involved him hiding in the “Red Room” to ensure his safety. Tempero was asked what would have happened if a couple of police had simply turned up and asked for Dotcom to come down.

“He would have complied with everything, we would have sat at the large table, he would’ve probably offered them breakfast and he would have complied with everything,” Tempero said.

“Would he have done anything to destroy the hard drive, to take down Megaupload?” 3Newz asked. “Certainly not, why would he? He would be destroying his defense,” Tempero responded.

Red Room

Despite the massive police and apparent counter-terrorist operation against him, Dotcom was in the Red Room alone for more than half an hour.

“If Kim had a Doomsday setup where he could delete his harddrive or takedown Megaupload, would there have been sufficient time for him to do that had that been his intention?” questioned 3Newz.

“He could’ve done that within seconds,” said Tempero.

There can be little doubt that Kim Dotcom and the other operators of Megaupload are accused of serious crimes and ultimately a court will decide if they are innocent or guilty. But whatever the scale of the alleged offenses, these are ‘white collar’ issues – computer matters – and whatever he may or may not have done, Kim Dotcom is not a terrorist and has never been accused of being one.

Here’s the excellent 3Newz video report. It’s over 10 minutes long but worth the time.

Judging by the 3Newz reporter’s tone, he’s struggling to see the connection between the alleged offenses and the response by the authorities. And he isn’t the only one.

Source: Elite Anti-Terror Police Went After Megaupload’s Kim Dotcom

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You Can’t Copyright Porn, Harassed BitTorrent Defendant Insists

Posted: 06 Feb 2012 11:32 AM PST

pirate pronWhen confronted with an accusation that they have illegally shared unauthorized material online, Internet users quickly realize they are in a Catch 22 situation. Even if innocent, these accusations cost money to deflect, a cost which often exceeds the amount the claimant says it will accept in settlement.

Hard Drive Productions sent one such letter to Liuxia Wong last year, claiming that her IP address had been used to share “Amateur Allure Jen” on BitTorrent.

Wong was told by the porn outfit she could be sued for $150,000, but for ‘just’ $3,400 the whole thing could be made to go away. Many might have chosen to settle at this point, but this California resident bit back and went on the offensive.

As noted by FightCopyrightTrolls, Wong hired Steven Yuen, an experienced IP litigator from the EFF’s subpoena defense list, to go after Hard Drive Productions. It could turn out to be a fascinating case.

In a lawsuit filed at the end of January, Wong says that she did not download the work in question and goes on to attack Hard Drive on a number of fronts including harassment.

Hard Drive report the alleged infringement as taking place March 28th 2011, but Wong says the movie in question wasn’t officially registered until April 22nd 2011. The letters, therefore, “were designed to coerce her into settling the case despite the absence of any facts supporting liability against her.”

The lawsuit further claims that in their letter to Wong, Hard Drive insist that the California resident would be liable for infringement even if her router was unsecured and someone else carried out the act without her knowledge. Wong’s suit dismisses that assertion as “erroneous”.

But perhaps most interestingly, Wong is challenging the notion that Hard Drive can own the copyright to its own work – indeed, that porn can be copyrighted at all.

“Article 1, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, empowers the United States Congress: ‘To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries,” the lawsuit details, adding:

“Early Circuit law in California held that obscene works did not promote the progress of science and the useful arts, and thus cannot be protected by copyright.”

The lawsuit goes on to state that Hard Drive’s work does not fulfill the above criteria and in fact depicts obscene and criminal acts.

Wong is asking the court to issue an order declaring that not only is she not liable to Hard Drive for infringement, but that the company’s movie is not copyrightable and is illegal due to Hard Drive engaging in “solicitation, conspiracy to commit prostitution, pimping and/or pandering,” during its production.

Finally, a couple of interesting BitTorrent-related points are also raised in the suit. The first is that Hard Drive did not mitigate alleged damages since the company failed to use the DMCA to have monitored torrents taken down. The second involves the company hired by Hard Drive to do the monitoring.

“….Hard Drive…authorized its work to be distributed by its non-California licensed private investigators, who are in violation of California Business and Professions Code…while they were distributing and participating in the distribution of the work, and/or that Hard Drive is guilty of unclean hands due to its and/or its agents' operation and use of honeypots, and/or the use of a third-party's services as honeypots,” the suit adds.

In a sea of carbon copy BitTorrent mass-lawsuits, this case shines out as one to watch.

Gov.uscourts.cand.250725.4.0

Source: You Can’t Copyright Porn, Harassed BitTorrent Defendant Insists

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Top 10 Most Pirated Movies on BitTorrent

Posted: 06 Feb 2012 10:21 AM PST

The Three MusketeersThis week there are three newcomers in our chart. The Three Musketeers is the most downloaded movie.

The data for our weekly download chart is collected by TorrentFreak, and is for informational and educational reference only. All the movies in the list are BD/DVDrips unless stated otherwise.

RSS feed for the weekly movie download chart.

Week ending February 05, 2012
Ranking (last week) Movie IMDb Rating / Trailer
torrentfreak.com
1 (…) The Three Musketeers 6.0 / trailer
2 (1) The Girl With The Dragon Tattoo (DVDscr) 8.2 / trailer
3 (4) In Time 6.6 / trailer
4 (2) The Rum Diary 6.6 / trailer
5 (…) Footloose 5.1 / trailer
6 (3) The Descendants (DVDscr) 7.8 / trailer
7 (6) Johnny English Reborn 6.5 / trailer
8 (5) Seeking Justice 6.1 / trailer
9 (…) Agneepath 7.5 / trailer
10 (7) The Twilight Saga: Breaking Dawn – Part 1 4.7 / trailer

Source: Top 10 Most Pirated Movies on BitTorrent

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