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BREIN Plans Major Offensive against BitTorrent Trackers

Postby SlyckTom » Mon Oct 24, 2005 8:12 am

BREIN’s success in the Netherlands has been mixed when it comes to intellectual property rights enforcement. They were unable to successfully prosecute KaZaA BV, then owners of the FastTrack network. Their fortunes have changed though as more recently BREIN has succeeded in shutting down Dutch based eDonkey2000 indexing servers Releases4u and ShareConnector.

Looking to build on their success, BREIN is turning their sights on BitTorrent trackers. In a Dutch online <a href=http://www.nrc.nl/media/artikel/1129784522870.html target=_blank>news article</a>, BREIN chairman Tim Kuik stated that his organization was going to start taking action against “dozens” of indexing sites.

It appears the pseudo-revival of SuprNova.org, under the guise of NewNova.org, has spurred this latest action. NewNova.org is a virtual carbon copy of the old “universal BitTorrent” listing site. Sloncek, the administrator of SuprNova.org sold the site’s code to a “friend” who in turn established the new site. Over the course of the last two weeks, the site has enjoyed growing popularity. This growing popularity appears to have irked BREIN.

With enforcement actions scheduled for next week, many BitTorrent indexing sites are considered potential targets. First and foremost, it appears NewNova.org will be BREIN’s primary objective. In addition TorrentSpy.com, Snarf-it.org, MiniNova.org, Demonoid.com and the smaller TripTorrent may also be under the gun. MiniNova.org may escape legal action as their owner states that "there is nothing illegal about hosting torrent files, and besides, we've got a strict copyright policy"

While on the surface it appears many BitTorrent sites may be in danger, the news surrounding this event may be their savior. At least three BitTorrent tracking sites have already begun preparing for this attack by switching web hosts to locations outside the Netherlands.

Snarf-it.org and Newzmonster.org, in response to this upcoming action, have just confirmed their departure from the Netherlands.

"Goodbye Holland. Snarf is closed due to renovations, this server is now a shell and devoid of life. We hope to see you soon from a sunnier climate :)."

In essence, when BREIN does initiate their enforcement action, there may not be any BitTorrent indexing sites remaining in the Netherlands.

Tim Kuik, Director of BREIN, did not answer repeated requests for comment on this issue.
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Postby AlexanderHanff » Mon Oct 24, 2005 8:17 am

So there appears to be some strength to the rumours about a raid on Leaseweb.

The thing is, I suspect it will be sooner rather than later, Brein will have issued the press release in order to lull the operators into a false sense of security, thinking they have time to prepare for the raid. If Brein had any breins they would hit Leaseweb in the next 24 hours before many sites have had a chance to destroy the logs and databases.

I still suspect Leaseweb are in on this, but if they are not, I don't see how this will not effect their business model as there are a HUGE number of p2p and darknet groups hosted in their datacenter.

It will be interesting to see what Leaseweb say about this when the raid has happened.

My only concern is for the users. I hope that all the sites/groups/communities hosted at leaseweb have the sense to thoroughly scrub all logs and databases from their servers asap. For everyone that doesn't there will be 10s of thousands of users receiving "settlement" letters from the copyright police in the near future.
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Postby mybtrex » Mon Oct 24, 2005 8:57 am

BREIN announced more then a week ago that they would take measures against BT/eDonkey sites hosted in The Netherlands.

It's not like it was announced 5 min ago... People have had enough time to delete logfiles or whatever.

The rumour about a raid is a big lie.... They can't "raid leaseweb", it's just not legally possible. As BT is not illegal in The Netherlands, so they would have nobody (read: police) to backup the raid.

[b]Also, no big sites keep track of what people download. So if you download a torrent from a site or if you visited a site, then you shouldn't be scared, cos there is nothing illegal about visiting a BT site and downloading torrent files.

If you used a tracker, then its an other story, cos then it could be that the tracker is keeping logs (which would be stupid, cos the logs would be like a few GB each day...)
So... dont worry if your site goes down... the possibility that they find you as a downloader is pretty damn small...
Last edited by mybtrex on Mon Oct 24, 2005 9:00 am, edited 1 time in total.
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Postby maseratiprogram » Mon Oct 24, 2005 8:59 am

will have to see in the coming weeks what will happend to the indexs, maybe its just hot air but lets hope this really dosent have a major disruption on the indexs. again tom nice one ;) <3.
you teach a man to seed and he'll feed the world forever. <3
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Postby AlexanderHanff » Mon Oct 24, 2005 9:03 am

mybtrex wrote:The rumour about a raid is a big lie.... They can't "raid leaseweb", it's just not legally possible. As BT is not illegal in The Netherlands, so they would have nobody (read: police) to backup the raid.


That, I am afraid, is utter crap. Leaseweb got raided in the second week of December last year (just 10 months ago) so saying it is not legally possible is utter rubbish.

Before trying to look like an authority on issues, research them first.

Oh and as regards NOT getting police assistance for a raid, yes they can and did last year, so what makes you think they can't this year I struggle to understand. There were even several arrests as a result of the previous raid.

Unlike you, I -do- know what I am talking about, so stop trying to play down the seriousness of this, as it is a very serious situation indeed.
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Postby Nick » Mon Oct 24, 2005 9:29 am

Correct.

If they reason that the sites are hosting information which may be used for the commercial distribution of copyright material, they can use the police and do much what they want. A serious situation, and BREIN won't want to be the joke of the international community again.
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Postby Carlosos » Mon Oct 24, 2005 9:30 am

I would say that they can't raid leaseweb for having bittorrent index sites and trackers on their servers as they are legal but they might raid for illegal other things that might be on some of the servers.
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Postby AlexanderHanff » Mon Oct 24, 2005 9:37 am

Carlosos wrote:I would say that they can't raid leaseweb for having bittorrent index sites and trackers on their servers as they are legal but they might raid for illegal other things that might be on some of the servers.


All they have to do is say that the sites are accepting money for their services. Donations fall under this category, and every site I have ever come across has a donations account to pay for the services. Thinking that Leaseweb is a safe haven for bittorrent and darknets is a HUGE mistake.

Don't forget, I have first hand personal experience of this situation, if I didn't think it was a serious threat, I would not be so aggressive about it. I am amongst the first people to laugh at the failed efforts of the copyright police, but when you are looking at potentially millions of peoples IP addresses being siezed (and just deleting the logs is not enough, you need to overwrite them with other data a good 10-15 times in order to be safe and even then there is a possibility of them recovering data).

Many sites out there (particularly private ones) keep ratio stats, in order to keep those stats they have to have some form of logging.

I cannot stress enough how serious this situation is, please be wise and listen, instead of thinking you are immune. I can tell you, there is absolutely nothing pleasant about being served papers, nothing at all.
Last edited by AlexanderHanff on Mon Oct 24, 2005 9:39 am, edited 1 time in total.
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Postby TDO » Mon Oct 24, 2005 9:38 am

Oh man, THAT:

In essence, when BREIN does initiate their enforcement action, there may not be any BitTorrent indexing sites remaining in the Netherlands.


Would be fabulous! Fantastic! And, I belive, for some - orgasmic :).
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Postby Anathema » Mon Oct 24, 2005 9:54 am

Damn, I just started using BT the other day...Suddenly I'm downright scared.
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Postby IceCube » Mon Oct 24, 2005 10:00 am

Let me guess, there will be some more news on NewNova.org that goes along the lines of, "Gee, we'd love to continue, but due to legal pressures, we are going to pull the plug and shut down. --PS: I'm still not Sloncek" :roll: :lol:

I can just see it happening.

On another note, I've also recieved a cease and desist (albeit, over something rediculously trivial) letter and it can scare you stupid when you are on the recieving end.
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Postby mainroy » Mon Oct 24, 2005 10:08 am

Will this be the next Brein brainwave. The Recording Industry Association of America announced today it would be expanding its crackdown on copyright infringement by suing family members, hitchhikers and carpoolers.

Lawyers for the RIAA maintain that the radio in each car was never meant to be listened to by anyone else except the original owner of the vehicle.

Therefore, any additional passengers who listen to music on the radio in another individual's car are doing so illegally and without the express permission of the copyright holders of the respective songs that are broadcast.

RIAA attorneys were preparing to go to Federal District courts across the country to have subpoenas issued to every car maker in America in the hopes of forcing them to disclose the names and addresses of all purchasers from the last 20 years.

"We think this is a no brainer," said an RIAA spokesperson who declined to be identified. "These drivers have been illegally sharing music on their radios and their passengers have been getting a free ride for way too long," he continued.

Legal representatives for the RIAA also warned that they would especially be targeting the "big fish" like charter bus drivers and RV owners who blatantly turn up the radio volume allowing others to hear.

In addition, RIAA lawyers said they were hoping to get a court order to exhume the bodies of Scottish physicist James Clerk-Maxwell, who developed the theory of electromagnetic waves and Guglielmo Marconi, who discovered and harnessed wireless radio in order to sue both corpses for unfair business practices.

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Postby SlyckScratch » Mon Oct 24, 2005 10:25 am

mainroy wrote:Will this be the next Brein brainwave

You know this article about car radio is a joke, right?
I know what you're thinking, punk. You're thinking, 'Did he use six superfluous adjectives or only five?' To tell the truth I forgot myself in all this excitement - but as I deal in English, the most powerful language in the world with subtle nuances that may blow your head clean off, you've got to ask yourself one question: 'Do I feel loquacious?' Well do you punk?
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Postby AlexanderHanff » Mon Oct 24, 2005 10:26 am

SlyckScratch wrote:
mainroy wrote:Will this be the next Brein brainwave

You know this article about car radio is a joke, right?


And was posted about a week ago ;)
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Postby Nick » Mon Oct 24, 2005 10:28 am

with a little bit at the bottom of the original article which said

satire
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Postby AlexanderHanff » Mon Oct 24, 2005 10:30 am

SlyckNick wrote:with a little bit at the bottom of the original article which said

satire


Speaking of satire, your avatar wouldn't be hinting that the judicial process is twisted would it?

;)
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Postby mainroy » Mon Oct 24, 2005 11:11 am

How many people,not site owners or staff,have been served legal notice for uploading via bitorrents in good old Holland.Has anyone with all the Hoo Ha from Brein been to court in Holland paid fines etc.?
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Postby AlexanderHanff » Mon Oct 24, 2005 11:15 am

mainroy wrote:How many people,not site owners or staff,have been served legal notice for uploading via bitorrents in good old Holland.Has anyone with all the Hoo Ha from Brein been to court in Holland paid fines etc.?


I suspect most people would settle out of court. But don't think just because it hasn't been reported it hasn't happened.

I fail to understand these posts from people who think they are immune. Do these people not read or watch the news? The world is a changing, even Swedish filesharers are no longer safe, which up until recently, was one of the safest countries in the entire world regarding this issue.

Now you can either live in your illusionary bubble, or you can face the fact that if you get caught, you are likely to get served.
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Postby mainroy » Mon Oct 24, 2005 11:45 am

I fail to understand these posts from people who think they are immune. Do these people not read or watch the news? I dont think Im immune but the chance of being caught, going to court, eventually paying a fine are the same as finding a needle in a haystack,shouting yippee! lifting it above my head and being struck by lightning.It could happen.I use like millions of others bitorrents and take my chances. I dont think helpfull,with the best intentions in the world, scare mongering is going to stop anyone.
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Postby AlexanderHanff » Mon Oct 24, 2005 11:50 am

mainroy wrote:I fail to understand these posts from people who think they are immune. Do these people not read or watch the news? I dont think Im immune but the chance of being caught, going to court, eventually paying a fine are the same as finding a needle in a haystack,shouting yippee! lifting it above my head and being struck by lightning.It could happen.I use like millions of others bitorrents and take my chances. I dont think helpfull,with the best intentions in the world, scare mongering is going to stop anyone.


Clearly you don't read the news then. This is nothing to do with scare mongering, it is a genuine and serious situation. By informing people about it, there is a chance they will take steps to avoid being caught. If you think sharing information about a potentially devastating situation is scare mongering, then you really have serious problems.

You might think that you are unlikely to be caught, I am trying to make sure this remains the case, but with the majority of the p2p community using services from the Netherlands and a published forthcoming action in exactly the same country which could expose the IPs of a huge number of people, I am informing people, not scare mongering.

Be sure to let us know if you get served.
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Postby mainroy » Mon Oct 24, 2005 12:07 pm

If you want to help tell about the safer methods using bitorents.That should fit on the back of a stamp.Or usefull information over newsgroups and Peer2Mail,but even they are not fullproof.Oops! I scaremongered!
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Postby altpdend » Mon Oct 24, 2005 12:22 pm

AlexanderHanff
I suspect most people would settle out of court. But don't think just because it hasn't been reported it hasn't happened.

I fail to understand these posts from people who think they are immune. Do these people not read or watch the news? The world is a changing, even Swedish filesharers are no longer safe, which up until recently, was one of the safest countries in the entire world regarding this issue.

Now you can either live in your illusionary bubble, or you can face the fact that if you get caught, you are likely to get served


Do you believe everything in the news the same news that is owned by the same news company that owns the riaa and mpaa I am sure you work for the riaa if don't then just stop using p2p and go crawl in a hole and just wait for the bombs to fall
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Postby Draco888 » Mon Oct 24, 2005 12:27 pm

And here we go, another tsep closer to the next evolutionary jump for P2P.


If this scare and witchhunt continues they'll just force people to look into "anonimous" P2P , like ants and others.
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Postby GraphiX » Mon Oct 24, 2005 12:46 pm

why dont they just shut the internet down?
that seems to be what they are working for.

then they'd complain sales are still down
because people are raiding virgin stores for cd's
we then ask why is sales down because of this?
they then tell us because the people who got caught
raiding the major stores were arrested shot or jailed
therefore they couldn't purchase any more music
inside the big house. thus a lost sale.

so next they will be letting people of murder
and theft charges and when asked why?
they will reply with we'll with them banged up inside
they cannot purchase music so therefor we've lost
another potential sale.

my wet dream is to see an article of something
like the following...

*** Itunes and legal services shut down ***

internet users worldwide have pooled together
and decided to make a stand against DRM by
dropping there user accounts at the major services
itunes,yahoo,napster and other legal services.

a spokes women from one of the services above told
slyck for weeks now it seems like our services
are useless to the general public since we
raised the prices of our legal services we offer
every single user has droped there accounts.
our web traffic is 0.00% this is our 4th week
we've not seen a single user or sale.

the riaa is to blame for restricting customers
on what they can do or not do with their purchased media.

People are just not standing for it anymore
they have made a firm stand against riaa
and fighting them with the only way they can

with their wallets and purses.

^^^ the above i would love to see happen
omg would that just make them stop before they
actually do destroy everything we know and love in
this world. every single right is being removed
from every single person in this world because
of someone singing making noise.

because of the above it's turning the world upside down.
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Postby Allied » Mon Oct 24, 2005 12:48 pm

First and foremost, it appears NewNova.org will be BREIN’s primary objective. In addition TorrentSpy.com, Snarf-it.org, MiniNova.com, Demoniod.com and the smaller TripTorrent may also be under the gun. MiniNova.com may escape legal action. They are registered in the Netherlands; however this indexing site resides elsewhere.

Its "Demonoid" not "Demoniod".
And "Mininova.org" not "Mininova.com"


What about IRCspy? Isn't it run by the same people that run TorrentSpy? It'd make sense for both sites to be in the same country.
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