Sites freak out after OiNK raid

[TheFoX]

The point is that all of the MySQL database would be inadmissible as evidence, since it says Jack Shit about anything (admin tools on OiNK would allow a staffer to change almost anything related to a user account).

The only data that the authorities could use would be logs of transfer indexed to actual material being shared, such as the precious pre-releases we keep hearing about. This is not the OiNK server logs, since they will only show who connected to the site, and when, and not what they were actually doing.

Remember that a torrent tracker is purely an indexer, and NO actual data passes through it. ALL data sharing is done directly between the peers, and the only rational way to obtain peer data is if a spy was in a swarm, recording the IPs of those sharing the data.

It is NOT illegal to visit an indexing site, or even a warez site. The crime is committed when you are in the act of actually up/down loading copyright data, and this happens outside of the tracker. All you do, from time to time, is tell the tracker how much data you have uploaded and downloaded since the last announcement to the tracker.

If you visit a kiddie porn site, then that IS illegal, since the kiddie porn is actually being hosted on the site, and you are considered a participant in a crime. If you visit a site that hosts links to kiddie porn, you are NOT committing a crime until you click those links.

With a torrent file, you can download as many torrent files as you like, even if their title insinuates that it may be copyright material. That is NOT illegal. What is illegal is when you use a torrent file in a torrent client to actively download the copyright material.

Remember that the act of sharing copyright material is what you can be prosecuted for.

As for running a site that has links to copyright material, that is very much a grey area, since there is the crime of facilitating copyright theft.

OiNK may have a defence, simply because he allows so many to upload and download, that it would prove almost impossible for him to monitor what is legal content, and what is illegal content.

There may also be another defence for OiNK. If he has received take down notices, and abided by the authors wishes, then he has complied as any website owner would. If he has NOT received any take down notices, then he could argue that he was NOT made aware that his members were infringing copyrights.

I know of several sites where it categorically states that if YOU are the owner of any posted material, to please contact the administrators to have the material removed. If the BPI and IFPI has not used this avenue to have music removed, OiNK could argue that he was not being made aware of any issues, and that he feels that the industry is making an example of him, when they could have simply asked.

Of course, a lot depends on how OiNK ran his site. If he was asked to remove material, and he flatly refused, then the BPI and IFPI would have an extremely strong case against him.

Naturally, there is a lot more to this than meets the eye. Any self respecting admin will remove any offending material, to save face. Only an arrogant admin would laugh in the face of the copyright owner (excepting TPB which does it for our amusement).

[psxcite]

I don't know about the laws in the UK, but undercover officers in the States break the law on a daily basis to collect evidence on a case.

For instance, a narc will buy and sell drugs for months, even years to make a case against a dealer. I don't see how downloading and getting a seedbox to infiltrate a tracker would be any different.

[luckylittle]

You're missing info about ViPMusic on the first page

[Dr.JUVE]

some sites are freaking out but other like SCT upload alot of music torrents after oink closed

[wildbytes]

WB was acctually in the process of closing their signup/invites system about 2 months ago. They have been using & or working on, a similiar system to what TDC uses from what Wild has been telling me for a while.


TL has been in the process of disabling their invites for a while. If you recall a few weeks ago they had them closed and were actively banning a whole lot of traders/invite traders in heaploads.

ya. apparently the oink shutdown was the result of a 2-year-long investigation. took them that long to shut down one tracker..

It's called, collecting evidence.

2 yrs sounds about right. I remember when I had my visit they mentioned it takes even FBI TEAM an average of 2 yrs to collect enough info and catch even 1 scener. Think of all the proof they need/ as well as all the paperwork they have to push to get anything done.

yep for the most part this is right. but yesterday i told some staff on here some of my new plans. Which does will start in the next week or so.


1. invitye system removed for site code.

2.locked doors and ban everyone that even trys and trades a wb account.

3 well 2 or 3 more huge things but not getting intot hat on a public forum. but Melvinmeow if you want to know just come find me on msn or halo .



Wild

[BawA]

edit: WT

[znik]

I just wonder how could only the removal of the invitation system help the trackers become more safe...

The BPI,or IFPI or any other spy have probably already access to other trackers, so that alone would not help much I guess Mr Wild.

[wildbytes]

thats not really what we going for. But if your a member you will find out real soon. For the most part wb is going to change in a huge way. i wont get into all of it because welll its not something i want on a open/public forum.



Wild