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Mininova Must Purge Copyrighted Torrent Links

- By - Source : Tom's Guide US

Mininova is now under the BREIN microscope, with a Dutch judge ordering its operators to remove torrent links containing copyrighted material.

Although perhaps not as widely known as the Pirate Bay, BitTorrent search engine website Mininova is now facing troubled waters as well, as a Dutch judge has ordered the site to remove all links to copyrighted content within three months. If Mininova does not comply, the site will be ordered to pay up to €5 million in penalties.

As pointed out by Ars Technica, Mininova's operators weren't charged with copyright infringement because the files transferred actually reside on millions of computers worldwide. Instead, the Netherlands uses a different tactic and recognizes "contributory copyright infringement." As with The Pirate Bay, the Mininova operators face such a charge even though Mininova has made it a "policy" to remove copyright-infringing links prior to the order.

The Utrecht court found Mininova guilty of "inciting copyright infringement in others"; Mininova was also making a profit off the BitTorrent links, racking in more than €1 million in 2007. An investigation of the site conducted back in June revealed that 80 to 90-percent of the BitTorrent links provided copyrighted material.

The judge also told the Mininova operators that they should assume that all commercial produced content is copyrighted unless Mininova knows otherwise. Of course, with links plastered on the front page leading to Fallout 3, District 9, and the Sugababes' "Get Sexy" album, the operators should already know what's commercial and what's not.

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rigaudio 08/27/2009 12:56 PM
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But .torrent files don't contain ANY copyrighted material.

leafblower29 08/27/2009 1:03 AM
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rigaudio :
But .torrent files don't contain ANY copyrighted material.



Good point.

matt87_50 08/27/2009 1:08 AM
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frozenlead 08/27/2009 1:39 AM
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There's a problem though. Windows and other software are copyrighted - but what if I already bought a copy? What if I lost the disk or are incapable of making a backup of it or translating it to another form so I can use it?

Of course, this is illegal for music and such...god forbid you use the things YOU bought which YOU own in whatever manner on whatever device in whatever format you want.

ukgooey 08/27/2009 1:48 AM
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Yeah, well. No argument with the law here. We really could do with accepting that what we (the majority anyway) do is wrong. And then find an alternative way to keep doing it.

Still, the way fines are decided are a joke. Those idiots really are just greedy twats. Makes me feel less guilty so it's not all bad.

pakardbell486dx2 08/27/2009 1:52 AM
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damn it!! not mininova................ :(

michaelahess 08/27/2009 1:52 AM
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I can directly "link" to other illegal content, by the phone. So what now, everyone that sells illicit materials will bring down a lawsuit on their telco provider for providing the means (a phone number) to traffic illegal goods? This is so unbelievably stupid!

bison88 08/27/2009 2:01 AM
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Mininova was as good as dead when they started the removal of tens of thousands of everyones torrents back in the early part of this year, TPB is dead, its time to find somewhere new if you are into torrenting. I honestly think these guys have more at stake pursuing people like Mininova, Napster, Kazaa, TPB, ect. because it keeps those mobsters and lawyers alive making money.

Piracy gives me flashbacks of the movie "21" where the mob is trying to be the eyes and ears in the new age of technology which does it better. RIAA/BREIN/MPAA/BSA refuse to accept and embrace the online spectrum and adapt and instead try and live in the past century. Maybe these guys need to join the military and learn the motto "Adapt and overcome"

doomtomb 08/27/2009 2:05 AM
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Core2uu 08/27/2009 2:06 AM
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wifiwolf 08/27/2009 2:07 AM
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Matt87_50 :
they contain the hash code to copyrighted material, and thus can be directly linked.



By that line of thought, By writting in my post "Microsoft windows 7", this is an infraction because I've written a name which is copyright protected even though I don't have the software it's related to.

If the problem is the hash, that have been made public from day 1 rtm on microsoft page.

Anonymous 08/27/2009 2:09 AM
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Waiting for them to go after www.google.com or www.msn.com since they host links to websites that contain copyright material o wait Microsoft/Google have the money and power to fight back never mind.

matt87_50 08/27/2009 2:13 AM
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okibrian 08/27/2009 2:27 AM
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pakardbell486dx2 :
damn it!! not mininova................


I know, mininova was the best of them all. They have a clean looking site and you can see others comments to know if the torrent was crap or not.

Core2uu 08/27/2009 2:39 AM
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dxwarlock 08/27/2009 2:48 AM
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long live Usenet newsgroups! still going strong after all these years

always felt torrent files was the trailer park of the pirate scene. like the flea market of piracy..where everyone and their grandmother could download torrents and then cry "wtf! how do I run a bin/cue file..is that the Mac version or windows?".



Blessedman 08/27/2009 2:57 AM
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Core2uu either way hurts the studios... They complain that piracy is ruining the market, but in fact the market has not changed. People that one can't afford to buy movies and or games are not going to buy them, so the studio's are not losing a sale. They were never going to make that sale so piracy doesn't hurt studio's it's a farce, it's a way to get out of paying the taxes they should pay. They can show on paper that they lost income due to piracy and write it off as a loss reducing their taxes. This is all just a scam, then they can sue people that will never pay (more write offs)... In fact they don't want these people to pay then they would have to pay the taxes on the income.

Shadow703793 08/27/2009 3:05 AM
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Quick! Some one put up the entire Mininova site (backup)on Torrent!
See: http://www.downloadsquad.com/2009/ [...] torrent-i/

I wonder how big it would be? 18GB?

Core2uu 08/27/2009 3:19 AM
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@Blessedman: Do you really think that many pirates can't afford to pay? or is it that they just don't want to...

And this tax thing is really kinda stupid... I think the studios would rather that the consumer would pay for the goods they produce rather than write-off lost revenue for all of us taxpayers to pay off... I mean, look at it... do you honestly think the amount they save on taxes is the amount they would get if everybody paid for the games/movies they would buy?

If what you say is true, then what happens here is taxpayers are paying for pirates' games and movies... Once again, thanks pirates.

soldier37 08/27/2009 3:22 AM
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Take out mininova 10 more pop up. They will never get them all. It's evolutionary just like people went from napster (pre legal) then limewire then torrents. There will always be ways to get the files your looking for.

Anonymous 08/27/2009 4:01 AM
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your welcome Core2uu..anytime

Anonymous 08/27/2009 4:06 AM
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It seems obvious to me. With so many people doing it, then it should just be made legal.

Core2uu 08/27/2009 4:07 AM
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Fed Up :
It seems obvious to me. With so many people doing it, then it should just be made legal.



I honestly can't tell whether that's a joke or you're actually serious! xD

dxwarlock 08/27/2009 4:09 AM
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why do the legal folks think stopping torrents will help pirating? torrents are the bottom feeders of piracy.

think of a newly released pirated game as a new car..
the equals are:
1.)Release group dropping to a TopSite = New car from manufacturer

2.)Racers Racing to put on FXP boards/Usenet = Buying that car from Lot

3.)Copiers Making mirrors of that FXP = Giving Car as a gift to Child for birthday

4.)Leechers spreading that to friends = selling car used

5.)Friends making a torrent of it to upload to site = Selling that car in your driveway after 15 years with the good selling point is "COLD A/C!!"

so taking down the torrents is like trying to wipe out the Ford car company by removing all the used cars on the side of the road for sale.
They are just stopping the second hand market..not the source.

gekko668 08/27/2009 4:43 AM
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NOOOOOOOOO.... Not Mininova. DAMN YOU BREIN. What's next? you're going to charge people for breathing too?

megamanx00 08/27/2009 6:03 AM
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And so the piracy sites fall. Well mininova is rather brazen so it was only a matter of time. What I'm worried about is governments monitoring internet traffic legal or not. Last thing we need is for big brother to have more ammo to "justify" monitoring your every move.

n3ard3ath 08/27/2009 6:11 AM
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People tend to take things for granted. Saying taking a torrent site down means 10 more will pop-up is kind of stupid. It's clear copyright protection agencies are taking ground there, something new got to replace it, but that doesn't mean it will necessarily come down the road anytime soon. Also, the fact the torrent phenomenon been so hard to fight against strenghtened copyright laws, making it a whole lot harder to come out with an alternative to easy piracy than it was 10 years ago.

n3ard3ath 08/27/2009 6:12 AM
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megamanx00 :
And so the piracy sites fall. Well mininova is rather brazen so it was only a matter of time. What I'm worried about is governments monitoring internet traffic legal or not. Last thing we need is for big brother to have more ammo to "justify" monitoring your every move.



Good point.

Anonymous 08/27/2009 6:36 AM
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the method will evolve//////// people will share ////lets see the chase and run of these two forces....with the rise of social networking and ever increasing internet speed.............sharing is probably going to increase even more..

Clintonio 08/27/2009 6:43 AM
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While I've used torrent sites more than I should, I can say another user had a point.

We can try to claim the torrent file isn't "Illegal" and doesn't contain any copyright material and just a hash, but that's no difference to saying that the word file on your computer doesn't contain a bank robbery, just the plans for one (which are set to be carried out today, say).

It's easy for anyone with slightly advanced computer knowledge to try to reduce what we're doing into such simplistic terms that it almost sounds like they're targeting innocents, but, it's arrogant.

Either way though, I think the entertainment and software industries are far too used to the ridiculous profits they got last century, and, I don't like it. Half of the stuff they sell isn't even worth it.

Relayer 08/27/2009 9:40 AM
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Sites will just pop up in countries where the law will ignore them. The same way Switzerland and Monaco don't care where the money in your bank acct. came from. The industry needs to change their marketing. It's the only solution. Evolve or go extinct.