ISP Refuses to Block Pirate Bay, Gets Sued

By Kevin Parrish, published on June 18, 2009 at 2:20 PM
Source: Tom's Guide US | Keywords: , , , | Themes: The Internet
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Another ISP is heading to court because it refused to block access to The Pirate Bay.

Back in March, the International Federation of the Phonographic Industry (IFPI) sent a warning letter to Telenor, a Norwegian Internet Service Provider, and demanded that it block access to The Pirate Bay file-sharing site within fourteen days. The IFPI said that if Norway's largest ISP did not comply, the IFPI would be forced to take the matters to court as it previously did with Tele2.

The IFPI won a small victory last year when a Danish judged ruled in favor of the organization, and ordered Tele2 to block the torrent site. The reasoning behind the judgment was that Tele2 subscribers were transferring copyrighted material through the ISP's routers.

However, according to TorrentFreak, Norway's Telenor wouldn't be bullied despite last year's verdict. “This would be the same as demanding that the postal service should open all letters, and decide which ones should be delivered,” said Telenor's Ragnar Kårhus. He also stressed that the ISP doesn't follow the demands of the music industry, but rather the demands of the law. With that said, Telenor refused to block access to the Pirate Bay from its subscribers, claiming that there was no legal basis for any ISP to "act in the interests of digital intellectual-property rights holders by blocking individual Web sites." Telenor welcomed the IFPI to file its lawsuit. 

"Telenor is the biggest ISP in Norway, so the movie and record companies are hoping to make an example out of us and that other ISPs will then follow," said Atle Lessum, head of information at Telenor Norway. She also said that blocking sites like The Pirate Bay doesn't solve the problem of illegal file sharing, but rather directs the problem elsewhere.

Taking the bait, the IFPI and several movie studios are taking the ISP to court. “We want to highlight this problem," said Sveinung Golimo, a representative of Norwegian filmmakers. "We do not wish to censor the Internet but we do want the possibility to make a living on what we create."

Outside its legal battles with ISPs, the IFPI may eventually face a lawsuit filed by The Pirate Bay itself, as the team believes that the IFPI has a monopoly on distribution. "We're breaking that monopoly, and in turn they sue people that allow access to our distribution method, said Pirate Bay's Peter Sunde. Of course, with that statement, he neglected to mention that Pirate Bay's distribution model involves copyrighted material. Still, Pirate Bay believes it has a case of unfair competition, and is currently offering its users several tutorials on how to get around the ISP roadblocks.

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marcus_br 06/18/2009 8:43 PM
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Anonymous 06/18/2009 9:31 PM
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uhm....didn't you went into the restaurant and smell something is good and you wanted to order it too? This part is no cost to you, but later if you paid for the food and still think it is bad cooked, what next? Will the store owner charge you for "sampling" the smell or you will ask for a refund on the part you ate?

ckthecerealkiller 06/18/2009 9:31 PM
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marcus_br :
I have simpathy for both the ISP....and the IFPI.If you do block a site, a new one will be born, that's the wrong way of solving it...however i have no idea on how to solve it.Obviously pbay isn't right either, in fact, their arguments are just retarded.Just as retarded as it's saying "i wanted to hear first before buying" or whatever crap (complaining about prices etc).There's no such thing as "check if it's good" on real life, someone has to pay something, somewhere.Nobody will do it for free on all the levels required for the content to reach the user and then the user decide if it's good or not.The old (and retarded) argument of "i already had bought it and wanted to save on the new pc" isn't of much help either, unless a few hundred million people loses at least one CD on a daily basis.



I disagree with your try before you buy comment, I think you generalized that comment too much. There are many companies that allow you to demo something before you purchase it. Valve software does it with every one of its games at the time of release. Last I checked they were doing ok for themselves.

Oh and I guess someone that might want to play a game on their laptop, that they purchased legally, should have to lug around every single disk for every game they might want to play with them.

Do I disagree that we not combating this problem correctly, no. Oh and yes I know that most of the downloads going on are illegal. My point is though that a lot of these companies brought this upon themselves. Do you have any idea how bad the DRM was on Spore? Then look at the Sims 3 NO DRM! And it is EA's biggest PC seller to date...

verenos 06/18/2009 9:49 PM
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marcus_br 06/18/2009 9:51 PM
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marcus_br 06/18/2009 9:52 PM
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gi khi :
uhm....didn't you went into the restaurant and smell something is good and you wanted to order it too? This part is no cost to you, but later if you paid for the food and still think it is bad cooked, what next? Will the store owner charge you for "sampling" the smell or you will ask for a refund on the part you ate?



You can smell as much as you want (30 second sample clips, demo versions of games)...you can't eat everything and then decide later on if it was worth or not.
The developers do not work that way, the company does not work that way, NOTHING works that way.

thegh0st 06/18/2009 10:04 PM
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I am not condoning Pirate's Bay (not condemning either)- to each his/her own (trying to be neutral)- I do like someone accusing the IFPI as a monopoly though. Now we just need someone to accuse the RIAA of such a thing.

Dekasav 06/18/2009 10:33 PM
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To whoever said trying before buying doesn't exist in real life, when's the last time you went to a store (K-Mart, Target, Best Buy, etc.) that didn't have a 30 day, full refund policy for everything that isn't video games/music/dvds?

nachowarrior 06/18/2009 10:50 PM
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"We do not wish to censor the Internet but we do want the possibility to make a living on what we create."

what it really means:

"We don't know what the public REALLY wants or how to deliver it to them properly so we're going to sue the shit out of everyone, spending more on lawsuits and lawyers than we'd ever actually 'lose', and we all know that there is no way to quantify POTENTIAL profits, so we will just sue them for what we'd charge multiplied by how many times we know it was downloaded even though it's an astronomical amount of money and the sales numbers would be unprecedented in the industry... ever"

you're welcome for the translation of all these useless law suits.

nachowarrior 06/18/2009 10:51 PM
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i missed a **most** in there at the end.

marcus_br 06/18/2009 11:38 PM
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gorehound 06/18/2009 11:45 PM
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If folks get really angry at RIAA,etc. then why don't they do the same as I do.
1.I buy no large label music products
2.i buy no music form artists who sign with RIAA
3.i only support and buy that is small label and local music.there are a ton of music from artists like myself who will never sign with the shysters so do not think that there is no good music unless it comes from a large label.
4.i buy very little new movies
5.when i do buy movies i buy em used so the shysters won't make profit off me.

when will we ever have a international boycott where you get millions upon millions of folks going on as buying boycott against shyster studios who are quick to rip us off.

Anonymous 06/19/2009 12:50 PM
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the point is its not the ISP's fualt what people are doing on the internet. Its alot like sueing the eletric company becuase someone is stealing TVs.

apache_lives 06/19/2009 1:09 AM
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arrrrr me maties! /pirate

audioee 06/19/2009 1:33 AM
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For all those people here that believe the record companies are robbing the consumer blind think again. All new artist get a multi-album contract that pretty much says that the record company gets their money back first and then the artist gets their money. So this leads to...

If the artist's first album does not do well enough to cover all the costs of production, marketing, and distribution of said album, the artist will not make any money on that album; and any costs not recouped from the first album will be recouped from the sales of a second album... and so on.

Also, the artist does not get paid until everyone else, managers, agents, lawyers, promoters, songwriters, and producers, get paid. This will come out of the money after the record company gets theirs first.

So, in the end a new artist might make $0.10/sale if the album is a hit, i.e platinum or better sales. He or she will make nothing if no one buys the album.

And my second conclusion is, that YOU are not being screwed by the record company the artist is.

So if you like an artist that has a large record company behind them, buy their music and don't download it for free.

tayb 06/19/2009 2:10 AM
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kato128 06/19/2009 2:51 AM
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What annoys me about the RIAA etc is that they aren't moving with the times. If I was them I'd look at how and what people are downloading illegally and adjust the product distribution to suit peoples habits. People are more likely to buy something if it's what they want. People don't want to buy a cd with 12 tracks when they only like 1 track on the disk. iTunes is reviled by as many ppl as those who love it. People don't want their media to destroy their computer should they decide to play it on such a device. I fail to see why movies and music haven't come up with their own distribution method for the 21st century. Its almost like they're taking a page from the motor industry where they just do what they want and everyone is sposed to pay them for whatever crap they come up with.

r0x0r 06/19/2009 4:37 AM
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I can't tell you how many albums I've found on utorrent in 192kbps or better; there's even FLAC and WAV on there as opposed to the rubbish 128kbps record companies/distributors expect you to pay for.

Also has anyone else ever tried looking for "hard to find" artists? Faye Wong has sold tens of millions of albums and I can't find all the songs I like at a good enough quality for the life of me. So the best I can do is a torrent (of every song she's made, mind you) at 320kbps. Can I buy her CD's easily? HAHAHAHAHAHAHAHAHAHA!!!

kamkal 06/19/2009 7:51 AM
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How about a

"suck my balls" instead?

Anonymous 06/19/2009 8:05 AM
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Boy there sure are a lot of people from the riaa posting on this one!

madass 06/19/2009 2:11 PM
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If the IFPI cant make a iving out of what they do, how come they can
a) Afford to pay employees
b) Afford to stay afloat
c) Afford mega law suits
That too in the time of economic meltdown....

madass 06/19/2009 2:18 PM
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tayb :
In order for me to get a refund I would first have to do what? And most stores don't accept blanket refunds for opened items, most stores charge a 15% restocking fee.And who illegally downloads a song, decides they like it, and then goes onto iTunes and purchases that same song? Same thing goes for movies and software. The whole "try before you buy" doesn't make any sense. It might spur FUTURE sales but you still got that first item for free. Nothing is free.


I believe there is something called a live show?
Iron Maiden have sold 14 Million records. They do 200+ concerts a year. They also hold the record for the largest number of concerts in a year-295(World Slavery Tour, 1985). You can say the promoters, venue owners , record companies etc get max moolah. If
a) 1000 people watch each concert (the average Maiden concert has 50K, the record was 250K in Brazil, lowest 20K in India)
b) each pays USD 20
c)The band does 100 concerts a year(The bare minimum the band is expected to do if they want to get rich)
d) That makes USD 2 million
e) Assuming the band only gets 10% of the money. Thats USD 200000. If an artist "cant make a living" on that, then he/she is a greedy hog.

Parrdacc 06/19/2009 4:35 PM
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Government and special interest groups just trying to gain total control and/or push their own ideas and views on others. Here in America it seems to be everywhere. All of you over in Europe and elsewhere...Watch it!

-unknown- 06/19/2009 5:37 PM
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kato128 :
What annoys me about the RIAA etc is that they aren't moving with the times. If I was them I'd look at how and what people are downloading illegally and adjust the product distribution to suit peoples habits. People are more likely to buy something if it's what they want. People don't want to buy a cd with 12 tracks when they only like 1 track on the disk. iTunes is reviled by as many ppl as those who love it. People don't want their media to destroy their computer should they decide to play it on such a device. I fail to see why movies and music haven't come up with their own distribution method for the 21st century. Its almost like they're taking a page from the motor industry where they just do what they want and everyone is sposed to pay them for whatever crap they come up with.


+1

This is the key that everyone is missing. The traditional distribution model is severely outdated and inefficient. Artists make peanuts off of CD sales anyways which is why you never hear the actual artists complain but the distributors instead. The industry needs to harness this new distribution model (which the community is fronting the cost for) and use it to their advantage instead of trying to label everyone as criminals. Do you think people would bother pirating a game that's free with ads injected in it? I'm sure there would be a community dedicated to removing the ads but I guarantee you it will be nowhere near as big as the current pirating community is. Imagine the next NHL 2K10 game that has 3 minute commercial breaks in between periods during online matches. If I can watch a real NHL hockey game for FREE on TV I should also be able to play one as well using the same revenue model but no one wants to change this because its a big endeavor. The technology is there, the advertising potential is there, the comfort isn't because its untested. This is the same hesitation you're seeing in the auto-industry. People know there is a need to change our traditional sources of fuel used for transportation but nobody wants to step too far into new territory, they'd rather stay with something familiar and only change if absolutely forced to (like they have been lately).

Concerts and theaters are making MORE money today than they were before. The Video Game industry continues to grow and has every single year DESPITE an increase in piracy. Artists aren't starving and they're not finding it hard to make a living, distributors are because they continue to rely on an inefficient model that costs the consumer more than it should.

At the end of the day, I guarantee you will not find a single person who LOVES an artist and only owns a pirated copy of their work. People who truly appreciate an artist will buy their work. No one who claims to LOVE "The Dark Knight" hasn't bought the actual DVD or BluRay. People who pirate (copy) material aren't interested in paying $20 for it, the industry needs to figure out a way to get $1 out of them (or even better, out of an advertiser) by giving them another delivery channel which IS there, they're just not using it.

Think about how many people come to Tom's to read because its FREE. How many would still come to Tom's if it was subscription based? Would it be reasonable for Tom's to say they're 'Losing' money on all those people who are getting they're information from other free presses? Of course not, they'd tell Tom's to be free and rake in the extra revenue they'd get from advertising vs the subscription fees. Evolve.

Hanin33 06/19/2009 6:47 PM
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since when is anyone guaranteed a right to make money on anything? wasn't there a time that, if you made a product and couldn't get anyone to pay you for it, that you made something else or got into another line of work. wot i hear from the proponents of the music cartels is that they're not making a killing from records because there's no way of knowing wot the consumer will like till they've invested lots of money into production. how is this our problem? they choose to invest into something that they already know may or may not make them their money back. if the artist can drum up enough attention themselves, why should we be forced to pay the record companies anyway by way of bulk royalties on recording equipment and various other tariffs they place on things that may be used to replicate their awful products? it's insane to think that people can be convinced that anyone should have to be paid simply because they made an effort to produce something. the idea that people should be protected and laws drawn up to ensure they make money from everything they 'produce' is rather dubious. i'm a computer tech and there are no laws that ensure i have a job simply because i made an effort to educate myself in the field. if i can't find work or if people find my work subpar... i suffer and i have the decision to move to a different career or do better work. i don't sue employers because they're not paying me for the career i chose.

nachowarrior 06/19/2009 8:00 PM
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marcus_br :
We can retranslate that to pirate language too:



No. You can't.

estanenmi 06/19/2009 8:02 PM
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viva la pirateria...!!

IFPI and RIIA.. big money pig's fuck'em... live freedom.. support regional artist and low price, and good music, no pay for one famous song or movies garbage..

no more money for big pigs!

Antilycus 06/19/2009 8:15 PM
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Sadly enough, the amount of money a company makes or looses is more important then the rights of the people. GAH!!!!!!!!!!!! But, if there are a few honest judges out there, they should realize that the IFPI is NOT above the law... in fact no company or government is. Let them burn

turbolover22 06/19/2009 9:49 PM
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gorehound :
If folks get really angry at RIAA,etc. then why don't they do the same as I do.1.I buy no large label music products2.i buy no music form artists who sign with RIAA3.i only support and buy that is small label and local music.there are a ton of music from artists like myself who will never sign with the shysters so do not think that there is no good music unless it comes from a large label.4.i buy very little new movies5.when i do buy movies i buy em used so the shysters won't make profit off me.when will we ever have a international boycott where you get millions upon millions of folks going on as buying boycott against shyster studios who are quick to rip us off.




Unfortunately this comes back to bite those of us that do. The reason being now they ARE actually losing sales. So their numbers do now reflect a drop in sales, and when they misinterpret these numbers and attribute the drop in sales to pirating or whatever else they WANT to blame it does make for a more convincing argument.

Eventually things will change to the point that they will be forced to choose a new distribution method or financing method. As more and more people realize that the RIAA's numbers/theories are flawed and decide to stop feeding the beast... well that's the only way to solve this 'problem'. The question is, will it happen soon enough? Or will it not change until our kids are old and its too late?

rooket 06/19/2009 11:00 PM
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I'm glad I live in a free country ;) Although I don't really use pirate bay.

killerb255 06/20/2009 2:55 AM
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Why is it that every person that speaks even the slightest bit negative about piracy gets downrated here?


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