Comments on: Torrent site Sues CRIA

By: Torim

Torim — Sun, 14 Sep 2008 06:11:51 +0000

@Dead_Makis, what country are you from where stealing $20 puts you in jail. But murdering someone doesn’t? In my country (USA) if you get caught with murder you will without a doubt be going to jail. in some cases the death penalty, where applicable. But if you steal $20 from someone you will get a fine. (basically a slap on the wrist compared to the latter) I’m sure your country’s laws are not as you say, you seem to have a misconstrued vision of the law around you. In some cases as Rodney has pointed out you get into more trouble for piracy than drugs.

By: Rodney

Rodney — Sat, 13 Sep 2008 18:18:02 +0000

Whether you get away with a crime or what happens after the fact does not make it NOT a crime.

You can compare one crime to another when the discussion is “WHAT IS ILLEGAL”…. because the topic isnt penalty, or odds of you getting away with it, or getting a lawyer to get you out of it.

Illegal is illegal. Regardless of the crime.

By: dead_makis

dead_makis — Sat, 13 Sep 2008 17:46:43 +0000

TO RODNEY:
If you steal 20 dollars from someone because you need it, is a crime. If you don’t have money for a laywer you end up in jail. Killing someone is a crime get a good laywer and you are out of jail (in some cases). There are a lot of crimes and you just can’t compare one crime to another, espacially 2 so different crimes like movie piracy and drugs to make a point.

By: Torim

Torim — Sat, 13 Sep 2008 04:35:13 +0000

@Mike obviously if you inform an undercover detective where drugs are sold without knowing who he/she was you will get busted, but the whole point is if you tell a normal run of the mill person and he/she goes to the police and tells them you pointed out a drug dealer for the sake of purchasing something. That can be fought in court as a “my word against your word” there isn’t any “real” evidence of you committing a crime.
@Godfather you said “Whether or not Google knows all of the sites it shows in searches are legal or illegal is not relevant. If they know that those sites linked are illegal, they then are aiding the activity to take place.” Of course Google knows that they link to illegal sites, its like saying that i started to grow a garden, and i threw a bunch of random seeds into the soil and some happen to be marijuana plants, does it make it more or less illegal that i have them growing without my knowledge in my backyard? No i will get fined/charged the same just as if i planted them there on purpose. Also, you seem to contradict yourself by saying it is not relevant that Google knows they link to illegal sites then you continue to say that if they are linking to said sites then it is aiding criminal activity.

By: Mike

Mike — Fri, 12 Sep 2008 23:58:53 +0000

I don’t know Canadian law, but in US law in drugs it would be a violation of the law. I have heard of a court case which this had occurred.
A man directed an undercover cop to where he could by drugs. Once he gave him directions he is considered an “accomplice” to the drug leader.The man was convicted to two years and prison and a fine.
I do legal studies and find this case to be one of the most frustrating ones.

I also agree with Rodney’s claim that committing a crime is comparable to committing a crime.

By: Rodney

Rodney — Fri, 12 Sep 2008 22:36:41 +0000

@Dead_Makis… How is commiting a crime not comparable to commiting a crime?

Just because you rank them differently on your moral scale does not make it any more of a crime. In fact, you can get punished far more harshly for Piracy than you can for Drug Trafficking.

How’s that for fair?

By: bigsampson

bigsampson — Fri, 12 Sep 2008 22:29:32 +0000

i say it isnt bad…..but i am a communist so…SHARE DAMN IT!

By: bigsampson

bigsampson — Fri, 12 Sep 2008 22:22:26 +0000

drug dealers n piracy are not the same……sure u might have a license but can u drive a motorcyle? no ….just like your analogy rodney….though i completey understand what you where going for….both are illegal….but the fact is that if you smoke meth over a 100 times….you have a problem…where as if u have downloaded 100 torrents….then your average …..so…..ya……naked fat chicks are naked chicks but….do u really want to sex them up over the non fat chick…..idk do you?

By: dead_makis

dead_makis — Fri, 12 Sep 2008 20:36:25 +0000

Fisrt of all comparing drug dealers to piracy is stupid to say the least. Yes there is a moral issue here but drugs and movie piracy are two completely different things in any way I can think (morally too).
i don’t think that isohunt suing the CRIA is something you can support, but you made something even worst comparing drug to piracy.It’s like you saying all this people who download or share movies they must feel the same guild as giving someone or taking drugs. How stupid is that? In big matters like drugs maybe we must be more carefull in what we say.
I am not sure about stoping sites like IsoHunt. But i’m sure that in some years (or less) the big movie studios will start cooperation with them as the music industry made with Napster. And I believe that suing the CRIA maybe is the first step (think that over and you will see my point)

By: GODFATHER

GODFATHER — Fri, 12 Sep 2008 20:28:07 +0000

Rodney

Actually, the aiding and abetting is correct for the simple reason that you know an illegal activity is taking place, and are condoning the action to happen. You are now subjecting heresy (my word against yours) into the argument, and that’s not the point of the argument. If you knowingly acknowledge a crime is taking place, and do nothing to refute it, you are enabling the crime to happen and therefore are subject to criminal actions. Whether or not Google knows all of the sites it shows in searches are legal or illegal is not relevant. If they know that those sites linked are illegal, they then are aiding the activity to take place.

The argument of whether or not you allow a crime to take place is on your shoulders, and by condoning the action, you are saying “it’s ok for this illegal action to happen” and therefore can be charged under the criminal code of Canada.

Let’s not confuse the arguments you are making here: The torrent site is not doing anything illegal, other than allowing the transfer of copyrighted materials. Whether or not they have the files in their possession or not is not the argument. They are allowing the transportation of the stolen property through the use of their service. That is why they are getting sued. If they allowed only content that was not pirated, there wouldn’t be a case. However, by allowing the movement of copyrighted materials through their service (knowingly) they are allowing the illegal actions to work through them, and are subject to the laws of this, and other, countries.

Let’s use a different analogy for a moment: smoking under the age of 18 is not illegal, but buying/selling cigarettes by/to a minor is. IF you’re standing outside a convenience store and a minor asks you to buy a pack of smokes for them, hands you the money, and you go inside, buy the smokes and come back out and give them to the kids, you are doing an illegal act and can be prosecuted for it. On the other hand, if you have a smoke in your possession, and give the kid a smoke, you are not committing an offence and won’t be charged (maybe discipline is in order, but it’s not criminal). There’s a minor difference in the action, but a major difference in the consequence.

Put in another way, if you know the store is selling cigarettes to minors and do not tell them to stop the illegal action (either by your word or by getting the authorities involved) you can be charged with aiding the criminal intent (not saying you will be but that you can be). Remember that there are different laws for different actions. Just because you are not profiting from the action, does not mean you are not committing an illegal action.