AfterDawn: Tech news

TorrentSpy ordered to log user activity for MPAA

Written by James Delahunty (Google+) @ 11 Jun 2007 15:44 User comments (30)

TorrentSpy ordered to log user activity for MPAA TorrentSpy, a popular BitTorrent search engine, has been ordered to log the activities of its users. The order was made by federal Judge Jacqueline Chooljian on May 29th. Chooljian however, has granted a stay of the order on Friday to allow TorrentSpy to file an appeal. The appeal must be filed by June 12th according to TorrentSpy's attorney, Ira Rothken. TorrentSpy's privacy policy specifically states it does not log user activity.
"It is likely that TorrentSpy would turn off access to the U.S. before tracking its users," Rothken said. "If this order were allowed to stand, it would mean that Web sites can be required by discovery judges to track what their users do even if their privacy policy says otherwise." The Motion Picture Association of America (MPAA) sued TorrentSpy back in February 2006, accusing it of, "making it easier to download pirated files."

According to Fred von Lohmann, an attorney with the Electronic Frontier Foundation (EFF), who called the ruling "unprecedented", the decision could have a chilling effect on e-commerce and digital entertainment sites. The EFF is currently reviewing the courts decision and von Lohmann said so far it is a "troubling court order."

"In general, a defendant is not required to create new records to hand over in discovery," von Lohmann said. "We shouldn't let Web site logging policies be set by litigation."

Source:
News.com

Previous Next  

30 user comments

111.6.2007 16:27

Quote:
TorrentSpy, a popular BitTorrent search engine, has been ordered to log the activities of its users.
Ive never used this website for my torrents and due to the above reason i will stay clear of it all together.

211.6.2007 17:11

RESISTANCE IS FUTILE!
I think they should house these criminals of society in Alcatraz
because I wouldn't want them to mix with lesser criminals such
as rapists and murderers as it may influence them.
Excuse me while I bathe myself in Bleach,I'm feeling so dirty
after reading all this filth!

311.6.2007 17:31
BIGnewb
Inactive

damn i used torrentspy but in canada downloading is still legal only uploading is illegal.but the united states is bullying canada into changing their laws.hope torrentspy wins because if you sue any torrent website you might as well sue google because you can also find torrents through it.

411.6.2007 19:02

Originally posted by BIGnewb:
...you might as well sue google because you can also find torrents through it.
That was the argument TorrentSpy used last time in court, and they won. I wonder if legislation like this will ever be imposed on private trackers?

511.6.2007 21:31
webe123
Inactive

Quote:
Originally posted by BIGnewb:
...you might as well sue google because you can also find torrents through it.
That was the argument TorrentSpy used last time in court, and they won. I wonder if legislation like this will ever be imposed on private trackers?

It simply does not matter HOW many laws are passed....until they effectively enforce them, it is a moot point.

612.6.2007 2:20

This is a sad day in US politics.
Simply downloading a torrent file isnt (or at least SHOULD NOT be)illegal.
Hate to say it, but as a US citizen, i am disappointed in my government when these things happen.
This is bad news for everyone.

712.6.2007 2:46
cousinkix
Inactive

There is a program called Hide IP Platinum. Use it to re-route from banned countries, to another place in the free word. Then download from TorrentSpy if you like.

Another US court tried to rule the world; when it outlawed "DVD X Copy". The illegal software continued to exist on a Chinese warez site for a long time afterwards. Other programs that do the same thing have since replaced DVD X Copy. So that court case is a moot point as well.

812.6.2007 7:57

Originally posted by jb2453:
This is a sad day in US politics.
Simply downloading a torrent file isnt (or at least SHOULD NOT be)illegal.
Hate to say it, but as a US citizen, i am disappointed in my government when these things happen.
This is bad news for everyone.

Personally I agree with you. I think all this kind of stuff has gotten worst since our sad version of president "Bush" is using this stuff and other things as diversion from what its really going on. It really sucks that they have all this time, money, and effort to focus on shit that isnt hurting nobody. A lot of these same corporations are doing worst crimes then a normal criminal do but those things arent important until someone leaks it to the public then its a problem. They dont even prosecute those corporate idiots like they are trying to get people for downloading and uploading. Its also funny how they are whining about this stuff when some of there own people leak screeners and so forth to some of these same sites. But thats another issue they wont resolve. Its easier to target people who dont have much money or those whom have some and take them for what they can get. They are like Robin Hood with the reverse effect taking from the poorer and giving it back to their selves.

912.6.2007 13:01

Not to side with either side of the political aisle, but Clinton was far worse than Bush ever was at taking our freedoms away. Do the research.

1012.6.2007 13:22

Originally posted by windsong:
Not to side with either side of the political aisle, but Clinton was far worse than Bush ever was at taking our freedoms away. Do the research.
Thats total BS do i have to remind you of the Patriot Bill.....Americans have no privacy Thxs to Bush.

1112.6.2007 14:28

Originally posted by windsong:
Not to side with either side of the political aisle, but Clinton was far worse than Bush ever was at taking our freedoms away. Do the research.

Personally i think your completely wrong and as far as a complete debate on this subject I wont get deep into it because its no on the topic just was a reference for all the crap that has come up since bush has taken over office. As i said earlier it has gotten worst since hes been in office. All these BS things that have happened over the last few years have directly been tied to his administration.

1212.6.2007 17:05

Ghostsurf is another program .. Theres tons and always will be so the can byte me..

1313.6.2007 0:10

I am no legal expert so i apoligize if my info is incorrect
What I was trying to say is that it really is a sad state of affairs when laws can be bent so far as to allow this type of behavior to occur in the first place.
Heres my point:
Torrentspy does not offer copyright material. They offer torrent files which have NO copyright. MPAA does not own the right to torrent files and therefore should have no case against this website.
But heres the problem...
A judge is basically an experienced lawyer appointed to interpret the law into these court cases. A judge should be able to look at this case and say within a short amount of time whether they are breaking the law or not. The problem is that lawyers have become so effective at trying to get their point out that the case often becomes overly complicated. This is why you'll see cases dragged out for months, years, or longer when they shouldnt take more than a day or two to decide.
At the end of the day, it doesn't matter whos right or wrong, it turns into a battle over who has the $$$ to stay in court longer.
Its bad news when its pretty much accepted that if you have enough money, you can do whatever you want, even the legal system cant touch you.

1413.6.2007 8:52

Crap dont use the spy anymore but they have external torrents on the demonoid site. This is very disturbing.

This message has been edited since its posting. Latest edit was made on 13 Jun 2007 @ 8:54

1515.6.2007 6:47

I think Ghostsurf is out there also.

1615.6.2007 10:08

I'm amazed anyone uses public trackers anymore. All they do is encourage hit and run and will never secure the uses of their clients.

1715.6.2007 13:24

Originally posted by jb2453:
A judge is basically an experienced lawyer...
You don't have to EVER study law (or even OBEY the law) to win an election as a judge.

1815.6.2007 23:05

Something really need to be done about some of these judges. I live in the western half of the US and we have had some horrible wild fires this past decade and a whole lot of trees have died from them. And of course the environmentalists don't want you to cut down trees, even dead ones. What they do is they file for an injunction with a certain judge (I will omit his name) because they know he is sympathetic to their cause and will rule in their favor (they were quoted as saying this in the local newspaper). Every ruling this judge has made has been overturned by higher courts yet he is still there, it is sickening. Just hope that Torrent Spy has the money to keep paying their lawyers to take this ruling to someone who isn't being paid by the MAFIAA.

1916.6.2007 6:16

noobs.. use private trackers

2016.6.2007 11:44

If ram is short term than only recent users ips will be logged, and not older users am I right. So why dont we just stop the American users from visiting the site?

2116.6.2007 11:54

Originally posted by fierce085:
If ram is short term than only recent users ips will be logged, and not older users am I right. So why dont we just stop the American users from visiting the site?
Cos that would cut down on like half the site's ad revenue I bet.

2217.6.2007 1:58

Quote:
Something really need to be done about some of these judges.

Yes, I agree 100%. For anyone wondering what can be done about this...
Vote. Tell your friends. Spread the word. If someone is elected who shouldnt have been, let everyone know why. Do whatever it takes. Doing nothing makes things worse.
This message has been edited since its posting. Latest edit was made on 17 Jun 2007 @ 1:59

2317.6.2007 6:28

Quote:
[quote]Something really need to be done about some of these judges.

Yes, I agree 100%. For anyone wondering what can be done about this...
Vote. Tell your friends. Spread the word. If someone is elected who shouldnt have been, let everyone know why. Do whatever it takes. Doing nothing makes things worse.[/quote]Doing nothing does the same as doing something when the majority of your administration is corrupt.

2418.6.2007 20:03
WierdName
Inactive

"making it easier to download pirated files."

?! Why not sue all the other torrent sites then?! What about search engines like Google, Yahoo, Ask, and others that can be used to find torrents? Why not sue the government for allowing the internet which is the primary means for illegal downloads/uploads?!

*rolls eyes and walks away*

2530.7.2007 23:14

As if torrent files could be made any easier....

2631.7.2007 9:46
WierdName
Inactive

Originally posted by Unfocused:
As if torrent files could be made any easier....
Well they could always have them completely automated so that the user already has the files when they get to their computer. OOOOH, or a service that tries to figure out your preferences then downloads software/music/videos that you will probably like.

2731.7.2007 12:06

Quote:
Originally posted by Unfocused:
As if torrent files could be made any easier....
Well they could always have them completely automated so that the user already has the files when they get to their computer. OOOOH, or a service that tries to figure out your preferences then downloads software/music/videos that you will probably like.
I thought they already had programs like that?

2831.7.2007 13:47
WierdName
Inactive

Really? For torrents?

2931.7.2007 17:07

Don't know if it was torrents but it would figure out what things you were into and download similar things.

3031.7.2007 17:41
WierdName
Inactive

I think you may be thinking about those TV things that do that.

Comments have been disabled for this article.

News archive