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Finally, Mininova under legal issues...
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feinicks
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Finally, Mininova under legal issues...
Quote:Even though Mininova currently is the most popular BitTorrent site with over 30 million unique monthly visitors, they somehow have managed to elude legal action while all the pressure has focused on sites such as The Pirate Bay and TorrentSpy instead. That’s about to change, however, with the site soon to be the target of a lawsuit at the hands of Dutch anti-piracy organization BREIN.

The lawsuit will focus on the question whether Mininova has to filter copyrighted media from their search results or not. According to BREIN, because over 90% of files tracked on Mininova are illegal they should start filtering search results, or face legal action. Mininova, for its part, maintains they have a notice and take down-policy just like YouTube and if a copyright holder asks the site to remove a file, they will simply comply. It’ll be interesting to see what the outcome of the case will be and just what implications it could have on the future of other BitTorrent sites.

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that leave isohunt if I am not mistaken.. almost all other real big sites have been targeted, but I don't see this stopping BT.. it just too vast now!

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21/05/2008 08:46 AM
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Wolf
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RE: Finally, Mininova under legal issues...
oh poo poo. I <3 YOU MN!


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21/05/2008 08:48 AM
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YoYoBallz
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RE: Finally, Mininova under legal issues...
Funny you should post this because I was just reading this

Quote:Anyone with an interest in BitTorrent sites will tell you that many of them are hosted in the Netherlands, due to what is perceived by many as a legal gray area. Dozens of sites inhabit the servers at hosts such as LeaseWeb, despite a few being kicked out or forced to move to other countries in recent months.

Known by most for its scene ‘warez’ release database hosted at NFOrce.NL, another major torrent site host is NFOrce, which gained mainstream notoriety after the OiNK tracker was busted while being hosted by the company. Now it seems that anti-piracy outfit BREIN - who received press this week for their announced legal action against BitTorrent giant mininova - has NFOrce and sites hosted there, firmly in its spotlight.

A few weeks ago NFOrce was approached by BREIN, who demanded the host to shut down SceneAccess (SCC) and hand over the identity of the site administrator. Initially, NFOrce did not respond to these demands, so in response, BREIN filed a preliminary injunction. A few days before this announcement SceneAccess mysteriously went down, with NFOrce claiming this was unrelated to BREIN.

Despite the fact that SceneAccess had moved to a new host outside The Netherlands, BREIN did not back off, and still demanded the customer information. Now, just days before the court hearing, NFOrce handed over the name and address information for the owner of SceneAccess which, luckily for them, turned out to be false.

The court case scheduled for today has now been canceled. BREIN claims that they are still owed costs relating to the case, but nonetheless, they are happy that their tactics of host-threatening are working, as other sites - and there are many of them - are said to be leaving NFOrce.

BREIN director Tim Kuik says that they don’t want hosts such as NFOrce “to be a safe haven for sites and servers that illegally offer movies, music, games and other interactive software”, whilst omitting to mention that BitTorrent sites host no infringing material. Going on to expand on the scope of operations, Kuik says: “These include bittorrent sites, edonkey, ftp servers and servers that carry out illegal activities. It is not the technology [at fault] but what those sites and servers do with that technology. If that is unlawful or invasive than wee take action. The hosting provider will be asked to take the site or server offline, and tell us who their customer is.”

BREIN would like to hold hosts liable for on-going damages if they keep torrent sites running when it becomes clear they are in possession of false contact details. NFOrce was encouraged to find additional information which would help in tracking down the owner of SceneAccess and hand it to BREIN, which it did. This information is still being checked, but will likely lead BREIN into another dead end, especially if the tone of the SceneAccess owner is taken into consideration:

“Well as some of you already know, BREIN threatened our host (NFOrce), and wee had to move. Wee are currently on a temporary server, wee will move to a new server (in a safe location) in the next few days. There’s nothing to worry about, our database server wasn’t on NFOrce, and wee securely deleted (38 passes) all files from nforce before wee left. Wee might have some downtime at some point (because of the move from the temp server to the new server) but keep seeding because, wee are not going anywhere”

After the initial panic and worry of pending legal action, champagne bottles will probably be metaphorically cracked open but sadly for them, BREIN won’t be getting drunk, at least not in celebration. SceneAccess is no longer hosted in the Netherlands, so BREIN can be congratulated for changing the location of the server, but without affecting the operational capability of the site - or identifying the owner.

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21/05/2008 08:49 AM
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feinicks
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RE: Finally, Mininova under legal issues...
what is ironical is that equal majority of people download via direct dl using MU or RS or other file sharing sites. These sites howeer seem to have immunity due to various reasons...

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21/05/2008 08:53 AM
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andrewcc
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RE: Finally, Mininova under legal issues...
i hope mininova wins..... wee're fudged otherwise

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21/05/2008 09:25 AM
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YoYoBallz
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RE: Finally, Mininova under legal issues...
andrewcc Wrote:i hope mininova wins..... wee're fudged otherwise

No wee're not.  Public trackers For the loss

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21/05/2008 09:31 AM
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roberth
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Post: #7
RE: Finally, Mininova under legal issues...
Nah, were not screwed, but it will be a sad day the day Mininova goes down...that was the site i downloaded my first ever torrent off...

21/05/2008 09:43 AM
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u_c_taker
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RE: Finally, Mininova under legal issues...
yeah i hope it doesn't go down

21/05/2008 09:48 AM
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Nacos
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Post: #9
RE: Finally, Mininova under legal issues...
I wouldn't even notice... I'm an active member on like 10+ private trackers... public For the loss.

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21/05/2008 10:04 AM
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dedat
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Post: #10
RE: Finally, Mininova under legal issues...
Nacos Wrote:I wouldn't even notice... I'm an active member on like 10+ private trackers... public For the loss.
* dedat agrees..private trackers are the best.
21/05/2008 10:33 AM
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