Court Case eases up on Piracy

What is a downloaded movie worth? What is a reasonable punishment for a person who downloads a movie, and one that uploads a movie? Is piracy theft, or should it just be consider plagiarism?

Internet piracy is still a relatively new phenomenon, most countries are currently far from nailing down their legislation on the spectacle, and the debate is well under way on how piracy should be treated in the justice system. Sweden, being a fore runner when it comes to both Internet piracy, and piracy prevention, is still leagues from a solid answer.

Therefore, leading judgments are important, and since the Internet and information sharing is global, it is very interesting to examine how other countries deal with their cases of piracy. A case well worth putting under the microscope is a subpoena from the U.S.; Malibu Media Llc vs. John Does.

Malibu Media Llc saw how some of their movies (and other IP products) were leaked on the Internet. The company then tracked the IP-address used for sharing these files over a Bittorrent protocol, and based on that IP-address the company found the uploader. This time it happened to be a home user rather than a public hotspot. Subsequently geo-location was used to find the physical address, and the subscription service used, and thereby identified the physical person behind the uploads.

Or so they thought.

The law suit is as a classic example of what may cause many pirates to choose to hide their IP-address, i.e. example via VPN services, but interestingly enough, the judge in Florida decided to go a different route. The judge ruled that although the address was correctly identified, you cannot rule out the possibility that someone else used the computer. Home networks and home computers are after all often shared by several people.

Similar judgments have been identified previously in the U.S., and seems to be increasingly common. In Sweden we have had relatively few court cases of piracy that had been triad on the basis of IP-address, but this case may be setting the stage for how these cases can come to be interpreted.

What do you think about internet piracy? Please comment below. 

Google Taking Action for Free Speech

In an obvious nod to the recent controversy surrounding the freedom of speech on the web, Google is now taking a clear stand, advocating for a free and unsupervised Internet. It was on Wednesday, January 18th, that Americans stood up in opposition to PIPA and SOPA – bills that would have censored the Web and imposed harmful regulations on primarily U.S. businesses, but also the entire world.

Individuals took action and closed down their personal blogs, companies closed their websites, and thousands of US citizens called their elected representatives in Washington, voicing their mistrust. Their voices were heard. Washington recognized the damage these bills could inflict on the Internet, and as a result, PIPA and SOPA have been indefinitely postponed. However postponed is not good enough; these bills needs to be buried forever. Google recognizes this, and is not petitioning everyone to sign up for a free Internet.

This development follows quite expected from the recent year’s disclosure of Internet espionage. It may seem like ages ago now, but it has not even been a year since former CIA employee Edward Snowden ,in a series of exposés beginning on June 5, 2013, publicized thousands of classified documents to several media outlets. The leaked documents revealed operational details of global surveillance programs run by the NSA, and the other Five Eyes governments of the United Kingdom, Australia, Canada, and New Zealand, with the cooperation of a number of businesses and European governments.

Within the immediate days that followed Snowden had gotten his passport revoked, fled to and from several different countries, charged with espionage, and quickly seen himself go from patriot to traitor. However some people would say that he has made the exact opposite journey, and gone from traitor to patriot. Seldom has one man been called so many different polar opposites; a hero – a villain, a savior – an enemy, a patriot – a traitor.

The disclosures have fueled debates over mass surveillance, government secrecy, and the balance between national security and information privacy. Two court rulings since the initial leaks have split on the constitutionality of the NSA's bulk collection of telephone metadata, and most would argue that NSA have greatly surpassed their jurisdiction.

Espionage and terrorism have always been the dark side of freedom of speech, and will probably continue to be so until the end of man. The Internet has since the beginning been open and free, and has lately played pivot roles in aiding freedom around the world. Countries like Alger, Tunis, Egypt, Syria, Libya, and Yemen would not have started their paths towards democracy had it not been for the Internet. The Internet has help to uncover racial prosecutions and injustices in Saudi, Oman., Iraq, Djibouti, Sudan and West Sahara, and has also recently shined a strong light on the homophobic nation of Uganda, leading to western countries boycotting the African nation.

I short the Internet was born, and shall remain, free.

Governments alone should not determine the future of the Internet. The billions of people around the globe that use it and the experts that build and maintain it should. A free society depends on free expression. The flow of ideas and open access to information on the web helps communities grow and nations prosper.

https://www.google.com/intl/en/takeaction/

This may be the most important stand we ever make, and Google is leading the way. Please read the petition and get opinionated.

Do you think governments should be able to restrict the Internet? Please comment below.