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Cartel
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join:2006-09-13
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Police Raid 9-Year-Old Girl, Confiscate Winnie The Pooh

An anti-piracy company has found itself in the middle of a huge controversy. CIAPC, the company that had The Pirate Bay blocked by ISPs in Finland, tracked an alleged file-sharer and demanded a cash settlement. However, the Internet account holder refused to pay which escalated things to an unprecedented level. In response, this week police raided the home of the 9-year-old suspect and confiscated her Winnie the Pooh laptop.

Very soon in the United States, letters will be sent out to Internet account holders informing them that they should stop sharing copyrighted material on BitTorrent.

The message in the US from mainstream rightsholders is designed to be educational, but more aggressive companies carry out the same process but with a sting in the tail – a request for cash-settlement to make potential lawsuits go away.

In concluding their search, the police confiscated the girl’s file-sharing weapon of choice – her Winnie The Pooh laptop – and according to her father offered some final words.

“It would have been easier for all concerned if you had paid the compensation,” the police advised

»torrentfreak.com/police-raid-9-y···-121122/



Grail Knight

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The girl was not raided the parents home was and a notebook computer was confiscated not Winnie the Poo but a notebook branded with Winnie the Poo.

The father is a prize as well. Oh the downloads did not work so I paid for the music. I bet had they worked he would not have paid for a cd.

Edit*
--
"Paranoia, the destroyer"



Blackbird
Built for Speed
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join:2005-01-14
Fort Wayne, IN
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reply to Cartel

But of course, there's this:

quote:
In a statement the artist in question – Chisu – said that she doesn’t want to sue anyone...
...
Joonas Mäkinen of Finland’s Pirate Party welcomes Chisu’s comments but bemoans artists’ apparent lack of power to get anything done.

“It is sad to see how even the big artists have no idea what CIAPC/TTVK is doing in their name. And the worst part is that even after learning about this, like Chisu did just now and took part in the discussion on Facebook, they can’t stop it since all copyright protection and monitoring is centralized,”...
...
CIAPC confirmed that the case against the 9-year-old is only the latest in a line of attempted settlements. Last fall a total of 28 Internet account holders settled with CIAPC, but of course we haven’t heard of the cases due to the confidentiality agreements recipients are required to sign.
--
“The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money.” A. de Tocqueville
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FINNfellow

@dnainternet.fi
reply to Cartel

Re: Police Raid 9-Year-Old Girl, Confiscate Winnie The Pooh

Littlebit more info about this issue (Im from Finland).

Police can raid anyones home here without court orders. However, they can only do so if the crime the person is suspected of committing is such, that you can get 6 months prison or more. This girl committed only a petty crime that can be punished by fine...no prison. So the police committed the actual crime by searching their home. But this is just one case beside many other cases, where police raids someones house without proper rights.

But nobody is interested about this, since everyone here believes to police and "justice state". Finland is not a justice state at all. We get more "sentences" from Europen Court of Human Rights than ALL THE OTHER NORDICS COUNTRIES TOGETHER. Actually, we get them per capita 4x what Russia gets. So, in that sense, our human rights are much worse than in Russia. These are clear facts and you can check them up.



red2

@fastwebnet.it

Grail Knight, I'm with you. While the search may have been a violation of law according to what FINNfellow posted, I abhor these biased misrepresentations. You'd think from the way this story has been stated that the 9 year old was living alone, had her house surrounded by a swat team and surrendered to be handcuffed while her doll was taken away.

What exactly does torrentfeak.com find wrong with letters being sent out in the US, informing Internet account holders that "they should stop sharing copyrighted material on BitTorrent." Do they not have a right to do that?

And demanding settlements isn't new. It's been around for quite awhile, not just in copyright cases, but in all cases.



FINNfellow

@dnainternet.fi
reply to Cartel

Littlebit more information about this case:

1) The album that was shared was posted by our "MPAA". So actually, THEY committed a crime by sharing artists album without rights...inorder to lure people to download it.

2) The album shared did NOT work. Its was a dummy file. Now, can someone be searched and trialed from downloading random dummy file? Apparently yes, atleast in Finland. So, if I share random file named "Abba", I can be raided and sued for sharing Abba's music.

This is really stupid. Really, really stupid. Finnish MPAA and police are showing the whole people how stupid they are.



red2

@fastwebnet.it

FINNfellow,

Don't you have a civil liberties association in Finland ?

What are your laws?

In the US, I suspect that this would provoke cries that this was entrapment. The argument would also be made that how can one be sued because of a file's name rather than it's contents? So can anyone be sued for putting the name of a film, a song, a book, a photograph, or a magazine on a file? If you put the word "gun" on a file, can you arrested for possessing a firearm?

It seems to me that these are the questions you should be putting to your politicians.



NormanS
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said by red2 :

In the US, I suspect that this would provoke cries that this was entrapment.

I wonder ... "Entrapment" is clearly a legal theory in criminal law, but can it work in civil law?

I expect that an RIAA agent "dummy" file would have different ramifications under civil law. If it was functional, and a torrent, could the respondent claim that the RIAA agent authorized the distribution? IOW, no valid damage claim. OTOH, if it was truly a non-functional file, could the respondent claim that no damage was inflicted?

It seems to me that this tactic, if employed here, could backfire.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum


FINNfellow

@dnainternet.fi

The are no laws that prevent or forbit entrapment in Finland.

As you see, Finlands legal system is pretty bad.



red2

@fastwebnet.it
reply to NormanS

said by NormanS:

said by red2 :

In the US, I suspect that this would provoke cries that this was entrapment.

I wonder ... "Entrapment" is clearly a legal theory in criminal law, but can it work in civil law?

I have no knowledge of the laws of Finland, but IF the police arrived doesn't that automatically indicate that this was considered a penal offense (criminal)?

If your neighbor steals something from you, you can call the police. If you and your neighbor have a business dispute, you can't and have to go to court to settle it.

I'm guessing that this was considered penal. If this were an issue for civil law, as you rightly pointed out, you'd have to prove damages. What damages could there possibly be for a fake file? The MPAA and the RIAA continually make the claim that you distribute the file to others who then distribute to yet others, and so on, and so they claim damages based on this exponential diffusion. However, if the file is fake, it stops with the first user. Therefore, there are no damages.

I would think that IF there is a civil liberties association in Finland, they'd have a great case here.


FINNfellow

@dnainternet.fi

said by red2 :

I would think that IF there is a civil liberties association in Finland, they'd have a great case here.

Yes, there are, but what can they do? Nothing. Make some noise. Nothing changes.

BTW. Police can use ANY evidence they gather, regardless of whether or not it was obtained legally. So they can do basically anything they want to. In civilized countries like in USA, if police doesnt follow the law, they case goes sunk. Sure, they can get "penalty" from doing illegal things like inproper raids or wiretapping, but the only penalty what they actually get is just "notification"...and even if they would get some serious penalty from breaking the law, the evidence is still perfectly valid in court.


FFH
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Tavistock NJ
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reply to Cartel

Father settles the case by paying 300 Euros.
»torrentfreak.com/father-of-raide···-121129/

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