Also offers the ability to download video content using a custom client which also scans if the user has downloaded copyrighted files.MediaDefender Inc, the "leading provider of anti-piracy solutions in the emerging Internet-Piracy-Prevention (IPP) industry" has launched a website called "MiiVi" dedicated to busting those who both like to download copyrighted content as well as those who already have. The site is apparently the latest ploy in the ongoing battle against illegal file-sharing and literally takes the game to new heights. It offers WHOLE DOWNLOADS of movies as well as the ability to download and install a "miraculous" new program that promises "fast and easy downloading all in one great site." There's just one problem: the site's registered to MediaDefender Inc. and it's army of prying eyes are just nipping at the bud to take down those who are unaware.
The site was apparently registered on March 11, 2007. and unfortunately who knows how many poor souls have fell victim to this latest malfeasance by an MPAA sponsored organization. Luckily however, Brokep over at the Pirate Bay gave me a heads up on the situation and I report back to you with haste to avoid the site and warn others to do so as well. Here's proof of the site's true intent:
...AND here's a taste of the BAIT for which they are laying out for the unsuspecting noob, a nice 745MB XVID(?) copy of Batman Returns just waiting for someone to come along a take a bite. Too bad this bite could cost one thousands of dollars and lead to an avalanche of letters, settlement notices, or perhaps even a "friendly" knock at the door.
This new development certainly takes the war against illegal file-sharing to new lows and proves to just what degree the MPAA will allows its agents to go to prop up sagging ticket sales for second rate movies. Ever notice how GOOD MOVIES do well and BAD MOVIES do poorly at the Box Office? Well, I guess we're alone because the MPAA sees no wrong it lousy movies. Who's really trying to trick whom I ask? --THX again to Brokep.
**UPDATE: MPAA & MediaDefender Respond to Exposure of Fake Video Download Site |
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Who knows these days. Proof is proof, and all it would take is just a high-priced Canadian lawyer or legal team to get the ball rolling.
These bastards are getting sneakier and sneakier.
I think the downloading part would be entrapment but, scanning your PC for copyrighted stuff if you make the mistake of grabbing their client would be a direct hit.
Sorry, but I think you are DEAD WRONG on this one! This is CLEARLY a case of entrapment, because the site itself is set up SOLELY for the purpose of luring people in! And how EXACTLY is someone going to "make" you download anything. Your statement does not make any sense.
ENTRAPMENT - A person is 'entrapped' when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case.
However, there is no entrapment where a person is ready and willing to break the law and the Government agents merely provide what appears to be a favorable opportunity for the person to commit the crime.
Does that last sentence sound familiar? MiiVi provides a favorable opportunity, but does not persuade you to go to the site or download any of the content there. If you go to the site and download content, that's your choice. Sorry, but any entrapment case would likely be thrown out the window. Your very comment "how EXACTLY is someone going to "make" you..." demonstrates how this would not be considered entrapment. No one can make you download. You choose to do so.
please correct me if im wrong, but the way i always understood it is that downloading was just as illegal as uploading. but because of the way p2p works, it is completely impossible to see what a particular IP address has downloaded. thats why uploading was the danger, as someone from the RIAA could see what you are sharing, and then sue you. they could see what you download IF you connect to their shared files, and then they could see what IPs tried downloading a song. but i was certain that they couldnt host songs because that would be considered entrapment (or illegal from some standpoint) and then they would have no case. thats what has me confused about this site. it isnt any different, so how come are they trying it?
You are wrong, you can easly see the IP address of anyone downloading a file off P2P (since your computer [and the P2P program] has to have the IP address to retrieve the file). This is not illegal. Uploading is illegal because only the person with the copyright has the authority to determine who receives copies of their work; and uploading would be misrepresenting the permissions you were given by the author. Also, with real piracy people would make money on selling copies and therefore deprive the artist of due revenue, but the buyer wouldn't be expected to know whether the seller had the proper license (not really an issue on non-profit P2P, but you can see where the legal precedent comes from) .
No one to this date ahs been sued for downloading a song ONLY....it is uploading it or sharing it on a network that gets them in hot water.
And @nomad9 I got this from wikipedia...seem s they have a very DIFFERENT DEFINTION of entrapment..so your defintion is NOT the be all and end all of defining entrapment....
"In jurisprudence, entrapment is a legal defense by which a defendant may argue that he or she should not be held criminally liable for actions which broke the law, because he/she was induced (or entrapped) by the police to commit said acts. For the defense to be successful, the defendant must demonstrate that the police induced an otherwise unwilling person to commit a crime"
So in other words...it is illegal to "induce" an OTHERWISE UNWILLING person to commit a crime. What do you think this site did?? Do you actually think there is a legal defense for it? Apparently the owners did not, because they sure took it down in a hurry!
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