May 19 2008

BREIN to Mininova: Filter Copyrighted Content or Face Legal Action

  • Written by soulxtc
  • 11 Comments



The Dutch anti-piracy organization warns the BitTorrent tracker site that it must “take effective measures to prevent it and if they can not then it must stop. ”

The BREIN foundation, a joint Dutch anti-piracy program of authors, artists and producers of music, film, and interactive software in the fight against Intellectual Property theft, is warning Mininova.org, the 52nd largest site in the world according to Alexa, and apparently the largest BitTorrent tracker site around, that it must “take effective measures to curtail this [copyright] abuse” on its own or be stopped from doing so by the courts.

With more han 30 million unique visitors per month and 5 billion total downloads and counting, the Netherlands-based site is a prime target for anti-piracy organizations like BREIN.

“Mininova has a business model that is based on illegality. It benefits from large-scale infringement, “says BREIN director Tim Kuik (Google Translation). “A Take Down Notice procedure is absolutely insufficient for a site that structurally and systematically using unauthorized files. Notice & Take Down to work against leaks to the crane but not as wide open as with Mininova. A comparison of sites that offer essentially legally organize does not. Mininova organizes almost exclusively illegal supply and earns its revenues there. They should therefore take effective measures to prevent it and if they can not then it must stop. “

In other words, it wants it to prevent the illegal file-sharing of copyrighted material in the first place and not just respond after the fact to takedown requests.

“This is a matter of principle for BREIN. We come with Mininova not explain why we have this question now before the court, “says Kuik (Google Translation). “There is a long time with Mininova talked about possible solutions but ultimately they do not want to take responsibility for their actions. You can still talk endlessly but runs by the injury to persons entitled to and is going Mininova earn millions.”

So what does Mininova have to say? It thinks the status quo is just fine and that it does respond to takedown notices. It’s simply a big site and responding to takedown requests simply takes time.

“Mininova is just too big to filter each file,” said Mininova-owner Erik Dubbelboertold to Dutch news site Nu.nl. “This is the only proper way to do it.”

[Via The Register]

Comments

  1. DrewWilson

    Quote of the month:

    “A Take Down Notice procedure is absolutely insufficient” – BREIN

  2. open_universe

    “Notice & Take Down to work against leaks to the crane but not as wide open as with Mininova.”

    WTF???? English do they speak it? LOLZ!

  3. LogicallyGenius

    Let the people vote if their money should be used to do these immortal activities of threatening sites that people demand to exist and use.

  4. Gamer8585

    @Open Universe:
    Since they’re Dutch I would say no. And it even said this was a Google translation so we shouldn’t expect too much. He was probably using a colloquial expression and it didn’t translate well.

  5. Signa

    Its funny. Mininova was set up as a replacement for suprnova. now the time has come that they have grown past their predecessors. Not so “mini” anymore.

  6. primevil

    Tell brein go fuck themselves. thats what the TPB would do

  7. BFeely

    Filtering is censorship.

  8. killahill

    Back up your files and have a server in another country ready to go. :D

  9. killahill

    ps. People that are part of Mininovas Content Distribution service should sue BREIN.

  10. MiniNova

    HOW TO BYPASS MININOVA FILTERS:

    Why do we need to Bypass content filtering ?

    As you might know mininova starts filtering copyrighted material, i dont upload protected content But i fear that such filters may also delete
    files wich are not violating copyrights as example Creative Commons music wich has a 4 second part wich is similar to an protected title. Also many Companies demand licenses and copyright on files wich are definitely in the Public Domain and not Copyrighted anymore.
    As Example i uploaded charlie Chaplin videos from 1917 on youtube but this videos got deledet because a Movie comapany claimed false
    copyrights on these videos. Just have a look to the offical US Copyright law wich says that any work prior 1922 is not Copyrighted anymore.

    So im writing this Text not to help you violating copyright but avoiding that legal content might be blocked by failure or Grief of some
    Movie and Music companies. I just want to protect your legal content from being censored.

    On the other side i can understand mininova since they do not want that users missuse their Content distribution service to share copyrighted stuff. Because this would be quite dangerous for mininova if illegal copyrighted content is hosted directly on their servers. So help mininova by not uploading any copyrighted stuff to their CD service !

    Howto:

    It is very very easy to bypass such filters.
    Just put your files in a encrypted .rar or .zip archive and choose an password, so The filtersoftware cannot acces the archive to look if the original file is is on the Banlist or not.

    Then use Gimp or Photoshop to create an imagefile wich includes the password and save it in the same folder as the archive, use some filters and effects to make in unreadeable for machines.
    Then create the Torrent from this folder. So Downloaders get the password and can
    Open the file but the automated filters of film/music industry cannot open it and cannot see if the file is on their banlist or not.

    Works like a Captcha i think you understand what i mean ;)

    I also think this way is also the Best for mininova because since mininova is doing everything
    to remove copyrighted material even if they have no succes Curts will see no reason to forbid mininova
    because it is not the fault of mininova that the content filter does not work for encrypted files.

    As Example Rapidshare is allready using copyright filters but they cannot stop users from uploading these files
    since all Rapidshare users use encryption. It think this method will also work quite well with torrents.
    So dont worry and continue sharing your legal content, the net was build for freedom and it is impossible to take this freedom away.

    I hope you and also the mininova staff understand my viewpoint, i dont want to help people sharing illegal content but prevent legal files from being censored like youtubes content recognition does.

    Thanks for reading ;)

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