Comments on: OiNK Admin Charged With ‘Conspiracy to Defraud,’ Uploaders With Copyright Infringement

By: OiNK Admin Found Not Guilty!

OiNK Admin Found Not Guilty! — Fri, 15 Jan 2010 19:21:48 +0000

[...] what to charge Ellis with, extending his bail more than 4 times until it finally settled on “conspiracy to defraud” last September, well past the initial deadline of December 21st, [...]

By: open_universe

open_universe — Thu, 01 Jan 1970 00:00:00 +0000

Okay so a mere SIX people of the TENS OF THOUSANDS if not MILLIONS of people who availed themselves of OiNK got nabbed? And one for a single CD.

It does seem as though their energies are focused on PRE-RELEASE events they just do NOT have the time and money to prosecute everyone who ever dipped into OiNK’s “pool”. So maybe……everyone should just wait a week and then start “enjoying”?

By: soulxtc

soulxtc — Thu, 01 Jan 1970 00:00:00 +0000

Exactly.

By: ackmanx

ackmanx — Thu, 01 Jan 1970 00:00:00 +0000

Well… if he wasn’t profiting heavily can’t that be proved by simple history logs? Just compare the paypal account to his server bills etc. Even if he was profiting heavily though I wouldn’t mind; oink was godlike.

By: du2vye

du2vye — Thu, 01 Jan 1970 00:00:00 +0000

There’s a good chance he didn’t keep very good records of his costs because it wasn’t a “business” which could be why they chose to prosecute under these charges. I’d be surprised if Oink made enough to cover actual bandwidth costs and depending on his personal finances what was donations might be hard to prove as well.

One thing for sure there is a reason they picked charging his with this over what they’ve used in the past.

I would think having “victims” would be critical for a charge of fraud. Otherwise using the same rules every organization including church’s begging for donations could be charged with fraud too. I think there’s far better chance of success for personal gain from fraudulent donations with church’s than Oink.