Dutch file-swapper cases collapse due to evidence mistakes

I just posted the article Dutch file-swapper cases collapse due to evidence mistakes.

The Dutch Protection Rights Entertainment Industry Netherlands (BREIN) has been sent packing from court after it lost its case against five ISPs. BREIN had tried to get the ISP’s to hand…

Read the full article here:  [http://www.cdfreaks.com/news/10573-Dutch-file-swapper-cases-collapse-due-to-evidence-mistakes.html](http://www.cdfreaks.com/news/10573-Dutch-file-swapper-cases-collapse-due-to-evidence-mistakes.html)

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That is just TOO damn funny. I love it when big brother snoops where he should not be. :B Nothing like having a company scan your computer to see what you have. Where is the damn privacy anymore?:frowning:

You have none… Remember your are sharing a folder for everyone to see!! Its called sharing for a reason…

technically…showing is not sharing. It starts to be sharing when uploading.

I have several disks shared in my pc for my kids’ use on both their home pc and laptop on a home network. I share ripped dvd’s for my younger kids to watch in bed to stop the discs from being ruined. But, theoretically and technically, that makes me a filesharer. So if one of these Big Bastard organisations decided to snoop on my pc and personal sharing activities, then I would be pretty much fucked, wouldn’t I?

I don’t understand something here, if you’re behind a properly setup firewall (hardware, not software, all ports set for stealth), how can they access your system? You would have to click a link or something for this to happen, have they figured out a way to get through a firewall? :r

They didn’t have to get through any firewalls or anything to get there share folder. They mean the share folder that you have for P2P programs. And all they have to do is search something then they look at the person who is sharing the file then they get your ip and look at all the files that you are sharing by searching your ip address in the P2P program. So there not really hacking into anything.

I seem to recall that the dutch government charge a blank cd royalty media tax, so these silly legal non computer literate types are actually double dipping in that that they are seeking additional penalties, in addition to that which the media compensation tax payspays, to me that is theft by by any other name. Greed alas always exceeds ability in todays world!:r

This raises some very interesting questions that go beyond the couirt decision. Let’s say some 13 year old downloads some software that by default creates a sharing folder and places downloaded files into it. Lets say the 13 year old has not even made a decision to share files - the freely available software just creates this condition by default. Then some organization comes along with their snooping software and looks at the files and grabs the IP address. Well I seems that many accept that a business has the right to do this. So next week someone installs yahoo messenger and some company decides to write some software that intercepts packets from private messages because they have decided they have some business interest in farming information from messages or perhaps they think someone might transfer a file to someone else. If you write some software that intercepts businesses traffic over the internet and they decide it is proprietaty information you go to jail. So my point is - Since when does the end justify the means? Why do we assume these snooping organizations are the good guys? Where is the line drawn? Why should these private organizations, built for profit, have the right to get personal information from an ISP and when have they gone too far? I think the Netherlands Court made a terrific decision, but I would also love to see some suits filled by individuals who fall under the scrutiny of these organizations when there is no evidence of a violation of the law or infringement of copyright. In this cae the court was very clear - there was no evidence that files were shared by the target of the inquiry or that infringement had occured. Seems to me some nice juicy civil penalties should be in order for the amature super snoops who think they are professional investigators for BREIN.

You do have a good point the courts need to draw a line. They have to set up so kind of rules that these companies have to follow. Like “Due Process”. That way they can’t do whatever they want. People should have to right to privacy on the internet.