Just Say No
Alexis Quinones
Issue date: 9/1/07 Section: Entertainment
When we were children, D.A.R.E. indoctrinated
us with its famous slogan. But now that we are adults, in regards to illegal downloading, the Motion
Picture Association of America and the music industry tout the phrase: “Just say no!” With the recent court order forcing TorrentsSpy to deliver its American user logs to the court, the need to “Just say no” to illegal downloading has reached its apex.
Last year, TorrentSpy, the third most used bit-torrent search engine, filed a lawsuit accusing the MPAA for violating the Federal Wiretap Act by intercepting the company’s private e-mails. TorrentSpy is a search engine for “torrents,” large files distributed via peer-to-peer networks that are often pirated video files.
U.S. District Judge Florence-Marie Cooper not only found that the MPAA had not violated the Wiretap Act, but the MPAA also filed a counter-claim that led the court to order TorrentSpy to log information about its users for use in possible legal actions against pirates. TorrentSpy’s
attorney, Ira Rothken, responded to the order that it has a strict privacy policy that it will not record any information about its users. Complying with the order could mean TorrentSpy would face a hefty breach of contract action against it.
The order for TorrentSpy to start compiling the information was stayed on appeal, but that appeal was denied last Monday, News.com reported. Just hours before the order was received, TorrentSpy shut its doors to American users to avoid complying.
“This move was designed to preserve the integrity of the site and continue its promise not to log any users,” said Rothken, who added that the vast majority of the site’s users come from outside the U.S., Variety.com reported.
Although TorrentSpy has a great number of users throughout the world, other bit-torrent search engines are comprised mainly of American subscribers and may, if ordered in the future, submit to both the judicial and economic pressures to turn over their subscribers, which may include many SW students. It may be time to give into the retail mantra and just say no to illegal downloading via bit-torrent search engines.
Since the ruling that the MPAA had not violated the Wiretap Act, TorrentSpy began an appeal on whether wiretapping laws apply to hacking. The Court of Appeals decision on that case is likely to be a precedent-setting holding for future hacking claims.
Alexis Quinones is a 2L Day Student and may be reached at alexisq82@yahoo.com.
us with its famous slogan. But now that we are adults, in regards to illegal downloading, the Motion
Picture Association of America and the music industry tout the phrase: “Just say no!” With the recent court order forcing TorrentsSpy to deliver its American user logs to the court, the need to “Just say no” to illegal downloading has reached its apex.
Last year, TorrentSpy, the third most used bit-torrent search engine, filed a lawsuit accusing the MPAA for violating the Federal Wiretap Act by intercepting the company’s private e-mails. TorrentSpy is a search engine for “torrents,” large files distributed via peer-to-peer networks that are often pirated video files.
U.S. District Judge Florence-Marie Cooper not only found that the MPAA had not violated the Wiretap Act, but the MPAA also filed a counter-claim that led the court to order TorrentSpy to log information about its users for use in possible legal actions against pirates. TorrentSpy’s
attorney, Ira Rothken, responded to the order that it has a strict privacy policy that it will not record any information about its users. Complying with the order could mean TorrentSpy would face a hefty breach of contract action against it.
The order for TorrentSpy to start compiling the information was stayed on appeal, but that appeal was denied last Monday, News.com reported. Just hours before the order was received, TorrentSpy shut its doors to American users to avoid complying.
“This move was designed to preserve the integrity of the site and continue its promise not to log any users,” said Rothken, who added that the vast majority of the site’s users come from outside the U.S., Variety.com reported.
Although TorrentSpy has a great number of users throughout the world, other bit-torrent search engines are comprised mainly of American subscribers and may, if ordered in the future, submit to both the judicial and economic pressures to turn over their subscribers, which may include many SW students. It may be time to give into the retail mantra and just say no to illegal downloading via bit-torrent search engines.
Since the ruling that the MPAA had not violated the Wiretap Act, TorrentSpy began an appeal on whether wiretapping laws apply to hacking. The Court of Appeals decision on that case is likely to be a precedent-setting holding for future hacking claims.
Alexis Quinones is a 2L Day Student and may be reached at alexisq82@yahoo.com.
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