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piracy, the law and 'entrapment'? piracy, the law and 'entrapment'?
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Old 09-15-2010, 09:32 PM   #1
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piracy, the law and 'entrapment'?
what if somebody or a group from the adult industry were to buy one of these blogs/forums with tens of thousands of links to copyrighted content hosted on free file hosters like rapidshare or built/bought their own file hosting site in order to get IP addresses/names of direct and contributory infringers?

in civil cases can 'entrapment' be a defense?
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Old 09-15-2010, 09:34 PM   #2
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This guy did it: http://wp-board.com
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Old 09-15-2010, 09:35 PM   #3
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what if somebody or a group from the adult industry were to buy one of these blogs/forums with tens of thousands of links to copyrighted content hosted on free file hosters like rapidshare or built/bought their own file hosting site in order to get IP addresses/names of direct and contributory infringers?

in civil cases can 'entrapment' be a defense?
How is it infringement content if you own the host and the copyrighted content and let people download it for free knowingly?

Who do you plan on suing and for what? Yourself?
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Old 09-15-2010, 09:37 PM   #4
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This guy did it: http://wp-board.com
No he didn't... he sued a site, he won, he took the domain and turned it off and he owned the database so he used past infringements... sure, that works...

And as far as I have heard, you should not use someone like him as an example... check out the content he shoots....
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Old 09-15-2010, 09:46 PM   #5
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That's clearly entrapment.
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Old 09-15-2010, 09:52 PM   #6
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And as far as I have heard, you should not use someone like him as an example... check out the content he shoots....
Why not? Copyright is copyright. The method is good example how to do it. If you bought a domain and access to database it could work the same way. Close it right away and it won't be entrapment.
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Old 09-15-2010, 09:53 PM   #7
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I think entrapment can only technically occur if it is law enforcement or a government agency doing the trapping.
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Old 09-15-2010, 09:55 PM   #8
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Yup, I'm right. http://www.lectlaw.com/def/e024.htm
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Old 09-15-2010, 09:59 PM   #9
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That makes sense.
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Old 09-15-2010, 10:00 PM   #10
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This guy did it: http://wp-board.com
Just sat here and read that pretty interesting.....
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Old 09-15-2010, 10:01 PM   #11
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How is it infringement content if you own the host and the copyrighted content and let people download it for free knowingly?

Who do you plan on suing and for what? Yourself?
i would only own the forum/tube site/hosting service and like all the rest of them have safe harbor protection provided by the DMCA. I couldn't sue myself, I'd lose even if I could.

that has nothing to do though with those who actually post the links and upload the infringing content. they have no safe harbor protection, they are infringers. as a board or file hosting site owner I have no idea what's being uploaded or linked to, by law I can't control that or I no longer have the DMCA protection as merely a 'service provider'. The infringer has still broken the law.

hence my question about a defence an infringer might use in such a case.

An analogy - I know my neighbor keeps his backdoor unlocked while he's at work, i tell some people 'hey, the dude next door has some very expensive stuff and can you believe it, he keeps his back door unlocked' - one of the people i've told that decides to walk in and walk off with thousands of dollars worth of stuff'. he's committed a crime no?
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Old 09-15-2010, 10:07 PM   #12
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set up a company - like "muttwin" - when you request the info they hand it over.
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Old 09-15-2010, 10:07 PM   #13
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.

And as far as I have heard, you should not use someone like him as an example... check out the content he shoots....
that content he shoots withstood one of the most aggressive legal attacks ever taken upon an individual by the federal government. government lost on every charge. like it or not, he's legal.
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Old 09-15-2010, 10:15 PM   #14
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what if somebody or a group from the adult industry were to buy one of these blogs/forums with tens of thousands of links to copyrighted content hosted on free file hosters like rapidshare or built/bought their own file hosting site in order to get IP addresses/names of direct and contributory infringers?

in civil cases can 'entrapment' be a defense?
I could be wrong, but I believe you could also just issue a subpeona to request all this info which would be mandatory to respond to or face their own legal consequences. I believe that's the system Lightspeed and Grooby are using. Just different strategies I guess.
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Old 09-16-2010, 05:23 AM   #15
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An analogy - I know my neighbor keeps his backdoor unlocked while he's at work, i tell some people 'hey, the dude next door has some very expensive stuff and can you believe it, he keeps his back door unlocked' - one of the people i've told that decides to walk in and walk off with thousands of dollars worth of stuff'. he's committed a crime no?
In that situation you would become an accessory to the crime too.
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