Quote:
Originally Posted by mynameisjim
Gideon, the pirate bay was clearly operating in a very grey area at best, but the way they conducted themselves was just inviting trouble. Flouting the law and the very people they were accused of stealing from is just stupid. I'm not saying that's right or wrong, but that's the way the world works. If you want to steal from the man, you better stay out of his cross hairs.
The funny thing is, if they kept a lower profile and didn't get caught up in their own phony crusade and bullshit, they would have never been brought to court.
I honestly think that all the freedom talk and liberty talk started as a spin move, but they ended up falling for it themselves the more it grew.
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every fair use successfully won operated in a grey area at best at the time it was first being established. That not the point. IT what was proven in this case.
Quite simply did the police meet the burden of proof to get a conviction.
DHT was turned on
local peer discovery was not only a strong possiblity but the primary way in which peers would be discovered.
The police didn't even do something as simple as screenshot the tracker tab of the client
and circle the number of peers and say see that the number of peers the pirate bay was responsible for bring together.
The isp could have blocked the pirate bay complete and the transaction would still happen locally, the dns could have been out, or tracker could have been done. There was simply no proof that they were involved.
Your trying to argue that they should be found guilty for a crime based on evidence that was not even presented ("clearly operating in a very grey area at best") and existed outside the scope of the trial.