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-   -   BREIN Seizes Warez Servers, Owners Seize Them Back, May Sue (https://gfy.com/showthread.php?t=1011444)

gideongallery 02-22-2011 08:39 AM

BREIN Seizes Warez Servers, Owners Seize Them Back, May Sue
 
http://torrentfreak.com/brein-seizes...ay-sue-110222/

dutch privacy laws are almost as strict as canada's

would be really interesting if they got fined 10k per piece of information they took

especially if every single ip addess record in the log file constitutes 1 piece of information.

Puremeds-J 02-22-2011 08:57 AM

wow! that's nuts

CYF 02-22-2011 11:46 AM

that's fucked up.

Klen 02-22-2011 12:24 PM

Well if they dont have legal stand to do that,then they are fucked.

seeandsee 02-22-2011 12:30 PM

somebody going to be raped

VGeorgie 02-22-2011 12:54 PM

"WorldStream, the server host and a private company, handed BREIN the servers voluntarily."

Emphasis on voluntarily. You don't need a court order if people just give shit to you. :1orglaugh

Case closed. Another instance of lawyers talking big.

TheSenator 02-22-2011 12:57 PM

So...what sites do the host?

Karupted Charles 02-22-2011 01:03 PM

Let me start by saying I have never agreed with Gideon and even in this case I think he is toughting this as something it is not. This is not a privacy it is a due process issue

Quote:

Originally Posted by VGeorgie (Post 17933671)
"WorldStream, the server host and a private company, handed BREIN the servers voluntarily."

Emphasis on voluntarily. You don't need a court order if people just give shit to you. :1orglaugh

Case closed. Another instance of lawyers talking big.

The issue with this is it was not WorlStream's to give away. It like my neighbor letting the police into my house without a warrant. This is a slippery slope and due process exists for a reason.

I do not always agree with how slow the system is to take down these crooks. However laws are set up to protect us from the oppression of the past and that needs to be followed. It?s a same they did not just follow the legal procedures and nab these guys legitimately.

VGeorgie 02-22-2011 07:38 PM

Quote:

Originally Posted by Karupted Charles (Post 17933695)
The issue with this is it was not WorlStream's to give away. It like my neighbor letting the police into my house without a warrant. This is a slippery slope and due process exists for a reason.

Not a great analogy. A closer one is if your tenants, renting your house, lets in the police and the cops find you're operating an unlicensed puppy farm. Being the legal occupants of your house your tenants can allow the police to enter without a warrant. Similarly, it can be argued WorldStream was in a position of legal custodian of the servers.

Neither of these instances is illegal search or seizure. WorldStream may face a civil suit from the actual owners of the servers, but BREIN is off the hook for anything resembling an illegal seizure. (An exception could be if they intimated they had a court order, and did not.) And as long as BREIN did not publish, distribute, or make available any personal information contained on the servers, there's little chance of their being held accountable for breach or privacy.

moeloubani 02-22-2011 07:44 PM

Hope these idiots get charged with theft and get sent to jail. You can't just roll in and take shit because you think what you're doing is right.

gideongallery 02-22-2011 08:27 PM

Quote:

Originally Posted by VGeorgie (Post 17934574)
Not a great analogy. A closer one is if your tenants, renting your house, lets in the police and the cops find you're operating an unlicensed puppy farm. Being the legal occupants of your house your tenants can allow the police to enter without a warrant. Similarly, it can be argued WorldStream was in a position of legal custodian of the servers.

Neither of these instances is illegal search or seizure. WorldStream may face a civil suit from the actual owners of the servers, but BREIN is off the hook for anything resembling an illegal seizure. (An exception could be if they intimated they had a court order, and did not.) And as long as BREIN did not publish, distribute, or make available any personal information contained on the servers, there's little chance of their being held accountable for breach or privacy.

do you know anything about dutch or canadian privacy laws

ASKING/DEMANDING/RECIEVING information your not entitled without notifying and getting written autorization from the collectee is a violation of cede laws.

PEPIDA and the dutch equivalent is a bitch

that the reason i mentioned the priivacy laws, not theft. or illegal S&S because worldstreams "screwup" let brien off the hook for those issues.

the privacy issue ie posession of private info without authorization (from the collectee or court order) is a completely different issue

SmokeyTheBear 02-22-2011 09:22 PM

Quote:

Originally Posted by VGeorgie (Post 17934574)
Not a great analogy. A closer one is if your tenants, renting your house, lets in the police and the cops find you're operating an unlicensed puppy farm. Being the legal occupants of your house your tenants can allow the police to enter without a warrant. Similarly, it can be argued WorldStream was in a position of legal custodian of the servers. .

cept brein isn't the police so a better analogy might be you have your car at the mechanics, some dude comes by says the horn breaks the law because it is too loud and the mechanic gives your car to him.

SmokeyTheBear 02-22-2011 09:29 PM

Quote:

Originally Posted by gideongallery (Post 17934653)
do you know anything about dutch or canadian privacy laws

netherlands is in canada now ?
Quote:

Originally Posted by gideongallery (Post 17934653)
ASKING/DEMANDING/RECIEVING information your not entitled without notifying and getting written autorization from the collectee is a violation of cede laws.

so when a cop asks "what are you doing" he is breaking the law ?

gideongallery 02-23-2011 07:51 AM

Quote:

Originally Posted by SmokeyTheBear (Post 17934734)
netherlands is in canada now ?

what exactly about

Quote:

dutch privacy laws are almost as strict as canada's

Quote:

do you know anything about dutch or canadian privacy laws
Quote:

PEPIDA and the dutch equivalent is a bitch
do you not understand

my god you have the reading and comprehension level of a second grader

gideongallery 02-23-2011 07:57 AM

Quote:

Originally Posted by SmokeyTheBear (Post 17934734)
so when a cop asks "what are you doing" he is breaking the law ?

considering that i explictly reference Personal Information Protection and Electronic Documents Act

what exactly about a verbal conversation do you believe qualifies it as an electronic document ?

VGeorgie 02-23-2011 09:11 AM

Quote:

Originally Posted by gideongallery (Post 17934653)
ASKING/DEMANDING/RECIEVING information your not entitled without notifying and getting written autorization from the collectee is a violation of cede laws.

Since the "collectee" was WorldStream, who was the legal custodian of the servers, they got implied consent.

Yours is a bogus argument, anyway. In countries with stricter privacy laws even the owner of a server can not offer consent for a third party to abuse private information. It comes down to what was BREIN's intent with the information they had in their possession. That's worthy of looking into, but unless they specifically collected or disseminated that information they broke no law.

VGeorgie 02-23-2011 09:21 AM

Quote:

Originally Posted by SmokeyTheBear (Post 17934720)
cept brein isn't the police so a better analogy might be you have your car at the mechanics, some dude comes by says the horn breaks the law because it is too loud and the mechanic gives your car to him.

And since BREIN isn't the police, it would be theft not seizure. But *seize* is a bigger word and gets trolls like GG up in arms.

But it's not even theft as BREIN could not have known without further discovery who was the titled owner of the servers, and could reasonably assume the host was the owner and/or provided consent with the owner.

I can go in and ask for anything. As long as I don't misrepresent the facts I'm breaking no law if someone willingly gives things to me.

SmokeyTheBear 02-23-2011 11:08 AM

Quote:

Originally Posted by gideongallery (Post 17935397)
my god you have the reading and comprehension level of a second grader

is that why you failed to answer the question.

let me repeat for you since you obviously didn't comprehend the question.

What do canadian laws have to do with NETHERLANDS ? it is a pretty simple question. no need to get all huffy about it because you know it has nothing to do with netherlands.:1orglaugh

Like most of your arguments there is no substance to your statement. apples and oranges my friend , canadian law in no way has anything at all period to do with a seizure in the netherlands , nothing , zip , nada. I realize most of your arguments are based on quoting laws from countries that have little or nothing to do with the topic , but at least back up your law fantasy with something :winkwink:

SmokeyTheBear 02-23-2011 11:13 AM

Quote:

Originally Posted by VGeorgie (Post 17935557)
And since BREIN isn't the police, it would be theft not seizure. But *seize* is a bigger word and gets trolls like GG up in arms.

But it's not even theft as BREIN could not have known without further discovery who was the titled owner of the servers, and could reasonably assume the host was the owner and/or provided consent with the owner.

I can go in and ask for anything. As long as I don't misrepresent the facts I'm breaking no law if someone willingly gives things to me.

i am not a lawyer so i have no idea, but i would assume the host was led to believe they were complying with a law not a request , this is just a guess though.

SmokeyTheBear 02-23-2011 11:21 AM

Quote:

Originally Posted by gideongallery (Post 17935406)
considering that i explictly reference Personal Information Protection and Electronic Documents Act

what exactly about a verbal conversation do you believe qualifies it as an electronic document ?

well seeing as how you didn't once mention the words "electronic document" until now i would have to be a psychic to know that :)

this is what you said just incase you forgot.
Quote:

Originally Posted by gideongallery (Post 17935406)

ASKING/DEMANDING/RECIEVING information your not entitled without notifying and getting written autorization from the collectee is a violation of cede laws.

my question was in direct response to this statement. I asked if a cop ASKING/DEMANDING/RECIEVING information they are not entitled to is a violation of the law.

if you want to rephrase your statement to include the words "electronic document" you may do so and look less foolish and won't have to expect people to be psychic to know it only relates to electronic documents.:thumbsup

BittieBucks Eric 02-23-2011 11:21 AM

Quote:

Originally Posted by KlenTelaris (Post 17933584)
Well if they dont have legal stand to do that,then they are fucked.

They don't. They didn't have a warrant.

SmokeyTheBear 02-23-2011 11:24 AM

what you meant to say was

ASKING/DEMANDING/RECIEVING electronic document information your not entitled without notifying and getting written authorization from the collectee is a violation of cede laws in canada , but of course netherlands is not in canada so this has nothing to do with the topic and this statement is basically useless drivel meant to sidetrack you from the ACTUAL laws of the country in question.

gideongallery 02-23-2011 11:44 PM

Quote:

Originally Posted by SmokeyTheBear (Post 17935819)
well seeing as how you didn't once mention the words "electronic document" until now i would have to be a psychic to know that :)

this is what you said just incase you forgot.

i specifically referenced PIPEDA if your to stupid to know what it stands for i expected you to have enough intelligence to google it
rather then just shooting off your mouth like an uninformed idiot.

Quote:

my question was in direct response to this statement. I asked if a cop ASKING/DEMANDING/RECIEVING information they are not entitled to is a violation of the law.

if you want to rephrase your statement to include the words "electronic document" you may do so and look less foolish and won't have to expect people to be psychic to know it only relates to electronic documents.:thumbsup
sory your too stupid to use google to look up terms you don't understand




Quote:

Originally Posted by SmokeyTheBear (Post 17935830)
what you meant to say was

ASKING/DEMANDING/RECIEVING electronic document information your not entitled without notifying and getting written authorization from the collectee is a violation of cede laws in canada , but of course netherlands is not in canada so this has nothing to do with the topic and this statement is basically useless drivel meant to sidetrack you from the ACTUAL laws of the country in question.


actually i explictly stated

Quote:

dutch privacy laws are almost as strict as canada's
i just didn't know the name of the dutch law.

the laws are mirror images of each other for the scope i am talking about


you want to argue with fine, but your the guy so clueless you could even look up pipeda in google to understand a term that was quoted to you.

gideongallery 02-23-2011 11:50 PM

Quote:

Originally Posted by SmokeyTheBear (Post 17935786)
is that why you failed to answer the question.

let me repeat for you since you obviously didn't comprehend the question.

What do canadian laws have to do with NETHERLANDS ? it is a pretty simple question. no need to get all huffy about it because you know it has nothing to do with netherlands.:1orglaugh

Like most of your arguments there is no substance to your statement. apples and oranges my friend , canadian law in no way has anything at all period to do with a seizure in the netherlands , nothing , zip , nada. I realize most of your arguments are based on quoting laws from countries that have little or nothing to do with the topic , but at least back up your law fantasy with something :winkwink:

canadian laws have nothing to do with the netherlands that why i specifically said

Quote:

dutch privacy laws are almost as strict as canada's

Quote:

PEPIDA and the dutch equivalent is a bitch
the dutch equivalent (which i don't remember the name of the act) which happens to mirror image of Pipeda for the scope we are talking about DOES matter

DamianJ 02-24-2011 04:02 AM

Can we start a new sub section of GFY where gideon can post stories about juarez being time shifting and smokey can call him a cock?

Not sure how you timeshift photoshop, but whatever.

This is so old.

PromoterX 02-24-2011 04:42 AM

This thread delivers... right on time.

L-Pink 02-24-2011 07:10 AM

bla, bla, bla, bla ...... How's life in the basement?


.

ajrocks 02-24-2011 07:32 AM

maybe this is why warez.com is for sale on flippa right now.

Tasty1 02-24-2011 07:47 AM

So, they think they will get money. I don't think so. When BREIN has to pay, people who own the rights could sue the pirates and get that money. In Holland a pornstar is sueing a tube site for 150.000 euro for 1 movie.

SmokeyTheBear 02-24-2011 07:52 AM

Quote:

Originally Posted by gideongallery (Post 17937290)
i specifically referenced PIPEDA

so what you are trying to say is you never once mentioned electronic documents.

hint -- people respond to what you post not what you think in yourmind

Quote:

Originally Posted by gideongallery (Post 17937290)
sory your too stupid to use google to look up terms you don't understand

why would i research a canadian law about a case in the netherlands that has NOTHING to do with canada you fucking moron.


Quote:

Originally Posted by gideongallery (Post 17937290)

i just didn't know the name of the dutch law.


in other words you are "too stupid to use google to look up terms you don't understand" and have nothing valid to add to the conversation other than the fact other countries have laws that you misquote and have nothing to do with anything.

Quote:

Originally Posted by gideongallery (Post 17937290)

the laws are mirror images of each other for the scope i am talking about

mirror means EXACTLY the same, and since you can't even remember the name of the law , chances are 100% you are full of shit posting about laws you have no idea about and dont even know their name lol


Quote:

Originally Posted by gideongallery (Post 17937290)
you want to argue with fine, but your the guy so clueless you could even look up pipeda in google to understand a term that was quoted to you.

i would have no reason to look up a canadian law regarding a case that has nothing to do with canada at all. you seem to be misunderstanding the fact this has nothing to do with canada. the netherlands are not in canada , the netherlands do not follow canadian law.

you posted a claim of a law , then we find out you completely made it up in your head and we were supposed to google the law to find out what the fuck you are talking about. :1orglaugh:1orglaugh:1orglaugh nice argument..



NOTHING IN THIS THREAD HAS ANYTHING TO DO WITH CANADA GIDEON , get that through your peanut brain.

SmokeyTheBear 02-24-2011 07:59 AM

in a nutshell your theory is , countries that share similar laws are actually EXACTLY the same in every way , and dutch should be tried as canadian laws dictate.

and sane people are saying " gideon is a complete fucktard failure"


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