World's First Jail Sentence for BitTorrent Piracy 280
Rob T Firefly writes "Hong Kong newspaper The Standard reports on what seems to be the world's first case of a BitTorrent movie pirate being sent to jail. (Others have been jailed for related crimes.) After losing his appeal against a November 2005 conviction, Chan Nai-ming, a 38-year-old BitTorrent user known as 'Big Crook,' has begun serving a prison sentence for making the films 'Daredevil,' 'Miss Congeniality,' and 'Red Planet' available for download via BitTorrent. His appeal was based on the fact that he did not profit from the piracy." From the article: "[Appeals Judge] Beeson noted [convicting magistrate] MacIntosh, in handing out the sentence, was fully aware of the noncommercial nature of the case, but measured the seriousness of the case by the harm done to the moviemakers — not by the gain made by the offender. Chan, and those in the chatroom, 'were aware of the possible criminal implications of uploading films to the system,' Beeson wrote. She also noted the sentence was already drastically reduced, from a maximum of four years, to three months, in order 'to reflect the novelty of the conviction.'
wow (Score:5, Funny)
Damn, I didnt know bad taste was a jailable offence.
Re:wow (Score:5, Funny)
Re:wow (Score:5, Funny)
Re:wow (Score:5, Insightful)
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I can see where they are coming from. I'd be embarrassed and 'harmed' by the general public seeing my totally crappy films too.
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Don't raugh at me!
Re:wow (Score:4, Interesting)
(No offense. I do believe it happened, but... it happened. Making fun of Bush now is a lot like beating up a man with broken arms and legs. Sure, you could, but... why bother? What else can you do to him that hasn't already been done?)
But as far as bad taste goes, look at any list of top sellers in any field.
Whaddya know, 8 million people bought Madden 0X again, even though it's the same game as last year, with a new guy on the cover!
Hmmm... Bill O'Rielly's book on the best-seller list? O R(iel)LY?
Hey! (Popstar who can't sing)/(Rap artist who sings about crimes he never did) just went quintuple super ultra platinum again! At least until everyone forgets him by next week.
Also, try walking into a fashion or decoration store sometime. I'm against the death penalty, but if bad taste were legal and I were a judge, I'd send half of the USA to the gallows.
Re:wow (Score:5, Insightful)
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Oh, but you bring up a good point. Bush doesn't have his arms and legs broken yet and he's not sitting in a cell with no habeas corpus. Just, so you know, comparable treatment to what he is doing for alleged war criminals.
Alternatively the death penalty could be used on him,
Just what is "Uploading" in this case? (Score:4, Interesting)
If this actually applied to simply seeding the file as a peer (i.e. downloading via BitTorrent and leave the client running), then there's more of a potential chilling effect, as it sets a precedent for downloading-via-BT being the equivalent of distribution.
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Last I checked, since the protocol works such that having that file in that folder implies consent to upload the file, then yes, it is the equivalent of distribution. The question is only whether or not the distribution is illegal. It seems hard to argue that distribution takes place unless you can prove that you somehow turned off that feature.
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Assuming that you need at least, say, 75% of the file for it to be even semi-watchable, I would suspect that with the distributed nature of bittorrent, very few peers or seeders actually distribute enough of the file to any given person for it to really be that "person A got th
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Now what if I have the whole file, but I never share out enough to anyone that they would watch the file just with what I've shared?
I'm certainly not qualified to answer any of these questions, it's just sort of my brain wandering off into a tan
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This could be interpreted at least two ways. You could say that it is like a car with no engine. Technically it's still a car, even though you can't operate it. This is likely what a large corporation would use for an argument. Let's tur
Re:Just what is "Uploading" in this case? (Score:5, Funny)
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Please remind me again (Score:5, Insightful)
Re:Please remind me again (Score:5, Insightful)
Re:Please remind me again (Score:5, Insightful)
Re:Please remind me again (Score:5, Insightful)
When we talk about sending someone to jail because they're dangerous it usually means preventing them from physically harming people in society at large.
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I'd sell all there assests. Give half to the spouse, take the rest.
Use it to fund presecription drugs for all the people who lost there life savings. As much as you can, anyways.
All the stocks they hqave for the company are immediatly sold, and all options exercised and taken.
Also, take there drivers lisense away.
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It's called deterrence. (Score:3, Insightful)
Yes, but we didn't send the Enron guys to jail because they're dangerous. We sent them to jail because they were bad (among other reasons.)
I'm not sure I understand what "bad" means within the context of jail. The reason why the Enron boys should (and did) go to jail was to deter other people from doing the same thing.
We could make Enron execs effectively harmless in the future by banning them from certain business positions.
Which would have little or no deterrance to stop anyone else from doing it again.
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Clearly deterrence is another important aspect, which is why I added the "among other things" parenthetical.
You might be right that in
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So how does that explain criminals who are gay bottoms?
Re:It's called deterrence. (Score:5, Funny)
We're on Slashdot. We're already fully aware of that.
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Maybe 2-3 times what they took, so it serves as a deterrent. Instead, two or three of the Enron guys go to some country-club prison at taxpayer expense for a few months each, and they and everyone else involved gets to keep most of the money they took. How is that good for anyone but the criminals?
Same with this guy: how many copies of the movie were actually downloaded? They're available for, what $15.00 each more or less?
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Well, CEO Jeffrey Skilling was sentenced to more than a few months, he got 24 years - or 288 months to be exact. And former CFO Andrew Fastow was given a 6 year term after cooperating with prosecutors and helping them secure Skilling's conviction - or 72 months. Ken Lay would have probably got at least 10+ years, but the bastard died before we could punish him. Skilling also faces a possible $18 million dollar fine - still les
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Now compare this to the punishment for shoplifting. If the punishment were proportional, shoplifting a can of soda would get you a millisecond or seconds of jail time (not long enough for the cops to even get handcuffs on you) and a fine of perhaps ten cents - and you get to keep the soda.
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Embezzlement and the complete destruction of a company along with pensions, savings, stocks and lives is hardly comparable to sharing a couple copies of some terrible movies with people on the Internet. That the people may or may not have even bought/watched if they weren't free.
But nice try linking the two.
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Someone who wipes out the life savings of thousands upon thousands of people for example. I understand living in poverty means you still have your life, but only barely (i.e. being homeless, foodless, etc).
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And house arrest sounds like a smart option to you?
Jail sentances are not only to keep away people from the rest of us, it's about punishment too.
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Public service comes to mind.
Jails should be about rehabiltating people.
Re:Please remind me again (Score:5, Insightful)
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It also doesn't matter if every option sucks, even if jail is completely ineffectual, it is still a better than the other option, which is to not pu
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My personal opinion is that this glorifies our basest instincts and shuts out our most human. In other words, choosing to only punish criminals is really a choice to hurt ourselves.
TW
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I could imagine, that this person is unlikely to commit this crime again.
Deterrence would work -- but only for White Collar criminals.
Prison should not be intended as a punishment. It is to protect others, or to rehabilitate. We have way too many people in prison -- now the most of any country. Being abused by some dangerous thugs, is not much good for making a better person come out of prison -- we are basically throwing away a human life.
And nobody should be in
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<deadpan>
So should death penalty.
</deadpan>
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I was thinking picking up trash. I mean, from the movies listed the man knows trash.
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Jail sentances are not only to keep away people from the rest of us, it's about punishment too.
I could be wrong, but I suspect that after a certain age most people are not motivated by potential (or previous) punishments so I suspect that "punishing" criminals is mostly a pointless act. Now, if your goals are protection of society and rehabilitation of the criminal (and your penal system was properly structured) house arrest would be a smart option; at $65,
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He broke the rules, and it being punished for it.
Rightr now, society says the punishment is jail.
Hopefully society will change where a judge will be able to come up with punishments that aren't so expensive to institute.
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Rules made by a few for the many.
The few, are in the pockets of the Corporations.
German society circa. 1936? (Score:3, Insightful)
Sure several million people were murdered for being the wrong race...but that was the law at the time!
really dude...
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It's really bad taste, and doesn't really make any point.
And if I am not mistaken society ended it. People fighting back were part of society, and society can make change.
One group of people does not make up all of society. One group of people with guns forcing people against there will is not society either.
If society was happy with it, then it would have continued.
Don't forget that society dictates what is moral. So if society
Re:German society circa. 1936? (Score:4, Insightful)
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What ever happened to sending criminals to Australia? That seemed to be working.
BTW, I'm not so sure that China's version of jail is "expensive to institute."
One correction (Score:3, Interesting)
s/society/government/g
There. That fixes the argument. There is a big difference between society and government. Society is simply a collection of people, whereas government is the ruling force of a jurisdiction of land. In some cases the society and government are somewhat intertwined, whereas in other cases the government is far removed from the society that it is governing.
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My argument stands.
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Perhaps he could be forced to actually watch those movies, though at least one of them could be considered "cruel and unusual". Lucky for him he didn't distribute "Miss Congeniality 2"...
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Hopefully society will change where a judge will be able to come up with punishments that aren't so expensive to institute.
They have. Corporal punishment, lashings, flaying, and execution (I'm not talking pretty little gas-chamber humane execution, but charging the family of the dearly departed a bill for the bullet). The problem is, the cheap methods aren't humane.
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Society is not a collection of laws, it's a collection of people, and in most societies the majority of those people are at least two steps removed from creating, or causing the creation, of law. Hopefully the morons who decided that non-profit copyright infringement is a criminal offense will reconsider.
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He's not a direct danger to society, obviously*
Now if copyright infringers aren't actually punished when they are caught, and most importantly, the severity of the punishment is sufficient to minimize the incentives to do so in a straightforward risk/gain analysis, the chance of a repeat infraction after the penalty has been paid is minimized.
Fining people impossible amounts of money usually doesn't accomplish anything, because if they don't have that much then there's nothing they can do, and if they
If he had been living in the US (Score:4, Funny)
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I don't know what's worse (Score:2, Redundant)
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I was living on campus that year, in student housing. Early in the year, figuring some sort of file-sharing was useful within the house, I set up two public shares, one read-only and one write-only. A folder where I could post things and a dropbox. Within a few months I'd forgotten about the dropbox.
Sometime the following year I was cleaning up the system and stumbled across the folder. Embarrassingly, I discovered two very large MPEG files conta
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Kind of ironic, too, isn't it? I mean, that the movie that was uploaded was Entrapment?
Re:I don't know what's worse (Score:4, Funny)
We had nightly backups of our home directories and all our work, so we don't lose anything. It was really kind of hard to be mad at anybody who gives you 40GB of porn.
Saturation (Score:5, Informative)
Here [slashdot.org] Hong kong announces their plan to find people violating copyright using BitTorrent.
Here [slashdot.org] is the report where they actualy find a guy.
The conviction [slashdot.org].
Now he has been sentenced. Hooray, we were right there with you all the way dude, at least in a metaphorical sense.
As a contest, the prize for which is my unending admiration, lets all agree not to rehash the same tired arguments in the 3 links above.
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In the mean time, pirated DVDs continued to be manufactured (and I mean serious manufacturing, not a couple of guys with a dozen or two DVD burners) and sold by street vendors.
"Magistrate MacIntosh..." (Score:4, Funny)
Confession (Score:4, Informative)
So basically he confessed and bragged about his l33titude, just like a little script kiddie bragging about defacing a website on an IIS 3.0 server. Had he not done this, perhaps it would have been more difficult to prove that he was sharing this movie and not just random blocks of binary code that happened to be very similar to those found in one rendition of the AVI files.
If you're going to share something iffy on BitTorrent use a public tracker that doesn't require logins, and maybe use an anonymous proxy like TOR. This isn't a 100% safe solution but it's likely better than what this chap did.
Actual harm done (Score:4, Interesting)
I imagine that the moviemakers actually did lose sales on these products, because most of the people that downloaded and watched these movies probably realized how bad they were and lost interest in purchasing them.
These companies want you to be blindfolded, and purchase based on 30 second blurbs with a catchy voice saying exciting things. When people see product they can make an actual informed purchase (or non-purchase).
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"These companies want you to be blindfolded, and purchase based on 30 second blurbs with a catchy voice saying exciting things. When people see product they can make an actual informed purchase (or non-purchase)."
I often do the very same thing at the grocery. I open up a package of something I saw advertised and eat some of it to see if it tastes good. If it sucks I don't purchase it. I really can't figure out why store managers get so upset about it, I'm just trying to make an informed purchase.
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Questionable analogy aside, there are grocery stores that let you do this if you were to just ask. I know it's a Whole Foods chainwide policy to let you do this, and if you at least ask nicely, many other grocers will let you try a new product free. Some days, they even try to push samples of new or featured products on you. Barring all that, call a manufacturer. They are very likely to give out a "get our product free" coupon and send it to you if you only ask.
Movie makers could learn from this, put
The court doesn't recognize bad movies (Score:4, Informative)
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Why not send the movie makers to jail? (Score:2)
Who needs comedians? (Score:2, Funny)
How the hell are we supposed to get modded funny when the friggin jokes write themselves??
what a turn of fate... (Score:5, Funny)
In prison his user name will be "Ben Dover"
Note to self... (Score:2)
Funny line break make much happy laughter. (Score:2)
Sounds fair to me.
Only in China (Score:2, Interesting)
A beowulf cluster (Score:2)
...of 'bad taste in movies' comments.
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The funny thing about the bad taste jokes is that if they all know they're really bad movies just what were they doing watching them in the first place.
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I'm stunned that I can't find any real anti-intellectual-property, copyright-violation-isn't-stealing arguements here yet. Just a bunch of people condemning the corporate corruption of the U.S. penal system. (Don't tell them TFA is about Chin
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While you may be referring to yourself, the situation described in the submission is happening in Honk Kong..
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Honk Kong (Score:2)
It's an island in the Mediterranean. Right next to Geese.
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It wasn't really sharing (Score:3)
Re:Prison sentence? (Score:5, Funny)
Can you just imagine what it would be like to be in the big house on this charge?
Cellmate: "Whatcha in for man?"
Nai-ming: "Miss Congeniality and Daredevil, how about you?"
Cellmate: "Double-murder, you're a Daredevil huh? well you'll be Miss Congeniality tonight."
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This case is in Hong Kong, a SAR of China so how biassed/corrupted the US legal system can be by corporate power is largely immaterial, I would also suggest that the penalties for Rape and Murder are somewhat harsher, at least in China and I assume in Hong Kong to a certain degree as well (Saying that I am unsure precisely what the situation is in Hong Kong, and what amount of transitioning there has been in the legal sphere since the UK handed the territory back to China).
In any case, this is certainly n
No, it's the Hong Kong SAR (Score:2)
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serves the bastard right.
Yeah, it's against the Geneva Convention to share Movies of Mass Destruction (MMD)
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