back to article UK cops arrest six alleged BitTorrent music uploaders

Cleveland police have today confirmed that six people have been arrested for allegedly sharing music files via the defunct BitTorrent tracker OiNK.cd. Five men aged between 19 and 33, and a 28-year-old woman were detained "in relation to uploading pre-release music", the force said in a statement. Three of the arrests were …

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  1. Anonymous Coward
    Happy

    RE: Right to Silence

    It doesnt exist in the case of passwords and encryption keys. To take the arguement further however you can put forward an arguement that you dont know the key/password by virtue of the account not belonging to you. By this method you can circumvent the requirement since you would have to have it put to you in court that the accuont was yours, lie about it, be charged with perjury and convicted of it ( not likely if the contents of the account cannot be verified with out the key ). At this point if you are found guilty then it becomes fact that you do own the account and you are then required to give the keys/password. Before this however you can only be forced into giving up the key:password if you admit to owning the account. Its like a law making it illegal to not give the name of your unicorn, I must first prove the fact that the unicorn exists and then have a court give the verdict that the unicorn is in fact yours.

    Its a very annoying defence, but if its the case that the encryption in use is strong enough or that the account can be destroyed in the mean time then it is a defence that could easily be employed. Of course the destruction of evidence is wrong but in todays world that evidence could easily be in another country .. hence the urgency in recovering the key.

  2. Anonymous Coward
    Coat

    simple question...

    what did they release that was so good that it gets to the point that they're being charged?

    *getting the cattleprod out of my jacket as someone knocks on the door*

  3. Aron A Aardvark

    The Boro

    Altho The Boro, if memory serves, is awash with filthy drugs and criminal gangs which must of greater concern to the police and public, the record companies, no matter how large they are, are entitled to have their intellectual rights defended. I cannot see how anyone can justify bittorrents etc as they are overwhelmingly used for the unauthorised distribution of someone else's property.

    So does anyone know the arrested parties and what their operation consisted of?

  4. Mark

    Re: fraud yes!

    Oddly enough, when I asked the police, they couldn't say what constituted fraud.

    'course I don't have wodges of cash or connections to their Super, so they don't want to do the work.

  5. Mark

    New York

    Used to be called "New Amsterdam". So it wasn't named after York in the UK.

    Why it got changed to New York from New Amsterdam I don't know.

  6. chris
    Stop

    "NO COMMENT!"

    ...the 2 most useful words in the legal vocabulary.

    They have to *prove* you did something wrong. The less they know about what you did, the harder it is for them to find something illegal in what you did.

    Quick example:

    "tell us your password"

    "I can't remember the password"

    "Aha! So this IS your account and not that other guy's..."

    " :( "

  7. michael

    Re: there's a Cleveland in the UK?

    when I was young it took me a while to figer out that the washingtion in the news was not the one near newcastle

  8. Lul Whut
    Coat

    What's Oink?

    I can;t remember what I downloaded last week, never mind what I grabbed from the pink palace. I don't rock a tin foil hat but one system rebuild later...

    "Sorry officer, I have absolutely no recollection of anything to do with any mp3 site relating to pigs."

  9. Anonymous Coward
    Thumb Down

    @Mark re New York

    Sigh. Yes it was called New Amsterdam originally.

    It was renamed New York after the Duke of York, whose name came from... wait for it... the city of York, in England.

    So it gets it's name from York, in the UK.

  10. GrahamT
    Boffin

    @New York

    New York was named after the Duke of York (Later James II) who was titled from York in the UK, New York, Cleveland, Lancaster, Dartmouth, Boston, Birmingham, and half the towns in New England and Pennsylvania are named after British towns. Then there is Paris, Strasbourg and other European loan names.

  11. Anonymous Coward
    Anonymous Coward

    Why is prosecuting someone who is accused of breaking the law wrong?

    While not necessarily agreeing with methods and laws used by the record industry I don't see that they are wrong to try to stop people copying their property (and with current artist/record company deals it is theirs, rightly or wrongly)

    Similarly with the police, are they wrong to investigate a crime? Yes, murder may be worse, but by that token they should be spending all their resources inventing a time machine to go back and stop Hitler/Stalin/Pol Pot (insert favorite genocidal maniac). Part of the reason for the "breakdown of society" is that low level anti-social/anti-societal behaviour is no long nipped in the bud before it turns into murder.

    And thats speaking as someone who has fileshared.

  12. Mark Burns
    Thumb Up

    @Mark Re: New York

    "Nieuw Amsterdam" (New Amsterdam), was a Dutch Fur trading colony on the southern tip of Manhattan, founded in 1614. The rest of Manhattan was bought by the Dutch from the Lenape for 60 gilders in 1624.

    Conquered by the English in 1664, the city was renamed to "New York" after the English Duke of York and Albany.

    Here endeth the history lesson.

  13. Mark

    Re: Why is prosecuting someone who is accused of breaking the law wrong?

    Because when Sony "stole" IP from the Open Source project LAME, the police didn't bat an eyelid.

    Because such infraction is, where monetary renumeration is not the point, there's no criminal problem, only civil one.

    Because the losses (as someone else pointed out) must be fabricated, else the revenue figures once Oink was taken down should have gone up measurably but it hasn't.

    I've used filesharing (mirroring Linux). My sisters have (WoW updates).

  14. Mark

    "entitled to have their intellectual rights defended"

    However, insofar as copyright is a quid-pro-quo exchanging the rights of the public (that makes the product worth anything) to the rights of the author, why don't we, the public, get our intellectual rights defended?

    Such rights expire well beyond our deaths, even for things that we heard soon after birth. Each extension of copyright steals more rights from the public and the public get nothing in exchange. Are we not being robbed?

    We had the right to works for Fair Dealing/Fair Use. We had the right to make a turning copy (how many paytards knew that?). We had the right to own the music or videos we bought. We used to have the right to refuse a contract and not have to pay a penalty.

    All these intellectual rights we had have not been defended.

    Who will defend them? The government should, but won't. The ruling elite do not listen to the plebian masses. At least not until it's too late for a meeting of minds.

  15. julian

    This is not justice

    Virtually everyday the news reports another stabbing or shooting of a child in our cities. The criminal elements are running riot in these lawless city centres, anarchy and the gun/knife/drugs rule. REAL CRIME WITH REAL VICTIMS.

    The government appears to be doing nothing, when any simpleton could come up with the anwers to what is needed. In the mean time children are being STABBED and SHOT virtually everyday.

    So why are the police wasting their resources on file sharers? Are they the REAL CRIMINALS? Are they stabbing children, mugging old ladies? No. Copyright theft (if it even exists as such?) is a civil NOT a criminal issue. The record companies should fight their own battles, NOT AT THE TAX PAYERS EXPENSE.

    Police should be on the streets, where they belong, putting away the yobs, murderers, drug dealers, gang members etc etc. not messing about cherry picking easy targets.

    Like car drivers, torrenters and p2p'ers will be easy pickings, ideal for a bit of extra revenue and meeting government crime rate targets. In the mean time many people fear leaving their own homes because of the threat of violent crime in our society.

  16. Christian Cook

    RE: New York

    I am sure it was once all new and shiny, but as it is now many hundreds of years old, I think they should drop that whole 'New' bit from 'New York' as it no longer applies.

    It should now be called Newer York, Younger York, Son of York, Not Quite As Old As The Other One York, York Jnr. or York 2.0

  17. Anonymous Coward
    Flame

    @julian

    "So why are the police wasting their resources on ".. burglars/arsonists/shoplifters/vandals?

    "Are they the REAL CRIMINALS? Are they stabbing children, mugging old ladies?"

    Since there are murderers out there who haven't been caught they shouldn't even bother with the old lady muggers either should they?

    That must be the most utterly stupid argument I've ever seen on here and it gets repeated over and over when the tiniest bit of thought shows the total glaring stupidity of it.

    Ok, I've taken the pill now.

  18. Mr_Flibble
    Pirate

    Ah Middlesbrough

    Voted worse place to live in the uk.

    One of the highest density of drug dealers in the uk.

    Police unable to prosecute someone caught by them trying to remove my car stereo because it wasn't worth their time (it wasn't worth my time replacing the window in my car either).

    Waiting 4 hours for a response after an attempted mugging.

    And inability to actually send police officers to an incident that was in progress.

    Although Grange road there is a pretty dodgy area so I'm not surprised he was arrested.

    Skull and bones because the place is a toxic wasteland.

  19. Russell Preece

    Encryption Keys and Passwords

    In the broader sense of forcing "suspects" to hand over the encryption keys and passwords, what would happen if you had the following setup for logging into your accounts.

    On creating your password, you type a password into it then get somebody else (girfriend, wife, sibling etc) to type a password directly after yours. On logging in, you can only get in if both of you type your passwords in the same way, but not disclosing each others passwords.

    Surely the authorities demanding the password would be stumped, as the other person wouldn't be a suspect, and therefore you have duly given them your password, but that doesn't make the complete string. They still can't get in, and can't make the other person a suspect without proof...

    Anybody know if this would be sufficient? It would be a hassle, granted, but would be a good way of securing against this preposterous ruling.

    Of course you could just tell them that was the situation and get the other person to agree to saying they have the other password :)

  20. Danny

    @CC

    When they decide to move to a new planet they'll set up a new new york new new england,.....could be a real ass to figure out where someone means if they have a stammer.

  21. David
    Joke

    Re:RE: New York

    How about "The York Strikes Back"?

  22. Anonymous Coward
    Stop

    Re: ...

    @JonB

    "Yes, because the police can only do one crime at once, someone was murdered in Glasgow the other week that means we should be free to commit any crime we wish there until they've caught the murderer."

    Don't be a prat. Some plods will work on one task exclusively, others work on many tasks concurrently. My comments don't touch that subject at all. Why aren't the Cleveland plods working on task that are of greater importance to the locals? Because, as has been mentioned here, the locals don't have as much political clout as the lawyers bought by the music industry. I cannot equate a small loss of revenue for the music companies to the mugging of a pensioner. can you?

    @horsesintransit

    Yes the music companies have the should have the same rights as any other property owner. According to need. The mugging of a pensioner _inside a bank_ will affect that person, and their family far more than OiNK hosting torrents. The police forces should remember who THEY work for, not who have the address of the Chief Constable.

    @Dex

    "7 words for you: "You have the right to remain silent""

    not any more you don't. That was taken away some time ago. remember - "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."

    @AC

    "Why is prosecuting someone who is accused of breaking the law wrong?"

    It is not wrong. The problem here is who is doing the investigation and the relative merits of spending 7 months on an investigation into FILESHARING when those resources could have been spent on activities which could have benefited the people of Cleveland more directly. This investigation _may_ benefit the music companies and their shareholders (though how I do not know.) Taking a drug gang off the streets, or locking up a couple of muggers WOULD have benefited the local community.

  23. Anonymous Coward
    Anonymous Coward

    @Russell Preece

    Police would ask other party, other party either complies or refuses, if they refuse they are then acting suspiciously, or worse concealing evidence.

    Now, what if the password were biometric and the police shot off the hand that held the fingerprint while you were getting on the tube?

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  25. Suburban Inmate
    Pirate

    Easy answer.

    Don't support the music industry that bollockses about with my society (government, economy, law, and the soul-destroying messages children get from their lyrics and videos), releases crap noises and some decent tunes that arrive at the pressing plant as crappy noise thanks to over-loud volume levelling that muffles the bass and overdrives everything else.

    Remember Keane? Brilliant. Checked out some mp3s, couldnt stand them. Listened to a kosher CD, just to make sure, still unlistenable. Two words: "Dynamic range". Furthermore, 44.1Khz 16 bit stereo does NOT pass muster in 2008. What ever happened to DVD Audio?

    I'd stop buying music because of all the above, but I already did. 5 years ago. I'm proud to say that little if any of my money is funding the industry's behaviour.

  26. Mark

    Re: RE: New York

    Well, since it's America, surely it should be York II. Pronounced "York the second".

  27. Anonymous Coward
    Anonymous Coward

    section 49?

    Section 49 of the Regulation of Investigatory Powers Act can be used by police to force suspects to disclose encryption keys and passwords. Failure to comply with with a section 49 order carries a prison sentence of up to five years.

    I presume this is section 49 of Terrorism act - and from what I can see regardless of actual crime all are treated under terrorism act

    This place is doomed i tell ya

  28. Anonymous Coward
    Anonymous Coward

    @AC

    >Why aren't the Cleveland plods working on task that are of greater importance to the locals?

    Some are working on some tasks exclusively, some will be working on many tasks concurrently. Your insistence, is that actually they should work on the old lady being mugged totally ignoring the other offence that you don't feel people should be prosecuted for.

    So rather than some bullshit about "why aren't the police working on x instead of y".

    Why don't you just say "I don't think y should be illegal."?

    It's a crap argument, stop using it.

    To answer your moronic arguments about what the police should be up to, the police should be investigating crimes - as many of them as they are able.

    BTW I suspect your accusation that the Chief Constable of Cleveland is corrupt are probably libellous.

  29. John Band
    IT Angle

    No, this isn't the point

    "<i>Your insistence, is that actually they should work on the old lady being mugged totally ignoring the other offence that you don't feel people should be prosecuted for.</i>"

    The point is, if you were to ask the ratepayers of Cleveland to fill out a referendum of preferred police priorities, then harassing filesharers would be pretty close to the bottom. Since they're the ones who fund the Cleveland rozzers, their wishes should be taken into account.

    Conversely, City of London Police invest a great deal of money and resource into tackling corporate crime, because it is important to their constituents (as companies don't want their rivals to get away with cheating). If anyone is going to bother with this investigation, it should be them...

  30. pAnoNymous

    RE: RE: the police only care about high profile crime

    "I have heard and seen this befor. People complaining about the police not doing anything when they dont tell the Police anything."

    So why do we have all this CCTV?

    Or are you saying that the police are only interested when jo public hand over all the evidence required so they just have to turn up, take someone away and fill in a couple of forms?

  31. Hans

    @Michael - @julian "real" criminals

    But the Police SHOULD know the difference between civil law and criminal law.

    Leave civil law matters to private prosecutions, and pursue criminals under . . . guess what? . . . criminal law.

  32. Mark

    Get them on to the BT copyright offenders!

    No, I'm talking about BT: British Telecom.

    They have been taking the content you asked for from a site and replaced adverts for charity sites or products for ads that generate revenue for BT.

    That there is a copyright offense, unless they've got the agreement from the site to change their pages...

    At least Google add their crud around the page and don't kid on it's the original.

    (Eagerly awaiting SOCA accessing Phorm and BT....)

  33. James

    Buy direct from the seller?

    Music companies create too much law and have too much power.

    A good idea would be to remove the power in the first place by not giving money to artists who use the main distributers and buying direct from the source instead. That way the distributers wouldn't get wealthy and monopolistic enough to have this much power. Simple as that. If we can't buy from the source, then we don't buy.

    Anyone know of any sites that offer a "buy direct from the artist" with an option to listen to the music beforehand? Might be nice to see what else is out there that isn't mainstream.

    In this digital age I really don't see the point in some environmentally unfriendly piece of plastic that can only hold 20 songs on it anyway.

  34. Anonymous Coward
    Anonymous Coward

    Re: Fraud

    There's not enough info in the article to say what the suspected fraud is, but I expect it's associated with pre-release works. Lying to obtain them perhaps?

    Surely the caution kicks off with "You do not have to say anything..." but you do don't you? In quite a few offences as well now, there's the driver of your car thing for instance.

  35. tony trolle

    new york

    named after Duke of York ,James Stuart (the second son of Charles I); which funny enough is a title usually given to the second son of the British monarch so not really after the town.

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