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Re:Thepiratebay.se is back online by geekam on Saturday January 31, 2015 @09:53AM (#8976827)
I have become so cynical and scared that I usually do not even click on such websites and links. Can the US police arrest you to visit just the web page and search on it?

I wonder how it is back? Aren't Sunde et. al. in jail for this?

Re:Thepiratebay.se is back online by maxerickson on Saturday January 31, 2015 @10:01AM (#8976855)
It's about as likely as police arresting you because they feel like it. Which I guess happens, but there is little that can be done personally to guard against it.

(I'm trying to draw a distinction between actions that protect an individual and actions that encourage a fair society there, it's the protecting just yourself against corrupt police that isn't particularly possible)

Re:Thepiratebay.se is back online by jeffreyrogers on Saturday January 31, 2015 @11:17AM (#8977055)
Yeah, there is a strange misconception on HN that the US legal system is totally broken and that everyone is out to get you. I don't think the data support this. Actually, I believe there is legal precedent that you can't be prosecuted for downloading something from a site like TPB, only from uploading to others (the reasoning is that when you upload you're a distributor).
Re:Thepiratebay.se is back online by gizmo686 on Saturday January 31, 2015 @12:39PM (#8977325)
This is mostly true; it is perfectly legal to download copyrighted material. The crime is in distributing copyrighted material that you do not have any rights to. This means that I do not need to worry about if Hulu, Funimation, or whatever streaming service I am using is complying with the law and obtained the rights to stream their content.

However, in the case of torrents you are also uploading the content, which is illegal; and I believe there is precedent that you can be charged (although I do not have a case handy).

Re:Thepiratebay.se is back online by zanny on Saturday January 31, 2015 @12:55PM (#8977383)
So just go set upload speed to 0 and enjoy the 4k game of thrones?
Re:Thepiratebay.se is back online by pdkl95 on Saturday January 31, 2015 @04:11PM (#8978109)
This strategy is mentioned in many bittorrent discussion.

What I have yet to see is any sort of justification for why it is ok to push personal risk onto other people, many of which have no idea how bittorrent works.

If you're going to use bittorrent for works that are protected by copyright, sharing in a small amount of risk is how the protocol works. Technical changes that actually reduce risks are fine; moving risk around is merely hoping someone who is ignorant of the technical details can be the patsy.

Re:Thepiratebay.se is back online by cdh on Saturday January 31, 2015 @01:36PM (#8977536)
I'm not familiar with the specifics of the protocol, but your download speeds would be much slower without uploading. I believe that with BitTorrent, you are penalized/rewarded somehow for not uploading vs. uploading.
Re:Thepiratebay.se is back online by zanny on Saturday January 31, 2015 @11:45PM (#8979197)
Not really, trackers will impose restrictions on users based on seeding ratios, but if you just DHT a random torrent whoever gets bandwidth is more down to random luck than priority towards other seeders. There is just no protocol level mechanism that prioritizes seeding to someone with a higher upload - the choice of who to seed to is up mostly to the implementation.
Re:Thepiratebay.se is back online by geekam on Saturday January 31, 2015 @12:00PM (#8977175)
> I believe there is legal precedent that you can't be prosecuted for downloading something from a site like TPB, only from uploading to others

I did not know that's the case. Do you have a source to confirm this?

Re:Thepiratebay.se is back online by gpvos on Saturday January 31, 2015 @01:40PM (#8977552)
This used to be the case in the Netherlands, until an EU directive overrode it. No idea about the US, sorry.
Re:Thepiratebay.se is back online by teamhappy on Saturday January 31, 2015 @10:09AM (#8976873)
I don't think you need to worry about that. We live in a world where web browsers implement prefetching to improve overall performance, which means your browser "clicks" links for you in the background all the time. This may or may not end up looking like you visited the website yourself. I'm not sure if they're distinguishable, but you get the point. Aside from that, I don't think visiting The Pirate Bay is illegal in the first place, the same way that talking to a drug dealer isn't necessarily illegal either.

Anyway, if you're still worried, I suggest you use the Tor Browser and stop worrying about these things all together.

https://www.torproject.org/ (no affiliation)

Re:Thepiratebay.se is back online by Dylan16807 on Saturday January 31, 2015 @10:32AM (#8976942)
>I don't think visiting The Pirate Bay is illegal in the first place, the same way that talking to a drug dealer isn't necessarily illegal either.

You'd think that, but stop and remember what the pirate bay actually does, again.

They don't have copyrighted files. They used to but no longer keep track of the people that do have copyrighted files. All they have is descriptions of files and ID numbers. Plus comments and a search engine.

So while I'm pretty sure you won't get arrested for visiting today, I'm less confident the current law won't become stretched enough to cover it.

Re:Thepiratebay.se is back online by teamhappy on Saturday January 31, 2015 @10:56AM (#8977001)
> They don't have copyrighted files.

True.

> They used to [...] keep track of the people that do have copyrighted files

Did they get rid of their tracker? I don't know actually, but that's not important. Running a torrent tracker is considered very legal in most places (similar to running a Tor exit node or something like that).

> Plus comments and a search engine.

That's the tricky bit.

> So while I'm pretty sure you won't get arrested for visiting today, I'm less confident the current law won't become stretched enough to cover it.

I'd rather you wouldn't just say stuff like that. You're basically spreading FUD. There is no sane reason to believe anybody will ever be arrested (in western countries, that is) for visiting a site like TPB. Which law would you like to stretch in order to make that happen? Using their indexer is similar to getting a menu from your drug dealer. You haven't even attempted to do anything illegal yet. What you'd need is a law that allows you to arrest people for something they haven't even attempted to do (some people call that pre-crime).

What happens in reality instead is governments blocking sites like TPB and that's the end of that.

Re:Thepiratebay.se is back online by Dylan16807 on Saturday January 31, 2015 @11:20AM (#8977062)
>Did they get rid of their tracker?

Yes.

>> Plus comments and a search engine.

> That's the tricky bit.

Wait, you think the comments and search engine are the problem? What if they dumped a big list of the most recent 10000 magnet URLs and descriptions at you?

> You're basically spreading FUD.

Well I am pretty scared and uncertain. The Pirate Bay is already so far removed from the actual copyright infringement that I don't see how another layer of indirection guarantees safety for the people that visit the site. Perhaps you wouldn't get in trouble just for searching, but if you used the search results in the process of infringing copyright I would not be surprised to see some kind of conspiracy to commit copyright infringement charge added on for making the search. Is that completely unreasonable?

Can you explain to me how TPB's actions are illegal today? In the dealer analogy, they've never even seen a drug. They ask you what chemical you want and tell you an arbitrary code word that some dealers will recognize.

The problem can't really be that it's a search engine rather than an unorganized list...can it?

Re:Thepiratebay.se is back online by teamhappy on Saturday January 31, 2015 @11:32AM (#8977087)
> Is that completely unreasonable?

Absolutely not! Once you click a magnet link, you're on your own. I was just talking about visiting the site, searching, really not doing anything.

> Can you explain to me how TPB's actions are illegal today?

Depends on the jurisdiction, I guess. I'm not sure TPB is actually illegal, but that question is quite complex. I really wouldn't know.

> The problem can't really be that it's a search engine rather than an unorganized list...can it?

Of course it is! That's how the ended up in court in the first place. On top of all their legal-ish infrastructure (the trackers, etc.) they provide a website that allows people to aggregate, filter, enrich, etc., content. I'm not sure that alone get's you in trouble (it might not!), but it certainly will once you add ads to finance the entire thing.

Re:Thepiratebay.se is back online by Dylan16807 on Saturday January 31, 2015 @11:51AM (#8977137)
>they provide a website that allows people to aggregate, filter, enrich, etc., content.

Well let me put it this way. If they had a site with exactly the same interface for viewing torrent info, but no comments, no votes, no filtering, no searching. You think that would win in court?

Re:Thepiratebay.se is back online by teamhappy on Saturday January 31, 2015 @12:00PM (#8977174)
Probably not, but that's a different story entirely. I got you though.
Re:Thepiratebay.se is back online by unicornporn on Saturday January 31, 2015 @10:23AM (#8976913)
Sunde and the guys haven't been affiliated with the site for years and they just want to see it dead.
Re:Thepiratebay.se is back online by r3bl on Saturday January 31, 2015 @01:38PM (#8977542)
I think that it is important to emphasize is that the reason why they want to see it dead is because they want the community to build something new and better instead of relying on an over 10 year old service. They want to see some innovation.

Further reading (by Peter Sunde himself): [1] http://blog.brokep.com/2014/12/09/the-pirate-bay-down-foreve... [2] http://www.wired.co.uk/news/archive/2014-12/11/peter-sunde

Re:Thepiratebay.se is back online by hnnewguy on Saturday January 31, 2015 @02:31PM (#8977732)
>Can the US police arrest you to visit just the web page and search on it?

I'm going to sound like a paranoid nut (and I can assure you I'm not), but the reality is, if you get a target on your back the "US police" will find a way to arrest you[1].

This is the scary thing about mass data collection; they can concoct any story they want from the breadcrumbs of personal data.

[1] a fun documentary about someone getting railroaded when the police needed a suspect: http://www.pbs.org/wgbh/pages/frontline/anthrax-files/