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Old 2004-06-30, 14:54   Link #41
icewolf1911
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Join Date: Jun 2004
Location: North Carolina
Well, as my first post was suspended by the Gestapo or NKVD, take your flavor for posting a site with 'illegal torrents'. Even though that clearly was not the purpose of the post, and the link I listed DID NOT have torrents on it (while, granted the domain did). I'll post again, but _this_ time I'll omit the link that one could find faster under Google anyway. I wonder if I should omit anyone using fivio.com as they all come from the same racks now.

As http://<evil URL>/inquiries.php clearly points out on their site:

Public reply from <evil URL>: (06.28.2004)
<evil URL> is not under North American's laws. It is unfortunate that this Site is available in North America, since it has only been made for Comoro Islands' inhabitants, where <evil URL> is acting from. Moreover, the referenced international copyright laws don't apply, since the Comoro Islands:
- didn't sign the International Berne Convention of 1886
- is not a state member of the WIPO.

<evil URL> is acting as an AUTOMATIC index of links, and the Protected Work you make reference to are NOT hosted on this server. If your corporation believes that "pointing to materials which you have property rights on" is an illegal fact, you may sue Google.com (2400 E. Bayshore Pkwy Mountain View, CA 94043, USA) having indexed this Site, under the Digital Millenium Copyright Act of 1998.

Now, doing a little tracert on the site "<evil URL>" yields that it is hosted by http://www.fivio.com/. Which is located in Malaysia in South East Asia for those who don't know (If you take Michael Moore's words for it, about 60% of us don't know where it is ( http://www.mirror.co.uk/news/allnews...name_page.html ) )

Anyway, Malaysia looks like this: http://www.cia.gov/cia/publications/...k/geos/my.html

Now the Comoro Islands are located here:
http://www.cia.gov/cia/publications/...k/geos/cn.html
Which is off the East Coast of Africa. So their statement that they are coming out of the Comoro Islands is smoke and mirrors in a pumped up attempt to make ADV second guess themselves and try to get their legal department to spend more money on figuring out it that is bunk or not.

While I don't always agree with how ADV handles their affairs, I can't really fault them on this subject. So my advice to them it direct thy legal department at Malaysia and you will find truth.

Anyway, that is my two cents on the measure. If you want to know where <evil URL> is then try some googling for it, because I won't tell.

- `icewolf
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Old 2004-06-30, 16:18   Link #42
anime_layer
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@icewolf1911
If you check the whois entry of the domain there's really someone comming from Comore Islands lilsted as the owner of the domain. That information might be fake, though.
It's also interesting that the traceroute points to malaysia while the domain resolved to an IP from a hugarian ISP when I last checked. Might very well be that ADV already shut down the server in hungary and they relocated to malaysia. That would also explain the downtime and why I culdn't get on the site while other culd (DNS update).
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Old 2004-06-30, 16:36   Link #43
Prince of Chronics
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Apparently... the downtime was a result of a ddos attack...
Quote:
Originally Posted by www.???.com on June 29
Ouch! DDoS/Overload attack on the other server. Backup server // mirror: please repost BT, old saving. Time to react: 5 hours. // Lost 1 day torrent, will backup later, sorry.
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Old 2004-06-30, 16:41   Link #44
icewolf1911
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Quote:
Originally Posted by anime_layer
@icewolf1911
If you check the whois entry of the domain there's really someone comming from Comore Islands lilsted as the owner of the domain. That information might be fake, though..
True, one could stretch that the owner is in Comoro (somewhat suspect I also agree). However I think the main point, 'are they really in the legal limbo land of Comoro?' is that that are not. Now all that has to be done is check up with Malaysia and their legal mumbo-jumbo.
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Old 2004-06-30, 16:52   Link #45
anime_layer
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Quote:
Originally Posted by icewolf1911
True, one could stretch that the owner is in Comoro (somewhat suspect I also agree). However I think the main point, 'are they really in the legal limbo land of Comoro?' is that that are not. Now all that has to be done is check up with Malaysia and their legal mumbo-jumbo.
What the authorities in malaysia can do is shut down the server. Not much more. If the person taking responsibility of the whole project really lives in Comoro, then it's gonna be really hard to stop him.
And it looks like they've set up some backup server so they can play some hide and seek, propably hoping ADV will give up on the way.
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Old 2004-06-30, 18:14   Link #46
Princess_of_Hell
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I like the new site, cuz it has the same old MIRCX goodness.
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Old 2004-06-30, 19:56   Link #47
eXistenZ
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actually the main site aint from thier, thier is a round robin feature going on with mirrors. sorta like animesuki here. while one server could be unplugged a mirror would just take over. the lady scripting this obviously has some talent.

if the replacement was to entirely go down a even newer replacement would spring up within days. also anime that is licensed might go underground still available to the masses, but after a trickle down. sorta like downloading the latest movies.

i myself am apart of an elite filesharing networking that uses BT, its a closed community and sharing is highly monitored, no hitting and running there.
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Old 2004-07-01, 00:27   Link #48
icewolf1911
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Quote:
Originally Posted by eXistenZ
actually the main site aint from thier, thier is a round robin feature going on with mirrors. sorta like animesuki here. while one server could be unplugged a mirror would just take over. the lady scripting this obviously has some talent.
I have to ask myself though, what with all of this running around that they are doing just to maintain a BitTorrent site, is how much is it costing them? I'm sure they have some way of paying the bills, but running from one service to another after every, ah, 'safe house' I guess you could call it is found I sure will start to add up.

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Old 2004-07-01, 01:37   Link #49
panianna
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[QUOTE=wao]Well, like I said earlier maybe there could be mircx like sites that block ranges of IPs. Of course for stuff on mIRC it's going to be around as prevalent as ever, mircx or no. Whether you like it or not that's the way it is...

QUOTE]

Good idea. I've seen a few sites that implemented that idea, in my neighbour Lithuania or in Russia for example. They block IPs rather out of concerns of imminent danger of a huge foreign traffic, but still technically it can be done and it should be done. Anyway, non-Americans should start their own funsubbing projects in their respective languages and don't depend on English funsubs too much. And there should be sites like mircx exclusively for non-English funsubs. That way we would not be deprived of anime because of American legislation.
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Old 2004-07-01, 04:09   Link #50
wao
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Quote:
Originally Posted by panianna
Good idea. I've seen a few sites that implemented that idea, in my neighbour Lithuania or in Russia for example. They block IPs rather out of concerns of imminent danger of a huge foreign traffic, but still technically it can be done and it should be done. Anyway, non-Americans should start their own funsubbing projects in their respective languages and don't depend on English funsubs too much. And there should be sites like mircx exclusively for non-English funsubs. That way we would not be deprived of anime because of American legislation.
Well, there ARE lots of Spanish, Chinese, French etc. subbed anime. There's frozen layer and greedland and all sorts of sites like that...

However, the point of other-region customers watching English fansubs rather than others is that one, English is easier for quite a number of people (like in Singapore, people seem to prefer English to Chinese), and it's like a standard sort of thing - Chinese subs, for example, will only make it available for those who can understand Chinese, but English subs will make it available to a lot more people (It will exclude those who don't know English but know Chinese, but there aren't THAT many people nowadays). So it's something like saving energy so that you can let more people watch with one release rather than have sooo many releases.

It still is good to have other language subs, though, primarily because many of the R1 customers can't therefore access it. (Many, but not all!) Which makes it even more secure that it is distributed to a certain region...


Complaining that there should be sites like this won't work, and I understand the best way is to get off my fat posterior and do some work, but I'm way too busy with school to be able to learn (and re-learn) loads of things to set up a BT website and so on and blah blah. Ain't as free as half of you out there.

icewolf: It might just be possible that the server bandwidth or whatever is a donation? I'm pretty sure that GHD (using animesuki as an example) doesn't have to pay for the mirrors, but I might be wrong...
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Old 2004-07-01, 15:41   Link #51
AvatarADV
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Quote:
Originally Posted by wao
icewolf: It might just be possible that the server bandwidth or whatever is a donation? I'm pretty sure that GHD (using animesuki as an example) doesn't have to pay for the mirrors, but I might be wrong...
True, but "donated" bandwidth and server space isn't going to stick with you if a legal complaint develops (in fact, you're kind of kicking the donator in the crotch by making them liable for your illegal acts...)
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Old 2004-07-01, 20:03   Link #52
eXistenZ
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depends on the donator. if your talking about a huge porn/warez server donating the server space, legal complaints might hold very little impact. if your talking about someone like rackshack donating then it might be diffrent.

the warez/pirate scene is alot more organized and bigger then the news makes it seem. for every 'major' scene bust making it to the news another few hundred at least are still running under the radar. but i digress.

i could theoretically run a mirror upon my connection, due to the high metered bandwidth connection i have, you send a cease and desist to me, through my isp, i shut down and wait for you take months up in legal battles on trying to get my personal info from my isp due to canadian privacy laws. cant use the DMCA as a threat upon my head due to those laws never having a legal right over my head.

i dont run a mirror or bittorrent server, but theoretically i could.

but iffin ya could answer this question mister adv employee, iffin ya dont figure the fansub community in your projected sales, why the hub bub about the fans watching fansubs of currently licensed shows.

like right now, if anyone licensed naruto, and fansubs stopped, would even a quarter of the naruto fans wait 3 to possibly 4 years from a company to catch up. i know i wouldnt, i would have forgotten about naruto. by that time newer and better anime will have have come and gone.

anywho, any and all thoughts in this post are of my opinion, and speculation.
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Old 2004-07-09, 15:33   Link #53
Joe Dalton
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Bump... Mircx opened up a can of legal whoopass and has returned. though under a different URL.
Go forth and look... and no I am not going to respond to junkloads of spam asking for the link so dont waste your time... *shudders at memories of the past*
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Old 2004-07-09, 22:28   Link #54
Forse
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Quote:
Originally Posted by AvatarADV
Also depends on where the person who -runs- the site is from, of course. If you're from the US, you can't set up a site run from a small African nation so that you can avoid US law... YOU'RE still under those laws ('cause you live here! ;p) Mind you, the foreign hosting service might not take the site down, but OTOH that just means that there's no option but to sue you personally until you're too poor to afford a site in a foreign country...

Even if a given nation isn't a Berne signatory, they may still belong to WIPO; failing that, they may have bilateral agreements with Japan and/or the US concerning copyright, like Taiwan does.

As far as the linking goes, the 2600 case set a pretty clear precedent... you can't just link to another site to prevent yourself from being sued.

On top of all that, the DMCA puts a lot of emphasis on the context of a particular infringement. If the "automatic search" was in the context of Google, that would be one thing - in a site dedicated to anime piracy, the context is going to be completely different, and the judge will not be sympathetic to your "but Google does it" argument. ^_^

Seriously, guys, don't try to play amateur lawyer on this one. A federal lawsuit is extremely expensive to defend even if you're not guilty, and if you're pirating our anime, you're NOT going to win a suit on the issue. Don't stand in front of a freight train because you believe that it's supposed to stop for you!
That's mighty interesting There are tons of site that distributes anime DVD rips and there always will be. And yes wnkryo is right, no matter how you put it: P2P applications will always be there. Everyone will just move to some protocols like KAD where there are no server to connect to there for you can't shut it down.

I think ADV is goes in wrong direction, I mean you can't wipe all sites on net distributing your anime...it's just impossible. You will just waste money. On other hand why not make DVDs better, maybe cheaper...promote them or something (I am not businessman...so I don’t know about this).
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