X-Git-Url: https://pere.pagekite.me/gitweb/homepage.git/blobdiff_plain/88e1a5e520042c00eb21e06c7497fc15a3b951e6..b738c0441e61115aa2dcc71949760769c0c38a07:/blog/archive/2017/02/02.rss?ds=inline diff --git a/blog/archive/2017/02/02.rss b/blog/archive/2017/02/02.rss index 8c1614a3b3..345c4e7766 100644 --- a/blog/archive/2017/02/02.rss +++ b/blog/archive/2017/02/02.rss @@ -10,53 +10,80 @@ A day in court challenging seizure of popcorn-time.no for #domstolkontroll http://people.skolelinux.org/pere/blog/A_day_in_court_challenging_seizure_of_popcorn_time_no_for__domstolkontroll.html http://people.skolelinux.org/pere/blog/A_day_in_court_challenging_seizure_of_popcorn_time_no_for__domstolkontroll.html - Thu, 2 Feb 2017 10:30:00 +0100 + Fri, 3 Feb 2017 11:10:00 +0100 <p align="center"><img width="70%" src="http://people.skolelinux.org/pere/blog/images/2017-02-01-popcorn-time-in-court.jpeg"></p> -<p>Yesterday, I spent the entire day in court in Follo Tingrett -representing the member association NUUG, alongside the member -association EFN and the DNS registrar IMC, challenging the seizure of -the DNS name popcorn-time.no. It was interesting to sit in a court of -law for the first time in my life.</p> +<p>On Wednesday, I spent the entire day in court in Follo Tingrett +representing <a href="https://www.nuug.no/">the member association +NUUG</a>, alongside <a href="https://www.efn.no/">the member +association EFN</a> and <a href="http://www.imc.no">the DNS registrar +IMC</a>, challenging the seizure of the DNS name popcorn-time.no. It +was interesting to sit in a court of law for the first time in my +life. Our team can be seen in the picture above: attorney Ola +Tellesbø, EFN board member Tom Fredrik Blenning, IMC CEO Morten Emil +Eriksen and NUUG board member Petter Reinholdtsen.</p> -<p>The case at hand is that the Norwegian National Authority for -Investigation and Prosecution of Economic and Environmental Crime -decided on their own, to seizure a DNS domain early last year, without -following +<p><a href="http://www.domstol.no/no/Enkelt-domstol/follo-tingrett/Nar-gar-rettssaken/Beramming/?cid=AAAA1701301512081262234UJFBVEZZZZZEJBAvtale">The +case at hand</a> is that the Norwegian National Authority for +Investigation and Prosecution of Economic and Environmental Crime (aka +Økokrim) decided on their own, to seizure a DNS domain early last +year, without following <a href="https://www.norid.no/no/regelverk/navnepolitikk/#link12">the official policy of the Norwegian DNS authority</a> which require a court decision. The web site in question was a site covering Popcorn -Time. Our team can be seen in the picture above: attorney Ola -Tellesbø, EFN board member Tom Fredrik Blenning, IMC CEO Morten Emil -Eriksen and NUUG board member Petter Reinholdtsen. From the other -side there were two people from Økokrim (Elisabeth Harbo-Lervik and -Stian Petersen). On the benches, appearing to be part of the -government group were two people from the Simonsen Vogt Wiik lawyer -office (Hedda Heier and Nicholas Foss Barbantonis), and three others I -am not quite sure who was.</p> +Time. And Popcorn Time is the name of a technology with both legal +and illegal applications. Popcorn Time is a client combining +searching a Bittorrent directory available on the Internet with +downloading/distribute content via Bittorrent and playing the +downloaded content on screen. It can be used illegally if it is used +to distribute content against the will of the right holder, but it can +also be used legally to play a lot of content, for example the +millions of movies +<a href="https://archive.org/details/movies">available from the +Internet Archive</a> or the collection +<a href="http://vodo.net/films/">available from Vodo</a>. We created +<a href="magnet:?xt=urn:btih:86c1802af5a667ca56d3918aecb7d3c0f7173084&dn=PresentasjonFolloTingrett.mov&tr=udp%3A%2F%2Fpublic.popcorn-tracker.org%3A6969%2Fannounce">a +video demonstrating legally use of Popcorn Time</a> and played it in +Court. It can of course be downloaded using Bittorrent.</p> + +<p>I did not quite know what to expect from a day in court. The +government held on to their version of the story and we held on to +ours, and I hope the judge is able to make sense of it all. +Unfortunately I do not have high hopes, as the Government have the +upper hand here with more knowledge about the case, better training in +handling criminal law and in general higher standing in the courts +than fairly unknown DNS registrar and member associations. It is +expensive to be right also in Norway. So far the case have cost more +than NOK 70 000,-. To help fund the case, NUUG and EFN have asked for +donations, and managed to collect around NOK 25 000,- so far. Given +the presentation from the Government, I expect the government to +appeal if the case go our way. And if the case do not go our way, I +hope we have enough funding to appeal.</p> -<p>I did not quite know what to expect, but the government held on to -their version of the story and we held on to ours, and I hope the -judge is able to make sense of it all. Unfortunately I do not have -high hopes, as it is expensive to be right also in Norway. So far the -case have cost more than NOK 70 000,-. NUUG and EFN have asked for -donations to help fund this case, but only received around NOK 25 -000,- so far. Thus we are quite a bit short. And if we win, I expect -the government to appeal. And if the government appeal, I hope we -have enough funding to run our own appeal.</p> +<p>From the other side came two people from Økokrim. On the benches, +appearing to be part of the group from the government were two people +from the Simonsen Vogt Wiik lawyer office, and three others I am not +quite sure who was. Økokrim had proposed to present two witnesses +from The Motion Picture Association, but this was rejected because +they did not speak Norwegian and it was a bit late to bring in a +translator, but perhaps the two from MPA were present anyway. All +seven appeared to know each other. Good to see they take the case +seriously.</p> <p>If you, like me, believe the courts should be involved before a DNS -domain is hijacked by the government, or the Popcorn Time technology -have a lot of useful and legal applications, I suggest you -<a href="http://www.nuug.no/dns-beslag-donasjon.shtml">donate to the -NUUG defence fund</a>. Both Bitcoin and bank transfer are -available. If NUUG get more than we need for the legal action, the -rest will be spend promoting free software, open standards and -unix-like operating systems in Norway.</p> +domain is hijacked by the government, or you believe the Popcorn Time +technology have a lot of useful and legal applications, I suggest you +too <a href="http://www.nuug.no/dns-beslag-donasjon.shtml">donate to +the NUUG defense fund</a>. Both Bitcoin and bank transfer are +available. If NUUG get more than we need for the legal action (very +unlikely), the rest will be spend promoting free software, open +standards and unix-like operating systems in Norway, so no matter what +happen the money will be put to good use.</p> <p>If you want to lean more about the case, I recommend you check out <a href="https://www.nuug.no/news/tags/dns-domenebeslag/">the blog -posts from NUUG covering the case</a>.</p> +posts from NUUG covering the case</a>. They cover the legal arguments +on both sides.</p>