Torrent and piracy debate rages on

RiSA Take Down Request to ISPA

name: RiSA Anti-Piracy Unit
Address: Suite 4, 150 Bram Fischer Drive, Cnr. Republic Road, Randburg, Gauteng
Telephone: 011 886 1342
email: [email protected]

Name of ISP: MTN Network Solutions Pty Ltd

Problem Activity: www.bitfarm.co.za is a locally hosted piracy-centric torrent and NZB distribution website. They're currently hosting over 2,942 torrents and 3,366 NZBs with the total traffic due to music downloads (among peers) being well over 26104.08GB.

Bitfarm's IP address (41.208.19.36) falls within the range (41.208.19.32 - 41.208.19.39) which is owned by MTN Network Solutions Pty Ltd.

Problem Description: The site contravenes Section 27 (1) (b) of the Copyright Act 98/1978 through the facilitation of piracy.

Remedial Action: www.bitfarm.co.za should be taken down with all access to the domain name blocked.

goodfaith: The above information is to my knowledge, true and correct and has been provided in good faith
 
ISPA Take Down Notice

Dear ISPA member,

ISPA recently received the attached take-down request, targeted at your organisation. Acting as your appointed agent, we have reviewed the complaint and in our opinion it is a valid complaint which meets all of the legal requirements of the Electronic Communications and Transactions (ECT) Act.

The limitations on liability of service providers for content granted by Chapter XI of the ECT Act require that you remove or disable access to the data concerned upon receipt of a take-down notification.

We therefore request that you respond expeditiously to this notice. Once you have removed the content concerned, please respond to this message indicating that you have done so.

If you wish to refuse this take-down request, please respond to this message with an indication that you do not intend to remove the content, and provide a reason for this decision. Note that failing to remove the content in question will negate the limitation on liability granted by the ECT Act and may make you liable for that content.

Should you not respond to this notice within two days, we will attempt to contact you telephonically. Should you fail to respond after four days, ISPA will view you as being in breach of point 12 of the ISPA Code of Conduct and will invite the complainant to lodge a complaint against you.

We have notified the complainant that ISPA has accepted the complaint on your behalf and that it has been forwarded on to you for your attention.

More information on the ISPA Code of Conduct is available here: http://www.ispa.org.za/code

A copy of the ECT Act is available here: http://www.internet.org.za/ect_act.html

If you have any questions regarding this process, please contact us.

regards
ISPA Secretariat
The Internet Service Providers' Association http://www.ispa.org.za | complaints at ispa.org.za
 
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Buggerups like this is to be expected from a country considered a n00b in the world of the Internet.
 
they stuffed this one up and have lost the "war" :p
 
Wow, this was a bad move from them. All these articles on MyADSL and News24 about local media content sites, and now RiSA can't do anything about them. They should have looked at international precidents first. I doubt these local "illegal" sites could buy advertising like this if they wanted to.
 
double_n said:
Wow, this was a bad move from them. All these articles on MyADSL and News24 about local media content sites, and now RiSA can't do anything about them. They should have looked at international precidents first. I doubt these local "illegal" sites could buy advertising like this if they wanted to.
Click to expand...

Very true. The torent sites are loving this one.
 
How silly of ISPA to throw away credibility so easily, it doesn't sound like they did any homework at all.
I agree, classic nOObs!
 
If torrent sites should be shut down cause they might have links to copyrighted content on them, then cars should be banned because one might use it for robbing a bank.

and scissors too - possible murder weapon.
 
SOmetimes i find it unfair that i have to buy a cd of 120 bucks from a music store arno (***ebeene)carstons for a gift to a friend.I should of just bought him a link:D.
 
Keeper said:
If torrent sites should be shut down cause they might have links to copyrighted content on them, then cars should be banned because one might use it for robbing a bank.

and scissors too - possible murder weapon.
Click to expand...

What percentage is there for legal content on a torrent site:confused:
 
ISPA should be charged with "contributory gross misunderstanding" of the ECT Act! What exactly did they do in their "review" of RiSA's complaint?

And then they also threaten MTN ISP with liability if they don't comply with this misinformed complaint?
 
RiSA jumped the gun and have opened up a can of worms from a legal standpoint. That was probably not what they were intending. They wanted to look determined and tough, now they look presumptuous and brittle.

As for the ISPA, man you guys came out looking stupid. You have no legal leg to stand on, you broke the law and you can't read. It is no wonder that bunch of clowns called Telkom ran rings around you. You now have no goodwill whatsoever, good luck, and I am seriously thinking about calling the BSA in the near future and telling them to have a look at your members. What good for the goose and whatnot.
 
Burn...

You got served ;) Nicely done by Buys... Also BF and NH for not standing down and taking them on.
 
Keeper said:
If torrent sites should be shut down cause they might have links to copyrighted content on them, then cars should be banned because one might use it for robbing a bank.

and scissors too - possible murder weapon.
Click to expand...

Landmines have been banned by many countries because they are cruel,
can explode years after the war has stopped and kill (maim) bot civilian and soldier.

However sometimes landmines act as required and protect an area from an invading marauding force. Years later they can be cleared away, before that
the area can be fenced off.

So there are good and bad uses of mines. Most uses or consequences are bad, but some are good (prevent war). Likewise torrents are mostly used for 'bad' (copyright breaches).

If we follow the landmine argument, we'd ban torrents.

(Just being the Devil's advocate here).
 
judgedredd1995dvdripxvikh7.jpg


I HAM the LHAWwwh!

*mutters*

the law....!
 
Keeper said:
If torrent sites should be shut down cause they might have links to copyrighted content on them, then cars should be banned because one might use it for robbing a bank.

and scissors too - possible murder weapon.
Click to expand...

Way back in the day the Movie industry was unable to get Video tape banned because it could be used to infringe on copy right.

"Could be" wasn't deemed good enough, as it had plenty of legitmate uses.
 
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