Arrest over Depeche Mode download

Indigo · Joined: 11 May 2005 Posts: 718 Location: Germany

Today I got this mail: (This Thread is to discuss about it)

Dear Sirs

It is with both great sadness and shock that we hear about our friend being arrested in connection to the Precious' so-called "leak".
As we learned from the Police he is accused of hacking into and unauthorised downloading of QFilm's server's contents, namely the unedited "Precious" music video. The following course of actions:

1. Typing "www.qfilm.de" in internet browser's address bar,

2. Clicking "Suchen" (Search),

3. Typing in the "Depeche Mode" phrase,

4. On the "results" page - right-clicking on the "download 'Precious' music video" link and chosing the "save target as..." option

5. Enjoying the "Precious" music video which led to the download of the file, hardly constitutes "hacking and stealing". The link to the file was provided on a public page - no professional computing skills were required to traverse points 1 through 5. There was no statement on the "results" page that downloading the file is prohibited, the file was also not protected by any password or other security measure.

Taking all this into consideration, we think that it is clear that our friend is not the one to blame. It seems clear that blame should be laid on the QFilm company, which was unable to protect the file well enough, or, to be more precise, to protect the file at all, since no restrictions were in place that would forbid the downloading of this file by a random visitor.
We claim that our friend is not guilty. Downloading the file, which was available for everyone on a public page can not be referred to as "stealing" or "hacking". We all agree and understand that you must protect your intellectual property, but at this moment you are taking an action against an obviously innocent person. It seems obvious to us that QFilm is the one responsible for violation of your rights by putting no protection whatsoever on the confidential data of yours which they were entrusted. Such negligence makes QFilm's competence in regard to keeping sensitive information dubious at best.

We hope that having read all this you will reconsider your view on this matter and turn your attention to the real perpetrator instead of an innocent victim.
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Violator · Joined: 28 Jun 2005 Posts: 63

I think it's a shame for Depeche Mode.

The file was on a publich server and was not secured.

superflnaker · Joined: 24 Sep 2005 Posts: 5

I agree

Headstar99 · Joined: 12 Nov 2005 Posts: 22 Location: Cologne

Ok, right now precious is successfully released and nobody is taking care of "how the story ended" for the polish guy? Does anybody know something?

To my mind it is a pretty difficult case, because on the one hand I guess most of the "fans" did buy the cd even if they did a download before and on the other hand the song "is owned" by depeche mode and they should have the right to decide, if and when releasing it??
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bangg · Joined: 10 Dec 2005 Posts: 16 Location: Singapore

before commenting further, is this story for real?
or is it a hoax?
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Indigo · Joined: 11 May 2005 Posts: 718 Location: Germany

The story is no joke...
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All this running around, well it's getting me down,
just give me a pain that I'm used to..

Donc · Joined: 09 Dec 2005 Posts: 30 Location: Toronto

I agree. He didn't copy & distribute the file, did he?

luxius · Joined: 27 Sep 2006 Posts: 8 Location: Poland

If U don't now..
As far as I know the final of this story is:
10 month of arrest in suspend and 2600 euro fine payd (it is quite a lot of money for young man in Poland)

There was no lawsuit, defendant voluntarily surendered to punish
There was a loud discusion about that is he guilty or not, but he wanted to get a peace at last

Sad

Indigo · Joined: 11 May 2005 Posts: 718 Location: Germany

Thanks for the info.

In my opinion he wasn't guilty.
_________________
All this running around, well it's getting me down,
just give me a pain that I'm used to..

luxius · Joined: 27 Sep 2006 Posts: 8 Location: Poland

The official expertise says : he didn't brake any securities, but evet that did not help.
He only found the unsecured file at the producer's site using oridinary web browser, downloaded it , then sent to some fiends, and posted the link to the file at one of polish DM site, that was all. But sbdy needed a succes in fighiting with audio pirates. He was not that one, he was a victim.

coupletrip · Joined: 22 Nov 2005 Posts: 239 Location: North Texas

Sounds a bit too mainstream. Mad

Why didn't the band or Mute get involved?
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modetojoy · Joined: 04 Oct 2006 Posts: 64 Location: Stuttgart-Germany

In my opinion, this wasn�t the fault of the polish guy. I think there was no sign: Don�t download.

It was the fault of Q-films.
But I think it�s clear, that DM couldn�t do anything for him. Q-films had to find someone who�s guilty.

coupletrip · Joined: 22 Nov 2005 Posts: 239 Location: North Texas

Whats done is done I suppose.
dm are no strangers to being the victim themselves.

Those guys at qfilm had to pick a scape goat so thier stock wouldn't go down I guess.
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