How Boies Schiller Landed This $10.2 Billion Bitcoin Suit

A good reminder of what we (BCH) gained from the hardfork, a review of all the lies and broken promises by CSW

From Jonald Fyookball's Medium Article
https://medium.com/@jonaldfyookball/bitcoin-cash-is-finally-free-of-faketoshi-great-days-lie-ahead-bb0c833e4c5d
Some background on Craig’s claim of being Satoshi, for the uninitiated:
  1. He faked blog posts
  2. He faked PGP keys
  3. He faked contracts and emails
  4. He faked threats
  5. He faked a public key signing
  6. He has a well-documented history of fabricating things bitcoin and non-bitcoin related
  7. He faked a bitcoin trust to get free money from the Australian government but was caught and fined over a million dollars.
And specifically concerning his claim to be Satoshi:
  1. He has provided no independently verifiable evidence
  2. He is not technically competent in the subject matter
  3. His writing style is nothing like Satoshi’s
  4. He called bitcoin “Bit Coin” in 2011 when Satoshi never used a space
  5. He actively bought and traded coins from Mt. Gox in 2013 and 2014
  6. He was paid millions for ‘coming out’ as Satoshi as part of the deal to sell his patents to nTrust — for those who claim he was ‘outed’ or had no motive

Caught Red Handed Plagiarizing

No respectable academic, scientist, or professional needs to stoop so low as to steal and take credit for the work of others — least of all Satoshi. Yet, CSW has already been caught at least 3 times plagiarizing.
  1. His paper on selfish mining has full sections copied almost verbatim from a paper written by Liu & Wang.
  2. His “Beyond Godel” paper which purports to claim that Bitcoin script is turing complete, is heavily plagiarized.
  3. A paper on block propagation was blatantly and intentionally plagiarized.

Can’t Even Steal Code Correctly

CSW was also caught attempting to plagiarize a “hello world” program (the simplest of all computer programs).
He apparently does not understand base58 or how Bitcoin address checksums work (both of these are common knowledge to experienced Bitcoiners), and has made other embarrasing errors.
Broken Promises
He said he was building a mining pool to “stop SegWit”
submitted by stewbits22 to btc [link] [comments]

Bitmain is suing co-founders of Poolin for $4 million. How did Bitmain figure out the amount of compensation?

Bitmain is suing co-founders of Poolin for $4 million. How did Bitmain figure out the amount of compensation?

https://preview.redd.it/mska5896v7631.jpg?width=500&format=pjpg&auto=webp&s=83712c7b1554de460954d90179f42fbd38a2a31e
According to Coindesk, Cryptocurrency mining giant Bitmain is suing three former employees - Zhibiao Pan, Fa Zhu and Tianzhao Li- who started a rival mining pool for allegedly violating a non-compete agreement and it’s demanding $4.3 million in damages from Zhibiao Pan.
Zhibiao Pan, Fa Zhu and Tianzhao Li left Bitmain around mid-2017 and started a Poolin which so far is the fifth-largest pool (according to the most recent Bitcoin mine pool ranking) as co-founders - CEO Zhibiao Pan; COO Fa Zhu; and CTO Tianzhao Li. Currently, Bitmain is seeking $4.3 million from Zhibiao Pan but Pan believed that he was no longer bound by the non-compete, since it was Bitmain that invalidated their contracts for failing to pay compensation on time as agreed.
https://preview.redd.it/f780vdm7v7631.jpg?width=1080&format=pjpg&auto=webp&s=2047a4ec00c68dbefa7264fec71f879cc402b444
According to the latest news from AI Financial News Agency, Bitmain's already paid the non-compete compensation contractually so the arbitration commission has ordered three former employees to pay liquidated damages to the company. However, the case is currently tried by the court and will ultimately be decided by the court.
Bitmain responded:” We are not in a position to comment on the matter until the court's decision.” Fa Zhu said:” The lawsuit has been going on for a long time and it has no impact on the normal operation of the coin-printing mine.
Countercharged by Bitmain
Some background information,
According to Fa Zhu, he was still focusing on Antpool which is a Bitmain’s original mining pool. Until 2016, he started an intrapreneurship with Zhibiao Pan and created BTC.com mine pool. The three collaborators left Bitmain around mid-2017 and began to build their own mine pool. Pan, Zhu and Li launched Poolin as mining pool for multiple cryptocurrency assets in November 2017.
Why did Bitmain suddenly prosecute them after one year and a half?
According to Coindesk, it is actually the three Poolin co-founders each sued Bitmain preemptively, seeking to be released from the non-compete first.
According to the circumstances of this case, a non-competition agreement is a term that prohibits a worker from creating a business with the same business scope as the former employer for a period of time after the employee leaves the company.
However, Bitmain countercharged three former employees because according to the non-compete agreement, Bitmain will pay Zhibiao Pan $2780/month for 24 months after Pan left BTC.com mine mining pool and in return, Zhibiao Pan won’t be allowed to run any mine pool.( Fa Zhu and Tianzhao Li’s contracts are similar to this one, but the amount of compensation isn't clear)
But as we all know, Pan started Poolin within six months after he left Bitmain, but only with other currencies besides bitcoin. It wasn't until July 2018 that Poolin launched a service to bitcoin.
“They operate a mine pool in direct competition with the company after they left, causing significant losses for the company.”
The dispute has largely escaped public notice, but video footage recently became available of an April 30 hearing where the two sides made their respective cases. The video only showed discussion of the case between Pan and Bitmain.
In addition to seeking compensation, Bitmain has asked the court to order the trio to resume their non-compete agreements which means Poolin will no longer be allowed to offer service about bitcoin. Still, judging by Zhu's response, "there's no impact whatsoever on the normal operation of the coinage pool," there's little likelihood that Bitmain's appeal will be successful.
How did they figure out the amount of compensation?
According to the materials that they handed to the court, as of Feb. 14, Poolin has become the third biggest mine pool – right after BTC.com and AntPool. The total profits for Poolin would be 26,825 bitcoin times 4 percent, which was their handling fee, and times bitcoin’s price at the time, which was $3621, making total value up to $3.88 million.
Bitmain's lawyers argue that profits from the trio's breach of the agreement should be reimbursed to the company as BItmain's losses. “Based on the agreement, if it’s difficult to calculate all the direct and indirect loss [for Bitmain due to Poolin’s violation], then the loss should be calculated based on the profits made by the violating party,” one of the lawyers said.
That, added to the alleged fine and a fine of $667,000 for reneging, would amount to more than 30 million yuan, or about $4.3 million.
The former employees’ counterattack
Pan did not agree to pay the money. The lawyers representing the Poolin founders argued to the court that Pan was not obligated to honor the agreement and thus should not be ordered to pay damages.
There are three reasons:
First of all, Pan’s lawyers said in the hearing that Bitmain failed to pay Pan the agreed-upon compensation on time, citing lines from the agreement that if Party A (Bitmain) did not pay the compensation within a month since Party B (Pan)’s departure, it would mean Party A voided its obligation.
Further, Pan’s lawyers argued the transaction fee Poolin received doesn’t necessarily translate to profits of the company because until the date of the hearing, the firm had not turned a profit.
In addition, the fact that Poolin successfully mined bitcoin does not necessarily mean it would be a loss for BTC.com. The lawyer said: “There are a lot more bitcoin mining pools in this network. It’s not just Poolin vs. BTC.com. Even if Poolin didn’t operate its bitcoin mining pool, it does not necessarily mean Bitmain will be able to mine those coins.”
So far, it’s not yet clear from the public record whether the court has made a judgment or when it will. The judge asked at the end of the hearing if there was a way for the two parties to settle the case. Lawyers from Bitmain declined to discuss that at the court and suggested waiting until after the hearing adjourned.
According to the latest news from AI Financial News Agency, Bitmain's already paid the non-compete compensation contractually so the arbitration commission has ordered three former employees to pay liquidated damages to the company. However, the case is currently tried by the court and will ultimately be decided by the court.
This is not the first time Bitmain has had a legal dispute with former senior executives. In 2017, it sued Zuoxing Yang, a former Bitmain chip design director who left to launch Bitewei, a rival mining equipment manufacturer, over patent rights infringement.
Bitmain initially demanded damages of ¥26 billion/ $3.8 billion, but later reduced the claim to $380,000. In 2018, the court in Xinjiang that oversaw the case dismissed Bitmain’s complaint after Yang successfully revoked Bitmain’s patent over the technology in dispute.
submitted by infini2019 to u/infini2019 [link] [comments]

My view for the worst, better, best case scenario

Even with current straight bankruptcy (hasan) trustee can address the court based on finance analysis and cuncil for new evaluations of intangible assets(btc) due to price violity and significant asset value increase after inital btc value evaluation, what if approved, with current straight bankrupty btc+forks must be sold to pay all creditors with updated and new evaluated claims. On another hand, only if CR and plan is approved, these btc and forks can be distributed unexchanged (unliquidated) to the creditors.
All asset whatever tangible or not is liquidated only to the certain point to get liquid asset (funds) to pay all creditors. When that is done, bankruptcy is completed and court/trustee authority stops. Any remaining asset remain as asset what company can use to resume busines or whatever they choose. Ordinary, in bankruptcy liquidation, all asset in full had to be liquidated, because creditors claims are much higher then company assets worth. Its liqidated in full only if asset can't be sold partialy and there is no other assets to be liquidated. However, in MtGox bankruptcy things has changed, untangible asset are now worth much more then total of approved creditors claims and if claims stays with current evaluation, asset will be liquidated only to the funds worth what equal all total approved creditor claims, nothing more! Update: under bankruptcy (hasan) corporation has to be dissolved what after distribution of all creditors has been made and Court bankruptcy termination order , dissolution esentualy cause all remaining asset liquidation and surplus sent to the shareholders - Tibanne and then Mark Karpeles.
Worst case scenario: The Court settle all creditors claim with current evaluated btc (483$) +fiat+interst coverted and paid as JPY where only enough intangible assets (btc) are liquidated (sold) to settle all creditors (what are almost already done), what makes bunkruptcy completed and reamining 165k btc and forks remain as Mtgox intangible asset where they can do whatever they want, liquidate and pay dividends, trade with btc, invest in other projects etc (bankruptcy is over, no obligation or liabilities to MtGox creditors). (Unfortunetly, in my opinion, this will most likely be the case. Read edit at the end of the OP).
Update: under bankruptcy (hasan) corporation has to be dissolved what after distribution of all creditors has been made and Court bankruptcy termination order , dissolution esentualy cause all remaining asset liquidation and surplus sent to the shareholders - Tibanne and then Mark Karpeles.
Better scenario: If some miracle (never) happens the Court accept new btc evaluation, but then these to be paid as JPY, all (or better to say) suficient remaining btc need to be sold(liquidate) to settle new evaluated creditor claims and question is how much liquid asset (funds) creditors would receive due crushing the btc price. Eventual btc+forks surplus(°) what would be quite lower then in worst case scenario, would remain as intangible MtGox asset where corporation can do whatever they want - bankruptcy is completed. (°(eventual btc+forks surplus would depend on new btc price evaluation for creditor claims and difference in new total claimed sum vs. funds JPY what trustee get from actual btc liquidation). Update: corporate dissolution aplies here too, just much less funds to be sent to the shareholders.
Best scenario: (Low probability, read edit at end of the OP) Civil rehabilitation under supervision with approved plan where creditors can claim all remaining btc+ forks unexchanged (not liquidated) + what is already been liquidated.
In this case, if plan is approved we would get 100% our current claim. We need to divide total claimed JPY sum with 50.058JPY (btc 483$) to get how much that is as btc base and on that result add aprox 17% of btc/bcc distributed as btc/bcc. Percentage (17%) might be lower, depend on ther lawsuit and non mtgox users creditor claims. Example of the best case scenario: Current approved claim. Rates to JPY (2014) BTC= 50,058.12 JPY; US$ = 1USD=103.64 JPY Currency US$ balance = 1,200$= approved sum JPY=124,368. Bitcoin balance = 14btc = approved JPY = 700,813.68 124,368+700,813.68 =825,181.68 JPY total of approved creditor claim/ that is sum what creditor receive 100% sum (liquid funds almost available, to be distributed as JPY). 825,181.68/50,058.12=> 16.48 BTC base: 16.48x17%=> 2.80 BTC and 2.80 BCC to return as cryptocurrency. Sumarise: Creditor receive 825,181.68 JPY and 2.80 btc and 2.80 bcc. That would be max return. Same calculation is aplied if creditor had only btc balances, only any currency (fiat) or both currency(fiat) and btc. Both fiat or currency mean: USD, EUR, GBP, JPY etc.
Iam not sure what that actual CR and plan are in the "best case scenario" as I have no details. We actually need sort of "better case scenario" just without required to liquidate remaining btc+forks and to be distributed as intangible asset (btc+forks). Beside, its Trustee duty to look best interest of all creditors, but for bankrupt company as well, what might cause conflict. Its defenetelly hard and complex situation, for all parties.
Questionable is whatever liquidated intangible asset (btc) under bankruptcy (straight or CR) are subjected to the capital gain (not dividend) and approprate income tax what would cause lower(dilution) funds distribution. However, in that case question is how would be regarded our creditor claims i.e. deductable as intangible asset value entry? Capital gain/profit- loss - deductable - expense=> corporate gross income - tax=> net income. So actually, from what I know from accounting practise, paid funds for evaluated claims would be asset (btc) "in value" while liquidated asset "out value" so actual capital gain net from btc are: difference in paid claims minus actal liquidation value! Beside, that "net capital gain" are not actually "net gain" as there are minus from other deductable sums and only when they are substracted make net income before corporate income tax! It maight be discharged, but I doubt it. Only liquidated untangible asset (btc) are regarded as corporation capital gain/profit, its not corporation dividends. Its conflicted situation because MtGox did not bought these btc, nor mined them, nor gifted, nor received as Mtgox investment and they were never corporation assets. Control of btc as intangible assets does not always equal propietorship (if there are contract or mutual agreement), but it will be (are) if not chalanged and Iam not sure on what grounds are we creditors then (unless corporation addmited debt/liability, but then again on what terms and conditions or user agreement these btc have been received?). Regardless, Trustee must have profesional finance advisoaccountant.
Some examples of intangible assets: patents, trademarks, franchises, goodwill, copyrights, Internet domain names, performance events, licensing agreements, service contracts, computer software, blueprints, manuscripts, joint ventures, medical records, permits, and trade secrets and many more. When MtGox were alive, such intangible asset doesn't enter finance balance sheet neither as asset value or liability value. It would if MtGox exchanged them (trade) for his account with buy/sell price. MtGox when alive these btc just had to record in secundary books as btc +/- held analiticaly for each user. Under bankruptcy proceedings, such a intangible assets as bitcoin is very hard to assest (evaluate), usualy trustee waits until last minute bankrupt company to liquidate them or best bid (°) and to update btc evaluation value what prior were blank, in order creditors get as much as possible. In our case, trustee did not do that and I have not found anything what would make him to evaluate at start of the filling the claims. (°)Actually I think, in case of public auction certain restriction might apply, certain party can't bid (I might be wrong).
However, not all asset are in the same category. In my country, bitcoin is regarded as financial asset, it does not matter is it tangible or not. If I as a person or the company make money from trading internet domains, it would be regarded as income subject to the tax. But if I as a person (not company) make money from exchanging certain personal financial assets, btc, any currency, diamonds, gemstone, gold and earn (dividends and interest excluded) from the positive rate difference, it would not be income subjected to income tax. But in same situation, company would be subjected to the taxes. Capital gain has two separate catogory, dividends what is profit on top of asset (asset reamin) and capital gain from the trade of asset, where one asset is exchanged to another asset and profit is from the rate difference, which can be either positive either negative.
There was a lawsuit against bankrupt Mtgox where user requested full btc refund what were denied with this explanation:
Presiding Judge Masumi Kurachi said the Civil Code envisages proprietorship for tangible entities that occupy space and allow for exclusive control over them. The judge said it is evident bitcoins do not possess the properties of tangible entities...
Basicly that mean, bitcoin is intangible where envisaged proprietorship can't be claimed as they are not phisical in nature and because Mtgox had exclusive control!(based on Japan civil code btw what is 120 years old (°), but what about corrporation/commerce law?) Beside, whatever is exclusive control of said bitcoin (intangible asset) depend on mutual contract, user agreement, term and conditions. Regardless, it was right Court call in this case, they just couldn't return full btc holdings, no chance whasoever, it would be a nightmire for the rest of users who doesn't follow his step, but if he accepted loss of aprox 3/4 btc and wanted only remaining 1/4 rulling might be different.
(°) The National Diet approved significant amendment to the Civil Code in May 2017 to update the Civil Code which is approximately 120 years old. Some general rules and many provisions regarding contracts were amended. The amended Civil Code will be enacted sometime before June 2020.
Edit: Our btc and any other currency balances held at MtGox with 2014 market value is our claim against mtgox all assets. BTC belong to the Mtgox -we creditors only claim that debt. Even these BTC are sold at higher rate then 2014. this just make raise in value of the mtgox liquid financial asset (while intangible asset btc exit books), but doesn't automaticly raise mtgox debts to us! Debt stays as is. According to the mtgoxlegal lawyer, new claim evaluation is not possible and I agree. Then how we the creditors, even in CR will be able to claim the btc as they dont belong to us as btc, but only current debt? Its like we sold our btc at 2014. at 483$ to the Mtgox who never paid us and that value we claim now within our claims. Try to imagine how btc dont exist or it exist but with same rate in 2018 as in 2014. We would be in the same situation if JPY rate against all other currency went to the roof, but btc are still at around 500$. Like its not in 2014, 1usd=103 JPY, but let say in 2018, 1usd=100,000 JPY, our claims would still reflect 2014 rates (even in CR) btc are not different. Even if CR reopen the window for filling claims and evaluation of the ALL claims, it would be at 2014. market rates!
I have a idea where we could get something over our current claims, but still brainstorming and many users won't like it as that is not what they expect to get. I think we are fucked - worst case scenario. Even if someone try to sue based on btc balances once held at Mtgox, it would fail. It might be different case, if Mark(•) said before bankruptcy, hey, these btc never belonged to the Mtgox, return what is left after audit to the mtgox users and then start bankruptcy to try get what went missing from real owned mtgox asset, what is not much and beside, I think bankruptcy would be terminated on grounds how mtgox asset can't even cover administrative creditors who have priority, let alone other creditors. (•) (All three insolvency proceedings can be filed either voluntarily or involuntarily. Generally, no one, including a debtor or any of its creditors, is obligated to file a petition to commence insolvency proceedings under Japanese law.).
50k JPY per bitcoin from creditors approved claim from 2014. is not binding because of Mtgox online claim system state it (or offline claim signiture), but its final and binding based on the Japan Bankruptcy Act court rulling and applicible as binding contractual Agreement in any other Japan proceeding, or eglible laws, Civil Rehabilitation included. Beside, that is only one reason, other reason is how Mtgox is in the bankruptcy proceeding since 2014. its never completed, eventual civil rehabilitation is only transition and if it ever commence, Mtgox is still under rehabilitation Act where for creditors claim total on 2014 rates total nothing change, but can increase distribution from the debtor profits max 100% claim total value (Mtgox has already enough funds or asset to sell to cover 100% payout). Third reason is how Mtgox users are regarded as last class unprotected non-priority creditors. And more reasons, but you get the picture! There is not much difference for the last class of creditors (Mtgox users) between liquidation or civil rehabilitation.
Due to Mtgox terms of use and accounting, Mtgox users are something as unsecured none-priority trade creditors without right to retain proprietorship of sold/bought, but unpaid btc (goods) until actual user withdraw. Real IN and OUT for both fiat and bitcoin with Mtgox are deposits and withdraw, trading are all just virtual balancing and Mtgox is in bankruptcy since 2014. without activity for creditors in regard on this IN and OUT (or trade). Otherwise, if we had legal grounds to get Mtgox btc asset surplus, we would get portion of non-stolen bitcoin back long time ago either outside of bankruptcy or within as separate satisfaction and with that portion btc back, would be able to claim damages for the missing bitcoins.
Anybody can (sponsor) buy MtGox capital (surplus included) and negotiate ~2000-3000$ per bitcoin where sponsor would need ~400-500M$ fresh capital (to take surplus and liabilities) and for that need civil rehabilitation, but nothing change for the creditor claims value (50k JPY/BTC), sponsor is still obligated only creditors claim total value and when settled, sponsor can use surplus free, fresh as their choice. If sponsor is a (group) of creditors, from that ~400-500M$ their claim total on 2014 rates is deducted. Bitcoins balances can't be segretated, otherwise creditors would have it long time ago.
Be careful who use you (creditor) to send umbiguous letters to their lawyers, surveys, without really knowing concrete and detailed plan and what is creditor benefit and how and on what legal grounds they plan to achive it, don't accept diplomatic responses! If somebody want to be a sponsor, I accept it, its a busines, but if nothing change to my creditor claim value with concrete plan how to achive it, it would just further delay distribution! Then its sponsor benefit, not ALL creditors benefit, even though might look like it! Read Bankruptcy and Rehabitilation Acts to learn about trustee duties and responsibilities and how Mtgox trustee have no say in this, trustee only follow court issued order.
Its not only this binding claim value a problem! If we had legal grounds on surplus btc assets, we would be secured creditors and would get portion of non-stolen bitcoin back long time ago either outside of bankruptcy or within, as separate satisfaction and with that portion btc back, would be able to claim damages for the missing bitcoins. I just don't understand people who spent $100k-200k for lawyers blind trust where lawyers just ensure them to think how CR somehow make Mtgox users what are last unsecured non-prority class of creditors into secured creditors with preserved propetorship of Mtgox bitcoin balances, who can claim bitcoin seperatelly either as btc or liquidated value and who could not claim that in the bankruptcy liquidation, but somehow magically in Civil Rehabilitation they can! Based on what legal grounds? Group lawyer told them how would need an court precedent in order creditors get above of 2014 rates claim value!? Precedent? If Mtgox users had agreemant what state how all balances (btc and fiat) are preserved propietorship until user withdraw, we would have aprox 1/4 btc long time ago and no precedent is required for that, (I could tell them this for free).
MtGox case were true Caveat Emptor. Finally, we all bought and sold bitcoin what was not actually fully unspent at Mtgox bitcoin wallets and users monetary balances did not reflect fully MtGox bank account balances.
04/22. I tried to discuss at mtgoxlegal group about counter-arguments what would overturn this major problems in order to help group lawyers, even we end up with nothing, but many misunderstund and bombarded me with questions to defend this and insulted me personaly, because some are ignorant, arrogant, rude, on ego trip and missed the the point how I must post problems first in order to discuss about valid arguments to overturn it, otherwise they would not understand what I talk about. They asked me even to prove it??? Imagine ignorance! Creditor situation is already funded within Japan bankruptcy and Rehabilitation Acts, Civil and Corporate Code, but I have to prove it to them! OMG, that all I can say on that. Wrong group to discuss obviously!
Even by some magic CR commence (if Tibanne appeal fail), it does not mean creditors get anything above of already approved claim total based on 2014 rates, unless Mtgox trustee state it so and rehabitilation plan is confirmed within 5 months after commencement.
submitted by alfabi to mtgoxinsolvency [link] [comments]

[Table] IAmA: I am Gary Fung/IH, founder programmer of isoHunt.com, legal target practice of Hollywood and the Canadian recording industry - AMAA

Verified? (This bot cannot verify AMAs just yet)
Date: 2012-05-06
Link to submission (Has self-text)
Link to my post
Questions Answers
How do you see isohunt.com compared thepiratebay.se? Rivals? Partners? Both. I'm not for their antics for utter disregard of copyright (Link to static.thepiratebay.se) we follow the DMCA. But I respect much of the policies of the Pirate Parties, and their recent book advocating shortening of copyright terms and sane copyright law reform, but not abolishment.
If you could update, revamp, or otherwise change the torrent protocol what would you like to see? P2P streaming ability. BitTorrent Inc. is working on that.
Is torrenting the final step in peer to peer file sharing? It's final in its openness. It's an open protocol, just like the WWW and history shows open protocols tend to stick around. It can evolve, new clients can implement new ideas, and that's what an open protocol allows. No prior P2P network since Napster is like it in its openness and that is what lasts beyond technical implementations.
Do you think it is possible or worthwhile to change the denotation of torrenting with piracy? Possible yes, easy no. I believe its "stigma" would change when more creators find new ways to take advantage of media sharing on the Internet, and new ways to monetize, directly or not. I'm always considering new possibilities.
How detailed are your logs and how do you curate and or control the torrents listed? We keep logs only for detecting suspicious network activity and bad bots, in aggregate. We don't curate or moderate any torrent, I don't believe that's the job of any search engine. Algorithmic ranking of search results yes but not curation, at least not by us. We have user votes on torrents similar to reddit and that factors into our ranking so you can call it communal curation.
Do you see yourself as a likeable outlaw evading an evil empire, or more of a morally ambiguous dark shadow gangster type...with a heart of gold? Aren't they the same thing? How about a reluctant revolutionary trying to tell the amoral empire to wake up.
Do you think that the future is bright for file sharing? Or in other words, how long do you think the crusade against file sharing will last for? Edit: I accidentally an extra word. As long as the uncensored and unrestricted Internet exists.
How do you stay afloat despite the legal threats? Do you have a large legal staff? We have lawyers in both Canada and the US genuinely excited about what our 2 cases mean, as our case is complicated but precedent setting. Having big cases is somewhat a good thing it turns out. We also have some academic support, and will especially need more with our Canadian case arguing the constitutional issues.
Hey Gary. I interviewed you a few years ago for an academic thesis about copyright and culture. I don't know if its of any interest to you, but its here now. Cheers man, and good luck. Cool!
An excited lawyer? Sounds expensive... Also are you hiring. Substitute excited for intellectually stimulated.
Where do you see the copyright industry going if your suit is successful? Work with us. If you can't fight them, join them. Monetize sharing activity already there. At least that's what I want to see. It worked for the VCR.
What do you think about software patents? Software patents are 99% frivolous and does more harm than good. They should die.
Why did you found isoHunt? Programming hobby when I was in university.
How do you foresee isoHunt evolving to the response and consequences of the case? Other than more court ordered censorship, I don't know.
How big is the team you work with? Is there a physical office? 5 of us and no office, we aren't all in the same city/country.
What is your general legal argument in the cases? What do you think are the important legal similarities/differences to cases like Napster and Megavideo? What precedents are you using to support your case? Link to www.scribd.com is already a good summary of arguments we've made previously in our US case.
Napster and Megavideo are networks into themselves, and/or host actual copyrighted content. isoHunt is a search engine of links on a pre-existing network (WWW).
Sony Betamax is a good precedent that copyright should not trump technological progress. For copyright, search engines and freedom of expression/constitutional issues specifically, there is no precedent we know of.
What is the worst threat you have received? Notice to take down some torrents from MS, just because they were the first (in 2004 I believe). We get all sorts of requests since then and one isn't really worse than another until Hollywood actually sued.
5 Favourite albums and movies? Laputa soundtrack (all the ones by Jo Hisaishi really), Mirrorball (Mclachlan), Shawshank redemption, Matrix, Contact.
Do you watch Community? No.
Is there anyway you can fix it so when I click to open a torrent in a new tab, the original tab doesnt go directly to the same torrent? Also thank you for being awesome Will see about that. Seems to be Chrome specific bug.
Would you ever steal a car, handbag, television or movie? No (I wouldn't), no, (I wouldn't), no (no one can), no (no one can)
Quantcast says your site gets about 23.6 million unique visitors per month. According to your analytics, is that even close? More. Quantcast is conservative.
How many web and DB servers do you use? Is this running on a LAMP stack or something else entirely? What kind of caching technologies do you implement? 9 web servers (Lighttpd and PHP), 5 databases (Mysql), 5 fulltext searchers (Lucene), Memcached for caching on each web server. All spread between 2 colos, in Canada and Sweden. All run Linux of course (Gentoo)
What kind of technical challenges have you encountered scaling up? Mysql. It's a PITA. Everything else is relatively easy to scale horizontally.
What do you think of Kim Dotcom? Interesting showman. I want to see what actual evidence they have if any, on charging him with racketeering and money laundering. Those are what makes a big criminal case, not mere copyright.
What do you think was his biggest mistake and what do you plan to do to avoid those mistakes? Paying uploaders.
Do you think a actual profitable business model could ever arise from torrents and P2P? If so, are you working on it? I'm still looking for it. The Internet and law is evolving, so what wasn't possible before maybe possible later.
Also, the more Tv shows, movies, Games are pirated the less the profit the companies that produced them make and the lower the quality of the next product or even the failure and closure of said company. what do you think of that concept ? do you think your participating in the decline of the general quality of the entertainment materials? Your premise is flawed. Digital sharing is not a zero-sum game. The creative industries are thriving, not despite of file sharing but I argue, because of it.
What type of resources do you have at your disposal to oppose issues such as ACTA/CISPA, etc? You. We are legion. (not that I'm endorsing a certain hacker collective)
What do you see in the future of the internet? What will be the next big thing? Will websites like yours ever die? Also, can you explain how your website affects the movie, music, and software business in a positive way? The internet is fundamentally made for sharing. Facebook is the darling of the Net right now and that's all about sharing. Anything new I can dream of would be about connecting people with information. For isoHunt, who knows. But it's over 9 years old and I certainly like it to stick around.
Are you receiving any notable help from outside parties in your lawsuits? IE; people hoping for favorable precedent? Google came and backstabbed us (mostly). We certainly welcome better interveners/amicus.
Link to torrentfreak.com. No, they filed an amicus in our case, pretending they are helping us before filing it. They basically said we shouldn't qualify for the DMCA safe harbor because we are a "pirate site". Perhaps they got annoyed by our comparison with Google and statistical analysis showing over 95% overlap that all torrents searchable on isohunt (based on info_hashes) are also searchable on Google (and Yahoo). I don't have their amicus on hand, it is on public dockets in the online database of the Ninth Circuit court of Appeals (US).
Google is the new MS. They should get some antitrust probes up their behind.
Sorry a bit late but I think this will explain Link to torrentfreak.com Yup, that.
Have you met the people who run piratebay? Who are the ninjas that run tpb? =b.
What changes would you like to see(to all industries that pirating affects), realistically, that would make a website like isohunt no longer controversial or needed? Worldwide simultaneous release, buying and streaming/downloading at a better than physical retail price, and no DRM.
Use isoHunt and other sharing sites as promotional networks.
Profit!
Do you think you will win your current legal case? We are certainly trying.
Don't despair, I successfully sued the Canadian Government on the grounds of slavery. Keep in touch with the players in legal academia and you'll be fine. You may even score some legal-groupie pussy (yes, it's a thing). I haven't sued the government yet, just inviting them to the party for now.
Define "legal-groupie pussy"?
Did you ever think your site would blow up the way it has? are you rich? what kinds of stuff CANT you talk about, so we wont ask those things? Among top 200 websites on the internet, no. It got bigger than what I expect. I won't talk numbers on our finances, I've updated in my OP ;)
Are you technical or business person? if technical how much do you contribute in actually production code? and if business what are your qualifications/previous experience in management?? I know this sounds like an interview but really, i am interested to know if you don't mind :) I've been working on it by myself as a hobby for a while since 2003. About 80% of isoHunt's code is still by me currently and I maintain my own soup. I am a business person in terms of finances, talking to lawyers, biz dev, etc. I wear many hats.
Qualifications? I was studying Engineering Physics. isoHunt is my qualification when it comes to business or tech.
You are unfortunately not standing on the shoulders of giants (rather the giants are trying to stand on you), and I commend you for how well you've done so far. Is there any way to donate for your legal battle? Thanks, but we aren't really collecting donations right now. That may change as our case requires.
What can we do to support a free internet in your opinion? Besides donating money to you and your legal battles or voicing an opinion on recent legislation (I'm in the U.S.). How do we collectivize and become a stronger community? Internet communities like reddit here is certainly great. And we've seen how people use Facebook and Twitter in revolutions. The important thing is we stay on top of new attempts at censoring the free Internet and protest against it, and not after they already become law.
Who would you say is isoHunt's target audience? And why? Every man, woman and child in the known universe.
How fast is your internet connection? Especially upload. What operating System do you use? My personal connection? 2.5 mbit upload. Mac OS X.
Would you download a car? Yes. Beam me up Scotty.
Which is better? Torrent or magnet? And why? They are the same thing technically.
Has the growing popularity of Spotify lessened music piracy? Whatchoo think about that? I don't have data for or against it.
Have you ever gotten any support from hollywood? or has any attention from them always been negative? Not from Hollywood/MPAA, which I'm not including indie film makers.
Are you scared about ending up in prison or financially ruined? Sure.
Hi Gary, I read that isoHunt was (originally?) based in Vancouver. If that's true, I just wanted to say that's awesome, and cheers from a hometown fan. :) Yes, me and business that runs isoHunt is in Vancouver. Best city in the world even if the nucks lost ;)
Since the site is Canadian, is there anything Canadians can do in particular to support your cause (politically, etc.)? Our Canadian case is still brewing. I'll update on Link to www.facebook.com and our frontpage on developments should we need your support, and thanks.
What is your take on copyright? How do you think an artist can get payed for his/het efforts? Copyright should exist, but without the crap on protecting DRM nobody wants (neither most business or consumer) and with a more sane copyright term. Copyright started out with 14 years centuries ago, that seems to be a good number instead of life + 70 years and perpetually getting extended. A copyright registration system to identify what digital content belongs to who would be useful with cases like ours. How an artist get paid? Live performance, merchandize, internet radio royalties and variants with collectives. The creative industries are already live and kicking, I don't see point of arguing how to rescue them. See Link to www.reddit.com
What maintains your motivation to continue, despite pressure from outdated distribution channels i.e movie studio's and record labels? how soon do you think these outdated channels of distribution will accept and adopt peer to peer distribution of media? I want to see it through to the end? And eventually, I hope. They had to with the VCR.
Thanks for all you have done for us all this years, and for this AMA. You already replied to all the most interesting questions, so I'm left with asking a less interesting one. Do you believe a service like this would benefit the torrenting community - either as a service allowing to bypass unacceptable business models while still compensating creators, or at least as a method to show the good will of the community? I was thinking something similar. The problem with something like this is how do you create an automated system and ensure reasonable authenticity that files/torrents A-E is copyrighted by author Z? It's a problem when you are sending money their way. But the idea is certainly been on my mind. Think a cross between Pinterest with Kickstarter, associating torrents/media with their creators and ways of promoting them, downloading media and paying them.
Yes, and they are also using it on a scale no one has EVER used before. Again, 99.9999999% of applications will NEVER run into scaling issues, especially on that magnitude. You can't possibly compare an enterprise product like Oracle, that has INSANE licensing costs to a FREE database like MySQL. Facebook wouldn't be anywhere it is today if they were paying Oracle licensing. Their pricing would have scaled them into bankruptcy. There is a reason MySQL is the most prolific db on the internet. Like you said, a billion dollar company could handle Oracles money now. But why bother? Mysql is prolific not because it's great technically, but because it's free and fast/simple in the day. Large companies like Google and Facebook uses it for legacy reasons, and they don't use it really as "SQL" so it's not really flattering. It has its uses but if I'm to do isoHunt all over again, I'd be using either Postgresql or Mongodb. (prior has same scaling problems but more consistent and less buggy, latter is a different animal)
How do you know it does not affect sales? Your comments about internet merchandising and gigging are truly ridiculous in many cases, some performers cannot do that to make money. Link to www.reddit.com
Imagine 5 years to write a masterpiece and you make a few thousand bucks cause 80-90% of the people are downloading it for free? It's a hypothetical yes but could you really and truly justify that in any way, shape or form? Obviously I'm talking about general trends and not specific cases.
What can you tell me about these busty russian brides who are waiting to meet me? You should write them some love letters and find out.
Sorry if someone asked this and I didn't see (considering there are 500+ comments). What is your favorite language for writing web applications? Do you use any frameworks? How about your DB engine? IsoHunt runs mostly on PHP, it's a simple and performant language. Ruby is elegant and we've worked with that. Currently, Node.js is the new awesome.
Do you think that people should be able to download copyrighted material? If not, what do you think would be a reasonable compromise between the copyright holders and the general public? Are videos of cute kittens copyrighted by some cat owner? Yes. Is it a problem being shared online? No.
Everything is copyrighted by someone somewhere, so it's a moot topic. Compromise lies in communication and identification of wishes of copyright holders with their associated files, with Internet intermediaries like us.
What do you think of Louis C's Live at the beacon? Do you think if Hollywood sold digital copies for cheap they would still make just as much money or more like Louis did? Why would it work for Louis and not for Hollywood? He's a comedian, not a magician.
Did you ever receive death threats or hateful letters from any political nut-cases? Hateful yes, death threats not yet.
When you were creating isoHunt.com, did you had second thoughts? If yes, what did you said to yourself in order to ignore them? Perhaps I didn't have enough second thoughts.
off, you guys are awesome... the second most awesome torrent site, in my opinion, right after the piratebay. Now, I've been a user of the piratebay, since I've discovered torrenting and I am very loyal to the site; what makes your site better? Convince me. Our search is better and bigger. We index torrents on hundreds of sites, TPB is one of them: Link to isohunt.com
If you had to recommend one torrent file for download to a complete stranger, what would it be? (Please also include a link) Link to isohunt.com
It's a great book.
Would you be interested on advising the creation of a Web 2.0 'copyleft' oriented site? It could include integration with isohunt. We welcome use of our API: Link to isohunt.com
I have something I wanted to ask you mr IsoHunt. What is your favorite kind of beer? Because if you ever stop by my hometown here in West Coast BC, I'd gladly treat you to one. Honey brown is good, or something light. I'm west coast BC too btw ;)
Have you considered taking bitcoin donations? Considered yes. But paying with it was rather convoluted?
If you win you and every person in high management should create a music album to raise money for the struggling record companies. The songs being your own covers of every single top selling track from each record company that sued you. And you should sell it for a penny. Hah, poetic justice.
by a not-so-emotional-yet-grateful woman. Group hug.
I don't know you, I don't know that I will ever know you, but on the off chance I ever meet you in person (and/or your team) i'd love to buy you a beer. Thank you. Cheers.
Trick question. AXXo who?
As someone who is trying to make it as a content producer in Hollywood, I'd just like to say THANK YOU. Obscurity is a far more dangerous fate then piracy ever will be, thank you for facilitating the spread of ideas, art, and culture. This is truly the future. We need more free thinking people like you.
Endure. Things are gonna get worst. The most dangerous person is that who has nothing to lose. That's quotable.
No this is the district court's summary judgment, prior to the 9th circuit court of appeal.
Last updated: 2012-05-10 16:55 UTC
This post was generated by a robot! Send all complaints to epsy.
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