Author Topic: Filesoup admin walk free  (Read 11438 times)

Offline olddays1

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Filesoup admin walk free
« on: February 25, 2011, 07:34:36 am »
Two administrators of FileSoup – the longest standing BitTorrent community – had their case dropped by the Crown Prosecution Service (CPS) today. The prosecution relied solely on one-sided evidence provided by the anti-piracy group FACT and was not able to build a case. Following the trial of OiNK BitTorrent tracker operator Alan Ellis, the FileSoup case marks the second where UK-based BitTorrent site operators have walked free.

Founded in 2003, UK-based FileSoup is one of the original torrent sites. It outlived many of the sites that sprung up around the time and developed a great reputation and a warm community in the years that followed.

After years of operating the site without any noticeable trouble, in the summer of 2009 police and the Hollywood-backed Federation Against Copyright Theft (FACT) conducted a raid on the home address of the site’s owner, known online as ‘TheGeeker’. Another raid was carried out around the same time on the property of fellow administrator ‘Snookered’. Both were arrested and taken in for questioning.

In the summer of 2010 the two administrators were charged with conspiracy to infringe copyright for their involvement with the site. As in previous cases in the UK, the evidence was solely gathered by the Hollywood-funded anti-piracy group FACT. No independent investigation was carried out by the police.

This critical lack of investigation on the prosecution’s part was brought to the Court’s attention by the solicitors of the two administrators. The solicitors, who successfully defended the owner of BitTorrent tracker OiNK in an earlier trial, pushed the prosecutor to formulate their charges. This turned out to be problematic.

The prosecution failed to understand some of the technical issues, did not know whether to prosecute FileSoup as a business or not, and was unsure whether the copyright holder had caused prejudice. Since there was no independent investigation into the case, all these questions remained unanswered.

Today the Crown Prosecution Service decided to drop the case entirely. It concluded that the alleged offenses are a civil rather than a criminal matter and decided not to spend any more public money on the prosecution. As a result, ‘TheGeeker’ and ‘Snookered’ are free to go.

Both men are relieved that the case has finally come to an end, and are grateful for the excellent work their solicitors carried out.

“It has been a long and stressful 18 months but I am happy to finally have the weight lifted from me,” Snookered told TorrentFreak. “During this time my solicitors, Burrows Bussin and David Cook in particular have kept me sane. Nothing was too much for them. I owe them a debt of gratitude along with my Barrister Ian Whitehurst.”

“I hope to have some more details in the next few days so I may say more then. Thank you to everyone for all the support. It was greatly appreciated,” he added.

Morgan Rose solicitors, who defended TheGeeker, are now able to add another win in a prominent BitTorrent case to their resume, which is welcomed by other UK-based operators of file-sharing sites.

“This case is not a one-off,” David Cook, Snookered’s solicitor said in a comment. “We have now seen two prosecutions for allegations such as these, both of which were fundamentally flawed. We have persistently worked in exposing the flaws in these cases, which have resulted in the absolute failure of both prosecutions.”

Today’s news is a great blow to the UK anti-piracy outfit FACT, who have spent tens of thousands of pounds on this case alone. According to the prosecution FACT’s involvement created a great inequality. The movie industry funded group has enormous financial resources while the defendants only ran a non-profit website.

Yet again the prosecution was led by FACT to believe that they were dealing with a criminal gang, a picture that didn’t hold up on closer inspection. Luckily for the UK tax payer and the FileSoup admins, the Court realized in time that justice was best served by dropping the case.

http://torrentfreak.com/court-drops-filesoup-bittorrent-case-administrators-walk-free-110224/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+Torrentfreak+%28Torrentfreak%29&utm_content=Yahoo!+Mail

Offline Synbios

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Re: Filesoup admin walk free
« Reply #1 on: February 28, 2011, 08:57:37 am »
Good to hear that their case got dropped, we're losing too many BT sites these days.

Offline olddays1

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Re: Filesoup admin walk free
« Reply #2 on: March 15, 2011, 04:34:35 am »
Last month the second case against a UK-based BitTorrent site came to an end. Two administrators of FileSoup – the longest standing BitTorrent community – had their case dropped by the authorities and were free men once again. This week, personal belongings that were seized during the house raids were released and returned, but what should have been a celebration turned out to be a great disappointment.

When FileSoup administrator Geeker had his home raided in the summer of 2009, police and the Federation Against Copyright Theft (FACT) literally trashed his place. In a previous interview Geeker vividly recalled the events.

“I got back home just before 8pm to find my belongings had been turned upside down, the dining room was a like a whirlwind had gone through..[]..they’d turfed out all the drawers of the desk, chucked back what was of no interest to them, left a pile of paperwork scattered across my desk and table with wires everywhere, talk about a nightmare!”

The police officers and ‘agents’ of the MPAA-funded FACT tagged everything with a chip in it, and bagged them as evidence. In the following weeks some items were returned, including a mobile phone, sat nav and video camera, but most of the hardware was kept under lock and key.

As Geeker and fellow FileSoup administrator Snookered were released from all charges by the Crown Prosecution Service last month, their belongings were finally returned this week. This final step in the dreadful legal proceedings should have been a day to celebrate, but the police once again trashed the party.

From the looks of it the police and FACT did not return all of the seized property, and the hardware that was given back appears to be completely trashed.

“Initially it looks like only a couple of things such as power supply units might be missing, but, as you will no doubt appreciate, there is a heck of a lot of stuff to check, it’s going to take me some time to go through it all,” Geeker explains.

“What concerns me the most about my property, is the condition it is now in… the way it was seized and bagged and how it was probably handled and transported to goodness knows where, the thought just horrifies me,” he adds.

The pictures below document the disaster.    http://torrentfreak.com/police-return-seized-hardware-to-victorious-bittorrent-admin-trashed-110313/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+Torrentfreak+%28Torrentfreak%29&utm_content=Yahoo!+Mail


To say that the evidence was not properly stored and shipped would be a huge understatement. It looks like the computers have been taken apart, dragged through the mud, with no real attempt to reassemble them or clean things up.

According to Geeker none of his systems will boot up, which may not come as a big surprise considering the photos. The big question is why?

It almost appears as if a frustrated FACT employee trashed the hardware on purpose before it was sent back. How else could it turn into such a mess, and why take the computers apart piece by piece in the first place? What were they looking for? Warez?

Geeker is clearly not happy with how his property was handled, and he encourages everyone to help him get the story out.

“Please do me a favour everyone… tell everybody you know about this, blog about it, tweet about it, facebook and myspace or wherever else you feel it might do some good, let the whole bloody world know exactly what these evil gits have done …and will probably keep on doing if something isn’t done to stop this kind of crap from happening and people and their property being treated like this!,” he said.

Geeker has contacted his lawyer to see what the best response to this mess is.

Offline olddays1

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Re: Filesoup admin walk free
« Reply #3 on: July 06, 2011, 08:22:48 am »
At the beginning of 2011 two administrators of FileSoup – the longest standing BitTorrent community – had their case dropped by the authorities and were free men once again. But that was not the end of the story for one of the admins. In his quest for justice, Steve Lanning appealed the unsatisfactory police investigation by filing more than 50 complaints, and is claiming that the police are covering up many mistakes.

More.....http://torrentfreak.com/bittorrent-admin-continues-fight-against-police-abuse-110704/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+Torrentfreak+%28Torrentfreak%29&utm_content=Yahoo!+Mail