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apl4eris
~ Abstract Brain ~
USA
4800 Posts |
 Posted - 07/31/2004 : 12:22:41
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http://www.boingboing.net/2004/07/26/stargate_fansite_ope.html
excerpt:
Monday, July 26, 2004
Stargate fan-site operator busted under anti-terrorism law
The creator of an SG-1 fansite has been charged by the FBI with criminal copyright infringment, the result of an investigation that involved a USA PATRIOT Act warrant against the site's ISP to gather intelligence. The Feebs confiscated and then destroyed his personal computers, returning their remains months later. All this comes after several of the show's cast and creators have made a special point of saying how much they liked the site. The site owner lives in Ohio, but has been charged in LA and needs money to get to the coast and defend himself; they're raising money through t-shirt sales and could use your help.
Adam was first tipped off about the investigation when the FBI raided his and his fiancee's apartment in May of 2002 and seized thousands of dollars worth of computer equipment. Adam later received a copy of the affidavit filed in support of the search warrant, and was shocked to discover that this document, prepared by the FBI, contained significant amounts of erroneous and misleading information. For example, two social security numbers were listed for Adam, one of which is not his. References were made to a cease and desist letter sent by the MPAA to an email address that did not exist. His online friendship with other Stargate fans across the globe was portrayed as an international conspiracy against the MPAA. And perhaps most disturbing of all, it was later revealed that the FBI invoked a provision of the USA Patriot Act to obtain financial records from his ISP. The FBI's abuse of its powers did not stop there.
Under the sweeping and intentionally ambiguous provisions of the Patriot Act (which of course passed way back when without even having been read), an owner of a fan website for Stargate SG1 was investigated and prosectued for possible copyright infringement. The definition of terrorism has no bounds, it appears.
Of any issues that weigh on my mind these days, it is the implications of legislation such as this that give me waking nightmares. |
Edited by - apl4eris on 08/01/2004 15:14:30 |
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4894 Posts |
Posted - 07/31/2004 : 12:27:00
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oh my god! poor guy! it's a crazy world in which we live.
Frank Black ate my Hamster
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Monsieur
* Dog in the Sand *
France
1688 Posts |
Posted - 07/31/2004 : 13:01:39
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Apple, I know this is not the topic, but I finally ordered that book about Bach etc you told us about.
50 fucking euros!!!! It better be damn good! |
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apl4eris
~ Abstract Brain ~
USA
4800 Posts |
Posted - 07/31/2004 : 13:13:54
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S'ok, Monsieur, I'm flattered you trusted my judgement....
sucker! hehehe ;)
Where the hell did you buy it though? I got it on amazon.com for about 15 dollars! (about 12.5 euro I think?). Any chance you can return it?
Here's the link: Gödel, Escher, Bach: An Eternal Golden Braid, by Douglas R. Hofstadter
I don't doubt that you'll find value in the book though. Even 50 Euros worth. (I hope!) |
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Monsieur
* Dog in the Sand *
France
1688 Posts |
Posted - 07/31/2004 : 13:19:20
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Amazon.fr
I need it in French, Apl.
My English is good enough for babbling with FB.net morons, but not for reading a philosophical book.
Just kidding, come on. |
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apl4eris
~ Abstract Brain ~
USA
4800 Posts |
Posted - 07/31/2004 : 13:26:09
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Well, paint me properly chastised! ;)
Your English is so very good. The fact that you also know German (if I'm not mistaken, that is your Mother tongue, isn't it?) will help as well. BTW, We're considering taking a short vacation to Switzerland this fall (we'd have to fly economy though, so not sure if it'll happen) so I am going to try to learn German again. I love that language.
OK, now everybody back to the discussion of life immitating the art of 1984 and Animal Farm! |
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ObfuscateByWill
* Dog in the Sand *
USA
1887 Posts |
Posted - 07/31/2004 : 16:38:01
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http://www.usdoj.gov/usao/cac/pr2004/050.html
CINCINNATI MAN CHARGED WITH STREAMING ILLEGAL COPIES OF SCIENCE FICTION TELEVISION SHOW OVER THE INTERNET
A man who operates a website based on the science fiction television series “Stargate SG-1" made his first court appearance in Los Angeles yesterday on charges of streaming pirated copies of the show over the Internet.
Adam Clark McGaughey, 35, of Cincinnati, Ohio, operated a website based on Stargate SG-1. As early as 2001, McGaughey provided visitors to his website the opportunity to download copies of Stargate SG-1 episodes. After receiving letters from the Motion Picture Association of America requesting that he stop streaming the episodes, McGaughey moved his website overseas and continued to stream episodes over the Internet until April 2003. McGaughey profited from his website through advertising and sales links on the website itself.
Stargate SG-1 is produced by MGM and airs on Showtime and UPN.
Appearing in court yesterday, McGaughey did not enter a plea to the charges of felony trafficking of counterfeit goods and misdemeanor copyright infringement. A Magistrate Judge scheduled a preliminary hearing for May 3 (which will take place unless there is an indictment before that time) and an arraignment for May 10. McGaughney was released on a $5,000 bond.
The case against McGaughey is the product of an investigation by the FBI.
*Shka-pow! You're Dead! |
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ShakeyShake
* Dog in the Sand *
United Kingdom
1058 Posts |
Posted - 07/31/2004 : 16:43:43
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Hey I've got that book,I couldn't understand half the words so I just sit and stare at the pretty drawings.
Really though,I'm not that bad,there were a few bits I got,I had to read the stories a few times to actually get them though.
Anyway,I'd like to nominate this topic for Quickest Derailement yet on FB.net.
"I joined the Cult of this guy / 'cause they took my other picture away |
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4894 Posts |
Posted - 07/31/2004 : 16:48:47
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They'll send in the feds for thread derailment next1
( )
No it shouldn't it's crazy it makes no sense whatsoever to me, they'll tell everyone what to think now, what to like, how to feel, we'll all be mini clones. 1984. *shudder*
Frank Black ate my Hamster
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4894 Posts |
Posted - 07/31/2004 : 16:50:01
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hey! Am I going mad? there was another post? Is this another crazy conspiracy?
Frank Black ate my Hamster
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apl4eris
~ Abstract Brain ~
USA
4800 Posts |
Posted - 07/31/2004 : 16:53:32
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quote:
Originally posted by ObfuscateByWill
http://www.usdoj.gov/usao/cac/pr2004/050.html
CINCINNATI MAN CHARGED WITH STREAMING ILLEGAL COPIES OF SCIENCE FICTION TELEVISION SHOW OVER THE INTERNET
Interesting. Thanks for the extra info, but what do you think/feel about it?
Does anyone think that pirating tv shows should be defined and prosecuted as a terrorist activity as it has been here? Is that what 9/11 legislation should be used for? Does this not smack of gestapo/police state to anyone else?? Goddamned scary if you ask me.quote:
Originally posted by ShakeyShake
Hey I've got that book,I couldn't understand half the words so I just sit and stare at the pretty drawings.
Really though,I'm not that bad,there were a few bits I got,I had to read the stories a few times to actually get them though.
Anyway,I'd like to nominate this topic for Quickest Derailement yet on FB.net.
Hahaha! Yeah, this is pretty much par for the course for most of my threads. I've discovered that this means that my threads are boring and suck. Anyway, about the book, I haven't gotten very far in the mathematical/programming area, but I really enjoyed the correlations between Bach and Escher, and the hilarious dialogs between Achilles and Tortoise - in a moment of extreme gullibility, I even searched for the elusive "Geometric Code" book.) quote:
Originally posted by Tre
hey! Am I going mad? there was another post? Is this another crazy conspiracy?
Oops! Sorry Tre, had to add to my post a little. |
Edited by - apl4eris on 07/31/2004 16:57:55 |
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4894 Posts |
Posted - 07/31/2004 : 16:55:14
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phew...... thought the thought police had got ya!
( )
Frank Black ate my Hamster
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ShakeyShake
* Dog in the Sand *
United Kingdom
1058 Posts |
Posted - 07/31/2004 : 17:05:42
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quote:
Originally posted by apl4eris
quote:
Originally posted by ShakeyShake
Hey I've got that book,I couldn't understand half the words so I just sit and stare at the pretty drawings.
Really though,I'm not that bad,there were a few bits I got,I had to read the stories a few times to actually get them though.
Anyway,I'd like to nominate this topic for Quickest Derailement yet on FB.net.
Hahaha! Yeah, this is pretty much par for the course for most of my threads. I've discovered that this means that my threads are boring and suck. Anyway, about the book, I haven't gotten very far in the mathematical/programming area, but I really enjoyed the correlations between Bach and Escher, and the hilarious dialogs between Achilles and Tortoise - in a moment of extreme gullibility, I even searched for the elusive "Geometric Code" book.)
Don't think I got that far,I gave up pretty quickly(spent a good couple of hours on the MU puzzle though,only to find out that it's impossible to solve)
Anyway i've dug it out from under my bed now though and I'm thinking of giving it another shot.
"I joined the Cult of this guy / 'cause they took my other picture away |
Edited by - ShakeyShake on 07/31/2004 17:06:23 |
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Monsieur
* Dog in the Sand *
France
1688 Posts |
Posted - 07/31/2004 : 19:43:48
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Got a topic derailment, better call the ranger - Dave. Btw, what is Mr Noisy doing these days?
Anyhoo (I like this word) my mothertongue is not German, I'm not very good at German, actually. I was way better but forgot everything - I haven't been there for a while. My first language (not mother tongue) was Serbo-Croatian, though I speak French much better. German is really cool, it's so nerdy...
Btw, why Switzerland? Mr 4eris told me about you coming to Europe - is this it? (I would do anything for a pun or a song reference)
I'm sorry to spoil your topic again, but if you want you can just e-mail me. It is 5 am here, I am slightly under influence of this irish beer so I think I will stop now.
I feel so guilty. OK, let's talk about this poor Stargate fan. In France we have a law called Informatique et libertés (IT and freedom) which would prevent this kind of things. And the Patriot Act is really nonsense.
Come on, think about it, a law named the "Patriot Act". It just makes no sense.
I shouldn't be criticising the USA as I am French...I feel guilty again. So guilty I think I will go to sleep. |
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Daisy Girl
~ Abstract Brain ~
Belize
5305 Posts |
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apl4eris
~ Abstract Brain ~
USA
4800 Posts |
Posted - 08/01/2004 : 10:07:30
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Well, free speech wasn't my point. I am not defending him here at all. My grave concern is that they should not have used the Patriot Act for this investigation. We already have laws which would have applied. Using terrorism legislation is abusive and is a slippery slope to a nasty police state.
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Daisy Girl
~ Abstract Brain ~
Belize
5305 Posts |
Posted - 08/01/2004 : 10:33:12
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quote:
Originally posted by apl4eris
Well, free speech wasn't my point. I am not defending him here at all. My grave concern is that they should not have used the Patriot Act for this investigation. We already have laws which would have applied. Using terrorism legislation is abusive and is a slippery slope to a nasty police state.
I agree that it would be bad if the Patriot Act were used in this instance. I think it is awesome that you are on the look out for the rights of free speech. Don't get me wrong, I am anti patriot act. (e.g. holding someone in months in jail for no reason, checking libary records, ect.) As a former reporer, I love free speech.
I agree that the Government would have used laws other than the Patriot act... But I really think the reporters of the article were mistaken. There was a clear slant to this article, they didn't present the fraud or copywright infringement issues found on the other links in the main body of the article, so I am not trusting the source of this information.
My opinion is that if the DOJ were to have charged this guy with the Patriot act, they would have stated it in the press realease. (All the chages are typically listed in the press release) I have worked with these types of press releases in the past, and it isn't stated. He wasn't cited for any thing realted to the First Amendment...or free speech on his website, so I seriously doubt this is a factor.
I also pulled up a copy of the Patriot Act... none would have applied to this guy. I think this guy is just a scam artist and is spinning it this way so he can get people to feel sorry for him and buy him t shirts to support his cause.
If they did use the patriot act, it was to pull this guy's financial records for the comapny(ies) he was running. It does not seem to be realated to the free speech of his website... this guy seems really shady and not too inteligent for listening to the warnings he recieved. His case should only alarm fan sites that are committing fraud...luckily FBF doesn't fall into that category. |
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SpudBoy
= Cult of Ray =
Equatorial Guinea
649 Posts |
Posted - 08/01/2004 : 11:20:28
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That is precisely what they used the Act for. They pulled his financial records. He is not, however, a terrorist. This is very very very scary. It also has squat to do with free speech. That was never mentioned.
Using anti-terror legislation to dissect someone who is violating civil copyright statutes is a hair's breadth from looking YOU up "just to make sure". Your rights (not only free speech, but privacy, pursuit of hapiness, liberty, etc) are vaporizing in the US. Know your local, state, and national candidates and their position on these things this November. Vote as you see fit.
*festoon* |
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apl4eris
~ Abstract Brain ~
USA
4800 Posts |
Posted - 08/01/2004 : 11:40:08
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I'm confused, I never said anything about free speech. Weird.
I'm not feeling very successful at making my points lately (maybe it's lack of sleep), but a slashdotter said it fairly well, responding to the quote from another slashdotter in italics below:
'"The patriot act was a collection of general powers, not a collection of only-in-terrorism-cases powers."
And there in you see the problem. The entire point of everyone bitching about the patriot act was because they didn't think the gov't should have these powers for use in every day investigations. But the gov't just said hey don't worry, well [sic] never use this against normal criminals, we just need this for terrorists. Low [sic] and behold.... they lied.'
http://yro.slashdot.org/yro/04/07/27/129219.shtml?tid=153&tid=214&tid=129
Daisy, as you have said you used to research items like this as a reporter, it would be interesting to see (if you wanted to look into it further, of course) if, through your knowledge of the terrain, you are able to dig up anything on ALL of the actual charges were filed against this guy. Do you happen to know where a searchable version of the Act and its accompanying legslation exists? I have a printout that I managed to thumb through and get frustrated with a long time ago. So many damn references outside of itself.
The concern around this has nothing to do with whether or not he is doing something wrong (which he allegedly was), and everything to do with dangerous misuse and abuse of anti-terrorism laws.
I believe I read that the government does not have to reveal or make public its use of the Patriot Act, due to an addendum to the Patriot Act, which passed through Congress under an inconspicuous name (as a rider on an important Iraq War Appropriations Bill, if memory serves me). |
Edited by - apl4eris on 08/01/2004 11:44:38 |
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Daisy Girl
~ Abstract Brain ~
Belize
5305 Posts |
Posted - 08/01/2004 : 14:51:37
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Apl,
I think we agree more than we disagree. I detest the Patriot Act... it is Unconstitutional regardless if you are a regular joe, criminal, or terrorist suspect. But I am just a little sceptical that the govt. has used the patriot act in this case. The most recent link you provided provides more evidence that the Patriot Act was used, but I am not fully confinced it was used in this person's case.
The reason why I assumed you were concened about Free Speech is the tread title Fan sites = Terrorism?!?. The logic was that fan sites are forums of free speech and since I knew the Patriot Act limits Free Speech among other rights I thought this was an important aspect of the concerns. I made an incorrect assumption... I am sorry if this offended you or any other members of the forum.
As far as a searchable version of the Act, I couldn't find one... but here is the online version Ilookhttp://www.epic.org/privacy/terrorism/hr3162.htmled at.
This is an intersteting and important topic... I wish more people were as vigilant of our Civil Libertites. If there were more people like us... the Patriot Act never would have passed in the first place. (Hope your cut finger is feeling better too.) |
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apl4eris
~ Abstract Brain ~
USA
4800 Posts |
Posted - 08/01/2004 : 15:11:50
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I wasn't offended at all, just confused, and I agree my thread title was a tad misleading, so I'm going to edit it.
I would really like to find out what provisions were used. Why would the claim be made in every article relating to this case ("Criminal Copyright Infringement and Trafficking in Counterfeit Services")? Curiouser and curiouser... According to the Act though (as far as I know), you may not be able to find out if the Act was used. Fun!
Oh, I think you meant Tre about the finger cut...or do you know something I don't?  |
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Daisy Girl
~ Abstract Brain ~
Belize
5305 Posts |
Posted - 08/01/2004 : 15:20:49
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Man... I am loosing it 
I am not an attorney and this is not to be taken as legal advise... but I guess it could apply to Title II sec. 202 or Title III Subtitile A. Off the top of my head this dealt with financial records...
Hope this helps. |
Edited by - Daisy Girl on 08/01/2004 15:22:14 |
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VoVat
>> Denizen of the Citizens Band <<
USA
9168 Posts |
Posted - 08/01/2004 : 21:53:51
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quote:
According to the Act though (as far as I know), you may not be able to find out if the Act was used.
Shades of Catch-22 there.
If anti-terrorism legislation really WAS used against this guy, that's scary. I certainly wouldn't put it past the government. I guess we still don't know for sure, though.
Cattle in Korea / They can really moo. |
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Patriot Act Used to Enforce Copyright Law?
