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Private Tracker Operators Face Court


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More than three years ago, police in two countries coordinated their efforts to shut down a private torrent service. Now two alleged operators of the tracker are going to face a criminal trial in Sweden. Although the site admins haven’t uploaded any copyrighted content themselves, they can be held responsible for the actions of their users.
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Five years ago was the time of the first trial of The Pirate Bay and the guilty verdict handed to its operators. This event made other operators of the file-sharing portals in the country reconsider their positions. At the time, the local anti-piracy agency Antipiratbyrån (now known as Rights Alliance) sent notifications to a few services asking them to end their copyright infringing activities.

Most of the file-sharing portals just ignored the requests, but some decided to shut down voluntarily. Two of the portals, SweDVDR and SoftMP3, chose the latter and went offline, releasing their source code. As a result, two new websites emerged, which eventually merged into one: eXcelleNT, or XNT.

XNT grew in size and reputation for two long years, but then Antipiratbyrån did what it promised before: the agency investigated the service and complained to the police. Then the authorities pounced, arresting two site operators in Sweden and seizing site’s server in Germany.

After more than three years, they have to appear before the local court at a criminal copyright infringement trial, accused of running the service where more than a thousand of films and TV shows were shared illegally without approval of the copyright owners.

The defendants, aged 23 and 24, stand accused of operating the private torrent tracker in a case similar to the TPB’s in 2009. However, the operators claimed they uploaded no illegal content themselves but rather just provided a sharing platform to others. Moreover, they point out that they can’t be convicted of infringement in Sweden, because the crimes were committed in Germany – this is where the server was located.

As you know, users making donations normally fund private BitTorrent trackers. XNT was no exception and has also received voluntary payments from its users in the amount of $6,500. But the prosecutor has already determined that money was not the motivation for operators.

Thanks to TorrentFreak for providing the source of the article.

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