←back to thread

655 points k-ian | 2 comments | | HN request time: 0.412s | source
Show context
diggan ◴[] No.44302108[source]
> Is this legal?

Why wouldn't it be? You're not actually hosting a tracker in this case, only looking at incoming connections. And even if you do run a tracker, hard to make the case that the tracker itself is illega. Hosting something like opentrackr is like hosting a search engine, how they respond to legal takedown requests is where the crux is at, and whatever infra sits around the tracker, so police and courts can see/assume the intent. But trackers are pretty stupid coordination server software, would be crazy if they became illegal.

replies(8): >>44302128 #>>44302134 #>>44302420 #>>44302712 #>>44303308 #>>44303436 #>>44305263 #>>44310124 #
gpm ◴[] No.44302420[source]
Because knowingly helping people commit crimes generally counts the same as committing the crime yourself. I.e. federally in the U.S. under 18 USC 2a https://www.law.cornell.edu/uscode/text/18/2 The software you're running being "simple" isn't a defence for doing illegal things with it - like aiding others commit crimes.

There are a few internet/copyright safe harbor provisions (in the US) that might maybe (probably not) make it not a crime, I don't know, I'm not a lawyer. But your general thought when you hear "helping someone else commit a crime" ought to be "that's probably a crime itself".

replies(7): >>44302635 #>>44302667 #>>44302899 #>>44302975 #>>44303193 #>>44306390 #>>44306964 #
senko ◴[] No.44302975[source]
But the OP states he was using the tracker for lawful purposes:

> So I was, uh, downloading some linux isos, like usual.

Nothing to see here, move along.

Seriously though, the OP makes the same argument and concludes that:

> I was spooked. [...] I shut down the VPS and deleted the domain quickly after confirming it works.

IANAL but this clearly shows the OP didn't intend to facilitate crime and shut it down after seeing that was what may have been happening.

replies(1): >>44303236 #
1. gpm ◴[] No.44303236[source]
I, and I think OP, were both addressing the hypothetical in which he continued to run the service, not the reality where he quickly shut it down.

> But the OP states he was using the tracker for lawful purposes:

That quote is a confession that he was committing copyright infringement. Courts and juries and not obliged to ignore the ", uh," part.

Probably (in the very unlikely event where he is charged) the best defence would be "this was a joke" not "I didn't literally confess to committing copyright infringement". Even then I'm pretty sure this quote would weigh against him substantially in just about any jury's mind.

replies(1): >>44303324 #
2. senko ◴[] No.44303324[source]
> That quote is a confession that he was committing copyright infringement.

I know, "linux ISOs" has always been a joke "rationale" :)

I do think we're in agreement.