Visions of a Freeman - Thursday, December 12 of 2013
Legal extortion to protect an illegal industry in Germany.
The BBC shows a grim picture of the German Judicial System and Laws.

Take a look at the news:
http://www.bbc.co.uk/news/business-25347913
12 December 2013 Last updated at 18:36 GMT

Porn users targeted by German law firm over copyright

Thousands of Germans are reported to have been sent letters asking them to pay a fee for porn they are alleged to have streamed illegally online.

Law firm Urmann (U+C) is acting on behalf of Swiss copyright protection firm the Archive, and is asking for one-off payments of 250 euros (£210).

It confirmed to the BBC that the letters have been sent but would not say how many.

A growing number of affected people are claiming to be wrongly accused.

According to a German news site, more than 10,000 people are affected.

The German case is one of the first to target people accused of streaming rather than downloading pornography.

In this case U+C is targeting users who, they claim, have viewed content from porn-streaming site Redtube.

The law firm was unwilling to speak about its work to the BBC. Neither was the Archive available for comment.

In a twist, its campaign appears to have been taken up by cybercriminals who are sending out fake emails purporting to come from U+C but containing malicious software.

It led the law firm to issue a warning on its website urging people not to open the emails.

"Fake warnings on behalf of U+C have been sent by email. This email does not come from the law firm. Warnings on behalf of our clients are shipped exclusively by mail," it said.

Real evidence

The practice of law firms pursuing alleged copyright infringers has become a growing concern in recent years.

"In previous cases like this, we've seen some people pushed into paying up when they may have done nothing wrong," said Peter Bradwell of the Open Rights Group.

"It can seem more expensive or embarrassing to challenge the accusation.

"If a company wants to write to people it claims have infringed their copyright, a court needs to at least make sure the evidence they have is of a high standard and that letters being sent are fair and easy to understand."

RedTube is a Porn web site that offers free Porn. I have not used it but it is part of the "Tube" network of porn sites that are hard to avoid for any frequent curious user of the internet due to their very extensive publicity on Google, where they have a powerful presence.

I typed RedTube on Google and I got 40,200,000 results.

That is, I repeat: FORTY MILLION TWO HUNDRED THOUSAND publicities to RedTube on Google.

Then there is the Tube web sites themselves.

If the user illegally connects using IP jumps called Proxies to download the material (like it happens in China a few times) then the person is guilty because it took extraordinary measures to obtain illegal material.

But if the person saw publicity in a public web site such as Google and proceeded to visit the pornographic site that is openly available to the general public including children... Then guilty is the state, which is the same to say: The country, in this case Germany.

In Venezuela the provider is the responsible, to such an extent that the Internet Provider is also responsible. Looks like in Germany it's the poor user the responsible for using services that are openly marketed over the internet with governmental approval. In other words the state is deliberately setting a trap to it's own citizens and extorting them.

Of course, I do not know if that is the complete story about it since as you saw the BBC News did not even get permission from the parts involved to even publish that... Something that is typical of the very bad news rape journalism culture of the BBC. So it is possible that the whole story is a fake and that the German Government does not deliberately booby trap it's own citizens to later punish them and extort money out of them.

If publicity for Red Tube is wide out in the open and it is very legal then the users of that thing that is very legally marketed cannot be sued by the same justice system that granted legality to the publicity of the illegal site... That would be like if the German Justice System allows to put publicity all over the streets that say: Buy cocaine at Weed House at Center Mall... All over the freaking streets and then wants to take legal actions against everyone that bought cocaine as they leave the store WITHOUT closing the store... That is simply spectacularly WRONG and unjust.

So what happens if a child is told in school about this PORN WEB SITE EASY FOR KIDS... And the child creeps at night without the parent knowing and looks at the web site? Or lets make it even worse, what happens if the kid unplugs the internet from the computer with an adult content blocked connection from the firewall at the building and plugs in a Wifi connection to watch porn with his neighbor's connection? So who is found guilty, the neighbor?

Cellular phones do not have adult content locks... The kid could have asked his mother for the cellular phone to make a call before she went to sleep or taken it from the table and visited the porn web site... Going to blame the parents for having a cellular phone and a naughty kid?

A country cannot allow crimes to be committed openly in order to catch criminals, if the web site is illegal you can't take legal actions against the final user and allow all the publicity and the web site itself to be openly legal and available even to small children to then extort and take money from the unsuspecting victim that has no idea and was never informed that the legalized publicity by the German Legal System led to an illegal site with the avail and approval of the same German Justice System only to punish everyone that uses it to make millions of dollars by NOT DOING IT'S JOB and punishing the people, not the Pornographic Industry.

I really hope that is not the case... I hope the BBC is lying, again, as it has happened before.

Anyway I want to make something clear, that is not the case of anything that is viewed in Venezuela, if a user sees RedTube content in Venezuela under the sovereignty of Venezuela and the laws of Venezuela he cannot be processed in Germany because in Venezuela the responsible is the Internet Provider and the Web Site, not the person and it clearly says so in the Constitution.

Observe:
   
Constitution of the Bolivarian Republic of Venezuela
(in English translation from the original legal text)

Article 57: Everyone has the right to express freely his or her thoughts, ideas or opinions orally, in writing or by any other form of expression, and to use for such purpose any means of communication and diffusion, and no censorship shall be established. Anyone making use of this right assumes full responsibility for everything expressed. Anonymity, war propaganda, discriminatory messages or those promoting religious intolerance are not permitted. Censorship restricting the ability of public officials to report on matters for which they are responsible is prohibited.

That means that in Venezuela Google and RedTube assume all the responsibility of the content that they showed, as well as Cantv or any other Internet Content Provider.

That means that in Venezuela before any person is taken to justice for using a public web site the content provider is held accountable. That means RedTube is hold accountable and takes full responsibility of every porn video and that is clearly NOT what the BBC is saying that the German Legal System does. According to the BBC (and I hope It is wrong) in Germany RedTube or the intense and immense marketing of RedTube or the Internet Providers are not help accountable, being it the exact opposite of how the legal system works in Venezuela where it is the provider that is responsible, as you just saw.

Besides blaming the little user and leaving the massive Porn Industry alone is simply against the very nature of the Venezuelan Constitution that is made to protect the weak against the abuses of the strong... Not protect the strong and punish only the weak that use their services publicly marketed in the public space with the approval of the legal system...

I do not understand that: "Hit the little guy and let the big criminals loose" way of thinking and it is certainly not the way expressed in the Venezuelan Constitution.

I hope the BBC is lying or just abusing the German people without their permission.

Anyway I can view RedTube videos right now in Venezuela and look at the videos and so can any child as well, if I look at them and then go to Germany I cannot be held accountable for seeing pirated material because I saw it at Venezuela, not in Germany and even if Venezuela did sign a Copyright agreement worldwide it did so under a constitutional mandate that says that no agreement Venezuela does can pass over it's Constitution.

Observe:
   
Constitution of the Bolivarian Republic of Venezuela
(in English translation from the original legal text)

Article 1: The Bolivarian Republic of Venezuela is irrevocably free and independent,
basing its moral property and values of freedom, equality, justice and international peace
on the doctrine of Simon Bolivar, the Liberator. Independence, liberty, sovereignty,
immunity, territorial integrity and national self-determination are unrenounceable rights
of the Nation.

So we cannot sign an agreement that revokes the Venezuelan Constitution.

The Venezuelan Constitution says that RedTube is responsible, in Venezuela. The Germans might not like it, or the BBC for holding accountable the Pornographic Industry and not the user... But they have to respect the law that cannot be overridden by no Copyright agreement signed by Venezuela.

That means that any German that sees openly marketed RedTube in Venezuela is not responsible for viewing it, Cantv, RedTube and Google Marketing is responsible for everything they do, like providing free porn to children for example. Sorry German but that is what the Constitution says and it also says that no copyright agreement can override that.

It looks like the German System does not hold RedTube accountable for ANYTHING and openly allows it to operate and be marketed while punishing the poor users instead... That is not what our Constitution says. So Germans can watch Red Tube here as long as the Venezuelan Judicial System does not determine it is responsible for streaming pirated material and Germany has to respect our self determination that overrides any International Copyright treaty signed by Venezuela.

I do not understand that about extorting the user and not the responsible for the crime... BBC says really creepy things.

Anyway not all countries have the same laws.

For example you can watch a German mother making love with her son with grand mother assisting in a very heated German orgy or a whole lot of German incest on RedTube I suppose, let me see...

Typed: "Redtube German Incest" in Google:

1.540.000 results

Oh my... They have a lot of family love in Germany don't they?

I am so sure many Germans are extremely angry about that but... What can they do when RedTube is left to do all the pirating it wants and shame the Germans in such a horrible way while they punish and extort the German people instead?

Guess it's better to just leave RedTube alone to clean the floor with the German people as a mop and horribly shame them while RedTube laughs at the Germans... But that is clearly NOT the Venezuelan way so we can see German family love videos that Germans like so much to allow in their country that they don't even dare to blame RedTube or even touch it. Or so it seems... and I really hope I am wrong.

No legal copyright agreement can change the fact that in Venezuela the Constitution holds the Porn provider responsible, not the user and we cannot renounce that because Venezuelans are all members of the right of self-determination expressed at the Article 1 of the Constitution. There is no agreement we can sign to remove that self determination or the immunity of our Constitutional Rights.

Talking about laws... It is legal to make Porn in Germany. So Germany can sue the Germans for using Pirated copies legal Pornography as you just saw... The problem is that they cannot do that in Venezuela because there is no such thing as a legally produced pirated copy of Pornography in Venezuela. :O Surprise, surprise, naughty Germans and Europeans.
   
LEY ORGÁNICA CONTRA LA DELINCUENCIA ORGANIZADA

Capítulo VI

De los delitos contra las buenas costumbres y el buen orden de la familia

Artículo 14. Pornografía. Quien explote la industria o el comercio de la pornografía para reproducir lo obsceno o impúdico a fin de divulgarlo al público en general, será castigado con una pena de dos a seis años de prisión. Si la pornografía fuere realizada con niños, niñas o adolescentes o para ellos, la pena será de dieciséis a veinte años de prisión.

Pornography. Whoever exploits the industry or the commerce of pornography to reproduce the obscene or the impudence with the purpose of distributing it to the general public, will be punished with a sentence of two to six years in prison.

Legally speaking, in Venezuela, Germany is punishing the Germans while protecting the rights of criminals that should be in jail anywhere from two to six years... :S

How can they fight for the legal rights of the Porn Industry or even take legal actions against a person for violating the legal rights of the Porn industry that is CLEARLY illegal in Venezuela?

*Laugh*

BOYCOTT AFP AND EFE and SUE THEM 100 MILLION DOLLARS EACH FOR VIOLATING VENEZUELAN LAWS.

THERE IS NO LICENSE TO RAPE VENEZUELA!

One thing is what we Venezuelan's do in our country and another is what outsiders do against our rights.

There cannot be any legal actions against any Venezuelan that did something over Venezuelan soil that can be condemned by the German court in order to protect the rights of a Porn Industry that is clearly illegal in Venezuela, specially if it is the fact of ignoring free porn providers over the internet while punishing the poor users instead.

Take a look:
   
Constitution of the Bolivarian Republic of Venezuela
(in English translation from the original legal text)


Article 58: Communications are free and plural, and involve the duties and
responsibilities indicated by law
. Everyone has the right to timely, truthful and impartial
information, without censorship, in accordance with the principles of this Constitution, as
well as the right to reply and corrections when they are directly affected by inaccurate or
offensive information. Children and adolescents have the right to receive adequate
information for purposes of their overall development.
 

There is NO WAY we can have a situation where Venezuelan's are punished and RedTube is left to operate freely in Venezuela. It is illegal in Venezuela to blame the user for that, just like it is illegal to produce Porn as well. So Germans can stop trying to protect the rights of criminals in Venezuela as well, and not even try to punish ANY Venezuelans on the grounds of protecting an illegal industry.

Again, I repeat... I hope the BBC lied or did a terrible ethical error that hurt the Germans, apart from not even caring what the official parts said. I make it official that I do not know how the German System works exactly but I am commenting just what the BBC has shown as it is what very many see as well, about the image of Germany.

It is wrong to expose what people do in their private time and I do not do so because TRIBalance has a dignity space (private space) which should be protected as long as nothing illegal was done. In that sense I tend to DENY and reject anything that is said about Me while I am at Legal private time and I encourage everyone to do the same, specially female celebrities, even if it is true. Simply say: I deny everything about Me at my legal private time.

Lately there has been a lot of rape to that private space of people by snooping and greedy corporations and governments. This case only makes the problem a lot worse and increases the paranoia. If they had any honesty left, they would simply ban RedTube and save the German people persecution, fear and anguish.

Anyway I am so happy we can show the Germans how civilized Venezuela is, I guess it's simply a very different kind of "Family Love"...

We will NOT take it kindly that any country wants to continue to trample over our Constitution and our rights.
Added Monday, December 23, 2013.

It is fair to add more about the case:
http://www.bbc.co.uk/news/technology-25492267
23 December 2013 Last updated at 12:29 GMT

German 'streamed porn' case reviewed

A German court that told an ISP to hand over details of users who had allegedly been illegally streaming porn online is reviewing its decision.

The names and addresses of those identified were used by a law firm to send letters asking for a one-off fee.

The firm, Urmann, acting on behalf of Swiss copyright company Archive, targeted users it said had viewed content on porn-streaming site Redtube.

More than 10,000 people are thought to have been affected.

It was one of the first cases to target people accused of streaming rather than downloading pornography.

Now, the court in Cologne says it has examined complaints from dozens of people who received the copyright infringement warning letters, which demanded a 250 euro (£210) payment.

'Victory for users'

In a statement the court said the complaints had raised "considerable" doubts about the legal procedure.

It also said the laws on "streaming" were not clear enough.

Urmann issued a strongly worded statement defending itself against claims it had issued a false affidavit to the court. The firm called on the court to withdraw the allegation.

A final decision on the case is not expected until January.

In a separate court in Hamburg, a temporary injunction has been issued against Urmann and Archive preventing them from sending warning letters to Redtube users alleging copyright infringement.

In a statement Redtube said that the allegations that its site broke copyright laws were "a thinly disguised attempt to extort money from its users".

Commenting on the injunction Alex Taylor, vice president of Redtube, said: "This ruling is a victory not just for Redtube users, but for anyone who accesses a streaming website.

"It sends a clear message that the exploitation of personal information and the violation of privacy for financial gain will not be tolerated," he said.

Redtube also stressed that it had not passed on users information to third parties.

Back to index.