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1/15/10 - Alan Ellis, owner of the famous OiNK music tracker, found not guilty

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  • 1/15/10 - Alan Ellis, owner of the famous OiNK music tracker, found not guilty

    OiNK Admin Found Not Guilty, Walks Free
    Written by enigmax on January 15, 2010


    Lawyers have presented their final arguments in the trial of Alan Ellis. The prosecution slammed the ex-OiNK admin, saying that the site was set up with dishonest and profiteering intentions right from the start. The defense tore into IFPI and countered by calling Ellis an innovator with talents to be nurtured. Today the jury returned a unanimous verdict of not guilty, and Ellis walked free.

    After a very long wait of more than two years, last week the OiNK trial got underway with the prosecution making their case against Alan Ellis. This week it was the turn of the defense and yesterday both sides had the opportunity to summarize their positions by submitting their closing arguments to the jury at Teesside Crown Court.

    Peter Makepeace, prosecuting, naturally painted an extremely negative picture, labeling the Pink Palace as a place designed from the ground up as a personal money-making machine for Ellis.

    “21 million downloads. 600,000-plus albums. £300,000. This was a cash cow, it was perfectly designed to profit him and it was as dishonest as the day is long,” said Makepeace.

    It is common sense to come to the conclusion that Oink was dishonest, claimed the prosecution lawyer, adding that Ellis knows that it’s dishonest “to promote, encourage and facilitate criminal activity,” and accusing him of telling the jury “persistent, cunning, calculated lies.”

    It would, of course, be dishonest to promote “criminal activity”, but Mr Makepeace should be very well aware that the activity engaged in by OiNK’s users is covered under civil law.

    Switching momentarily from criticism to praise and then back again, Makepeace said that the OiNK website was a “wonderful machine” for sharing music but noted that while the site had a really good brand name, it was a brand synonymous with “ripping off music.”

    University of London professor Birgitte Andersenok gave evidence earlier in the trial, stating that file-sharing didn’t hurt the music industry and led to more sales. Mr Makepeace trashed her evidence.

    “It’s nonsense, it’s flannel, it’s verbiage, it’s garbage,” he told the Court.

    For the defense, Alex Stein said that Ellis had never knowingly acted dishonestly and that in 2004 when OiNK was launched, it was a “brave new world” on the Internet.

    “In many societies he’d be an innovator, a creator, a Richard Branson. His talent would be moulded, not crushed by some sort of media organization,” he said.

    The media organization being referred to by Stein was the IFPI, who he said had never requested that OiNK be shut down, and had instead “sat and watched.”

    Gazette Live reports that Stein went on to launch a scathing attack on the IFPI.

    “They used this site. Their own members used this site to promote their own music and now they’re crushing him. Maybe he grew too big for them, maybe they’ve taken a different marketing approach. I don’t know. But it was decided that this site should be taken down.

    “All of us here are being manipulated to some sort of marketing strategy by the IFPI. If anybody’s acting dishonestly it’s them,” he said.

    At the end of the two week trial the jury returned a unanimous verdict (12 to 0). Alan Ellis is not guilty of Conspiracy to Defraud the music industry. He walked out of Teesside Crown Court a free man today, his name cleared.

    The verdict cannot be appealed and Ellis can finally put the past behind him and move on.
    Source:
    Code:
    [url]http://torrentfreak.com/oink-admin-found-not-guilty-walks-free-100115/[/url]

  • #2
    never heard of it.. I do miss albumbase tho

    Comment


    • #3
      You know own an elite music torrent tracker when leaders of major bands are uploading their new albums on your site...

      I hope it returns, I never got to witness the greatness of OiNK that I hear so much about.

      Comment


      • #4
        Meh, I've moved to What.CD.

        Comment


        • #5
          I <3 Gazelle

          Comment


          • #6
            the guy never posted links himself or encoruaged it, people did it themselves

            he never used the money he gained, he put that into getting a new server

            I do believe that downloading can lead to sale gains when its decent music, I want to listen to a track or album a few times before deciding whether to buy .. i cant remember how many times i used to spent a tenner on an album with 4-5 good tracks and 7-9 terrible tracks

            I think a lot of people are like that .. musicians need to realise that we want good consistent music
            Buddhism is the shiiiiittttt

            When Buddha can't help, I ask , What would BARNEY STINSON do ?

            "When I get sad, I stop being sad, and be AWESOME instead. True story."

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            • #7
              never heard of oink
              Originally posted by CWCooper810
              I can be called a "stan" or what not, I even have a backwards E tattooed on my back.

              Comment


              • #8
                Originally posted by ASK JEEVz View Post
                the guy never posted links himself or encoruaged it, people did it themselves

                he never used the money he gained, he put that into getting a new server

                I do believe that downloading can lead to sale gains when its decent music, I want to listen to a track or album a few times before deciding whether to buy .. i cant remember how many times i used to spent a tenner on an album with 4-5 good tracks and 7-9 terrible tracks

                I think a lot of people are like that .. musicians need to realise that we want good consistent music



                We want to hear the whole album before purchasing it, and these types of sites, in my opinion, are the future of music promotion. On top of being able to get high quality albums to listen and see if you like them, you can easily find new artists that are similar to your favorites. I think most people who really enjoy albums do buy them. Who wants to buy an album just judging by a couple songs from the radio?

                Comment


                • #9
                  Oink was good times! Miss it so much, couldn't believe when it got taken down. Was so happy when I heard the verdict on the radio the other day. Great news for all pirates everywhere!
                  http://www.last.fm/user/Humpage/

                  My DVD Collection

                  Please sub my Youtube channel: DVDeMm (Huge DVD collector)

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