All posts by Ernesto

Supreme Court Will Decide if ISP Can Charge Money to Expose Pirates

Post Syndicated from Ernesto original https://torrentfreak.com/supreme-court-to-decide-if-isp-can-charge-money-to-expose-pirates-171124/

Movie studio Voltage Pictures is no stranger to suing BitTorrent users.

The company has filed numerous lawsuits against alleged pirates in the United States, Europe, Canada and Australia, and is estimated to have made a lot of money doing so.

Voltage and other copyright holders who initiate these cases generally rely on IP addresses as evidence. This information is collected from BitTorrent swarms and linked to an ISP using an IP-database.

With this information in hand, they then ask the courts to direct Internet providers to hand over the personal details of the associated account holders, in order to go after the alleged pirates.

In Canada, this so-called copyright trolling practice hasn’t been without controversy.

Last year Voltage Pictures launched a “reverse class action” to demand damages from an unspecified number of Internet users whom they accuse of sharing films, including The Cobbler, Pay the Ghost, Good Kill, Fathers and Daughters, and American Heist.

The application of a reverse class action in a copyright case was unprecedented in itself. In a single swoop, many of Internet subscribers were at risk of having their personal details exposed. However, Internet provider Rogers was not willing to hand over this information freely.

Instead, Rogers demanded compensation for every IP-address lookup, as is permitted by copyright law. The provider asked for $100 per hour of work, plus taxes, to link the addresses to subscriber accounts.

The Federal Court agreed that the charges were permitted under the Copyright Act. However, when Voltage Pictures appealed the decision, this was reversed. The Appeals Court noted that there’s currently no fixed maximum charge defined by law. As long as this is the case, ISPs can charge no fees at all, the argument was.

In addition, the court stressed that it’s important for copyright holders to be able to protect their rights in the digital era.

“The internet must not become a collection of safe houses from which pirates, with impunity, can pilfer the products of others’ dedication, creativity and industry,” the appeal court Justice David Stratas wrote.

Not happy with the decision, Rogers decided to take the matter to the Supreme Court, which just decided that it will hear the case.

The Supreme Court hasn’t given an explanation for its decision to take the case. For the accused BitTorrent pirates in Canada, it’s certainly one to watch though.

The case will in large part determine how profitable the copyright trolling scheme is in Canada. When ISPs can charge a substantial fee for the IP-address lookups the efforts might not bring in enough money through settlements, making them less likely to continue.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Copyright Holders Want ISPs to Police Pirate Sites and Issue Warnings

Post Syndicated from Ernesto original https://torrentfreak.com/copyright-holders-want-isps-to-police-pirate-sites-and-issue-warnings-171124/

Online piracy is a worldwide phenomenon and increasingly it ends up on the desks of lawmakers everywhere.

Frustrated by the ever-evolving piracy landscape, copyright holders are calling on local authorities to help out.

This is also the case in South Africa at the moment, where the Government is finalizing a new Cybercrimes and Cybersecurity Bill.

Responding to a call for comments, anti-piracy group SAFACT, film producers, and local broadcaster M-Net seized the opportunity to weigh in with some suggestions. Writing to the Department of Justice and Constitutional Development, they ask for measures to make it easier to block pirate sites and warn copyright infringers.

“A balanced approach to address the massive copyright infringement on the Internet is necessary,” they say.

On the site-blocking front, the copyright holder representatives suggest an EU-style amendment that would allow for injunctions against ISPs to bar access to pirate sites.

“It is suggested that South Africa should consider adopting technology-neutral ‘no fault’ enforcement legislation that would enable intermediaries to take action against online infringements, in line with Article 8.3 of the EU Copyright Directive (2001/29/EC), which addresses copyright infringement through site blocking,” it reads.

Request and response (via Business Tech)

In addition, ISPs should also be obliged to take further measures to deter piracy. New legislation should require providers to “police” unauthorized file-sharing and streaming sites, and warn subscribers who are caught pirating.

“Obligations should be imposed on ISPs to co-operate with rights-holders and Government to police illegal filesharing or streaming websites and to issue warnings to end-users identified as engaging in illegal file-sharing and to block infringing content,” the rightsholders say.

The demands were made public by the Department recently, which also included an official response from the Government. While the suggestions are not dismissed based on their content, they don’t fit the purpose of the legislation.

“The Bill does not deal with copyright infringements. These aspects must be dealt with in terms of copyright-related legislation,” the Department writes.

SAFACT, the filmmakers, and M-Net are not without options though. The Government points out that the new Copyright Amendment Bill, which was introduced recently, would be a better fit for these asks. So it’s likely that they will try again.

This doesn’t mean that any of the proposed language will be adopted, of course. However, now that the demands are on the table, South Africans are likely to hear more blocking and warning chatter in the near future.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Looming Net Neutrality Repeal Sparks BitTorrent Throttling Fears

Post Syndicated from Ernesto original https://torrentfreak.com/looming-net-neutrality-repeal-sparks-bittorrent-throttling-fears-171123/

Ten years ago we uncovered that Comcast was systematically slowing down BitTorrent traffic to ease the load on its network.

The Comcast case ignited a broad discussion about net neutrality and provided the setup for the FCC’s Open Internet Order, which came into effect three years later.

This Open Internet Order then became the foundation of the net neutrality regulation that was adopted in 2015 and still applies today. The big change compared to the earlier attempt was that ISPs can be regulated as carriers under Title II.

These rules provide a clear standard that prevents ISPs from blocking, throttling, and paid prioritization of “lawful” traffic. However, this may soon be over as the FCC is determined to repeal it.

FCC head Ajit Pai recently told Reuters that the current rules are too restrictive and hinder competition and innovation, which is ultimately not in the best interests of consumers

“The FCC will no longer be in the business of micromanaging business models and preemptively prohibiting services and applications and products that could be pro-competitive,” Pai said. “We should simply set rules of the road that let companies of all kinds in every sector compete and let consumers decide who wins and loses.”

This week the FCC released its final repeal draft (pdf), which was met with fierce resistance from the public and various large tech companies. They fear that, if the current net neutrality rules disappear, throttling and ‘fast lanes’ for some services will become commonplace.

This could also mean that BitTorrent traffic could become a target once again, with it being blocked or throttled across many networks, as The Verge just pointed out.

Blocking BitTorrent traffic would indeed become much easier if current net neutrality safeguards were removed. However, the FCC believes that the current “no-throttling rules are unnecessary to prevent the harms that they were intended to thwart,” such as blocking entire file transfer protocols.

Instead, the FCC notes that antitrust law, FTC enforcement of ISP commitments, and consumer expectations will prevent any unwelcome blocking. This is also the reason why ISPs adopted no-blocking policies even when they were not required to, they point out.

Indeed, when the DC Circuit Court of Appeals decimated the Open Internet Order in 2014, Comcast was quick to assure subscribers that it had no plans to start throttling torrents again. Yes, that offers no guarantees for the future.

The FCC goes on to mention that the current net neutrality rules don’t prevent selective blocking. They can already be bypassed by ISPs if they offer “curated services,” which allows them to filter content on viewpoint grounds. And Edge providers also block content because it violates their “viewpoints,” citing the Cloudflare termination of The Daily Stormer.

Net neutrality supporters see these explanations as weak excuses and have less trust in the self-regulating capacity of the ISP industry that the FCC, calling for last minute protests to stop the repeal.

For now it appears, however, that the FCC is unlikely to change its course, as Ars Technica reports.

While net neutrality concerns are legitimate, for BitTorrent users not that much will change.

As we’ve highlighted in the past, blocking pirate sites is already an option under the current rules. The massive copyright loophole made sure of that. Targeting all torrent traffic is even an option, in theory.

If net neutrality is indeed repealed next month, blocking or throttling BitTorrent traffic across the entire network will become easier, no doubt. For now, however, there are no signs that any ISPs plan to do so.

If it does, we will know soon enough. The FCC will require ISPs to be transparent under the new plan. They have to disclose network management practices, blocking efforts, commercial prioritization, and the like.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Sci-Hub Loses Domain Names, But Remains Resilient

Post Syndicated from Ernesto original https://torrentfreak.com/sci-hub-loses-domain-names-but-remains-resilient-171122/

While Sci-Hub is praised by thousands of researchers and academics around the world, copyright holders are doing everything in their power to wipe the site from the web.

Following a $15 million defeat against Elsevier in June, the American Chemical Society won a default judgment of $4.8 million in copyright damages earlier this month.

The publisher was further granted a broad injunction, requiring various third-party services to stop providing access to the site. This includes domain registries, which have the power to suspend domains worldwide if needed.

Yesterday, several of Sci-Hub’s domain names became unreachable. While the site had some issues in recent weeks, several people noticed that the present problems are more permanent.

Sci-hub.io, sci-hub.cc, and sci-hub.ac now have the infamous “serverhold” status which suggests that the responsible registries intervened. The status, which has been used previously when domain names are flagged for copyright issues, strips domains of their DNS entries.

Serverhold

This effectively means that the domain names in question have been rendered useless. However, history has also shown that Sci-Hub’s operator Alexandra Elbakyan doesn’t easily back down. Quite the contrary.

In a message posted on the site’s VK page and Twitter, the operator points out that users can update their DNS servers to the IP-addresses 80.82.77.83 and 80.82.77.84, to access it freely again. This rigorous measure will direct all domain name lookups through Sci-Hub’s servers.

Sci-Hub’s tweet

In addition, the Sci-Hub.bz domain and the .onion address on the Tor network still appear to work just fine for most people.

It’s clear that Ukraine-born Elbakyan has no intention of throwing in the towel. By providing free access to published research, she sees it as simply helping millions of less privileged academics to do their work properly.

Authorized or not, among researchers there is still plenty of demand and support for Sci-Hub’s service. The site hosts dozens of millions of academic papers and receives millions of visitors per month.

Many visits come from countries where access to academic journals is limited, such as Iran, Russia and China. But even in countries where access is more common, a lot of researchers visit the site.

While the domain problems may temporarily make the site harder to find for some, it’s not likely to be the end for Sch-Hub.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

170 ‘Pirate’ IPTV Vendors Throw in the Towel Facing Legal Pressure

Post Syndicated from Ernesto original https://torrentfreak.com/170-pirate-iptv-vendors-throw-the-in-the-towel-facing-legal-pressure-171121/

Pirate streaming boxes are all the rage this year. Not just among the dozens of millions of users, they are on top of the anti-piracy agenda as well.

Dubbed Piracy 3.0 by the MPAA, copyright holders are trying their best to curb this worrisome trend. In the Netherlands local anti-piracy group BREIN is leading the charge.

Backed by the major film studios, the organization booked a significant victory earlier this year against Filmspeler. In this case, the European Court of Justice ruled that selling or using devices pre-configured to obtain copyright-infringing content is illegal.

Paired with the earlier GS Media ruling, which held that companies with a for-profit motive can’t knowingly link to copyright-infringing material, this provides a powerful enforcement tool.

With these decisions in hand, BREIN previously pressured hundreds of streaming box vendors to halt sales of hardware with pirate addons, but it didn’t stop there. This week the group also highlighted its successes against vendors of unauthorized IPTV services.

“BREIN has already stopped 170 illegal providers of illegal media players and/or IPTV subscriptions. Even providers that only offer illegal IPTV subscriptions are being dealt with,” BREIN reports.

In addition to shutting down the trade in IPTV services, the anti-piracy group also removed 375 advertisements for such services from various marketplaces.

“This is illegal commerce. If you wait until you are warned, you are too late,” BREIN director Tim Kuik says.

“You can be held personally liable. You can also be charged and criminally prosecuted. Willingly committing commercial copyright infringement can lead to a 82,000 euro fine and 4 years imprisonment,” he adds.

While most pirate IPTV vendors threw in the towel voluntarily, some received an extra incentive. Twenty signed a settlement with BREIN for varying amounts, up to tens of thousands of euros. They all face further penalties if they continue to sell pirate subscriptions.

In some cases, the courts were involved. This includes the recent lawsuit against MovieStreamer, that was ordered to stop its IPTV hyperlinking activities immediately. Failure to do so will result in a 5,000 euro per day fine. In addition, the vendor was also ordered to pay legal costs of 17,527 euros.

While BREIN has booked plenty of successes already, as exampled here, the pirate streaming box problem is far from solved. The anti-piracy group currently has one case pending in court, but more are likely to follow in the near future.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Kodi-Addon Developer Launches Fundraiser to Fight “Copyright Bullies”

Post Syndicated from Ernesto original https://torrentfreak.com/kodi-addon-developer-launches-fundraiser-to-fight-copyright-bullies-171120/

Earlier this year, American satellite and broadcast provider Dish Network targeted two well-known players in the third-party Kodi add-on ecosystem.

In a complaint filed in a federal court in Texas, add-on ZemTV and the TVAddons library were accused of copyright infringement. As a result, both are facing up to $150,000 for each offense.

While the case was filed in Texas, neither of the defendants live there, or even in the United States. The owner and operator of TVAddons is Adam Lackman, who resides in Montreal, Canada. ZemTV’s developer Shahjahan Durrani is even further away in London, UK.

Over the past few months, Lackman has spoken out in public on several occasions, but little was known about the man behind ZemTV. Today, however, he also decided to open up, asking for support in his legal battle against the Dish Network.

Shahjahan Durrani, Shani for short, doesn’t hide the fact that he was the driving force behind the Kodi-addons ZemTV, LiveStreamsPro, and F4MProxy. While the developer has never set foot in Texas, he is willing to defend himself. Problem is, he lacks the funds to do so.

“I’ve never been to Texas in my life, I’m from London, England,” Shani explains. “Somehow a normal chap like me is expected to defend himself against a billion dollar media giant. I don’t have the money to fight this on my own, and hope my friends will help support my fight against the expansion of copyright liability.”

Shani’s fundraiser went live a few hours ago and the first donations are now starting to come in. He has set a target of $8,500 set for his defense fund so there is still a long way to go.

Speaking with TorrentFreak, Shani explains that he got into Kodi addon development to broaden his coding skills and learn Python. ZemTV was a tool to watch recorded shows from zemtv.com, which he always assumed were perfectly legal, on his Apple TV. Then, he decided to help others to do the same.

“The reason why I published the addon was that I saw it as a community helping each other out, and this was my way to give back. I never received any money from anybody and I wanted to keep it pure and free,” Shani tells us.

ZemTV was a passive service, simply scraping content from a third party source, he explains. The addon provided an interface but did not host or control any allegedly infringing content directly.

“I had no involvement nor control over any of the websites or content sources that were allegedly accessible through ZemTV. I did not host nor take part in the sharing of any form of streaming media. As an open source developer, I should not be held liable for the potential abuse of my code,” the developer stresses.

Dish Network sees things differently, of course. In its complaint, the company accused Shani of illegally retransmitting their copyright protected channels while asking for donations to maintain the project.

The case is perhaps not as straightforward as either side presents it. However, it is in the best interests of the general public that both sides are properly heard. This is the first case against a Kodi-addon developer and the outcome will set an important precedent.

“This lawsuit is part of a targeted effort to destroy the Kodi addon community. The fight is rigged against the little guy, they are trying to make something illegal that shouldn’t be illegal. They tried to do it with the VCR, and now years and years later they are trying to do it with Kodi.

“Since I am the only addon developer to date who is actually fighting the wrath of big media bullies, it is crucial that I win my case,” Shani adds.

Going forward, the ZemTV developer believes that copyright holders are better off going after the content providers directly. If the sources are down, any problematic addons will also stop working. Rightholders can even work with addon developers and use addons to find infringing content providers.

“I think the copyright holders should target the sources, it’s as simple as that,” Shani tells us.

The fundraiser campaign is now public on Generosity.com. At the time of writing the ticker sits at $50, so there is still a long way to go before the developer can organize a proper defense.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Top 10 Most Pirated Movies of The Week on BitTorrent – 11/20/17

Post Syndicated from Ernesto original https://torrentfreak.com/top-10-pirated-movies-week-bittorrent-112017/

This week we have three newcomers in our chart.

Valerian and the City of a Thousand Planets is the most downloaded movie again.

The data for our weekly download chart is estimated by TorrentFreak, and is for informational and educational reference only. All the movies in the list are Web-DL/Webrip/HDRip/BDrip/DVDrip unless stated otherwise.

RSS feed for the weekly movie download chart.

This week’s most downloaded movies are:
Movie Rank Rank last week Movie name IMDb Rating / Trailer
Most downloaded movies via torrents
1 (1) Valerian and the City of a Thousand Planets 6.7 / trailer
2 (…) Logan Lucky 7.2 / trailer
3 (…) Wind River 7.8 / trailer
4 (2) The Hitman’s Bodyguard 7.0 / trailer
5 (4) Thor Ragnarok (HDTS/Cam) 8.2 / trailer
6 (9) Atomic Blonde 7.0 / trailer
7 (5) Spider-Man: Homecoming 7.8 / trailer
8 (3) 24 Hours to live 5.7 / trailer
9 (…) Rememory 6.2 / trailer
10 (8) War for the Planet of the Apes 7.8 / trailer

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Danes Deploy ‘Disruption Machine’ to Curb Online Piracy

Post Syndicated from Ernesto original https://torrentfreak.com/danes-deploy-disruption-machine-to-curb-online-piracy-171119/

Over the years copyright holders have tried a multitude of measures to curb copyright infringement, with varying levels of success.

By now it’s well known that blocking or even shutting down a pirate site doesn’t help much. As long as there are alternatives, people will simply continue to download or stream elsewhere.

Increasingly, major entertainment industry companies are calling for a broader and more coordinated response. They would like to see ISPs, payment processors, advertisers, search engines, and social media companies assisting in their anti-piracy efforts. Voluntarily, or even with a legal incentive, if required.

In Denmark, local anti-piracy group RettighedsAlliancen has a similar goal and they are starting to make progress. The outfit is actively building a piracy “disruption machine” that tackles the issue from as many sides as it can.

The disruption machine is built around an Infringing Website List (IWL), which is not related to a similarly-named initiative from the UK police. This list is made up of pirate sites that have been found to facilitate copyright infringement by a Danish court.

“The IWL is a part of the disruption machine that RettighedsAlliancen has developed in collaboration with many stakeholders in the online community,” the group’s CEO Maria Fredenslund tells TorrentFreak.

The stakeholders include major ISPs, but also media companies, MasterCard, Google, and Microsoft. With help from the local government they signed a Memorandum of Understanding. Their goal is to make the internet a safe and legitimate platform for consumers and businesses while limiting copyright infringement and associated crime.

MoU signees

There are currently twelve court orders on which the list is based and two more are expected to come in before the end of the year. As a result, approximately 600 pirate sites are on the IWL, making them harder to find.

Every time a new court order is handed down, RettighedsAlliancen distributes an updated list to their the network of stakeholders.

“Currently, all major ISPs in Denmark have agreed to implement the IWL in their systems based on a joint Code of Conduct. This means that all the ISPs jointly will block their customers access to infringing services thus amplifying the impact of a blocking order by magnitudes,” Fredenslund explains.

Thus far ISPs are actively blocking 100 pirate sites, resulting in significant traffic drops. The rest of the list has yet to be implemented.

The IWL is also used in the online advertising industry, where several major advertising brokers have signed a joint agreement not to show advertising on these sites. This shuts off part of the revenue streams to pirate sites which, in theory, should make them less profitable.

A similar approach is being taken by major payment providers, who are preventing known pirate sites from processing transactions through their services. Every company has its own measures, but the overlapping goal is to frustrate pirate sites and reduce copyright infringement.

The Disruption Machine

It’s interesting to see that Google is listed as a partner since they don’t support general website blockades. However, Google said that it would demote sites on the IWL in its search results.

While these are all positive developments, according to the anti-piracy group, it’s just the start. RettighedsAlliancen also believes other tools and services could join in. Browser plugins could use the IWL to identify illegal sites, for example, and the options are endless.

“Likewise, large companies, institutions, and public authorities are also well-suited to implement the IWL in their local networks. For example, to prevent students from accessing illegal content while at school or university,” Fredenslund says.

“Looking further ahead, social media platforms such as Facebook are used to a great extent to consume content online and it is therefore obvious that they should also incorporate the IWL in their systems to prevent their users from harm and preventing copyright infringement.”

This model is not completely unique, of course. We’ve seen several elements being implemented in other countries as well, and copyright holders have been pushing voluntary agreements for quite some time now.

What’s new, however, is that it’s clearly defined as a strategy by the Danish group. And by labeling the strategy as a “disruption machine” it already sounds effective, which is part of the job.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Original Torrentz Domain Names Listed For Sale

Post Syndicated from Ernesto original https://torrentfreak.com/original-torrentz-domain-names-listed-for-sale-171119/

Last year, the torrent ecosystem lost two of its biggest sites. First KickassTorrents was taken down following a criminal investigation by the FBI, resulting in indictments against the operators.

A few days later, Torrentz.eu decided to close its doors as well, albeit voluntarily. Without prior warning, all torrent listings were removed from the meta-search engine, which was the third largest torrent site at the time.

The site’s operator kept the website online, but instead of offering links to the usual torrents, its users were left with the following message: “Torrentz will always love you. Farewell.”

Today, more than a year later, not much has changed. Torrentz is still online but the torrent search engine is still not functional. This role was taken over by an unrelated site carrying the name Torrentz2, which has millions of daily visitors itself now.

However, according to a message posted on the original Torrentz site, things may change in the near future. The original Torrentz domain names, including Torrentz.eu, Torrentz.com and Torrentz.in, are for listed sale.

Torrentz for sale

Considering the history of the site and the fact that it still has quite a bit of traffic, this may pique the interest of some online entrepreneurs.

For sentimental Torrentz fans, a sale can go both ways. It could either be used for a new torrent related venture, or someone could scoop it up just to fill it with ads, or even worse.

One thing potential buyers have to be aware of is that the site is still blocked in several countries, including the UK. This, despite the fact that it hasn’t carried any links to infringing content for over a year.

TorrentFreak reached out to the owner of Torrentz to find out why he decided to sell the site now. At the time of writing we haven’t heard back yet, but it’s clear that he’s ready to move on.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

“The Commercial Usenet Stinks on All Sides,” Anti-Piracy Boss Says

Post Syndicated from Ernesto original https://torrentfreak.com/the-commercial-usenet-stinks-on-all-sides-anti-piracy-boss-says-171118/

Dutch anti-piracy group BREIN has targeted pirates of all shapes and sizes over the past several years.

It’s also one of the few groups keeping a close eye on Usenet piracy. Although Usenet and associated piracy are a few decades old already and relatively old-fashioned, the area still has millions of frequent users. This hasn’t escaped the attention of law enforcement.

Last week police in Germany launched one of the largest anti-piracy operations in recent history. Houses of dozens of suspects connected to Usenet forums were searched, with at least 1,000 gigabytes of data and numerous computers seized for evidence.

In their efforts, German authorities received help from international colleagues in the Netherlands, Spain, San Marino, Switzerland and Canada. Rightfully so, according to BREIN boss Tim Kuik, who describes Usenet as a refuge for pirates.

“Usenet was originally for text only. People were able to ask questions and exchange information via newsgroups. After it became possible to store video and music as Usenet text messages, it became a refuge for illegal copies of everything. That’s where the revenue model is based on today,” Kuik says.

BREIN states that uploaders, Usenet forums, and Usenet resellers all work in tandem. Resellers provide free accounts to popular uploaders, for example, which generates more traffic and demand for subscriptions. That’s how resellers and providers earn their money.

The same resellers also advertise on popular Usenet forums where links to pirated files are shared, suggesting that they specifically target these users. For example, one of the resellers targeted by BREIN in the past, was sponsoring one of the sites that were raided last week, BREIN notes.

Last year BREIN signed settlements with several Usenet uploaders. This was in part facilitated by a court order, directing Usenet provider Eweka to identify a former subscriber who supposedly shared infringing material.

Following this verdict, several Dutch Usenet servers were taken over by a San Marino company. But, according to BREIN this company can also be ordered to share customer information if needed.

“It is not unthinkable that this construction has been called into existence by Usenet companies who find themselves in hot water,” Kuik says.

According to BREIN it’s clear. Large parts of Usenet have turned into a playground for pirates and people who profit from copyright infringement. This all happens while the legitimate rightsholders don’t see a penny.

“For a long time, there’s been a certain smell to the commercial Usenet,” Kuik says. “It’s stinking on all sides.”

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Pirate Site Owner Found Guilty, But He Can Keep The Profits

Post Syndicated from Ernesto original https://torrentfreak.com/pirate-site-owner-found-guilty-can-keep-profits/

Traditionally, Sweden has been rather tough on people who operate file-sharing sites, with The Pirate Bay case as the prime example.

In 2009, four people connected to the torrent site were found guilty of assisting copyright infringement. They all received stiff prison sentences and millions of dollars in fines.

The guilty sentence was upheld in an appeal. While the prison terms of Peter Sunde, Fredrik Neij and Carl Lundström were reduced to eight, ten and four months respectively, the fines swelled to $6.5 million.

This week another torrent related filesharing case concluded in Sweden, but with an entirely different outcome. IDG reports that the 47-year-old operator of Filmfix was sentenced to 120 hours of community service.

Filmfix.se offered community-curated links to a wide variety of pirated content hosted by external sources, including torrent sites. The operator charged users 10 Swedish Krona per month to access the service, which is little over a dollar at the current exchange rate.

With thousands of users, Filmfix provided a decent income. The site was active for more than six years and between April 2012 and October 2013 alone it generated over $88,000 in revenue. Interestingly, the court decided that the operator can keep this money.

Filmfix

While the District Court convicted the man for facilitating copyright infringement, there was no direct link between the subscription payments and pirated downloads. The paying members also had access to other unrelated features, such as the forums and chat.

Henrik Pontén, head of the local Rights Alliance, which reported the site to the police, stated that copyright holders have not demanded any damages. They may, however, launch a separate civil lawsuit in the future.

The man’s partner, who was suspected of helping out and owned the company where Filmfix’s money went to, was acquitted entirely by the District Court.

The 120-hours of community service stands in stark contrast to the prison sentences and millions of dollars in fines in The Pirate Bay case, despite there being quite a few similarities. Both relied on content uploaded by third parties and didn’t host any infringing files directly.

The lower sentence may in part be due to a fresh Supreme Court ruling in Sweden. In the case against an operator of the now-defunct private torrent tracker Swepirate, the Court recently ruled that prison sentences should not automatically be presumed in file-sharing cases.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Center For Justice Wants Court to Unveil Copyright Trolling Secrets

Post Syndicated from Ernesto original https://torrentfreak.com/center-for-justice-wants-court-to-unveil-copyright-trolling-secrets-171116/

Mass-piracy lawsuits have been plaguing the U.S. for years, targeting hundreds of thousands of alleged downloaders.

While the numbers are massive, there are only a few so-called “copyright trolling” operations running the show.

These are copyright holders, working together with lawyers and piracy tracking firms, trying to extract cash settlements from alleged subscribers.

Getting a settlement is also what the makers of the “Elf-Man” movie tried when they targeted Ryan Lamberson of Spokane Valley, Washington. Unlike most defendants, however, Lamberson put up a fight, questioning the validity of the evidence. After the filmmaker pulled out, the accused pirate ended up winning $100,000 in attorney fees.

All this happened three years ago but it appears that there might be more trouble in store for Elf-Man and related companies.

The Washington non-profit organization Center for Justice (CFJ) recently filed a motion to intervene in the case. The group, which aims to protect “the wider community from abuse by the moneyed few,” has asked the court to unseal several documents that could reveal more about how these copyright trolls operate.

The non-profit asks the court to open up several filings to the public that may reveal how film companies, investigators, and lawyers coordinated an illegal settlement factory.

“The CFJ’s position is simple: if foreign data collectors and local lawyers are feeding on the subpoena power of federal courts to extract settlements from innocent people, then the public deserves to know.

“What makes this case so important is that, based on the unsealed exhibits and declarations, it appears that a German operation is providing the ‘investigators’ and ‘experts’ that claim to identify infringing activities, but its investigators apparently have a direct financial interest and the ‘software’ is questionable at best,” CFJ adds.

Another problem mentioned by the non-profit organization is that not all defense lawyers are familiar with these ‘trolling’ cases. They sometimes need dozens of hours to research them, which costs the defendant more than the cash settlement deal offered by the copyright holder.

As a result, paying off the trolls may seem like the most logical and safe option to the accused, even when they are innocent.

CFJ hopes that the sealed documents will help to expose the copyright trolls’ “mushrooming” enterprise, not just in this particular case, but also in many similar cases where people are pressured into settling.

“The entire lawsuit may have been a sham. Which is where CFJ comes in. Money and information remain the most significant hurdles for those being named as defendants in lawsuits like this one who receive threatening settlement letters like the one Mr. Lamberson received.

“CFJ’s goal is to level the playing field and reduce the plaintiffs’ informational advantage. The common-law right of access to judicial records is especially important where, as here, the copyright ‘trolling’ risks infecting the judicial system,” the non-profit adds.

The recent filings were spotted by SJD from Fight Copyright Trolls, who rightfully notes that we still have to see whether the documents will be made public, or not. If they are indeed unsealed, it may trigger a response from other accused pirates, perhaps even a class action suit.

—–

Center For Justice’s full motion to intervene is available here (pdf).

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Cracking Group 3DM Loses Piracy Case Against Game Maker

Post Syndicated from Ernesto original https://torrentfreak.com/cracking-group-3dm-loses-piracy-case-against-game-maker-171115/

While most cracking groups operate under a veil of secrecy, China-based 3DM is not shy to come out in public.

The group’s leader, known as Bird Sister, has commented on various gaming and piracy related issues in the past.

She also spoke out when her own group was sued by the Japanese game manufacturer Koei Tecmo last year. The company accused 3DM of pirating several of its titles, including Romance of the Three Kingdoms.

However, Bird Sister instead wondered why the company should be able to profit from a work inspired by a 3rd-century novel from China.

“…why does a Japanese company, Koei have the copyright of this game when the game is obviously a derivation from the book “Romance of the Three Kingdoms” written by Chen Shou. I think Chinese gaming companies should try taking back the copyright,” she said.

Bird Sister

birdsister

The novel in question has long since been in the public domain so there’s nothing stopping Koei Tecmo from using it, as Kotaku points out. The game, however, is a copyrighted work and 3DM’s actions were seen as clear copyright infringement by a Chinese court.

In a press release, Koei Tecmo announces that it has won its lawsuit against the cracking group.

The court ordered 3DM to stop distributing the infringing games and awarded a total of 1.62 million Yuan ($245,000) in piracy damages and legal fees.

While computer games are cracked and pirated on a daily basis, those responsible for it are rarely held accountable. This makes the case against 3DM rather unique. And it may not be the last if it’s up to the game manufacturer.

“We will continue to respond rigorously to infringements of our copyrights and trademark rights, both in domestic and overseas markets, while also developing satisfying games that many users can enjoy,” said the company, commenting on the ruling.

While the lawsuit may help to steer the cracking group away from pirating Koei Tecmo games, it can’t undo any earlier releases. Court order or not, past 3DM releases, including Romance of the Three Kingdoms titles, are still widely available through third-party sites.

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Judge Puts Brakes on Piracy Cases, Doubts Evidence Against Deceased Man

Post Syndicated from Ernesto original https://torrentfreak.com/judge-puts-brakes-on-piracy-cases-doubts-evidence-against-deceased-man-171114/

In recent years, file-sharers around the world have been pressured to pay significant settlement fees, or face legal repercussions.

These so-called “copyright trolling” efforts have been a common occurrence in the United States for more than half a decade, and still are.

While copyright holders should be able to take legitimate piracy claims to court, there are some who resort to dodgy tactics to extract money from alleged pirates. The evidence isn’t exactly rock-solid either, which results in plenty of innocent targets.

A prime candidate for the latter category is a man who was sued by Venice PI, a copyright holder of the film “Once Upon a Time in Venice.” He was sued not once, but twice. That’s not the problem though. What stood out is that defendant is no longer alive.

The man’s wife informed a federal court in Seattle that he passed away recently, at the respectable age of 91. While age doesn’t prove innocence, the widow also mentioned that her husband suffered from dementia and was both mentally and physically incapable of operating a computer at the time of the alleged offense.

These circumstances raised doubt with US District Court Judge Thomas Zilly, who brought them up in a recent order (citations omitted).

“In two different cases, plaintiff sued the same, now deceased, defendant, namely Wilbur Miller. Mr. Miller’s widow submitted a declaration indicating that, for about five years prior to his death at the age of 91, Mr. Miller suffered from dementia and was both mentally and physically incapable of operating a computer,” the Judge writes.

The Judge notes that the IP-address tracking tools used by the copyright holder might not be as accurate as is required. In addition, he adds that the company can’t simply launch a “fishing expedition” based on the IP-address alone.

“The fact that Mr. Miller’s Internet Protocol (‘IP’) address was nevertheless identified as part of two different BitTorrent ‘swarms’ raises significant doubts about the accuracy of whatever IP-address tracking method plaintiff is using.

“Moreover, plaintiff may not, based solely on IP addresses, launch a fishing expedition aimed at coercing individuals into either admitting to copyright infringement or pointing a finger at family members, friends, tenants, or neighbors. Plaintiff must demonstrate the plausibility of their claims before discovery will be permitted,” Judge Zilly adds.

From the order

Since the copyright holder has only provided an IP-address as evidence, the plausibility of the copyright infringement claims is not properly demonstrated. This means that the holder was not allowed to conduct discovery, which includes discussions with defendants.

The court, therefore, ordered Venice PI to cease all communication with defendants effective immediately, until further notice. This order applies to a dozen cases which are now effectively on hold.

The copyright holder has been given 28 days to provide more information on several issues related to the evidence gathering. This offer of proof should be supported by a declaration of an expert in the field.

The Judge wants to know if an IP-address can be spoofed or faked by a BitTorrent tracker, and if so, how likely this is. In addition, he questions if the material that was tracked (possible only part of a download) is actually playable. And finally, the Judge asks what other evidence Venice PI has against each defendant, aside from the IP-address.

“In the absence of a timely filed offer of proof, plaintiff’s claims will be dismissed with prejudice and without costs, and these cases will be closed,” Judge Zilly warns.

The harsh order was noticed by copyright troll skeptic FCT, who notes that Venice PI will have a hard time providing the requested proof.

Venice and other “copyright trolls” use the German company Maverickeye to track BitTorrent pirates on a broad scale. They are also active with their settlement demands in various other countries, most recently in Sweden.

If the provided proof is not sufficient in the court’s opinion, it will be hard for them and other rightsholders to continue their practices in the Washington district.

The full order is available here (pdf).

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Microsoft Sued Over ‘Baseless’ Piracy Threats

Post Syndicated from Ernesto original https://torrentfreak.com/microsoft-sued-over-baseless-piracy-threats-171113/

For many years, Microsoft and the Business Software Alliance (BSA) have carried out piracy investigations into organizations large and small.

Companies accused of using Microsoft software without permission usually get a letter asking them to pay up, or face legal consequences.

Rhode Island-based company Hanna Instruments is one of the most recent targets. The company stands accused of using Microsoft Office products without a proper license.

However, instead of Microsoft going after Hanna in court for copyright infringement, Hanna has filed a lawsuit against BSA and Microsoft asking for a declaratory judgment that it did nothing wrong.

The lawsuit is the result of a long back-and-forth that started in June. At the time, BSA’s lawyers sent Hanna a letter accusing it of using Microsoft products without a proper license, while requesting an audit.

Hanna’s management wasn’t aware of any pirated products but after repeated requests, the company decided to go ahead and conduct a thorough investigation. The results, combined in a detailed spreadsheet, showed that it purchased 126 copies of Microsoft Office software, while only 120 were in use.

Perfectly fine, they assumed, but the BSA was not convinced.

Since Hanna only had Microsoft generated key cards for the most recent purchases, the company used purchase orders, requisitions, and price quotes to prove that it properly licensed earlier copies of Microsoft Office. Not good enough, according to the BSA, which wanted to see money instead.

The BSA’s lawyers informed Hanna that the company would face up to $4,950,000 in damages if the case went to court. Instead, however, they offered to settle the matter for $72,074.

From the complaint

Hanna wasn’t planning to pay and pointed out that they sent in as much proof as they could find, documenting legal purchases of Microsoft Office licenses for a period covering more than ten years. While the BSA appreciated the effort, it didn’t accept this as hard evidence.

“…the provision of purchase orders, price quotes, purchase requisitions are not acceptable as valid proof of purchase to our client. Reason being, the aforesaid documents do not demonstrate that a purchase has taken place, they merely establish intent to make a purchase of software,” the BSA wrote in yer another email.

Interestingly, the BSA itself still failed to provide any solid proof that Hanna was using unlicensed software. The Rhode Island company repeatedly requested this, but the BSA simply replied that it’s neither appropriate nor efficient to request evidence from their clients in every case.

The BSA then went a step further and suggested that Microsoft did the company a favor by approaching it directly. The alternative would have been to call in the U.S. Marshals and raid the company’s headquarters.

“The rights holders had the alternative option of simply commencing litigation and seeking a court order permitting a raid by U.S. Marshals,” the BSA’s lawyers wrote in one of their letters.

This ‘threat’ wasn’t completely in vain. In the past, the BSA and Microsoft’s accusations have developed into fully-fledged raids, with armed law enforcement officials assisting the software vendor, taking away computers for further inspection.

Still, Hanna maintained that it didn’t do anything wrong. At this point, they’d spent $25,000 on disproving the BSA’s “baseless” claims, and saw no other option than to take the matter to court.

Late last week the company submitted a complaint against Microsoft and the BSA in a Rhode Island federal court, asking for a declaratory judgment and monetary compensation.

“To date, the Defendants have not provided any documentation supporting the baseless allegation that Hanna illegally copied Microsoft Office, in spite of repeated requests by Plaintiff’s counsel that BSA produce such information,” the complaint reads.

“By this Complaint, Hanna seeks a declaration by the Court that it has not infringed any Microsoft copyrights, that Hanna has been harmed by BSA’s relentless and unsupported charges, and that Defendants pay Hanna’s costs and expenses for this action, together with reasonable attorney fees, and any additional monetary award this Court deems appropriate.”

It’s now up to the court to decide who’s right and who’s wrong, but the case already provides a rare and intriguing insight into the anti-piracy practices of Microsoft and the BSA.

This isn’t the first time that one of these cases has gone to court. In Belgium, the BSA and Microsoft lost a similar case. Here, a local company was ordered to pay a settlement on the spot or lose its computers. With law enforcement at the ready, the owner decided to pay, despite owning valid licenses.

The full complaint is available here (pdf).

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Top 10 Most Pirated Movies of The Week on BitTorrent – 11/13/17

Post Syndicated from Ernesto original https://torrentfreak.com/top-10-pirated-movies-week-bittorrent-111317/

This week we have four newcomers in our chart.

Valerian and the City of a Thousand Planets is the most downloaded movie again.

The data for our weekly download chart is estimated by TorrentFreak, and is for informational and educational reference only. All the movies in the list are Web-DL/Webrip/HDRip/BDrip/DVDrip unless stated otherwise.

RSS feed for the weekly movie download chart.

This week’s most downloaded movies are:
Movie Rank Rank last week Movie name IMDb Rating / Trailer
Most downloaded movies via torrents
1 (1) Valerian and the City of a Thousand Planets 6.7 / trailer
2 (…) The Hitman’s Bodyguard 7.0 / trailer
3 (5) 24 Hours to live 5.7 / trailer
4 (9) Thor Ragnarok (HDTS/Cam) 8.2 / trailer
5 (6) Spider-Man: Homecoming 7.8 / trailer
6 (…) Jeepers Creepers 3 4.4 / trailer
7 (10) American Made (Subbed HDrip) 7.3 / trailer
8 (3) War for the Planet of the Apes 7.8 / trailer
9 (2) Atomic Blonde 7.0 / trailer
10 (…) Foreigner 7.3 / trailer

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MPAA Lobbies US Congress on Streaming Piracy Boxes

Post Syndicated from Ernesto original https://torrentfreak.com/mpaa-lobbies-us-congress-on-streaming-piracy-boxes-171112/

As part of its quest to reduce piracy, the MPAA continues to spend money on its lobbying activities, hoping to sway lawmakers in its direction.

While the lobbying talks take place behind closed doors, quarterly disclosure reports provide some insight into the items under discussion.

The MPAA’s most recent lobbying disclosure form features several new topics that weren’t on the agenda last year.

Among other issues, the Hollywood group lobbied the U.S. Senate and the U.S. House of Representatives on set-top boxes, preloaded streaming piracy devices, and streaming piracy in general.

The details of these discussions remain behind closed doors. The only thing we know for sure is what Hollywood is lobbying on, but it doesn’t take much imagination to take an educated guess on the ‘why’ part.

Just over a year ago streaming piracy boxes were hardly mentioned in anti-piracy circles, but today they are on the top of the enforcement list. The MPAA is reporting these concerns to lawmakers, to see whether they can be of assistance in curbing this growing threat.

Some of the lobbying topics

It’s clear that pirate streaming players are a prime concern for Hollywood. MPA boss Stan McCoy recently characterized the use of these devices as “Piracy 3.0” and a coalition of industry players sued a US-based seller of streaming boxes earlier this month.

The lobbying efforts themselves are nothing new of course. Every year the MPAA spends around $4 million to influence the decisions of lawmakers, both directly and through external lobbying firms such as Covington & Burling, Capitol Tax Partners, and Sentinel Worldwide.

While piracy streaming boxes are new on the agenda this year, they are not the only topics under discussion. Other items include trade deals such as the TPP, TTIP, and NAFTA, voluntary domain name initiatives, EU digital single market proposals, and cybersecurity.

TorrentFreak reached out to the MPAA for more information on the streaming box lobbying efforts, but we have yet to hear back.

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Twitter Sued Over Slow Response to DMCA Takedown Request

Post Syndicated from Ernesto original https://torrentfreak.com/twitter-sued-over-slow-response-to-dmca-takedown-request-171112/

In common with many other user-generated content sites, Twitter is used by some of its members to host or link to copyright-infringing material.

If rightsholders submit a takedown request, Twitter swiftly takes the infringing content down. Over the past several months the company has processed thousands of requests and complied with most of them.

However, a new lawsuit filed in a California federal court suggests that Twitter’s takedown efforts aren’t perfect.

Rhode Island-based photographer Kristen Pierson filed a complaint against Twitter, accusing the company of hosting and linking to one of her works without permission.

The photo in question, taken at an Alice in Chains concert in 2006, was posted by Twitter user Karen Juanita. After Pierson found out she sent a DMCA takedown notice to Twitter on April 26 of this year.

Twitter promptly replied that it had “disabled access” to the photo, but this didn’t happen right away. While Twitter noted that it could take some time for the removal to propagate, it appears that something went wrong.

Twitter’s response

According to the complaint, it took 90 days before it was effectively taken down. It seems unlikely that Twitter intentionally waited three months, but Pierson is not looking for an excuse. Instead, she’s demanding damages from the social media outfit.

“Twitter had actual knowledge of the direct infringement and contributory infringement. Pierson provided notice to Twitter in compliance with the DMCA, and Twitter failed to expeditiously disable access to or remove the Copyrighted Photograph from their servers,” the complaint notes.

“Alternatively, Twitter directly infringed Pierson’s copyrights by continuing to allow public access to the Copyrighted Photograph on Twitter’s server or on servers controlled by Twitter.”

Theoretically, damages could go up to $150,000, should willful copyright infringement be proven. However, it’s more likely that both parties will settle their differences, or that the case will be dismissed for other reasons.

This isn’t the first time that Twitter has been sued for failing to promptly remove infringing content. Several photographers, including Pierson herself, have done so before. In most cases, these lawsuits are settled after a few weeks, behind closed doors.

A copy of the complaint is available here (pdf).

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Sci-Hub Won’t Be Blocked by US ISPs Anytime Soon

Post Syndicated from Ernesto original https://torrentfreak.com/sci-hub-wont-be-blocked-by-us-isps-anytime-soon-171111/

Sci-Hub, often referred to as the “Pirate Bay of Science,” hasn’t had a particularly good run in US courts so far.

Following a $15 million defeat against Elsevier in June, the American Chemical Society won a default judgment of $4.8 million in copyright damages late last week.

In addition, the publisher was granted an unprecedented injunction, requiring various third-party services to stop providing access to the site.

The order specifically mentions domain registrars and hosting companies, but also search engines and ISPs, although only those who are in “active concert or participation” with the site. This order sparked fears that Google, Comcast, and others would be ordered to take action, but that’s not the case.

After the news broke ACS issued a press release clarifying that it would not go after search engines and ISPs when they are not in “active participation” with Sci-Hub. The problem is that this can be interpreted quite broadly, leaving plenty of room for uncertainty.

Luckily, ACS Director Glenn Ruskin was willing to provide more clarity. He stressed that search engines and ISPs won’t be targeted for simply linking users to Sci-Hub. Companies that host the content are a target though.

“The court’s affirmative ruling does not apply to search engines writ large, but only to those entities who have been in active concert or participation with Sci-Hub, such as websites that host ACS content stolen by Sci-Hub,” Ruskin said.

When we asked whether this means that ISPs such as Comcast are not likely to be targeted, the answer was affirmative.

“That is correct, unless the internet service provider has been in active concert or participation with SciHub. Simply linking to SciHub does not rise to be in active concert or participation,” Ruskin clarified.

The above suggests that ACS will go after domain name registrars, hosting companies, and perhaps Cloudflare, but not any further. Still, even if that’s the case there is cause for worry among several digital rights activists.

The Electronic Frontier Foundation believes that these type of orders set a dangerous precedent. The concept of “active concert or participation” should only cover close associates and co-conspirators, not everyone who provides a service to the defendant. Domain registrars and registries have often been compelled to take action in similar cases, but EFF says this goes too far.

“The courts need to limit who can be bound by orders like this one, to prevent them from being abused,” EFF Senior Staff Attorney Mitch Stoltz informs TorrentFreak.

“In particular, domain name registrars and registries shouldn’t be ordered to help take down a website because of a dispute over the site’s contents. That invites others to use the domain name system as a tool for censorship.”

News of the Sci-Hub injunction has sparked controversy and confusion in recent days, not least because Sci-hub.cc became unavailable soon after. Instead of showing the usual search box, visitors now see a “403 Forbidden” error message. On top of that, the bulletproof Tor version of the site also went offline.

The error message indicates that there’s a hosting issue. While it’s easy to conclude that the court’s injunction has something to do with this, that might not necessarily be the case. Sci-Hub’s hosting company isn’t tied to the US and has a history of protecting sites from takedown efforts.

We reached out to Sci-Hub founder Alexandra Elbakyan for comment but we’re yet to receive a response. The site hasn’t posted any relevant updates on its social media pages either.

That said, the site is far from done. In addition to the Tor domain, Sci-Hub has several other backups in place such as Sci-Hub.io and Sci-Hub.ac, which are up and running as usual.

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Dallas Buyers Club Loses Piracy Lawsuit, IP-Address is Not Enough

Post Syndicated from Ernesto original https://torrentfreak.com/dallas-buyers-club-loses-piracy-lawsuit-ip-address-is-not-enough-171110/

In recent years, BitTorrent users around the world have been targeted with threats. They can either pay a significant settlement fee, or face far worse in court.

The scheme started in Germany years ago, and copyright holders later went after alleged pirates in Australia, Denmark, Finland, the UK, US, and elsewhere.

This summer, the copyright holders behind the movie Dallas Buyers Club added Spain to the mix, going after dozens of alleged pirates in Bilbao and San Sebastian. The ‘filmmakers’ are part of a tight group of so-called copyright trolls which are constantly expanding their business to other countries.

While they have had some success, mainly by sending out settlement letters, in Spain the first court case brought bad news.

The Commercial Court of Donostia dismissed the claim against an alleged file-sharer due to a lack of evidence. Dallas Buyers Club identified the infringer through an IP-address, but according to Judge Pedro José Malagón Ruiz, this is not good enough.

“The ruling says that there is no way to know whether the defendant was the P2P user or not, because an IP address only identifies the person who subscribed to the Internet connection, not the user who made use of the connection at a certain moment,” copyright lawyer David Bravo tells TorrentFreak.

“A relative or a guest could have been using the network, or even someone accessing the wifi if it was open,” he adds.

In addition, the Judge agreed with the defense that there is no evidence that the defendant actively made the movie available. This generally requires a form of intent. However, BitTorrent clients automatically share files with others, whether it’s the intention of the user or not.

“The upload of the data from the P2P programs occurs automatically by the program configuration itself. […] This occurs by default without requiring the knowledge or intention of the user,” Judge Malagón Ruiz writes in his verdict, quoted by Genbeta.

In other words, these BitTorrent transfers are not necessarily an act of public communication, therefore, they are not infringing any copyrights.

The case provides hope for other accused file-sharers who are looking to have their cases dismissed as well. Not in the last place because the defense was coordinated online, without active involvement of a lawyer.

Bravo, together with two colleague lawyers, offered self-help forms to accused file-sharers free of charge. Defendants could use these to mount a proper defense, which paid off in this case.

“This ruling sets a precedent,” Bravo tells TorrentFreak, noting that it’s a clear setback for the copyright holders who are involved in these mass file-sharing lawsuits.

While the lawyer cautions that other courts may come to a different conclusion, it appears that Dallas Buyers Club and other copyright trolls will meet some fierce ‘p2p coordinated’ resistance in Spain.

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