Tag Archives: afeat

Banning VPNs and Proxies is Dangerous, IT Experts Warn

Post Syndicated from Andy original https://torrentfreak.com/banning-vpns-and-proxies-is-dangerous-it-experts-warn-170623/

In April, draft legislation was developed to crack down on systems and software that allow Russian Internet users to bypass website blockades approved by telecoms watchdog Roskomnadzor.

Earlier this month the draft bill was submitted to the State Duma, the lower house of the Russian parliament. If passed, the law will make it illegal for services to circumvent web blockades by “routing traffic of Russian Internet users through foreign servers, anonymous proxy servers, virtual private networks and other means.”

As the plans currently stand, anonymization services that fail to restrict access to sites listed by telecoms watchdog Rozcomnadzor face being blocked themselves. Sites offering circumvention software for download also face potential blacklisting.

This week the State Duma discussed the proposals with experts from the local Internet industry. In addition to the head of Rozcomnadzor, representatives from service providers, search engines and even anonymization services were in attendance. Novaya Gazeta has published comments (Russian) from some of the key people at the meeting and it’s fair to say there’s not a lot of support.

VimpelCom, the sixth largest mobile network operator in the world with more than 240 million subscribers, sent along Director for Relations with Government, Sergey Malyanov. He wondered where all this blocking will end up.

“First we banned certain information. Then this information was blocked with the responsibility placed on both owners of resources and services. Now there are blocks on top of blocks – so we already have a triple effort,” he said.

“It is now possible that there will be a fourth iteration: the block on the block to block those that were not blocked. And with that, we have significantly complicated the law and the activities of all the people affected by it.”

Malyanov said that these kinds of actions have the potential to close down the entire Internet by ruining what was once an open network running standard protocols. But amid all of this, will it even be effective?

“The question is not even about the losses that will be incurred by network operators, the owners of the resources and the search engines. The question is whether this bill addresses the goal its creators have set for themselves. In my opinion, it will not.”

Group-IB, one of the world’s leading cyber-security and threat intelligence providers, was represented CEO Ilya Sachkov. He told parliament that “ordinary respectable people” who use the Internet should always use a VPN for security. Nevertheless, he also believes that such services should be forced to filter sites deemed illegal by the state.

But in a warning about blocks in general, he warned that people who want to circumvent them will always be one step ahead.

“We have to understand that by the time the law is adopted the perpetrators will already find it very easy to circumvent,” he said.

Mobile operator giant MTS, which turns over billions of dollars and employs 50,000+ people, had their Vice-President of Corporate and Legal Affairs in attendance. Ruslan Ibragimov said that in dealing with a problem, the government should be cautious of not causing more problems, including disruption of a growing VPN market.

“We have an understanding that evil must be fought, but it’s not necessary to create a new evil, even more so – for those who are involved in this struggle,” he said.

“Broad wording of this law may pose a threat to our network, which could be affected by the new restrictive measures, as well as the VPN market, which we are currently developing, and whose potential market is estimated at 50 billion rubles a year.”

In its goal to maintain control of the Internet, it’s clear that Russia is determined to press ahead with legislative change. Unfortunately, it’s far from clear that there’s a technical solution to the problem, but if one is pursued regardless, there could be serious fallout.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Court Suspends Ban on Roku Sales in Mexico

Post Syndicated from Ernesto original https://torrentfreak.com/court-suspends-ban-on-roku-sales-in-mexico-170623/

Last week, news broke that the Superior Court of Justice of the City of Mexico had issued a ban on Roku sales.

The order prohibited stores such as Amazon, Liverpool, El Palacio de Hierro, and Sears from importing and selling the devices. In addition, several banks were told stop processing payments from accounts that are linked to pirated services on Roku.

While Roku itself is not offering any pirated content, there is a market for third-party pirate channels outside the Roku Channel Store, which turn the boxes into pirate tools. Cablevision filed a complaint about this unauthorized use which eventually resulted in the ban.

The news generated headlines all over the world and was opposed immediately by several of the parties involved. Yesterday, a federal judge decided to suspend the import and sales ban, at least temporarily.

As a result, local vendors can resume their sales of the popular media player.

“Roku is pleased with today’s court decision, which paves the way for sales of Roku devices to resume in Mexico,” Roku’s General Counsel Steve Kay informed TorrentFreak after he heard the news.

Roku

TorrentFreak has not been able to get a copy of the suspension order, but it’s likely that the court wants to review the case in more detail before a final decision is made.

While streaming player piracy is seen as one of the greatest threats the entertainment industry faces today, the Roku ban went quite far. In a way, it would be similar to banning the Chrome browser because certain add-ons and sites allow users to stream pirated movies.

Roku, meanwhile, says it will continue to work with rightholders and other stakeholders to prevent piracy on its platform, to the best of their ability.

“Piracy is a problem the industry at large is facing,” Key tells TorrentFreak.

“We prohibit copyright infringement of any kind on the Roku platform. We actively work to prevent third-parties from using our platform to distribute copyright infringing content. Moreover, we have been actively working with other industry stakeholders on a wide range of anti-piracy initiatives.”

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Sci-Hub Ordered to Pay $15 Million in Piracy Damages

Post Syndicated from Ernesto original https://torrentfreak.com/sci-hub-ordered-to-pay-15-million-in-piracy-damages-170623/

Two years ago, academic publisher Elsevier filed a complaint against Sci-Hub and several related “pirate” sites.

It accused the websites of making academic papers widely available to the public, without permission.

While Sci-Hub is nothing like the average pirate site, it is just as illegal according to Elsevier’s legal team, who obtained a preliminary injunction from a New York District Court last fall.

The injunction ordered Sci-Hub’s founder Alexandra Elbakyan to quit offering access to any Elsevier content. However, this didn’t happen.

Instead of taking Sci-Hub down, the lawsuit achieved the opposite. Sci-Hub grew bigger and bigger up to a point where its users were downloading hundreds of thousands of papers per day.

Although Elbakyan sent a letter to the court earlier, she opted not engage in the US lawsuit any further. The same is true for her fellow defendants, associated with Libgen. As a result, Elsevier asked the court for a default judgment and a permanent injunction which were issued this week.

Following a hearing on Wednesday, the Court awarded Elsevier $15,000,000 in damages, the maximum statutory amount for the 100 copyrighted works that were listed in the complaint. In addition, the injunction, through which Sci-Hub and LibGen lost several domain names, was made permanent.

Sci-Hub founder Alexandra Elbakyan says that even if she wanted to pay the millions of dollars in revenue, she doesn’t have the money to do so.

“The money project received and spent in about six years of its operation do not add up to 15 million,” Elbakyan tells torrentFreak.

“More interesting, Elsevier says: the Sci-Hub activity ’causes irreparable injury to Elsevier, its customers and the public’ and US court agreed. That feels like a perfect crime. If you want to cause an irreparable injury to American public, what do you have to do? Now we know the answer: establish a website where they can read research articles for free,” she adds.

Previously, Elbakyan already confirmed to us that, lawsuit or not, the site is not going anywhere.

“The Sci-Hub will continue as usual. In case of problems with the domain names, users can rely on TOR scihub22266oqcxt.onion,” Elbakyan added.

Sci-Hub is regularly referred to as the “Pirate Bay for science,” and based on the site’s resilience and its response to legal threats, it can certainly live up to this claim.

The Association of American Publishers (AAP) is happy with the outcome of the case.

“As the final judgment shows, the Court has not mistaken illegal activity for a public good,” AAP President and CEO Maria A. Pallante says.

“On the contrary, it has recognized the defendants’ operation for the flagrant and sweeping infringement that it really is and affirmed the critical role of copyright law in furthering scientific research and the public interest.”

Matt McKay, a spokesperson for the International Association of Scientific, Technical and Medical Publishers (STM) in Oxford went even further, telling Nature that the site doesn’t offer any value to the scientific comunity.

“Sci-Hub does not add any value to the scholarly community. It neither fosters scientific advancement nor does it value researchers’ achievements. It is simply a place for someone to go to download stolen content and then leave.”

Hundreds of thousands of academics, who regularly use the site to download papers, might contest this though.

With no real prospect of recouping the damages and an ever-resilient Elbakyan, Elsevier’s legal battle could just be a win on paper. Sci-Hub and Libgen are not going anywhere, it seems, and the lawsuit has made them more popular than ever before.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Kim Dotcom Opposes US’s “Fugitive” Claims at Supreme Court

Post Syndicated from Ernesto original https://torrentfreak.com/kim-dotcom-opposes-uss-fugitive-claims-supreme-court-170622/

megaupload-logoWhen Megaupload and Kim Dotcom were raided five years ago, the authorities seized millions of dollars in cash and other property.

The US government claimed the assets were obtained through copyright crimes so went after the bank accounts, cars, and other seized possessions of the Megaupload defendants.

Kim Dotcom and his colleagues were branded as “fugitives” and the Government won its case. Dotcom’s legal team quickly appealed this verdict, but lost once more at the Fourth Circuit appeals court.

A few weeks ago Dotcom and his former colleagues petitioned the Supreme Court to take on the case.

They don’t see themselves as “fugitives” and want the assets returned. The US Government opposed the request, but according to a new reply filed by Megaupload’s legal team, the US Government ignores critical questions.

The Government has a “vested financial stake” in maintaining the current situation, they write, which allows the authorities to use their “fugitive” claims as an offensive weapon.

“Far from being directed towards persons who have fled or avoided our country while claiming assets in it, fugitive disentitlement is being used offensively to strip foreigners of their assets abroad,” the reply brief (pdf) reads.

According to Dotcom’s lawyers there are several conflicting opinions from lower courts, which should be clarified by the Supreme Court. That Dotcom and his colleagues have decided to fight their extradition in New Zealand, doesn’t warrant the seizure of their assets.

“Absent review, forfeiture of tens of millions of dollars will be a fait accompli without the merits being reached,” they write, adding that this is all the more concerning because the US Government’s criminal case may not be as strong as claimed.

“This is especially disconcerting because the Government’s criminal case is so dubious. When the Government characterizes Petitioners as ‘designing and profiting from a system that facilitated wide-scale copyright infringement,’ it continues to paint a portrait of secondary copyright infringement, which is not a crime.”

The defense team cites several issues that warrant review and urges the Supreme Court to hear the case. If not, the Government will effectively be able to use assets seizures as a pressure tool to urge foreign defendants to come to the US.

“If this stands, the Government can weaponize fugitive disentitlement in order to claim assets abroad,” the reply brief reads.

“It is time for the Court to speak to the Questions Presented. Over the past two decades it has never had a better vehicle to do so, nor is any such vehicle elsewhere in sight,” Dotcom’s lawyers add.

Whether the Supreme Court accepts or denies the case will likely be decided in the weeks to come.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Three Men Sentenced Following £2.5m Internet Piracy Case

Post Syndicated from Andy original https://torrentfreak.com/three-men-sentenced-following-2-5m-internet-piracy-case-170622/

While legal action against low-level individual file-sharers is extremely rare in the UK, the country continues to pose a risk for those engaged in larger-scale infringement.

That is largely due to the activities of the Police Intellectual Property Crime Unit and private anti-piracy outfits such as the Federation Against Copyright Theft (FACT). Investigations are often a joint effort which can take many years to complete, but the outcomes can often involve criminal sentences.

That was the profile of another Internet piracy case that concluded in London this week. It involved three men from the UK, Eric Brooks, 43, from Bolton, Mark Valentine, 44, from Manchester, and Craig Lloyd, 33, from Wolverhampton.

The case began when FACT became aware of potentially infringing activity back in February 2011. The anti-piracy group then investigated for more than a year before handing the case to police in March 2012.

On July 4, 2012, officers from City of London Police arrested Eric Brooks’ at his home in Bolton following a joint raid with FACT. Computer equipment was seized containing evidence that Brooks had been running a Netherlands-based server hosting more than £100,000 worth of pirated films, music, games, software and ebooks.

According to police, a spreadsheet on Brooks’ computer revealed he had hundreds of paying customers, all recruited from online forums. Using PayPal or utilizing bank transfers, each paid money to access the server. Police mentioned no group or site names in information released this week.

“Enquiries with PayPal later revealed that [Brooks] had made in excess of £500,000 in the last eight years from his criminal business and had in turn defrauded the film and TV industry alone of more than £2.5 million,” police said.

“As his criminal enterprise affected not only the film and TV but the wider entertainment industry including music, games, books and software it is thought that he cost the wider industry an amount much higher than £2.5 million.”

On the same day police arrested Brooks, Mark Valentine’s home in Manchester had a similar unwelcome visit. A day later, Craig Lloyd’s home in Wolverhampton become the third target for police.

Computer equipment was seized from both addresses which revealed that the pair had been paying for access to Brooks’ servers in order to service their own customers.

“They too had used PayPal as a means of taking payment and had earned thousands of pounds from their criminal actions; Valentine gaining £34,000 and Lloyd making over £70,000,” police revealed.

But after raiding the trio in 2012, it took more than four years to charge the men. In a feature common to many FACT cases, all three were charged with Conspiracy to Defraud rather than copyright infringement offenses. All three men pleaded guilty before trial.

On Monday, the men were sentenced at Inner London Crown Court. Brooks was sentenced to 24 months in prison, suspended for 12 months and ordered to complete 140 hours of unpaid work.

Valentine and Lloyd were each given 18 months in prison, suspended for 12 months. Each was ordered to complete 80 hours unpaid work.

Detective Constable Chris Glover, who led the investigation for the City of London Police, welcomed the sentencing.

“The success of this investigation is a result of co-ordinated joint working between the City of London Police and FACT. Brooks, Valentine and Lloyd all thought that they were operating under the radar and doing something which they thought was beyond the controls of law enforcement,” Glover said.

“Brooks, Valentine and Lloyd will now have time in prison to reflect on their actions and the result should act as deterrent for anyone else who is enticed by abusing the internet to the detriment of the entertainment industry.”

While even suspended sentences are a serious matter, none of the men will see the inside of a cell if they meet the conditions of their sentence for the next 12 months. For a case lasting four years involving such large sums of money, that is probably a disappointing result for FACT and the police.

Nevertheless, the men won’t be allowed to enjoy the financial proceeds of their piracy, if indeed any money is left. City of London Police say the trio will be subject to a future confiscation hearing to seize any proceeds of crime.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

MPAA & RIAA Demand Tough Copyright Standards in NAFTA Negotiations

Post Syndicated from Andy original https://torrentfreak.com/mpaa-riaa-demand-tough-copyright-standards-in-nafta-negotiations-170621/

The North American Free Trade Agreement (NAFTA) between the United States, Canada, and Mexico was negotiated more than 25 years ago. With a quarter of a decade of developments to contend with, the United States wants to modernize.

“While our economy and U.S. businesses have changed considerably over that period, NAFTA has not,” the government says.

With this in mind, the US requested comments from interested parties seeking direction for negotiation points. With those comments now in, groups like the MPAA and RIAA have been making their positions known. It’s no surprise that intellectual property enforcement is high on the agenda.

“Copyright is the lifeblood of the U.S. motion picture and television industry. As such, MPAA places high priority on securing strong protection and enforcement disciplines in the intellectual property chapters of trade agreements,” the MPAA writes in its submission.

“Strong IPR protection and enforcement are critical trade priorities for the music industry. With IPR, we can create good jobs, make significant contributions to U.S. economic growth and security, invest in artists and their creativity, and drive technological innovation,” the RIAA notes.

While both groups have numerous demands, it’s clear that each seeks an environment where not only infringers can be held liable, but also Internet platforms and services.

For the RIAA, there is a big focus on the so-called ‘Value Gap’, a phenomenon found on user-uploaded content sites like YouTube that are able to offer infringing content while avoiding liability due to Section 512 of the DMCA.

“Today, user-uploaded content services, which have developed sophisticated on-demand music platforms, use this as a shield to avoid licensing music on fair terms like other digital services, claiming they are not legally responsible for the music they distribute on their site,” the RIAA writes.

“Services such as Apple Music, TIDAL, Amazon, and Spotify are forced to compete with services that claim they are not liable for the music they distribute.”

But if sites like YouTube are exercising their rights while acting legally under current US law, how can partners Canada and Mexico do any better? For the RIAA, that can be achieved by holding them to standards envisioned by the group when the DMCA was passed, not how things have panned out since.

Demanding that negotiators “protect the original intent” of safe harbor, the RIAA asks that a “high-level and high-standard service provider liability provision” is pursued. This, the music group says, should only be available to “passive intermediaries without requisite knowledge of the infringement on their platforms, and inapplicable to services actively engaged in communicating to the public.”

In other words, make sure that YouTube and similar sites won’t enjoy the same level of safe harbor protection as they do today.

The RIAA also requires any negotiated safe harbor provisions in NAFTA to be flexible in the event that the DMCA is tightened up in response to the ongoing safe harbor rules study.

In any event, NAFTA should not “support interpretations that no longer reflect today’s digital economy and threaten the future of legitimate and sustainable digital trade,” the RIAA states.

For the MPAA, Section 512 is also perceived as a problem. While noting that the original intent was to foster a system of shared responsibility between copyright owners and service providers, the MPAA says courts have subsequently let copyright holders down. Like the RIAA, the MPAA also suggests that Canada and Mexico can be held to higher standards.

“We recommend a new approach to this important trade policy provision by moving to high-level language that establishes intermediary liability and appropriate limitations on liability. This would be fully consistent with U.S. law and avoid the same misinterpretations by policymakers and courts overseas,” the MPAA writes.

“In so doing, a modernized NAFTA would be consistent with Trade Promotion Authority’s negotiating objective of ‘ensuring that standards of protection and enforcement keep pace with technological developments’.”

The MPAA also has some specific problems with Mexico, including unauthorized camcording. The Hollywood group says that 85 illicit audio and video recordings of films were linked to Mexican theaters in 2016. However, recording is not currently a criminal offense in Mexico.

Another issue for the MPAA is that criminal sanctions for commercial scale infringement are only available if the infringement is for profit.

“This has hampered enforcement against the above-discussed camcording problem but also against online infringement, such as peer-to-peer piracy, that may be on a scale that is immensely harmful to U.S. rightsholders but nonetheless occur without profit by the infringer,” the MPAA writes.

“The modernized NAFTA like other U.S. bilateral free trade agreements must provide for criminal sanctions against commercial scale infringements without proof of profit motive.”

Also of interest are the MPAA’s complaints against Mexico’s telecoms laws. Unlike in the US and many countries in Europe, Mexico’s ISPs are forbidden to hand out their customers’ personal details to rights holders looking to sue. This, the MPAA says, needs to change.

The submissions from the RIAA and MPAA can be found here and here (pdf)

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Court Grants Subpoenas to Unmask ‘TVAddons’ and ‘ZemTV’ Operators

Post Syndicated from Ernesto original https://torrentfreak.com/court-grants-subpoenas-to-unmask-tvaddons-and-zemtv-operators-170621/

Earlier this month we broke the news that third-party Kodi add-on ZemTV and the TVAddons library were being sued in a federal court in Texas.

In a complaint filed by American satellite and broadcast provider Dish Network, both stand accused of copyright infringement, facing up to $150,000 for each offense.

While the allegations are serious, Dish doesn’t know the full identities of the defendants.

To find out more, the company requested a broad range of subpoenas from the court, targeting Amazon, Github, Google, Twitter, Facebook, PayPal, and several hosting providers.

From Dish’s request

This week the court granted the subpoenas, which means that they can be forwarded to the companies in question. Whether that will be enough to identify the people behind ‘TVAddons’ and ‘ZemTV’ remains to be seen, but Dish has cast its net wide.

For example, the subpoena directed at Google covers any type of information that can be used to identify the account holder of [email protected], which is believed to be tied to ZemTV.

The information requested from Google includes IP address logs with session date and timestamps, but also covers “all communications,” including GChat messages from 2014 onwards.

Similarly, Twitter is required to hand over information tied to the accounts of the users “TV Addons” and “shani_08_kodi” as well as other accounts linked to tvaddons.ag and streamingboxes.com. This also applies the various tweets that were sent through the account.

The subpoena specifically mentions “all communications, including ‘tweets’, Twitter sent to or received from each Twitter Account during the time period of February 1, 2014 to present.”

From the Twitter subpoena

Similar subpoenas were granted for the other services, tailored towards the information Dish hopes to find there. For example, the broadcast provider also requests details of each transaction from PayPal, as well as all debits and credits to the accounts.

In some parts, the subpoenas appear to be quite broad. PayPal is asked to reveal information on any account with the credit card statement “Shani,” for example. Similarly, Github is required to hand over information on accounts that are ‘associated’ with the tvaddons.ag domain, which is referenced by many people who are not directly connected to the site.

The service providers in question still have the option to challenge the subpoenas or ask the court for further clarification. A full overview of all the subpoena requests is available here (Exhibit 2 and onwards), including all the relevant details. This also includes several letters to foreign hosting providers.

While Dish still appears to be keen to find out who is behind ‘TVAddons’ and ‘ZemTV,’ not much has been heard from the defendants in question.

ZemTV developer “Shani” shut down his addon soon after the lawsuit was announced, without mentioning it specifically. TVAddons, meanwhile, has been offline for well over a week, without any notice in public about the reason for the prolonged downtime.

The court’s order granting the subpoenas and letters of request is available here (pdf).

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

US Embassy Threatens to Close Domain Registry Over ‘Pirate Bay’ Domain

Post Syndicated from Andy original https://torrentfreak.com/us-embassy-threatens-to-close-domain-registry-over-pirate-bay-domain-170620/

Domains have become an integral part of the piracy wars and no one knows this better than The Pirate Bay.

The site has burned through numerous domains over the years, with copyright holders and authorities successfully pressurizing registries to destabilize the site.

The latest news on this front comes from the Central American country of Costa Rica, where the local domain registry is having problems with the United States government.

The drama is detailed in a letter to ICANN penned by Dr. Pedro León Azofeifa, President of the Costa Rican Academy of Science, which operates NIC Costa Rica, the registry in charge of local .CR domain names.

Azofeifa’s letter is addressed to ICANN board member Thomas Schneider and pulls no punches. It claims that for the past two years the United States Embassy in Costa Rica has been pressuring NIC Costa Rica to take action against a particular domain.

“Since 2015, the United Estates Embassy in Costa Rica, who represents the interests of the United States Department of Commerce, has frequently contacted our organization regarding the domain name thepiratebay.cr,” the letter to ICANN reads.

“These interactions with the United States Embassy have escalated with time and include great pressure since 2016 that is exemplified by several phone calls, emails, and meetings urging our ccTLD to take down the domain, even though this would go against our domain name policies.”

The letter states that following pressure from the US, the Costa Rican Ministry of Commerce carried out an investigation which concluded that not taking down the domain was in line with best practices that only require suspensions following a local court order. That didn’t satisfy the United States though, far from it.

“The representative of the United States Embassy, Mr. Kevin Ludeke, Economic Specialist, who claims to represent the interests of the US Department of
Commerce, has mentioned threats to close our registry, with repeated harassment
regarding our practices and operation policies,” the letter to ICANN reads.

Ludeke is indeed listed on the US Embassy site for Costa Rica. He’s also referenced in a 2008 diplomatic cable leaked previously by Wikileaks. Contacted via email, Ludeke did not immediately respond to TorrentFreak’s request for comment.

Extract from the letter to ICANN

Surprisingly, Azofeifa says the US representative then got personal, making negative comments towards his Executive Director, “based on no clear evidence or statistical data to support his claims, as a way to pressure our organization to take down the domain name without following our current policies.”

Citing the Tunis Agenda for the Information Society of 2005, Azofeifa asserts that “policy authority for Internet-related public policy issues is the sovereign right of the States,” which in Costa Rica’s case means that there must be “a final judgment from the Courts of Justice of the Republic of Costa Rica” before the registry will suspend a domain.

But it seems legal action was not the preferred route of the US Embassy. Demanding that NIC Costa Rica take unilateral action, Mr. Ludeke continued with “pressure and harassment to take down the domain name without its proper process and local court order.”

Azofeifa’s letter to ICANN, which is cc’d to Stafford Fitzgerald Haney, United States Ambassador to Costa Rica and various people in the Costa Rican Ministry of Commerce, concludes with a request for suggestions on how to deal with the matter.

While the response should prove very interesting, none of the parties involved appear to have noticed that ThePirateBay.cr isn’t officially connected to The Pirate Bay

The domain and associated site appeared in the wake of the December 2014 shut down of The Pirate Bay, claiming to be the real deal and even going as far as making fake accounts in the names of famous ‘pirate’ groups including ettv and YIFY.

Today it acts as an unofficial and unaffiliated reverse proxy to The Pirate Bay while presenting the site’s content as its own. It’s also affiliated with a fake KickassTorrents site, Kickass.cd, which to this day claims that it’s a reincarnation of the defunct torrent giant.

But perhaps the most glaring issue in this worrying case is the apparent willingness of the United States to call out Costa Rica for not doing anything about a .CR domain run by third parties, when the real Pirate Bay’s .org domain is under United States’ jurisdiction.

Registered by the Public Interest Registry in Reston, Virginia, ThePirateBay.org is the famous site’s main domain. TorrentFreak asked PIR if anyone from the US government had ever requested action against the domain but at the time of publication, we had received no response.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Internet Provider Refutes RIAA’s Piracy Allegations

Post Syndicated from Ernesto original https://torrentfreak.com/internet-provider-refutes-riaas-piracy-allegations-170620/

For more than a decade copyright holders have been sending ISPs takedown notices to alert them that their subscribers are sharing copyrighted material.

Under US law, providers have to terminate the accounts of repeat infringers “in appropriate circumstances” and increasingly they are being held to this standard.

Earlier this year several major record labels, represented by the RIAA, filed a lawsuit in a Texas District Court, accusing ISP Grande Communications of failing to take action against its pirating subscribers.

“Despite their knowledge of repeat infringements, Defendants have permitted repeat infringers to use the Grande service to continue to infringe Plaintiffs’ copyrights without consequence,” the RIAA’s complaint read.

Grande and its management consulting firm Patriot, which was also sued, both disagree and have filed a motion to dismiss at the court this week. Grande argues that it doesn’t encourage any of its customers to download copyrighted works, and that it has no control over the content subscribers access.

The Internet provider doesn’t deny that it has received millions of takedown notices through the piracy tracking company Rightscorp. However, it believes that these notices are flawed as Rightscorp is incapable of monitoring actual copyright infringements.

“These notices are so numerous and so lacking in specificity, that it is infeasible for Grande to devote the time and resources required to meaningfully investigate them. Moreover, the system that Rightscorp employs to generate its notices is incapable of detecting actual infringement and, therefore, is incapable of generating notices that reflect real infringement,” Grande writes.

Grande says that if they acted on these notices without additional proof, its subscribers could lose their Internet access even though they are using it for legal purposes.

“To merely treat these allegations as true without investigation would be a disservice to Grande’s subscribers, who would run the risk of having their Internet service permanently terminated despite using Grande’s services for completely legitimate purposes.”

Even if the notices were able to prove actual infringement, they would still fail to identify the infringer, according to the ISP. The notices identify IP-addresses which may have been used by complete strangers, who connected to the network without permission.

The Internet provider admits that online copyright infringement is a real problem. But, they see themselves as a victim of this problem, not a perpetrator, as the record labels suggest.

“Grande does not profit or receive any benefit from subscribers that may engage in such infringing activity using its network. To the contrary, Grande suffers demonstrable losses as a direct result of purported copyright infringement conducted on its network.

“To hold Grande liable for copyright infringement simply because ‘something must be done’ to address this growing problem is to hold the wrong party accountable,” Grande adds.

In common with the previous case against Cox Communications, Rightscorp’s copyright infringement notices are once again at the center of a prominent lawsuit. According to Grande, Rightscorp’s system can’t prove that infringing content was actually downloaded by third parties, only that it was made available.

The Internet provider sees the lacking infringement notices as a linchpin that, if pulled, will take the entire case down.

It’s expected that, if the case moves forward, both parties will do all they can to show that the evidence is sufficient, or not. In the Cox lawsuit, this was the case, but that verdict is currently being appealed.

Grande Communication’s full motion to dismiss is avalaible here (pdf).

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Roku Sales Banned in Mexico Over Piracy Concerns

Post Syndicated from Ernesto original https://torrentfreak.com/roku-sales-banned-in-mexico-over-piracy-concerns-170619/

Online streaming piracy is on the rise and many people use dedicated media players to watch it through their regular TV.

While a lot of attention has been on Kodi, there are other players on the market that allow people to do the same. Roku, for example, has been doing very well too.

Like Kodi, Roku media players don’t offer any pirated content out of the box. In fact, they can be hooked up to a wide variety of legal streaming options including HBO Go, Hulu, and Netflix. Still, there is also a market for third-party pirate channels, outside the Roku Channel Store, which turn the boxes into pirate tools.

This pirate angle has now resulted in a ban on Roku sales in Mexico, according to a report in Milenio.

The ban was issued by the Superior Court of Justice of the City of Mexico, following a complaint from Cablevision. The order in question prohibits stores such as Amazon, Liverpool, El Palacio de Hierro, and Sears from importing and selling the devices.

In addition, the court also instructs banks including Banorte and BBVA Bancomer to stop processing payments from a long list of accounts linked to pirated services on Roku.

The main reason for the order is the availability of pirated content through Roku, but banning the device itself is utterly comprehensive. It would be similar to banning all Android-based devices because certain apps allow users to stream copyrighted content without permission.

Roku

Roku has yet to release an official statement on the court order. TorrentFreak reached out to the company but hadn’t heard back at the time of publication.

It’s clear, however, that streaming players are among the top concerns for copyright holders. Motion Picture Association boss Stan McCoy recently characterized the use of streaming players to access infringing content as “Piracy 3.0.

“If you think of old-fashioned peer-to-peer piracy as 1.0, and then online illegal streaming websites as 2.0, in the audio-visual sector, in particular, we now face challenge number 3.0, which is what I’ll call the challenge of illegal streaming devices,” McCoy said earlier this month.

Unlike the court order in Mexico, however, McCoy stressed that the devices themselves, and software such as Kodi, are ‘probably’ not illegal. However, copyright-infringing pirate add-ons have the capability to turn them into an unprecedented piracy threat.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

BPI Breaks Record After Sending 310 Million Google Takedowns

Post Syndicated from Andy original https://torrentfreak.com/bpi-breaks-record-after-sending-310-million-google-takedowns-170619/

A little over a year ago during March 2016, music industry group BPI reached an important milestone. After years of sending takedown notices to Google, the group burst through the 200 million URL barrier.

The fact that it took BPI several years to reach its 200 million milestone made the surpassing of the quarter billion milestone a few months later even more remarkable. In October 2016, the group sent its 250 millionth takedown to Google, a figure that nearly doubled when accounting for notices sent to Microsoft’s Bing.

But despite the volumes, the battle hadn’t been won, let alone the war. The BPI’s takedown machine continued to run at a remarkable rate, churning out millions more notices per week.

As a result, yet another new milestone was reached this month when the BPI smashed through the 300 million URL barrier. Then, days later, a further 10 million were added, with the latter couple of million added during the time it took to put this piece together.

BPI takedown notices, as reported by Google

While demanding that Google places greater emphasis on its de-ranking of ‘pirate’ sites, the BPI has called again and again for a “notice and stay down” regime, to ensure that content taken down by the search engine doesn’t simply reappear under a new URL. It’s a position BPI maintains today.

“The battle would be a whole lot easier if intermediaries played fair,” a BPI spokesperson informs TF.

“They need to take more proactive responsibility to reduce infringing content that appears on their platform, and, where we expressly notify infringing content to them, to ensure that they do not only take it down, but also keep it down.”

The long-standing suggestion is that the volume of takedown notices sent would reduce if a “take down, stay down” regime was implemented. The BPI says it’s difficult to present a precise figure but infringing content has a tendency to reappear, both in search engines and on hosting sites.

“Google rejects repeat notices for the same URL. But illegal content reappears as it is re-indexed by Google. As to the sites that actually host the content, the vast majority of notices sent to them could be avoided if they implemented take-down & stay-down,” BPI says.

The fact that the BPI has added 60 million more takedowns since the quarter billion milestone a few months ago is quite remarkable, particularly since there appears to be little slowdown from month to month. However, the numbers have grown so huge that 310 billion now feels a lot like 250 million, with just a few added on top for good measure.

That an extra 60 million takedowns can almost be dismissed as a handful is an indication of just how massive the issue is online. While pirates always welcome an abundance of links to juicy content, it’s no surprise that groups like the BPI are seeking more comprehensive and sustainable solutions.

Previously, it was hoped that the Digital Economy Bill would provide some relief, hopefully via government intervention and the imposition of a search engine Code of Practice. In the event, however, all pressure on search engines was removed from the legislation after a separate voluntary agreement was reached.

All parties agreed that the voluntary code should come into effect two weeks ago on June 1 so it seems likely that some effects should be noticeable in the near future. But the BPI says it’s still early days and there’s more work to be done.

“BPI has been working productively with search engines since the voluntary code was agreed to understand how search engines approach the problem, but also what changes can and have been made and how results can be improved,” the group explains.

“The first stage is to benchmark where we are and to assess the impact of the changes search engines have made so far. This will hopefully be completed soon, then we will have better information of the current picture and from that we hope to work together to continue to improve search for rights owners and consumers.”

With more takedown notices in the pipeline not yet publicly reported by Google, the BPI informs TF that it has now notified the search giant of 315 million links to illegal content.

“That’s an astonishing number. More than 1 in 10 of the entire world’s notices to Google come from BPI. This year alone, one in every three notices sent to Google from BPI is for independent record label repertoire,” BPI concludes.

While it’s clear that groups like BPI have developed systems to cope with the huge numbers of takedown notices required in today’s environment, it’s clear that few rightsholders are happy with the status quo. With that in mind, the fight will continue, until search engines are forced into compromise. Considering the implications, that could only appear on a very distant horizon.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

The Pirate Bay Isn’t Affected By Adverse Court Rulings – Everyone Else Is

Post Syndicated from Andy original https://torrentfreak.com/the-pirate-bay-isnt-affected-by-adverse-court-rulings-everyone-else-is-170618/

For more than a decade The Pirate Bay has been the world’s most controversial site. Delivering huge quantities of copyrighted content to the masses, the platform is revered and reviled across the copyright spectrum.

Its reputation is one of a defiant Internet swashbuckler, but due to changes in how the site has been run in more recent times, its current philosophy is more difficult to gauge. What has never been in doubt, however, is the site’s original intent to be as provocative as possible.

Through endless publicity stunts, some real, some just for the ‘lulz’, The Pirate Bay managed to attract a massive audience, all while incurring the wrath of every major copyright holder in the world.

Make no mistake, they all queued up to strike back, but every subsequent rightsholder action was met by a Pirate Bay middle finger, two fingers, or chin flick, depending on the mood of the day. This only served to further delight the masses, who happily spread the word while keeping their torrents flowing.

This vicious circle of being targeted by the entertainment industries, mocking them, and then reaping the traffic benefits, developed into the cheapest long-term marketing campaign the Internet had ever seen. But nothing is ever truly for free and there have been consequences.

After taunting Hollywood and the music industry with its refusals to capitulate, endless legal action that the site would have ordinarily been forced to participate in largely took place without The Pirate Bay being present. It doesn’t take a law degree to work out what happened in each and every one of those cases, whatever complex route they took through the legal system. No defense, no win.

For example, the web-blocking phenomenon across the UK, Europe, Asia and Australia was driven by the site’s absolute resilience and although there would clearly have been other scapegoats had The Pirate Bay disappeared, the site was the ideal bogeyman the copyright lobby required to move forward.

Filing blocking lawsuits while bringing hosts, advertisers, and ISPs on board for anti-piracy initiatives were also made easier with the ‘evil’ Pirate Bay still online. Immune from every anti-piracy technique under the sun, the existence of the platform in the face of all onslaughts only strengthened the cases of those arguing for even more drastic measures.

Over a decade, this has meant a significant tightening of the sharing and streaming climate. Without any big legislative changes but plenty of case law against The Pirate Bay, web-blocking is now a walk in the park, ad hoc domain seizures are a fairly regular occurrence, and few companies want to host sharing sites. Advertisers and brands are also hesitant over where they place their ads. It’s a very different world to the one of 10 years ago.

While it would be wrong to attribute every tightening of the noose to the actions of The Pirate Bay, there’s little doubt that the site and its chaotic image played a huge role in where copyright enforcement is today. The platform set out to provoke and succeeded in every way possible, gaining supporters in their millions. It could also be argued it kicked a hole in a hornets’ nest, releasing the hell inside.

But perhaps the site’s most amazing achievement is the way it has managed to stay online, despite all the turmoil.

This week yet another ruling, this time from the powerful European Court of Justice, found that by offering links in the manner it does, The Pirate Bay and other sites are liable for communicating copyright works to the public. Of course, this prompted the usual swathe of articles claiming that this could be the final nail in the site’s coffin.

Wrong.

In common with every ruling, legal defeat, and legislative restriction put in place due to the site’s activities, this week’s decision from the ECJ will have zero effect on the Pirate Bay’s availability. For right or wrong, the site was breaking the law long before this ruling and will continue to do so until it decides otherwise.

What we have instead is a further tightened legal landscape that will have a lasting effect on everything BUT the site, including weaker torrent sites, Internet users, and user-uploaded content sites such as YouTube.

With The Pirate Bay carrying on regardless, that is nothing short of remarkable.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Disney Asks Google to Remove Its Own (Invisible) Takedown Notices

Post Syndicated from Ernesto original https://torrentfreak.com/disney-asks-google-to-remove-its-own-invisible-takedown-notices-170618/

Pretty much every major copyright holder regularly reports infringing links to Google, hoping to decrease the visibility of pirated files.

Over the past several years, the search engine has had to remove more than two billion links and most of these requests have been neatly archived in the Lumen database.

Walt Disney Company is no stranger to these takedown efforts. The company has sent over 20 million takedown requests to the search engine, covering a wide variety of content. All of these notices are listed in Google’s transparency report, and copies are available at Lumen.

While this is nothing new, we recently noticed that Disney doesn’t stop at reporting direct links to traditional “pirate” sites. In fact, they recently targeted one of their own takedown notices in the Lumen database, which was sent on behalf of its daughter company Lucasfilm.

In the notice below, the media giant wants Google to remove a links to a copy of its own takedown notice, claiming that it infringes the copyright of the blockbuster “Star Wars: The Force Awakens.”

Disney vs. Disney?

This is not the first time that a company has engaged in this type of meta-censorship, it appears.

However, it’s all the more relevant this week after a German court decided that Google can be ordered to stop linking to its own takedown notices. While that suggests that Disney was right to ask for its own link to be removed, the reality is a bit more complex.

When it was still known as ChillingEffects, the Lumen Database instructed Google not to index any takedown notices. And indeed, searching for copies of takedown notices yields no result. This means that Disney asked Google to remove a search result that doesn’t exist.

Perhaps things are different in a galaxy far, far away, but Disney’s takedown notice is not only self-censorship but also entirely pointless.

Disney might be better off focusing on content that Google has actually indexed, instead of going after imaginary threats. Or put in the words of Gold Five: “Stay on Target,” Disney..

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Comodo DNS Blocks TorrentFreak Over “Hacking and Warez “

Post Syndicated from Ernesto original https://torrentfreak.com/comodo-dns-blocks-torrentfreak-over-hacking-and-warez-170617/

Website blocking has become one of the go-to methods for reducing online copyright infringement.

In addition to court-ordered blockades, various commercial vendors also offer a broad range of blocking tools. This includes Comodo, which offers a free DNS service that keeps people away from dangerous sites.

The service labeled SecureDNS is part of the Comodo Internet Security bundle but can be used by the general public as well, without charge. Just change the DNS settings on your computer or any other device, and you’re ready to go.

“As a leading provider of computer security solutions, Comodo is keenly aware of the dangers that plague the Internet today. SecureDNS helps users keep safe online with its malware domain filtering feature,” the company explains.

Aside from malware and spyware, Comodo also blocks access to sites that offer access to pirated content. Or put differently, they try to do this. But it’s easier said than done.

This week we were alerted to the fact that Comodo blocks direct access to TorrentFreak. Those who try to access our news site get an ominous warning instead, suggesting that we might share pirated content.

“This website has been blocked temporarily because of the following reason(s): Hacking/Warez: Site may offer illegal sharing of copyrighted software or media,” the warning reads, adding that several users also reported the site to be unsafe.

TorrentFreak blocked

People can still access the site by clicking on a big red cross, although that’s something Comodo doesn’t recommend. However, it is quite clear that new readers will be pretty spooked by the alarming message.

We assume that TorrentFreak was added to Comodo’s blocklist by mistake. And while mistakes can happen everywhere, this once again show that overblocking is a serious concern.

We are lucky enough that readers alerted us to the problem, but in other cases, it could easily go unnoticed.

Interestingly, the ‘piracy’ blocklist is not as stringent as the above would suggest. While we replicated the issue, we also checked several other known ‘pirate’ sites including The Pirate Bay, RARBG, GoMovies, and Pubfilm. These could all be accessed through SecureDNS without any warning.

TorrentFreak contacted Comodo for a comment on their curious blocking efforts, but we have yet to hear back from the company. In the meantime, Comodo SecureDNS users may want to consider switching to a more open DNS provider.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

“Kodi Boxes Are a Fire Risk”: Awful Timing or Opportunism?

Post Syndicated from Andy original https://torrentfreak.com/kodi-boxes-are-a-fire-risk-awful-timing-or-opportunism-170618/

Anyone who saw the pictures this week couldn’t have failed to be moved by the plight of Londoners caught up in the Grenfell Tower inferno. The apocalyptic images are likely to stay with people for years to come and the scars for those involved may never heal.

As the building continued to smolder and the death toll increased, UK tabloids provided wall-to-wall coverage of the disaster. On Thursday, however, The Sun took a short break to put out yet another sensationalized story about Kodi. Given the week’s events, it was bound to raise eyebrows.

“HOT GOODS: Kodi boxes are a fire hazard because thousands of IPTV devices nabbed by customs ‘failed UK electrical standards’,” the headline reads.

Another sensational ‘Kodi’ headline

“It’s estimated that thousands of Brits have bought so-called Kodi boxes which can be connected to telly sets to stream pay-per-view sport and films for free,” the piece continued.

“But they could be a fire hazard, according to the Federation Against Copyright Theft (FACT), which has been nabbing huge deliveries of the devices as they arrive in the UK.”

As the image below shows, “Kodi box” fire hazard claims appeared next to images from other news articles about the huge London fire. While all separate stories, the pairing is not a great look.

A ‘Kodi Box’, as depicted in The Sun

FACT chief executive Kieron Sharp told The Sun that his group had uncovered two parcels of 2,000 ‘Kodi’ boxes and found that they “failed electrical safety standards”, making them potentially dangerous. While that may well be the case, the big question is all about timing.

It’s FACT’s job to reduce copyright infringement on behalf of clients such as The Premier League so it’s no surprise that they’re making a sustained effort to deter the public from buying these devices. That being said, it can’t have escaped FACT or The Sun that fire and death are extremely sensitive topics this week.

That leaves us with a few options including unfortunate opportunism or perhaps terrible timing, but let’s give the benefit of the doubt for a moment.

There’s a good argument that FACT and The Sun brought a valid issue to the public’s attention at a time when fire safety is on everyone’s lips. So, to give credit where it’s due, providing people with a heads-up about potentially dangerous devices is something that most people would welcome.

However, it’s difficult to offer congratulations on the PSA when the story as it appears in The Sun does nothing – absolutely nothing – to help people stay safe.

If some boxes are a risk (and that’s certainly likely given the level of Far East imports coming into the UK) which ones are dangerous? Where were they manufactured? Who sold them? What are the serial numbers? Which devices do people need to get out of their houses?

Sadly, none of these questions were answered or even addressed in the article, making it little more than scaremongering. Only making matters worse, the piece notes that it isn’t even clear how many of the seized devices are indeed a fire risk and that more tests need to be done. Is this how we should tackle such an important issue during an extremely sensitive week?

Timing and lack of useful information aside, one then has to question the terminology employed in the article.

As a piece of computer software, Kodi cannot catch fire. So, what we’re actually talking about here is small computers coming into the country without passing safety checks. The presence of Kodi on the devices – if indeed Kodi was even installed pre-import – is absolutely irrelevant.

Anti-piracy groups warning people of the dangers associated with their piracy habits is nothing new. For years, Internet users have been told that their computers will become malware infested if they share files or stream infringing content. While in some cases that may be true, there’s rarely any effort by those delivering the warnings to inform people on how to stay safe.

A classic example can be found in the numerous reports put out by the Digital Citizens Alliance in the United States. The DCA has produced several and no doubt expensive reports which claim to highlight the risks Internet users are exposed to on ‘pirate’ sites.

The DCA claims to do this in the interests of consumers but the group offers no practical advice on staying safe nor does it provide consumers with risk reduction strategies. Like many high-level ‘drug prevention’ documents shuffled around government, it could be argued that on a ‘street’ level their reports are next to useless.

Demonizing piracy is a well-worn and well-understood strategy but if warnings are to be interpreted as representing genuine concern for the welfare of people, they have to be a lot more substantial than mere scaremongering.

Anyone concerned about potentially dangerous devices can check out these useful guides from Electrical Safety First (pdf) and the Electrical Safety Council (pdf)

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Alleged KickassTorrents Owner Considers ‘Voluntary Surrender’ to the US

Post Syndicated from Ernesto original https://torrentfreak.com/alleged-kickasstorrents-owner-considers-voluntary-surrender-to-the-us-170616/

Earlier this year a Polish court ruled that Artem Vaulin, the alleged owner of the defunct torrent site KickassTorrents, can be extradited to the United States.

The decision came as a disappointment to the defense team, which quickly announced an appeal.

Vaulin has since been released on bail and currently resides in a Warsaw apartment. His release has made it easier to communicate with his attorneys in the United States, who have started negotiations with the US Government.

While the extradition appeal is still ongoing, it now appears that under the right conditions Vaulin might consider traveling to the United States voluntarily, so he can “resolve” the pending charges.

This is what the defense team states in a motion for a status conference (pdf), which was submitted earlier this week.

“Mr. Vaulin and his counsel in the United States recently have engaged in discussions with the government to determine if the parties can resolve this matter, or at least certain significant issues,” Vaulin’s legal team writes.

This includes “…issues relating to the proper calculation of the sentencing guidelines and/or the possibility of an agreement for bond should Mr. Vaulin decide to voluntarily surrender to the United States authorities and appear before this Court to resolve the pending charges.”

While the alleged KickassTorrents operator would be open to a voluntary “surrender,” he probably wants several guarantees before that happens. TorrentFreak reached out to the defense team for more information, but they preferred not to comment on ongoing negotiations.

Previously, Megaupload’s Kim Dotcom made a similar offer in his criminal case, requesting living expenses and a fair trial. The US Government never took him up on this offer, it appears, as Dotcom still resides in New Zealand.

In Vaulin’s case, the defense previously submitted a motion to dismiss some or all of the charges in the indictment, and they hope a ruling on this will bring more clarity soon. With the requested status conference, both parties will at least be able to update the court on various procedural issues

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Court Orders Google to Remove Links to Takedown Notice

Post Syndicated from Ernesto original https://torrentfreak.com/court-orders-google-to-remove-links-to-takedown-notice-170616/

On an average day Google processes more than three million takedown notices from copyright holders, and that’s for its search engine alone.

Thanks to Google’s transparency report, the public is able to see where these notices come from and what content they’re targeting. In addition, Google partners with Lumen to post copies of most notices online.

Founded by Harvard’s Berkman Center, Lumen is one of the few tools that helps to keep copyright holders accountable, while offering an invaluable database for researchers and the public in general.

However, not everyone is pleased with the service. Many copyright holders find it unfair that Google still indirectly links to the infringing URLs, because the search results point people to the takedown notice on Lumen, where these are listed in public.

Google linking to a standard DMCA notice

In Germany, a similar complaint was at the center of a lawsuit. A local company found that when people entered its name into the search engine combined with the term ‘suspected fraud’ (Betrugsverdacht), several search results would appear suggesting that the two were linked.

Since making false claims against companies is not allowed in Germany, the company wanted the results removed. The court agreed with this assessment and ordered Google to take action, which it did. However, after removing the results, Google added a mention at the bottom of the results pointing users to the takedown request on Lumen.

“As a reaction to a legal request that was sent to Google, we have removed one search result. You can find further information at LumenDatabase.org,” Google noted, with a link.

The company wasn’t happy with this and wanted Google to remove this mention, since it indirectly linked to the offensive URLs. After a lower court first sided with Google, the Higher Regional Court of Munich has now ordered (pdf) the search engine to remove the link to the Lumen notice.

Mirko Brüß, a lawyer and expert on German copyright law, wrote a detailed overview of the case in question on IPKAT explaining the court’s reasoning.

“By presenting its users an explanation about the deleted search result, combined with a hyperlink to the Lumen website where the deleted search result could be clicked, Google (still) enabled users to find and read the infringing statements, even after being ordered by a court to discontinue doing so,” he notes.

“The court found that it made no difference whether one or two clicks are needed to get to the result,” Brüß adds.

Lumen

While the order only refers to the link at the bottom of the search results, it may also apply to the transparency report itself, Brüß informs TorrentFreak.

It will be interesting to see if copyright holders will use similar means to ensure that Google stops linking to copies of their takedown notices. That would seriously obstruct Google’s well-intentioned transparency efforts, but thus far this hasn’t happened.

Finally, it is worth noting that Google doesn’t index the takedown notices from Lumen itself. Links to takedown notices are only added to search results where content has been removed, either by court order or following a DMCA request.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Pirates Cost Australia’s Ten Network “Hundreds of Millions of Dollars”

Post Syndicated from Andy original https://torrentfreak.com/pirates-cost-australias-ten-network-hundreds-of-millions-of-dollars-170616/

In 2016, Australia’s Ten Network posted losses of AUS$157 million. This April, the broadcaster showed signs of continuing distress when it posted a half-year loss of AUS$232 million.

In a statement to the stock exchange, Ten said it was trying to secure new terms for a AUS$200 million debt financing guarantee. According to ABC, the company had lost more than 60% of its value in the preceding 12 months and almost 98% over the previous five years.

More bad news arrived this week when Ten’s board decided to put the company into voluntary administration after failing to secure a guarantee for a AUS$250 million loan that could’ve kept the ship afloat into the new year. As moves get underway to secure the company’s future, fingers of blame are being raised.

According to Village Roadshow co-chief executive Graham Burke, Internet pirates cost Ten “hundreds of millions of dollars” in advertising revenue due to their tendency to obtain movies and TV shows from the web rather than via legitimate means.

Burke told The Australian (paywall) that movies supplied to Ten by 21st Century Fox (including The Revenant and The Peanuts Movie which were both leaked) had received lower broadcast ratings due to people viewing them online in advance.

“Piracy is a much bigger channel and an illicit economy than the three main commercial networks combined,” Burke told the publication.

“Movies from Fox arrive with several million people having seen them through piracy. If it wasn’t for piracy, the ratings would be stronger and the product would not be arriving clapped out.”

But leaked or not, content doesn’t come cheap. As part of efforts to remain afloat, Ten Network recently tried to re-negotiate content supply deals with Fox and CBS. Together they reportedly cost the broadcaster more than AUS$900 million over the previous six years.

Despite this massive price tag and numerous other problems engulfing the troubled company, Burke suggests it is pirates that are to blame for Ten’s demise.

“A large part of Ten’s expenditure is on movies and they are being seen by millions of people ­illegitimately on websites supported by rogue ­advertising for drugs, prostitution and even legitimate advertising. The cumulative effect of all the ­pirated product out there has brought down Ten,” Burke said.

While piracy has certainly been blamed for a lot of things over the years, it is extremely rare for a senior industry figure to link it so closely with the potential demise of a major broadcaster.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Pirate Bay Ruling is Bad News For Google & YouTube, Experts Says

Post Syndicated from Andy original https://torrentfreak.com/pirate-bay-ruling-is-bad-news-for-google-youtube-experts-says-170615/

After years of legal wrangling, yesterday the European Court of Justice handed down a decision in the case between Dutch anti-piracy outfit BREIN and ISPs Ziggo and XS4ALL.

BREIN had demanded that the ISPs block The Pirate Bay, but both providers dug in their heels, forcing the case through the Supreme Court and eventually the ECJ.

For BREIN, yesterday’s decision will have been worth the wait. Although The Pirate Bay does not provide the content that’s ultimately downloaded and shared by its users, the ECJ said that it plays an important role in how that content is presented.

“Whilst it accepts that the works in question are placed online by the users, the Court highlights the fact that the operators of the platform play an essential role in making those works available,” the Court said.

With that established the all-important matter is whether by providing such a platform, the operators of The Pirate Bay are effectively engaging in a “communication to the public” of copyrighted works. According to the ECJ, that’s indeed the case.

“The Court holds that the making available and management of an online sharing platform must be considered to be an act of communication for the purposes of the directive,” the ECJ said.

Add into the mix that The Pirate Bay generates profit from its activities and there’s a potent case for copyright liability.

While the case was about The Pirate Bay, ECJ rulings tend to have an effect far beyond individual cases. That’s certainly the opinion of Enzo Mazza, chief at Italian anti-piracy group FIMI.

“The ruling will have a major impact on the way that entities like Google operate, because it will expose them to a greater and more direct responsibility,” Mazza told La Repubblica.

“So far, Google has worked against piracy by eliminating illegal content after it gets reported. But that is not enough. It is a fairly ineffective intervention.”

Mazza says that platforms like Google, YouTube, and thousands of similar sites that help to organize and curate user-uploaded content are somewhat similar to The Pirate Bay. In any event, they are not neutral intermediaries, he insists.

The conclusion that the decision is bad for platforms like YouTube is shared by Fulvio Sarzana, a lawyer with Sarzana and Partners, a law firm specializing in Internet and copyright disputes.

“In the ruling, the Court has in fact attributed, for the first time, secondary liability to sharing platforms due to the violation of copyrights carried out by the users of a platform,” Sarzana informs TF.

“This will have consequences for video-sharing platforms and user-generated content sites like YouTube, but it excludes responsibility for platforms that play a purely passive role, without affecting users’ content. This the case with cyberlockers, for example.”

Sarzana says that “unfortunate judgments” like this should be expected, until the approval of a new European copyright law. Enzo Mazza, on the other hand, feels that the copyright reform debate should take account of this ruling when formulating legislation to stop platforms like YouTube exploiting copyright works without an appropriate license.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

ISP Doesn’t Have to Expose Alleged BitTorrent Pirates, Finnish Court Rules

Post Syndicated from Ernesto original https://torrentfreak.com/isp-doesnt-have-to-expose-alleged-bittorrent-pirates-finnish-court-rules-170615/

finlandStarting three years ago, copyright holders began sending out thousands of settlement letters to alleged pirates in Finland, a practice often described as copyright trolling.

This week, however, the local Market Court has put the brakes on these efforts, with a rather significant ruling.

In the case in question, filmmakers requested the personal information of hundreds of alleged BitTorrent users from Internet provider DNA. However, after a careful review by a panel of seven judges, the Court decided not to grant the request.

The rightsholders provided a detailed log from a BitTorrent monitoring tool as evidence. While the Court didn’t doubt that the pirated material had been shared, it questioned how significant the infringements were.

The provided list of IP-addresses and timestamps don’t show how much data was shared, or for how long.

The evidence included an overview of the total number of users sharing the same file in a single BitTorrent swarm. However, the fact that thousands of people were sharing the same file says nothing about the significance of individual infringements.

“[T]he applicant has not claimed or provided any explanation that would indicate that the distribution of its work, by an IP address in the application, would have repeatedly occurred or for a longer period of time,” the Market Court writes.

The verdict, first reported by Iltalethi, refers to a recent case in the European Court of Justice, and stressed that the significance of an infringement must be weighed against the defendants’ privacy rights. In this case, the court decided that the evidence doesn’t warrant the exposure of the alleged pirates.

“Since the applicant has not provided sufficient proof of compliance with the conditions set out in Article 60a of the Copyright Act to adoption of an application, the application must be dismissed,” the Market Court writes.

The outcome is a clear victory for the accused BitTorrent users. Time will tell whether rightsholders will adapt their evidence to the ruling, or whether they will test their luck elsewhere. The current ruling can still be appealed.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.