Tag Archives: Anti-Piracy

Belgium Wants to Blacklist Pirate Sites & Hijack Their Traffic

Post Syndicated from Andy original https://torrentfreak.com/belgium-wants-to-blacklist-pirate-sites-hijack-their-traffic-170924/

The thorny issue of how to deal with the online piracy phenomenon used to be focused on punishing site users. Over time, enforcement action progressed to the services themselves, until they became both too resilient and prevalent to tackle effectively.

In Europe in particular, there’s now a trend of isolating torrent, streaming, and hosting platforms from their users. This is mainly achieved by website blocking carried out by local ISPs following an appropriate court order.

While the UK is perhaps best known for this kind of action, Belgium was one of the early pioneers of the practice.

After filing a lawsuit in 2010, the Belgian Anti-Piracy Foundation (BAF) weathered an early defeat at the Antwerp Commercial Court to achieve success at the Court of Appeal. Since then, local ISPs have been forced to block The Pirate Bay.

Since then there have been several efforts (1,2) to block more sites but rightsholders have complained that the process is too costly, lengthy, and cumbersome. Now the government is stepping in to do something about it.

Local media reports that Deputy Prime Minister Kris Peeters has drafted new proposals to tackle online piracy. In his role as Minister of Economy and Employment, Peeters sees authorities urgently tackling pirate sites with a range of new measures.

For starters, he wants to create a new department, formed within the FPS Economy, to oversee the fight against online infringement. The department would be tasked with detecting pirate sites more quickly and rendering them inaccessible in Belgium, along with any associated mirror sites or proxies.

Peeters wants the new department to add all blocked sites to a national ‘pirate blacklist. Interestingly, when Internet users try to access any of these sites, he wants them to be automatically diverted to legal sites where a fee will have to be paid for content.

While it’s not unusual to try and direct users away from pirate sites, for the most part Internet service providers have been somewhat reluctant to divert subscribers to commercial sites. Their assistance would be needed in this respect, so it will be interesting to see how negotiations pan out.

The Belgian Entertainment Association (BEA), which was formed nine years ago to represent the music, video, software and videogame industries, welcomed Peeters’ plans.

“It’s so important to close the doors to illegal download sites and to actively lead people to legal alternatives,” said chairman Olivier Maeterlinck.

“Surfers should not forget that the motives of illegal download sites are not always obvious. These sites also regularly try to exploit personal data.”

The current narrative that pirate sites are evil places is clearly gaining momentum among anti-piracy bodies, but there’s little sign that the public intends to boycott sites as a result. With that in mind, alternative legal action will still be required.

With that in mind, Peeters wants to streamline the system so that all piracy cases go through a single court, the Commercial Court of Brussels. This should reduce costs versus the existing model and there’s also the potential for more consistent rulings.

“It’s a good idea to have a clearer legal framework on this,” says Maeterlinck from BEA.

“There are plenty of legal platforms, streaming services like Spotify, for example, which are constantly developing and reaching an ever-increasing audience. Those businesses have a business model that ensure that the creators of certain media content are properly compensated. The rotten apples must be tackled, and those procedures should be less time-consuming.”

There’s little doubt that BEA could benefit from a little government assistance. Back in February, the group filed a lawsuit at the French commercial court in Brussels, asking ISPs to block subscriber access to several ‘pirate’ sites.

“Our action aims to block nine of the most popular streaming sites which offer copyright-protected content on a massive scale and without authorization,” Maeterlinck told TF at the time.

“In accordance with the principles established by the CJEU (UPC Telekabel and GS Media), BEA seeks a court order confirming the infringement and imposing site blocking measures on the ISPs, who are content providers as well.”

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

Roku Is Building Its Own Anti-Piracy Team

Post Syndicated from Ernesto original https://torrentfreak.com/roku-building-anti-piracy-team/

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

Although the media players themselves can be used for perfectly legal means, third-party add-ons turn them into pirate machines, providing access to movies, TV-shows and more.

The entertainment industry isn’t happy with this development and is trying to halt further growth wherever possible.

Just a few months ago, Roku was harshly confronted with this new reality when a Mexican court ordered local retailers to take its media player off the shelves. This legal battle is still ongoing, but it’s clear that Roku itself is now taking a more proactive role.

While Roku never permitted any infringing content, the company is taking steps to better deal with the problem. The company has already begun warning users of copyright-infringing third-party channels, but that was only the beginning.

Two new job applications posted by Roku a few days ago reveal that the company is putting together an in-house anti-piracy team to keep the problem under control.

One of the new positions is that of Director Anti-Piracy and Content Security. Roku stresses that this is a brand new position, which involves shaping the company’s anti-piracy strategy.

“The Director, Anti-Piracy and Content Security is responsible for defining the technology roadmap and overseeing implementation of anti-piracy and content security initiatives at Roku,” the application reads.

“This role requires ability to benchmark Roku against best practices (i.e. MPAA, Studio & Customer) but also requires an emphasis on maintaining deep insight into the evolving threat landscape and technical challenges of combating piracy.”

The job posting

The second job listed by Roku is that of an anti-piracy software engineer. One of the main tasks of this position is to write software for the Roku to monitor and prevent piracy.

“In this role, you will be responsible for implementing anti-piracy and content protection technology as it pertains to Roku OS,” the application explains.

“This entails developing software features, conducting forensic investigations and mining Roku’s big data platform and other threat intelligence sources for copyright infringement activities on and off platform.”

While a two-person team is relatively small, it’s possible that this will grow in the future, if there aren’t people in a similar role already. What’s clear, however, is that Roku takes piracy very seriously.

With Hollywood closely eyeing the streaming box landscape, the company is doing its best to keep copyright holders onside.

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

Block The Pirate Bay Within 10 Days, Dutch Court Tells ISPs

Post Syndicated from Andy original https://torrentfreak.com/block-the-pirate-bay-within-10-days-dutch-court-tells-isps-170922/

Three years ago in 2014, The Court of The Hague handed down its decision in a long-running case which had previously forced two Dutch ISPs, Ziggo and XS4ALL, to block The Pirate Bay.

Ruling against local anti-piracy outfit BREIN, which brought the case, the Court decided that a blockade would be ineffective and also restrict the ISPs’ entrepreneurial freedoms.

The Pirate Bay was unblocked while BREIN took its case to the Supreme Court, which in turn referred the matter to the EU Court of Justice for clarification. This June, the ECJ ruled that as a platform effectively communicating copyright works to the public, The Pirate Bay can indeed be blocked.

The ruling meant there were no major obstacles preventing the Dutch Supreme Court from ordering a future ISP blockade. Clearly, however, BREIN wanted a blocking decision more quickly. A decision handed down today means the anti-piracy group will achieve that in just a few days’ time.

The Hague Court of Appeal today ruled (Dutch) that the 2014 decision, which lifted the blockade against The Pirate Bay, is now largely obsolete.

“According to the Court of Appeal, the Hague Court did not give sufficient weight to the interests of the beneficiaries represented by BREIN,” BREIN said in a statement.

“The Court also wrongly looked at whether torrent traffic had been reduced by the blockade. It should have also considered whether visits to the website of The Pirate Bay itself decreased with a blockade, which speaks for itself.”

As a result, an IP address and DNS blockade of The Pirate Bay, similar to those already in place in the UK and other EU countries, will soon be put in place. BREIN says that four IP addresses will be affected along with hundreds of domain names through which the torrent platform can be reached.

The ISPs have been given just 10 days to put the blocks in place and if they fail there are fines of 2,000 euros per day, up to a maximum of one million euros.

“It is nice that obviously harmful and illegal sites like The Pirate Bay will be blocked again in the Netherlands,” says BREIN chief Tim Kuik.

“A very bad time for our culture, which was free to access via these sites, is now happily behind us.”

Today’s interim decision by the Court of Appeal will stand until the Supreme Court hands down its decision in the main case between BREIN and Ziggo / XS4ALL.

Looking forward, it seems extremely unlikely that the Supreme Court will hand down a conflicting decision, so we’re probably already looking at the beginning of the end for direct accessibility of The Pirate Bay in the Netherlands.

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

Are Cryptocurrency Miners The Future for Pirate Sites?

Post Syndicated from Ernesto original https://torrentfreak.com/are-cryptocurrency-miners-the-future-for-pirate-sites-170921/

Last weekend The Pirate Bay surprised friend and foe by adding a Javascript-based cryptocurrency miner to its website.

The miner utilizes CPU power from visitors to generate Monero coins for the site, providing an extra revenue source.

Initially, this caused the CPUs of visitors to max out due to a configuration error, but it was later adjusted to be less demanding. Still, there was plenty of discussion on the move, with greatly varying opinions.

Some criticized the site for “hijacking” their computer resources for personal profit, without prior warning. However, there are also people who are happy to give something back to TPB, especially if it can help the site to remain online.

Aside from the configuration error, there was another major mistake everyone agreed on. The Pirate Bay team should have alerted its visitors to this change beforehand, and not after the fact, as they did last weekend.

Despite the sensitivities, The Pirate Bay’s move has inspired others to follow suit. Pirate linking site Alluc.ee is one of the first. While they use the same mining service, their implementation is more elegant.

Alluc shows how many hashes are mined and the site allows users to increase or decrease the CPU load, or turn the miner off completely.

Alluc.ee miner

Putting all the controversy aside for a minute, the idea to let visitors mine coins is a pretty ingenious idea. The Pirate Bay said it was testing the feature to see if it’s possible as a replacement for ads, which might be much needed in the future.

In recent years many pirate sites have struggled to make a decent income. Not only are more people using ad-blockers now, the ad-quality is also dropping as copyright holders actively go after this revenue source, trying to dry up the funds of pirate sites. And with Chrome planning to add a default ad-blocker to its browser, the outlook is grim.

A cryptocurrency miner might alleviate this problem. That is, as long as ad-blockers don’t start to interfere with this revenue source as well.

Interestingly, this would also counter one of the main anti-piracy talking points. Increasingly, industry groups are using the “public safety” argument as a reason to go after pirate sites. They point to malicious advertisements as a great danger, hoping that this will further their calls for tougher legislation and enforcement.

If The Pirate Bay and other pirate sites can ditch the ads, they would be less susceptible to these and other anti-piracy pushes. Of course, copyright holders could still go after the miner revenues, but this might not be easy.

TorrentFreak spoke to Coinhive, the company that provides the mining service to The Pirate Bay, and they don’t seem eager to take action without a court order.

“We don’t track where users come from. We are just providing servers and a script to submit hashes for the Monero blockchain. We don’t see it as our responsibility to determine if a website is ‘valid’ and we don’t have the technical capabilities to do so,” a Coinhive representative says.

We also contacted several site owners and thus far the response has been mixed. Some like the idea and would consider adding a miner, if it doesn’t affect visitors too much. Others are more skeptical and don’t believe that the extra revenue is worth the trouble.

The Pirate Bay itself, meanwhile, has completed its test run and has removed the miner from the site. They will now analyze the results before deciding whether or not it’s “the future” for them.

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

Google Signs Agreement to Tackle YouTube Piracy

Post Syndicated from Andy original https://torrentfreak.com/google-signs-unprecedented-agreement-to-tackle-youtube-piracy-170921/

Once upon a time, people complaining about piracy would point to the hundreds of piracy sites around the Internet. These days, criticism is just as likely to be leveled at Google-owned services.

YouTube, in particular, has come in for intense criticism, with the music industry complaining of exploitation of the DMCA in order to obtain unfair streaming rates from record labels. Along with streaming-ripping, this so-called Value Gap is one of the industry’s hottest topics.

With rightsholders seemingly at war with Google to varying degrees, news from France suggests that progress can be made if people sit down and negotiate.

According to local reports, Google and local anti-piracy outfit ALPA (l’Association de Lutte Contre la Piraterie Audiovisuelle) under the auspices of the CNC have signed an agreement to grant rightsholders direct access to content takedown mechanisms on YouTube.

YouTube has granted access to its Content ID systems to companies elsewhere for years but the new deal will see the system utilized by French content owners for the first time. It’s hoped that the access will result in infringing content being taken down or monetized more quickly than before.

“We do not want fraudsters to use our platforms to the detriment of creators,” said Carlo D’Asaro Biondo, Google’s President of Strategic Relationships in Europe, the Middle East and Africa.

The agreement, overseen by the Ministry of Culture, will see Google provide ALPA with financial support and rightsholders with essential training.

ALPA president Nicolas Seydoux welcomed the deal, noting that it symbolizes the “collapse of the wall of incomprehension” that previously existed between France’s rightsholders and the Internet search giant.

The deal forms part of the French government’s “Plan of Action Against Piracy”, in which it hopes to crack down on infringement in various ways, including tackling the threat of pirate sites, better promotion of services offering legitimate content, and educating children “from an early age” on the need to respect copyright.

“The fight against piracy is the great challenge of the new century in the cultural sphere,” said France’s Minister of Culture, Françoise Nyssen.

“I hope this is just the beginning of a process. It will require other agreements with rights holders and other platforms, as well as at the European level.”

According to NextInpact, the Google agreement will eventually encompass the downgrading of infringing content in search results as part of the Trusted Copyright Removal Program. A similar system is already in place in the UK.

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

A Million ‘Pirate’ Boxes Sold in the UK During The Last Two Years

Post Syndicated from Andy original https://torrentfreak.com/a-million-pirate-boxes-sold-in-the-uk-during-the-last-two-years-170919/

With the devices hitting the headlines on an almost weekly basis, it probably comes as no surprise that ‘pirate’ set-top boxes are quickly becoming public enemy number one with video rightsholders.

Typically loaded with the legal Kodi software but augmented with third-party addons, these often Android-based pieces of hardware drag piracy out of the realm of the computer savvy and into the living rooms of millions.

One of the countries reportedly most affected by this boom is the UK. The consumption of these devices among the general public is said to have reached epidemic proportions, and anecdotal evidence suggests that terms like Kodi and Showbox are now household terms.

Today we have another report to digest, this time from the Federation Against Copyright Theft, or FACT as they’re often known. Titled ‘Cracking Down on Digital Piracy,’ the report provides a general overview of the piracy scene, tackling well-worn topics such as how release groups and site operators work, among others.

The report is produced by FACT after consultation with the Police Intellectual Property Crime Unit, Intellectual Property Office, Police Scotland, and anti-piracy outfit Entura International. It begins by noting that the vast majority of the British public aren’t involved in the consumption of infringing content.

“The most recent stats show that 75% of Brits who look at content online abide by the law and don’t download or stream it illegally – up from 70% in 2013. However, that still leaves 25% who do access material illegally,” the report reads.

The report quickly heads to the topic of ‘pirate’ set-top boxes which is unsurprising, not least due to FACT’s current focus as a business entity.

While it often positions itself alongside government bodies (which no doubt boosts its status with the general public), FACT is a private limited company serving The Premier League, another company desperate to stamp out the use of infringing devices.

Nevertheless, it’s difficult to argue with some of the figures cited in the report.

“At a conservative estimate, we believe a million set-top boxes with software added
to them to facilitate illegal downloads have been sold in the UK in the last couple
of years,” the Intellectual Property Office reveals.

Interestingly, given a growing tech-savvy public, FACT’s report notes that ready-configured boxes are increasingly coming into the country.

“Historically, individuals and organized gangs have added illegal apps and add-ons onto the boxes once they have been imported, to allow illegal access to premium channels. However more recently, more boxes are coming into the UK complete with illegal access to copyrighted content via apps and add-ons already installed,” FACT notes.

“Boxes are often stored in ‘fulfillment houses’ along with other illegal electrical items and sold on social media. The boxes are either sold as one-off purchases, or with a monthly subscription to access paid-for channels.”

While FACT press releases regularly blur the lines when people are prosecuted for supplying set-top boxes in general, it’s important to note that there are essentially two kinds of products on offer to the public.

The first relies on Kodi-type devices which provide on-going free access to infringing content. The second involves premium IPTV subscriptions which are a whole different level of criminality. Separating the two when reading news reports can be extremely difficult, but it’s a hugely important to recognize the difference when assessing the kinds of sentences set-top box suppliers are receiving in the UK.

Nevertheless, FACT correctly highlights that the supply of both kinds of product are on the increase, with various parties recognizing the commercial opportunities.

“A significant number of home-grown British criminals are now involved in this type of crime. Some of them import the boxes wholesale through entirely legal channels, and modify them with illegal software at home. Others work with sophisticated criminal networks across Europe to bring the boxes into the UK.

“They then sell these boxes online, for example through eBay or Facebook, sometimes managing to sell hundreds or thousands of boxes before being caught,” the company adds.

The report notes that in some cases the sale of infringing set-top boxes occurs through cottage industry, with suppliers often working on their own or with small groups of friends and family. Invetiably, perhaps, larger scale operations are reported to be part of networks with connections to other kinds of crime, such as dealing in drugs.

“In contrast to drugs, streaming devices provide a relatively steady and predictable revenue stream for these criminals – while still being lucrative, often generating hundreds of thousands of pounds a year, they are seen as a lower risk activity with less likelihood of leading to arrest or imprisonment,” FACT reports.

While there’s certainly the potential to earn large sums from ‘pirate’ boxes and premium IPTV services, operating on the “hundreds of thousands of pounds a year” scale in the UK would attract a lot of unwanted attention. That’s not saying that it isn’t already, however.

Noting that digital piracy has evolved hugely over the past three or four years, the report says that the cases investigated so far are just the “tip of the iceberg” and that many other cases are in the early stages and will only become known to the public in the months and years ahead.

Indeed, the Intellectual Property Office hints that some kind of large-scale enforcement action may be on the horizon.

“We have identified a significant criminal business model which we have discussed and shared with key law enforcement partners. I can’t go into detail on this, but as investigations take their course, you will see the scale,” an IPO spokesperson reveals.

While details are necessarily scarce, a source familiar with this area told TF that he would be very surprised if the targets aren’t the growing handful of commercial UK-based IPTV re-sellers who offer full subscription TV services for a few pounds per month.

“They’re brazen. Watch this space,” he said.

FACT’s full report, Cracking Down on Digital Piracy, can be downloaded here (pdf)

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

Inside the MPAA, Netflix & Amazon Global Anti-Piracy Alliance

Post Syndicated from Andy original https://torrentfreak.com/inside-the-mpaa-netflix-amazon-global-anti-piracy-alliance-170918/

The idea of collaboration in the anti-piracy arena isn’t new but an announcement this summer heralded what is destined to become the largest project the entertainment industry has ever seen.

The Alliance for Creativity and Entertainment (ACE) is a coalition of 30 companies that reads like a who’s who of the global entertainment market. In alphabetical order its members are:

Amazon, AMC Networks, BBC Worldwide, Bell Canada and Bell Media, Canal+ Group, CBS Corporation, Constantin Film, Foxtel, Grupo Globo, HBO, Hulu, Lionsgate, Metro-Goldwyn-Mayer (MGM), Millennium Media, NBCUniversal, Netflix, Paramount Pictures, SF Studios, Sky, Sony Pictures Entertainment, Star India, Studio Babelsberg, STX Entertainment, Telemundo, Televisa, Twentieth Century Fox, Univision Communications Inc., Village Roadshow, The Walt Disney Company, and Warner Bros. Entertainment Inc.

The aim of the project is clear. Instead of each company considering its anti-piracy operations as a distinct island, ACE will bring them all together while presenting a united front to decision and lawmakers. At the core of the Alliance will be the MPAA.

“ACE, with its broad coalition of creators from around the world, is designed, specifically, to leverage the best possible resources to reduce piracy,”
outgoing MPAA chief Chris Dodd said in June.

“For decades, the MPAA has been the gold standard for antipiracy enforcement. We are proud to provide the MPAA’s worldwide antipiracy resources and the deep expertise of our antipiracy unit to support ACE and all its initiatives.”

Since then, ACE and its members have been silent on the project. Today, however, TorrentFreak can pull back the curtain, revealing how the agreement between the companies will play out, who will be in control, and how much the scheme will cost.

Power structure: Founding Members & Executive Committee Members

Netflix, Inc., Amazon Studios LLC, Paramount Pictures Corporation, Sony Pictures Entertainment, Inc., Twentieth Century Fox Film Corporation, Universal City Studios LLC, Warner Bros. Entertainment Inc., and Walt Disney Studios Motion Pictures, are the ‘Founding Members’ (Governing Board) of ACE.

These companies are granted full voting rights on ACE business, including the approval of initiatives and public policy, anti-piracy strategy, budget-related matters, plus approval of legal action. Not least, they’ll have the power to admit or expel ACE members.

All actions taken by the Governing Board (never to exceed nine members) need to be approved by consensus, with each Founding Member able to vote for or against decisions. Members are also allowed to abstain but one persistent objection will be enough to stop any matter being approved.

The second tier – ‘Executive Committee Members’ – is comprised of all the other companies in the ACE project (as listed above, minus the Governing Board). These companies will not be allowed to vote on ACE initiatives but can present ideas and strategies. They’ll also be allowed to suggest targets for law enforcement action while utilizing the MPAA’s anti-piracy resources.

Rights of all members

While all members of ACE can utilize the alliance’s resources, none are barred from simultaneously ‘going it alone’ on separate anti-piracy initiatives. None of these strategies and actions need approval from the Founding Members, provided they’re carried out in a company’s own name and at its own expense.

Information obtained by TorrentFreak indicates that the MPAA also reserves the right to carry out anti-piracy actions in its own name or on behalf of its member studios. The pattern here is different, since the MPAA’s global anti-piracy resources are the same resources being made available to the ACE alliance and for which members have paid to share.

Expansion of ACE

While ACE membership is already broad, the alliance is prepared to take on additional members, providing certain criteria are met. Crucially, any prospective additions must be owners or producers of movies and/or TV shows. The Governing Board will then vet applicants to ensure that they meet the criteria for acceptance as a new Executive Committee Members.

ACE Operations

The nine Governing Board members will meet at least four times a year, with each nominating a senior executive to serve as its representative. The MPAA’s General Counsel will take up the position of non-voting member of the Governing Board and will chair its meetings.

Matters to be discussed include formulating and developing the alliance’s ‘Global Anti-Piracy Action Plan’ and approving and developing the budget. ACE will also form an Anti-Piracy Working Group, which is scheduled to meet at least once a month.

On a daily basis, the MPAA and its staff will attend to the business of the ACE alliance. The MPAA will carry out its own work too but when presenting to outside third parties, it will clearly state which “hat” it is currently wearing.

Much deliberation has taken place over who should be the official spokesperson for ACE. Documents obtained by TF suggest that the MPAA planned to hire a consulting firm to find a person for the role, seeking a professional with international experience who had never been previously been connected with the MPAA.

They appear to have settled on Zoe Thorogood, who previously worked for British Prime Minister David Cameron.

Money, money, money

Of course, the ACE program isn’t going to fund itself, so all members are required to contribute to the operation. The MPAA has opened a dedicated bank account under its control specifically for the purpose, with members contributing depending on status.

Founding/Governing Board Members will be required to commit $5m each annually. However, none of the studios that are MPAA members will have to hand over any cash, since they already fund the MPAA, whose anti-piracy resources ACE is built.

“Each Governing Board Member will contribute annual dues in an amount equal to $5 million USD. Payment of dues shall be made bi-annually in equal shares, payable at
the beginning of each six (6) month period,” the ACE agreement reads.

“The contribution of MPAA personnel, assets and resources…will constitute and be considered as full payment of each MPAA Member Studio’s Governing Board dues.”

That leaves just Netflix and Amazon paying the full amount of $5m in cash each.

From each company’s contribution, $1m will be paid into legal trust accounts allocated to each Governing Board member. If ACE-agreed litigation and legal expenses exceed that amount for the year, members will be required to top up their accounts to cover their share of the costs.

For the remaining 21 companies on the Executive Committee, annual dues are $200,000 each, to be paid in one installment at the start of the financial year – $4.2m all in. Of all dues paid by all members from both tiers, half will be used to boost anti-piracy resources, over and above what the MPAA will spend on the same during 2017.

“Fifty percent (50%) of all dues received from Global Alliance Members other than
the MPAA Member Studios…shall, as agreed by the Governing Board, be used (a) to increase the resources spent on online antipiracy over and above….the amount of MPAA’s 2017 Content Protection Department budget for online antipiracy initiatives/operations,” an internal ACE document reads.

Intellectual property

As the project moves forward, the Alliance expects to gain certain knowledge and experience. On the back of that, the MPAA hopes to grow its intellectual property portfolio.

“Absent written agreement providing otherwise, any and all data, intellectual property, copyrights, trademarks, or know-how owned and/or contributed to the Global Alliance by MPAA, or developed or created by the MPAA or the Global Alliance during the Term of this Charter, shall remain and/or become the exclusive property of the MPAA,” the ACE agreement reads.

That being said, all Governing Board Members will also be granted “perpetual, irrevocable, non-exclusive licenses” to use the same under certain rules, even in the event they leave the ACE initiative.

Terms and extensions

Any member may withdraw from the Alliance at any point, but there will be no refunds. Additionally, any financial commitment previously made to litigation will have to be honored by the member.

The ACE agreement has an initial term of two years but Governing Board Members will meet not less than three months before it is due to expire to vote on any extension.

To be continued……

With the internal structure of ACE now revealed, all that remains is to discover the contents of the initiative’s ‘Global Anti-Piracy Action Plan’. To date, that document has proven elusive but with an operation of such magnitude, future leaks are a distinct possibility.

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

Can an Army of Bitcoin “Bounty Hunters” Deter Pirates?

Post Syndicated from Ernesto original https://torrentfreak.com/can-an-army-of-bitcoin-bounty-hunters-deter-pirates-170917/

When we first heard of the idea to use Bitcoin bounties to track down pirated content online, we scratched our heads.

Snitching on copyright infringers is not a new concept, but the idea of instant cash rewards though cryptocurrency was quite novel.

In theory, it’s pretty straightforward. Content producers can add a unique identifying watermark into movies, eBooks, or other digital files before they’re circulated. When these somehow leak to the public, the bounty hunters use the watermark to claim their Bitcoin, alerting the owner in the process.

This helps to spot leaks early on, even on networks where automated tools don’t have access, and identify the source at the same time.

Two years have passed and it looks like the idea was no fluke. Custos, the South African company that owns the technology, has various copyright holders on board and recently announced a new partnership with book publisher Erudition Digital.

With help from anti-piracy outfit Digimarc, the companies will add identifying watermarks to eBook releases, counting on the bounty hunters to keep an eye out for leaks. These bounty hunters don’t have to be anti-piracy experts. On the contrary, pirates are more than welcome to help out.

“The Custos approach is revolutionary in that it attacks the economy of piracy by targeting uploaders rather than downloaders, turning downloaders into an early detection network,” the companies announced a few days ago.

“The result is pirates turn on one another, sowing seeds of distrust amongst their communities. As a result, the Custos system is capable of penetrating hard-to-reach places such as the dark web, peer-to-peer networks, and even email.”



Devon Weston, Director of Market Development for Digimarc Guardian, believes that this approach is the next level in anti-piracy efforts. It complements the automated detection tools that have been available in the past by providing access to hard-to-reach places.

“Together, this suite of products represents the next generation in technical measures against eBook piracy,” Weston commented on the partnership.

TorrentFreak reached out to Custos COO Fred Lutz to find out what progress the company has made in recent years. We were informed that they have been protecting thousands of copies every month, ranging from pre-release movie content to eBooks.

At the moment the company works with a selected group of “bounty hunters,” but they plan to open the extraction tool to the public in the near future, so everyone can join in.

“So far we have carefully seeded the free bounty extractor tool in relevant communities with great success. However, in the next phase, we will open the bounty hunting to the general public. We are just careful not to grow the bounty hunting community faster than the number of bounties in the wild require,” Lutz tells us.

The Bitcoin bounties themselves vary in size based on the specific use case. For a movie screener, they are typically anything between $10 and $50. However, for the most sensitive content, they can be $100 or more.

“We can also adjust the bounty over time based on the customer’s needs. A low-quality screener that was very sensitive prior to cinematic release does not require as large a bounty after cam-rips becomes available,” Lutz notes.

Thus far, roughly 50 Bitcoin bounties have been claimed. Some of these were planted by Custos themselves, as an incentive for the bounty hunters. Not a very high number, but that doesn’t mean that it’s not working.

“While this number might seem a bit small compared to the number of copies we protect, our aim is first and foremost not to detect leaks, but to pose a credible threat of quick detection and being caught.”

People who receive content protected by Custos are made aware of the watermarks, which may make them think twice about sharing it. If that’s the case, then it’s having effect without any bounties being claimed.

The question remains how many people will actively help to spot bounties. The success of the system largely depends on volunteers, and not all pirates are eager to rat on the people that provide free content.

On the other hand, there’s also room to abuse the system. In theory, people could claim the bounties on their own eBooks and claim that they’ve lost their e-reader. That would be fraud, of course, but since the bounties are in Bitcoin this isn’t easy to prove.

That brings us to the final question. What happens of a claimed bounty identifies a leaker? Custos admits that this alone isn’t enough evidence to pursue a legal case, but the measures that are taken in response are up to the copyright holders.

“A claim of a bounty is never a sufficient legal proof of piracy, instead, it is an invaluable first piece of evidence on which a legal case could be built if the client so requires. Legal prosecution is definitely not always the best approach to dealing with leaks,” Lutz says.

Time will tell if the Bitcoin bounty approach works…

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

BREIN Tracks Down and Settles With “Libra Release Team”

Post Syndicated from Ernesto original https://torrentfreak.com/brein-tracks-down-and-settles-with-libra-release-team-170916/

Dutch anti-piracy outfit BREIN has been very active in recent years, targeting uploaders on various sharing sites and services.

This week the anti-piracy group announced yet another victory against a group of frequent copyright infringers in the Netherlands.

BREIN successfully tracked down and settled with two key members of the “Libra Release Team” (LRT), which is estimated to consist of eight to ten people in total.

LRT is best known in the Netherlands for repackaging English movie and TV releases with Dutch subtitles. These were then shared on torrent sites and Usenet forums.

According to court papers, the files in question were uploaded to place2home.org and place2home.net. However, they often spread out over other sites as well. In total, the release team has published nearly 800 titles.

BREIN tracked down the founder of LRT, who had already stopped uploading, and obtained an ex-parte court order against a more recent uploader. Both have settled with the anti-piracy group for a total of 8,000 euros, an amount that takes their financial situations into account.

The uploader was further summoned to and stop his activities effective immediately. If not, an ex-parte court order requires him to pay an additional penalty of €2,000 per day, up to a maximum of €50,000.

The court papers don’t mention how the members were uncovered, but it is likely that they left traces to their real identities online, which is often the case. The group also recruited new members publicly, using Skype and Gmail as contact addresses.

It’s unclear whether the settlements means the end of the Libra Release Team. While the targeted persons are unlikely to pick up their old habit, some of the others may still continue, perhaps under a new name.

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

Australian Government Want ISPs to Adopt Anti-Piracy Code

Post Syndicated from Ernesto original https://torrentfreak.com/australian-government-want-isps-to-adopt-anti-piracy-code-170915/

Australia has been struggling to find an adequate response to online piracy for several years, but progress has been slow.

While pirate site blockades are in effect now, an earlier plan to implement a three-strikes anti-piracy regime failed.

Despite this setback, Australian legislators are still determined to tackle widespread copyright infringement. The most recent effort comes through an overhaul of the country’s copyright regulations, with a new proposal (pdf) to adopt a voluntary anti-piracy code.

The code would apply to carriage service providers, including Internet providers, to agree on a joint anti-piracy strategy. The voluntary code should be supported by “broad consensus” and include technical measures that are “used to protect and identify copyright material.”

The proposal further stresses that the anti-piracy measures should be “non-discriminatory.” They also shouldn’t impose “substantial costs” on the service providers or “substantial burdens on their systems or networks.”

The code proposal

The description of the code is quite broad can include a wide variety of measures, including a new iteration of the “strikes” scheme where copyright holders report copyright infringements. A website blocking agreement, which avoids costly court procedures, also belongs to the options.

An accompanying consultation paper published by the Government stresses that any monitoring measures to track infringements should not interfere with the technology used at the originating sites, ZDNet notes.

While the Government pushes copyright holders and ISPs to come to a voluntary agreement, the failed “three strikes” negotiations suggest that this will be easier said than done.

At the time, the Australasian Music Publishers Association (AMPAL) noted that merely warning users did not go far enough. Instead, they recommended a system where ISPs themselves would implement monitoring and filtering technology to stop piracy.

It appears, however, that extensive monitoring and filtering on the ISPs’ networks goes beyond the scope of the proposed regulations. After all, that would be quite costly and place a significant burden on the ISPs.

The proposed regulations are not limited to the anti-piracy code but also specify how Internet providers should process takedown notices, among other things.

Before any changes are implemented or negotiations begin, the Government is first inviting various stakeholders to share their views. While it doesn’t intend to change the main outline, the Government welcomes suggestions to simplify the current proposal where possible.

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

Indian Movie Actor Mobbed By Press After Arrest of Torrent Site Admin

Post Syndicated from Andy original https://torrentfreak.com/indian-movie-actor-mobbed-by-press-after-airport-torrent-site-arrest-170913/

While most of the headlines relating to Internet piracy are focused on North America and Europe, there are dozens of countries where piracy is a way of life for millions of citizens. India, with its booming economy and growth in technology, is certainly one of them.

According to a recently published report, India now has 355 million Internet users out of a population of more than 1.3 billion. Not only is there massive room for growth, that figure is up from 277 million just two years ago. The rate of growth is astonishing.

Needless to say, Indians love their Internet and increasing numbers of citizens are also getting involved in the piracy game. There are many large sites and prominent release groups operating out of the country, some of them targeting the international market. Carry out a search for DVDSCR (DVD screener) on most search indexes globally and one is just as likely to find Indian movie releases as those emanating from the West.

If people didn’t know it already, India is nurturing a pirate force to be reckoned with, with local torrent and streaming sites pumping out the latest movies at an alarming rate. This has caused an outcry from many in the movie industry who are determined to do something to stem the tide.

One of these is actor Vishal Krishna, who not only stars in movies but is also a producer working in the Tamil film industry. Often referred to simply by his first name, Vishal has spoken out regularly against piracy in his role at the Tamil Film Producers Council.

In May, he referred to the operators of the hugely popular torrent site TamilRockers as ‘Internet Mafias’ while demanding their arrest for leaking the blockbuster Baahubali 2, a movie that pulled in US$120 million in six days. Now, it appears, he may have gotten his way. Well, partially, at least.

Last evening, reports began to surface of an arrest at Chennai airport in north east India. According to local media, Gauri Shankar, an alleged administrator of Tamilrockers.co, was detained by Triplicane police.

This would’ve been a huge coup for Vishal, who has been warning Tamilrockers to close down for the past three years. He even claimed to know the identity of the main perpetrator behind the site, noting that it was only a matter of time before he was brought to justice.

Soon after the initial reports, however, other media outlets claimed that Gauri Shankar is actually an operator at Tamilgun, another popular pirate portal currently blocked by ISPs on the orders of the Indian government.

So was it rockers or gun? According to Indiaglitz.com, Vishal rushed to the scene in Chennai to find out.

Outside the police station

What followed were quite extraordinary scenes outside the Triplicane police station. Emerging from the building flanked by close to 20 men, some in uniform, Vishal addressed an excited crowd of reporters. A swathe of microphones from various news outlets greeted him as he held up his hands urging the crowd to calm down.

“Just give us some time, I will give you the details,” Vishal said in two languages.

“Just give us some time. It is too early. I’ll just give it to you in a bit. It’s something connected to website piracy. Just give me some time. I have to give you all the details, proper details.”

So, even after all the excitement, it’s unclear who the police have in custody. Nevertheless, the attention this event is getting from the press is on a level rarely seen in a piracy case, so more news is bound to follow soon.

In the meantime, both TamilRockers and TamilGun remain online, operating as normal. Clearly, there is much more work to be done.

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

Narcos’ Cali Cartel Threatens to ‘Kill’ Illegal Downloaders

Post Syndicated from Ernesto original https://torrentfreak.com/narcos-cali-cartel-threatens-to-kill-illegal-downloaders-170912/

Netflix offers a great alternative to piracy, and for dozens of millions of people it’s a favorite pastime.

Since Netflix’s priorities are shifting more to the production of original content, piracy is turning into a more serious problem for the company.

This shows, as the video giant now has an anti-piracy policy that’s on par with many major Hollywood studios. Over the past year, Netflix issued over a million takedown requests to Internet services, but they also target downloaders in a more direct fashion.

Where other Hollywood companies approach pirates with settlement demands or warning letters, Netflix is enlisting the stars of the latest Narcos season, who play the Cali Cartel.

In the message, targeted at the French market, the four drug lords warn people not to download any episodes without permission. Or else..

“Hey you, yes you, do you think you’re smart? Do you think we didn’t see you Googling ‘Narcos season 3 download’? Don’t be a fool. Narcos is a business,” Pepe begins.

“If you want your entertainment. If you want your show. You’re gonna pay the Cali Cartel, ‘hijo de puta’,” Pacho adds, using the strong language one expects from a cartel leader.

The message continues with Miguel referencing the French three-strikes law Hadopi, under which file-sharers received several warnings before facing a possible Internet disconnection. The Cali Cartel doesn’t do courtesy letters, he stresses.

“Do you think we’re like Hadopi? Do you think we’re going to send you a nice and polite letter first? Please, sir / madam, could you please not illegally download Narcos? We don’t do courtesy letters.”

“There is no please, no por favor, no s’il vous plait,” Pepe adds.

Finally, the big boss chimes in delivering the final threat. People who continue to download or point others to “shitty” websites with pop-ups that offer Narcos for free, can expect to meet the bullet.

“There’s bullets for you, your family, and all the people you send to watch Narcos on all those shitty websites full of questionable pop-ups,” Gilberto says.

“You know where to find us. Don’t mess around ‘hijo de puta’,” his brother adds.

While the message is amusing and might even be good PR for the show, one has to wonder whether it will be enough for people to sign up for a subscription. Netflix might be wondering the same, as they are still sending out takedown requests targeting pirate download and streaming sites, just in case.

Narcos “takedown”

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

KinoX / Movie4K Admin Detained in Kosovo After Three-Year Manhunt

Post Syndicated from Andy original https://torrentfreak.com/kinox-movie4k-admin-detained-in-kosovo-after-three-year-manhunt-170912/

In June 2011, police across Europe carried out the largest anti-piracy operation the region had ever seen. Their target was massive streaming portal Kino.to and several affiliates with links to Spain, France and the Netherlands.

With many sites demonstrating phoenix-like abilities these days, it didn’t take long for a replacement to appear.

Replacement platform KinoX soon attracted a large fanbase and with that almost immediate attention from the authorities. In October 2014, Germany-based investigators acting on behalf of the Attorney General carried out raids in several regions of the country looking for four main suspects.

One raid, focused on a village near to the northern city of Lübeck, targeted two brothers, then aged 21 and 25-years-old. The pair, who were said to have lived with their parents, were claimed to be the main operators of Kinox.to and another large streaming site, Movie4K.to. Although two other men were arrested elsewhere in Germany, the brothers couldn’t be found.

This was to be no ordinary manhunt by the police. In addition to accusing the brothers of copyright infringement and tax evasion, authorities indicated they were wanted for fraud, extortion, and arson too. The suggestion was that they’d targeted a vehicle owned by a pirate competitor, causing it to “burst into flames”.

The brothers were later named as Kastriot and Kreshnik Selimi. Born in 1992, 21-year-old Kreshnik was born in Sweden. 25-year-old Kastriot was born in Kosovo in 1989 and along with his brother, later became a German citizen.

With authorities piling on the charges, the pair were accused of being behind not only KinoX and Movie4K, but also other hosting and sharing platforms including BitShare, Stream4k.to, Shared.sx, Mygully.com and Boerse.sx.

Now, almost three years later, German police are one step closer to getting their men. According to a Handelsblatt report via Tarnkappe, Kreshnik Selimi has been detained by authorities.

The now 24-year-old suspect reportedly handed himself to the German embassy located in the capital of Kosovo, Prestina. The location of the arrest isn’t really a surprise. Older brother Kastriot previously published a picture on Instagram which appeared to show a ticket in his name destined for Kosovo from Zurich in Switzerland.

But while Kreshnik’s arrest reportedly took place in July, there’s still no news of Kastriot. The older brother is still on the run, maybe in Kosovo, or by now, potentially anywhere else in the world.

While his whereabouts remain a mystery, the other puzzle faced by German authorities is the status of the two main sites the brothers were said to maintain.

Despite all the drama and unprecedented allegations of violence and other serious offenses, both Movie4K and KinoX remain stubbornly online, apparently oblivious to the action.

There have been consequences for people connected to the latter, however.

In December 2015, Arvit O (aka “Pedro”) who handled technical issues on KinoX, was sentenced to 40 months in prison for his involvement in the site.

Arvit O, who made a partial confession, was found guilty of copyright infringement by the District Court of Leipzig. The then 29-year-old admitted to infringing 2,889 works. The Court also found that he hacked the computers of two competitors in order to improve Kinox’s market share.

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

SceneAccess Torrent Tracker Shuts Down

Post Syndicated from Ernesto original https://torrentfreak.com/private-torrent-tracker-sceneaccess-shuts-down-170912/

SceneAccess (ScT) has been a respected and well-connected private BitTorrent tracker for more than a decade, but a few hours ago it closed its doors.

The operators of the tracker, which recently stopped enforcing a mandatory share ratio, had been complaining about a lack of financial support for a while.

“As we stand now, we have NO money left to pay our bills and the lights WILL go out,” one of the staffers wrote earlier this year, urging the site’s members to chip in to help the site stay online.

Apparently, these frequent donation reminders were unsuccessful. Today, members of the tracker, some of which have been with the site for more than tens years, are greeted by a farewell notice.

“After putting a decade of blood, sweat and tears – it is time to throw in the towel. It is time for us to close this chapter…” it reads, thanking all donors who helped the site over the years.

“As times change, so do peoples priorities and without continued economical support from the community, it is impossible to run a site of this size. It’s been a pleasure for all of us to serve you with pride and honor.”

SceneAccess shuts down

SceneAccess has seen its fair share of trouble over the years. The site was raided in its early days, forced by anti-piracy group BREIN to switch hosts, DDoSed on several occasions, and suffered a leak of user data, among other things.

While it recovered from all these events, a lack of financial support now means that the end has finally come.

The tracker is not the only site to run low on donations. Many trackers, including several of the big players, have complained about the same issue in recent years.

While there may always be additional factors in play when a site shuts down, it is clear that SceneAccess is not coming back, unless there is some magical turnaround. This means that its users have to find a new home, wherever that may be.

“Thank you for 11 amazing years. We wish you all the best in your future endeavors,” SCC concludes.

Another one bites the dust…

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

ShareBeast & AlbumJams Operator Pleads Guilty to Criminal Copyright Infringement

Post Syndicated from Andy original https://torrentfreak.com/sharebeast-albumjams-operator-pleads-guilty-to-criminal-copyright-infringement-170911/

In September 2015, U.S. authorities announced action against a pair of sites involved in music piracy.

ShareBeast.com and AlbumJams.com were allegedly responsible for the distribution of “a massive library” of popular albums and tracks. Both were accused of offering thousands of tracks before their official release dates.

The U.S. Department of Justice (DOJ) placed their now familiar seizure notice on both domains, with the RIAA claiming ShareBeast was the largest illegal file-sharing site operating in the United States. Indeed, the site’s IP addresses at the time indicated at least some hosting taking place in Illinois.

“This is a huge win for the music community and legitimate music services. Sharebeast operated with flagrant disregard for the rights of artists and labels while undermining the legal marketplace,” RIAA Chairman & CEO Cary Sherman commented at the time.

“Millions of users accessed songs from Sharebeast each month without one penny of compensation going to countless artists, songwriters, labels and others who created the music.”

Now, a full two years later, former Sharebeast operator Artur Sargsyan has pleaded guilty to one felony count of criminal copyright infringement, admitting to the unauthorized distribution and reproduction of over 1 billion copies of copyrighted works.

“Through Sharebeast and other related sites, this defendant profited by illegally distributing copyrighted music and albums on a massive scale,” said U. S. Attorney John Horn.

“The collective work of the FBI and our international law enforcement partners have shut down the Sharebeast websites and prevented further economic losses by scores of musicians and artists.”

The Department of Justice says that from 2012 to 2015, 29-year-old Sargsyan used ShareBeast as a pirate music repository, infringing works produced by Ariana Grande, Katy Perry, Beyonce, Kanye West, and Justin Bieber, among others. He linked to that content from Newjams.net and Albumjams.com, two other sites under his control.

The DoJ says that Sargsyan was informed at least 100 times that there was infringing content on ShareBeast but despite the warnings, the content remained available. When those warnings produced no results, the FBI – assisted by law enforcement in the UK and the Netherlands – seized servers used by Sargsyan to distribute the material.

Brad Buckles, EVP, Anti-Piracy at the RIAA, welcomed the guilty plea.

“Sharebeast and its related sites represented the most popular network of infringing music sites operated out of the United States. The network was responsible for providing millions of downloads of popular music files including unauthorized pre-release albums and tracks.This illicit activity was a gut-punch to music creators who were paid nothing by the service,” Buckles said.

“We are incredibly grateful for the government’s commitment to protecting the rights of artists and labels. We especially thank the dedicated agents of the FBI who painstakingly unraveled this criminal enterprise, and U.S. Attorney John Horn and his team for their work and diligence in seeing this case to its successful conclusion.”

Sargsyan, of Glendale, California, will be sentenced December 4 before U.S. District Judge Timothy C. Batten.

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

The Things Pirates Do To Hinder Anti-Piracy Investigations

Post Syndicated from Andy original https://torrentfreak.com/the-things-pirates-do-to-hinder-anti-piracy-outfits-170909/

Dedicated Internet pirates dealing in fresh content or operating at any significant scale can be pretty sure that rightsholders and their anti-piracy colleagues are interested in their activities at some level.

With this in mind, most pirates these days are aware of things they can do to enhance their security, with products like VPNs often get discussed on the consumer side.

This week, in a report detailing the challenges social media poses to intellectual property rights, UK anti-piracy outfit Federation Against Copyright Theft published a list of techniques deployed by pirates that hinder their investigations.

Fake/hidden website registration details

“Website registration details are often fake or hidden, which provides no further links to the person controlling the domain and its illegal activities,” the group reveals.

Protected WHOIS records are nothing new and can sometimes be uncloaked by a determined adversary via court procedures. However, in the early stages of an investigation, open records provide leads that can be extremely useful in building an early picture about who might be involved in the operation of a website.

Having them hidden is a definite plus for pirate site operators, especially when the underlying details are also fake, which is particularly common practice. And, with companies like Peter Sunde’s Njalla entering the market, hiding registrations is easier than ever.

Overseas servers

“Investigating servers located offshore cause some specific problems for FACT’s law-enforcement partners. In order to complete a full investigation into an offshore server, a law-enforcement agency must liaise with its counterpart in the country where the server is located. The difficulties of obtaining evidence from other countries are well known,” FACT notes.

While FACT no doubt corresponds with entities overseas, the anti-piracy outfit has a history of targeting UK citizens who are reportedly infringing copyright. It regularly involves UK police in its investigations (FACT itself employs former police officers) but jurisdiction is necessarily limited to the UK.

It is possible to get overseas law enforcement entities involved to seize a server, for example, but they have to be convinced of the need to do so by the police, which isn’t easy and is usually reserved for more serious cases. The bottom line is that by placing a server a long way away from a pirate’s home territory, things can be made much more difficult for local investigators.

Torrent websites and DMCA compliance

“Some torrent website operators who maintain a high DMCA compliance rate will often use this to try to appease the law, while continuing to provide infringing links,” FACT says.

This is an interesting one. Under law in both the United States and Europe, service providers are required to remove infringing content from their systems when they are notified of its existence by a rightsholder or its agent. Not doing so can render them liable, if the content is indeed infringing.

What FACT appears to be saying is that sites that comply with the law, by removing infringing content when asked to, become more difficult targets for legal action. It sounds very obvious but the underlying suggestion is that compliance on the surface is used as a protective mechanism. No example sites are mentioned but the strategy has clearly hindered FACT.

Current legislation too vague to remove infringing live sports streams

“Current legislation is insufficient to effectively tackle the issue of websites illegally offering coverage of live sports events. Section 512 (c) of the Digital Millennium Copyright Act (DMCA) states that: upon notification of claimed infringement, the service provider should ‘respond expeditiously’ to remove or disable access to the copyright-infringing material. Most live sports events are under two hours long, so such non-specific timeframes for required action are inadequate,” FACT complains.

Since government reports like these can take a long time to prepare, it appears that FACT and its partners may have already found a solution to this particular problem. Major FACT client the Premier League now has a High Court injunction in place which allows it to block infringing streams on a real-time basis. It doesn’t remove the content at its source, but it still renders it largely inaccessible in the UK.

Nevertheless, FACT calls for takedowns to be actioned more swiftly, noting that “the law needs to reflect this narrow timeframe with a specified required response period for websites offering such live feeds.”

Camming content directly from cinema screen to the cloud

“Recent advancements in technology have made this a viable option to ‘cammers’ to avoid detection. Attempts to curtail and delete illicitly recorded film footage may become increasingly difficult with the emergence of streaming apps that automatically upload recorded video to cloud services,” FACT reports.

Over the years, FACT has been involved in numerous operations to hinder those who record movies with cameras in theaters and then upload them to the Internet. Once the perpetrator has exited the theater, FACT has effectively lost the battle, but the possibility that a live upload can now take place is certainly an interesting proposition.

“While enforcing officers may delete the footage held on the device, the footage has potentially already been stored remotely on a cloud system,” FACT warns.

Equally, this could also prove a problem for those seeking to secure evidence. With a cloud upload, the person doing the recording could safely delete the footage from the local device. That could be an obstacle to proving that an offense had even been committed when a suspect is confronted in situ.

Virtual currencies

“There is great potential in virtual currencies for money launderers and illicit traders. Government and law enforcement have raised concerns on how virtual currencies can be sent anonymously, leaving little or no trail for regulators or law-enforcement agencies,” FACT writes.

For many years, pirates of all kinds have relied on systems like PayPal, Mastercard, and Visa, to shift money around. However, these payment systems are now more difficult to deploy on pirate services and are more easily traced, even when operators manage to squeeze them through the gaps.

The same cannot be said of bitcoin and similar currencies that are gaining in popularity all the time. They are harder to use, of course, but there’s little doubt accessibility issues will be innovated out of the equation at some point. Once that happens, these currencies will be a force to be reckoned with.

The UK government’s Share and Share Alike report, which examines the challenges social media poses to intellectual property rights, can be downloaded here (pdf)

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

New UK IP Crime Report Reveals Continued Focus on ‘Pirate’ Kodi Boxes

Post Syndicated from Andy original https://torrentfreak.com/new-uk-ip-crime-report-reveals-continued-focus-on-pirate-kodi-boxes-170908/

The UK’s Intellectual Property Office has published its annual IP Crime Report, spanning the period 2016 to 2017.

It covers key events in the copyright and trademark arenas and is presented with input from the police and trading standards, plus private entities such as the BPI, Premier League, and Federation Against Copyright Theft, to name a few.

The report begins with an interesting statistic. Despite claims that many millions of UK citizens regularly engage in some kind of infringement, figures from the Ministry of Justice indicate that just 47 people were found guilty of offenses under the Copyright, Designs and Patents Act during 2016. That’s down on the 69 found guilty in the previous year.

Despite this low conviction rate, 15% of all internet users aged 12+ are reported to have consumed at least one item of illegal content between March and May 2017. Figures supplied by the Industry Trust for IP indicate that 19% of adults watch content via various IPTV devices – often referred to as set-top, streaming, Android, or Kodi boxes.

“At its cutting edge IP crime is innovative. It exploits technological loopholes before they become apparent. IP crime involves sophisticated hackers, criminal financial experts, international gangs and service delivery networks. Keeping pace with criminal innovation places a burden on IP crime prevention resources,” the report notes.

The report covers a broad range of IP crime, from counterfeit sportswear to foodstuffs, but our focus is obviously on Internet-based infringement. Various contributors cover various aspects of online activity as it affects them, including music industry group BPI.

“The main online piracy threats to the UK recorded music industry at present are from BitTorrent networks, linking/aggregator sites, stream-ripping sites, unauthorized streaming sites and cyberlockers,” the BPI notes.

The BPI’s website blocking efforts have been closely reported, with 63 infringing sites blocked to date via various court orders. However, the BPI reports that more than 700 related URLs, IP addresses, and proxy sites/ proxy aggregators have also been rendered inaccessible as part of the same action.

“Site blocking has proven to be a successful strategy as the longer the blocks are in place, the more effective they are. We have seen traffic to these sites reduce by an average of 70% or more,” the BPI reports.

While prosecutions against music pirates are a fairly rare event in the UK, the Crown Prosecution Service (CPS) Specialist Fraud Division highlights that their most significant prosecution of the past 12 months involved a prolific music uploader.

As first revealed here on TF, Wayne Evans was an uploader not only on KickassTorrents and The Pirate Bay, but also some of his own sites. Known online as OldSkoolScouse, Evans reportedly cost the UK’s Performing Rights Society more than £1m in a single year. He was sentenced in December 2016 to 12 months in prison.

While Evans has been free for some time already, the CPS places particular emphasis on the importance of the case, “since it provided sentencing guidance for the Copyright, Designs and Patents Act 1988, where before there was no definitive guideline.”

The CPS says the case was useful on a number of fronts. Despite illegal distribution of content being difficult to investigate and piracy losses proving tricky to quantify, the court found that deterrent sentences are appropriate for the kinds of offenses Evans was accused of.

The CPS notes that various factors affect the severity of such sentences, not least the length of time the unlawful activity has persisted and particularly if it has done so after the service of a cease and desist notice. Other factors include the profit made by defendants and/or the loss caused to copyright holders “so far as it can accurately be calculated.”

Importantly, however, the CPS says that beyond issues of personal mitigation and timely guilty pleas, a jail sentence is probably going to be the outcome for others engaging in this kind of activity in future. That’s something for torrent and streaming site operators and their content uploaders to consider.

“[U]nless the unlawful activity of this kind is very amateur, minor or short-lived, or in the absence of particularly compelling mitigation or other exceptional circumstances, an immediate custodial sentence is likely to be appropriate in cases of illegal distribution of copyright infringing articles,” the CPS concludes.

But while a music-related trial provided the highlight of the year for the CPS, the online infringement world is still dominated by the rise of streaming sites and the now omnipresent “fully-loaded Kodi Box” – set-top devices configured to receive copyright-infringing live TV and VOD.

In the IP Crime Report, the Intellectual Property Office references a former US Secretary of Defense to describe the emergence of the threat.

“The echoes of Donald Rumsfeld’s famous aphorism concerning ‘known knowns’ and ‘known unknowns’ reverberate across our landscape perhaps more than any other. The certainty we all share is that we must be ready to confront both ‘known unknowns’ and ‘unknown unknowns’,” the IPO writes.

“Not long ago illegal streaming through Kodi Boxes was an ‘unknown’. Now, this technology updates copyright infringement by empowering TV viewers with the technology they need to subvert copyright law at the flick of a remote control.”

While the set-top box threat has grown in recent times, the report highlights the important legal clarifications that emerged from the BREIN v Filmspeler case, which found itself before the European Court of Justice.

As widely reported, the ECJ determined that the selling of piracy-configured devices amounts to a communication to the public, something which renders their sale illegal. However, in a submission by PIPCU, the Police Intellectual Property Crime Unit, box sellers are said to cast a keen eye on the legal situation.

“Organised criminals, especially those in the UK who distribute set-top boxes, are aware of recent developments in the law and routinely exploit loopholes in it,” PIPCU reports.

“Given recent judgments on the sale of pre-programmed set-top boxes, it is now unlikely criminals would advertise the devices in a way which is clearly infringing by offering them pre-loaded or ‘fully loaded’ with apps and addons specifically designed to access subscription services for free.”

With sellers beginning to clean up their advertising, it seems likely that detection will become more difficult than when selling was considered a gray area. While that will present its own issues, PIPCU still sees problems on two fronts – a lack of clear legislation and a perception of support for ‘pirate’ devices among the public.

“There is no specific legislation currently in place for the prosecution of end users or sellers of set-top boxes. Indeed, the general public do not see the usage of these devices as potentially breaking the law,” the unit reports.

“PIPCU are currently having to try and ‘shoehorn’ existing legislation to fit the type of criminality being observed, such as conspiracy to defraud (common law) to tackle this problem. Cases are yet to be charged and results will be known by late 2017.”

Whether these prosecutions will be effective remains to be seen, but PIPCU’s comments suggest an air of caution set to a backdrop of box-sellers’ tendency to adapt to legal challenges.

“Due to the complexity of these cases it is difficult to substantiate charges under the Fraud Act (2006). PIPCU have convicted one person under the Serious Crime Act (2015) (encouraging or assisting s11 of the Fraud Act). However, this would not be applicable unless the suspect had made obvious attempts to encourage users to use the boxes to watch subscription only content,” PIPCU notes, adding;

“The selling community is close knit and adapts constantly to allow itself to operate in the gray area where current legislation is unclear and where they feel they can continue to sell ‘under the radar’.”

More generally, pirate sites as a whole are still seen as a threat. As reported last month, the current anti-piracy narrative is that pirate sites represent a danger to their users. As a result, efforts are underway to paint torrent and streaming sites as risky places to visit, with users allegedly exposed to malware and other malicious content. The scare strategy is supported by PIPCU.

“Unlike the purchase of counterfeit physical goods, consumers who buy unlicensed content online are not taking a risk. Faulty copyright doesn’t explode, burn or break. For this reason the message as to why the public should avoid copyright fraud needs to be re-focused.

“A more concerted attempt to push out a message relating to malware on pirate websites, the clear criminality and the links to organized crime of those behind the sites are crucial if public opinion is to be changed,” the unit advises.

But while the changing of attitudes is desirable for pro-copyright entities, PIPCU says that winning over the public may not prove to be an easy battle. It was given a small taste of backlash itself, after taking action against the operator of a pirate site.

“The scale of the problem regarding public opinion of online copyright crime is evidenced by our own experience. After PIPCU executed a warrant against the owner of a streaming website, a tweet about the event (read by 200,000 people) produced a reaction heavily weighted against PIPCU’s legitimate enforcement action,” PIPCU concludes.

In summary, it seems likely that more effort will be expended during the next 12 months to target the set-top box threat, but there doesn’t appear to be an abundance of confidence in existing legislation to tackle all but the most egregious offenders. That being said, a line has now been drawn in the sand – if the public is prepared to respect it.

The full IP Crime Report 2016-2017 is available here (pdf)

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

MPAA: Net Neutrality Rules Should Not Hinder Anti-Piracy Efforts

Post Syndicated from Ernesto original https://torrentfreak.com/mpaa-net-neutrality-rules-should-not-hinder-anti-piracy-efforts-170907/

This summer, millions of people protested the FCC’s plan to repeal the net neutrality rules that were put in place by the former Obama administration.

Well over 22 million comments are listed on the FCC site already and among those we spotted a response from the main movie industry lobby group, the MPAA.

Acting on behalf of six major Hollywood studios, the MPAA is not getting involved in the repeal debate. It instead highlights that, if the FCC maintains any type of network neutrality rules, these shouldn’t get in the way of its anti-piracy efforts.

The Hollywood group stresses that despite an increase in legal services, online piracy remains a problem. Through various anti-piracy measures, rightsholders are working hard to combat this threat, which is their right by law.

“Copyright owners and content providers have a right under the Copyright and Communications acts to combat theft of their content, and the law encourages internet intermediaries to collaborate with content creators to do so,” the MPAA writes.

Now that the net neutrality rules are facing a possible revision or repeal, the MPAA wants to make it very clear that any future regulation should not get in the way of these anti-piracy efforts.

“The MPAA therefore asks that any network neutrality rules the FCC maintains or adopts make explicit that such rules do not limit the ability of copyright owners and their licensees to combat copyright infringement,” the group writes to the FCC.

This means that measures such as website blocking, which could be considered to violate net neutrality as it discriminates against specific traffic, should be allowed. The same is true for other filtering and blocking efforts.

The MPAA’s position doesn’t come as a surprise and given the FCC’s actions in the past, Hollywood has little to worry about. The current net neutrality rules, which were put in place by the Obama administration, specifically exclude pirate traffic.

“Nothing in this part prohibits reasonable efforts by a provider of broadband Internet access service to address copyright infringement or other unlawful activity,” the current net neutrality order reads.

“We reiterate that our rules do not alter the copyright laws and are not intended to prohibit or discourage voluntary practices undertaken to address or mitigate the occurrence of copyright infringement,” the FCC previously clarified.

Still, the MPAA is better safe than sorry.

This is not the first time that the MPAA has got involved in net neutrality debates. Behind the scenes the group has been lobbying US lawmakers on this issue for several years, previously arguing for similar net neutrality exceptions in Brazil and India.

The MPAA’s full comments can be found here (pdf).

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

Private Torrent Site Legal Battle Heard By Court of Appeal

Post Syndicated from Andy original https://torrentfreak.com/private-torrent-site-legal-battle-heard-by-court-of-appeal-170908/

Founded way back in 2006, SwePiracy grew to become one of the most famous private torrent sites on the Swedish scene. Needless to say, it also became a target for anti-piracy outfits.

Six years after its debut and following an investigation by anti-piracy group Antipiratbyrån (now Rights Alliance), during 2012 police in Sweden and the Netherlands cooperated to shut down the site and arrest its operator.

In early 2016, more than four years on, SwePiracy’s then 25-year-old operator appeared in court to answer charges relating to the unlawful distribution of a sample 27 movies between March 2011 and February 2012. The prosecution demanded several years in prison and nearly $3.13 million (25 million kronor) in damages.

SwePiracy defense lawyer Per E. Samuelsson, who previously took part in The Pirate Bay trial, said the claims against his client were the most unreasonable he’d seen in his 35 years as a lawyer.

In October 2016, three weeks after the full trial, the Norrköping District Court handed down its decision. Given some of the big numbers being thrown around, the case seemed to turn out relatively well for the defendant.

While SwePiracy’s former operator was found guilty of copyright infringement, the prosecution’s demands for harsh punishment were largely pushed aside. A jail sentence was switched to probation plus community service, and the millions of dollars demanded in damages were reduced to ‘just’ $148,000, payable to movie outfit Nordisk Film. On top, $45,600 said to have been generated by SwePiracy was confiscated.

Almost immediately both sides announced an appeal, with the defendant demanding a more lenient sentence and the prosecution naturally leaning the other way. This week the case was heard at the Göta Court of Appeal, one of the six appellate courts in the Swedish system.

“We state that the District Court made an inaccurate assessment of the damages. So the damages claim remains at the same level as before,” Rights Alliance lawyer Henrik Pontén told Sweden’s IDG.

“There are two different approaches. We say that you have to pay for the entire license [for content when you infringe]. The District Court looked at how many times the movies were downloaded during the period.”

According to Pontén, the cost of such a license is hypothetical since there are no licenses available for distributing content through entities such as torrent sites, which have no mechanisms for control and no limits on sharing. That appears to have motivated the prosecution to demand a hefty price tag.

In addition to Rights Alliance wanting a better deal for their theoretical license, the official prosecutor also has issues with the amount of money that was confiscated from the platform.

“The operator has received donations to run the site. I have calculated how much money was received and the sum that the District Court awarded was almost half of my calculations,” Henrik Rasmusson told IDG.

Only time will tell how the Court of Appeal will rule but it’s worth noting that the decision could go either way or might even stand as it is now. In any event, this case has dragged on for far too long already and is unlikely to end positively for any of the parties involved.

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

Russia Blocks 4,000 Pirate Sites Plus 41,000 Innocent as Collateral Damage

Post Syndicated from Andy original https://torrentfreak.com/russia-blocks-4000-pirate-sites-plus-41000-innocent-as-collateral-damage-170905/

After years of criticism from both international and local rightsholders, in 2013 the Russian government decided to get tough on Internet piracy.

Under new legislation, sites engaged in Internet piracy could find themselves blocked by ISPs, rendering them inaccessible to local citizens and solving the piracy problem. Well, that was the theory, at least.

More than four years on, Russia is still grappling with a huge piracy problem that refuses to go away. It has been blocking thousands of sites at a steady rate, including RuTracker, the country’s largest torrent platform, but still the problem persists.

Now, a new report produced by Roskomsvoboda, the Center for the Protection of Digital Rights, and the Pirate Party of Russia, reveals a system that has not only failed to reach its stated aims but is also having a negative effect on the broader Internet.

“It’s already been four years since the creation of this ‘anti-piracy machine’ in Russia. The first amendments related to the fight against ‘piracy’ in the network came into force on August 1, 2013, and since then this mechanism has been twice revised,” Roskomsvoboda said in a statement.

“[These include] the emergence of additional responsibilities to restrict access to network resources and increase the number of subjects who are responsible for removing and blocking content. Since that time, several ‘purely Russian’ trends in ‘anti-piracy’ and trade in rights have also emerged.”

These revisions, which include the permanent blocking of persistently infringing sites and the planned blocking of mirror sites and anonymizers, have been widely documented. However, the researchers say that they want to shine a light on the effects of blocking procedures and subsequent actions that are causing significant issues for third-parties.

As part of the study, the authors collected data on the cases presented to the Moscow City Court by the most active plaintiffs in anti-piracy actions (mainly TV show distributors and music outfits including Sony Music Entertainment and Universal Music). They describe the court process and system overall as lacking.

“The court does not conduct a ‘triple test’ and ignores the position, rights and interests of respondents and third parties. It does not check the availability of illegal information on sites and appeals against decisions of the Moscow City Court do not bring any results,” the researchers write.

“Furthermore, the cancellation of the unlimited blocking of a site is simply impossible and in respect of hosting providers and security services, those web services are charged with all the legal costs of the case.”

The main reason behind this situation is that ‘pirate’ site operators rarely (if ever) turn up to defend themselves. If at some point they are found liable for infringement under the Criminal Code, they can be liable for up to six years in prison, hardly an incentive to enter into a copyright process voluntarily. As a result, hosts and other providers act as respondents.

This means that these third-party companies appear as defendants in the majority of cases, a position they find both “unfair and illogical.” They’re also said to be confused about how they are supposed to fulfill the blocking demands placed upon them by the Court.

“About 90% of court cases take place without the involvement of the site owner, since the requirements are imposed on the hosting provider, who is not responsible for the content of the site,” the report says.

Nevertheless, hosts and other providers have been ordered to block huge numbers of pirate sites.

According to the researchers, the total has now gone beyond 4,000 domains, but the knock on effect is much more expansive. Due to the legal requirement to block sites by both IP address and other means, third-party sites with shared IP addresses get caught up as collateral damage. The report states that more than 41,000 innocent sites have been blocked as the result of supposedly targeted court orders.

But with collateral damage mounting, the main issue as far as copyright holders are concerned is whether piracy is decreasing as a result. The report draws few conclusions on that front but notes that blocks are a blunt instrument. While they may succeed in stopping some people from accessing ‘pirate’ domains, the underlying infringement carries on regardless.

“Blocks create restrictions only for Internet users who are denied access to sites, but do not lead to the removal of illegal information or prevent intellectual property violations,” the researchers add.

With no sign of the system being overhauled to tackle the issues raised in the study (pdf, Russian), Russia is now set to introduce yet new anti-piracy measures.

As recently reported, new laws requiring search engines to remove listings for ‘pirate’ mirror sites comes into effect October 1. Exactly a month later on November 1, VPNs and anonymization tools will have to be removed too, if they fail to meet the standards required under state regulation.

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