Tag Archives: Bell Canada

MPAA Chief Says Fighting Piracy Remains “Top Priority”

Post Syndicated from Andy original https://torrentfreak.com/mpaa-chief-says-fighting-piracy-remains-top-priority-180425/

After several high-profile years at the helm of the movie industry’s most powerful lobbying group, last year saw the departure of Chris Dodd from the role of Chairman and CEO at the MPAA.

The former Senator, who earned more than $3.5m a year championing the causes of the major Hollywood studios since 2011, was immediately replaced by another political heavyweight.

Charles Rivkin, who took up his new role September 5, 2017, previously served as Assistant Secretary of State for Economic and Business Affairs in the Obama administration. With an underperforming domestic box office year behind him fortunately overshadowed by massive successes globally, this week he spoke before US movie exhibitors for the first time at CinemaCon in Las Vegas.

“Globally, we hit a record high of $40.6 billion at the box office. Domestically, our $11.1 billion box office was slightly down from the 2016 record. But it exactly matched the previous high from 2015. And it was the second highest total in the past decade,” Rivkin said.

“But it exactly matched the previous high from 2015. And it was the second highest total in the past decade.”

Rivkin, who spent time as President and CEO of The Jim Henson Company, told those in attendance that he shares a deep passion for the movie industry and looks forward optimistically to the future, a future in which content is secured from those who intend on sharing it for free.

“Making sure our creative works are valued and protected is one of the most important things we can do to keep that industry heartbeat strong. At the Henson Company, and WildBrain, I learned just how much intellectual property affects everyone. Our entire business model depended on our ability to license Kermit the Frog, Miss Piggy, and the Muppets and distribute them across the globe,” Rivkin said.

“I understand, on a visceral level, how important copyright is to any creative business and in particular our country’s small and medium enterprises – which are the backbone of the American economy. As Chairman and CEO of the MPAA, I guarantee you that fighting piracy in all forms remains our top priority.”

That tackling piracy is high on the MPAA’s agenda won’t comes as a surprise but at least in terms of the numbers of headlines plastered over the media, high-profile anti-piracy action has been somewhat lacking in recent years.

With lawsuits against torrent sites seemingly a thing of the past and a faltering Megaupload case that will conclude who-knows-when, the MPAA has taken a broader view, seeking partnerships with sometimes rival content creators and distributors, each with a shared desire to curtail illicit media.

“One of the ways that we’re already doing that is through the Alliance for Creativity and Entertainment – or ACE as we call it,” Rivkin said.

“This is a coalition of 30 leading global content creators, including the MPAA’s six member studios as well as Netflix, and Amazon. We work together as a powerful team to ensure our stories are seen as they were intended to be, and that their creators are rewarded for their hard work.”

Announced in June 2017, ACE has become a united anti-piracy powerhouse for a huge range of entertainment industry groups, encompassing the likes of CBS, HBO, BBC, Sky, Bell Canada, CBS, Hulu, Lionsgate, Foxtel and Village Roadshow, to name a few.

The coalition was announced by former MPAA Chief Chris Dodd and now, with serious financial input from all companies involved, appears to be picking its fights carefully, focusing on the growing problem of streaming piracy centered around misuse of Kodi and similar platforms.

From threatening relatively small-time producers and distributors of third-party addons and builds (1,2,3), ACE is also attempting to make its mark among the profiteers.

The group now has several lawsuits underway in the United States against people selling piracy-enabled IPTV boxes including Tickbox, Dragon Box, and during the last week, Set TV.

With these important cases pending, Rivkin offered assurances that his organization remains committed to anti-piracy enforcement and he thanked exhibitors for their efforts to prevent people quickly running away with copies of the latest releases.

“I am grateful to all of you for recognizing what is at stake, and for working with us to protect creativity, such as fighting the use of illegal camcorders in theaters,” he said.

“Protecting our creativity isn’t only a fundamental right. It’s an economic necessity, for us and all creative economies. Film and television are among the most valuable – and most impactful – exports we have.

Thus far at least, Rivkin has a noticeably less aggressive tone on piracy than his predecessor Chris Dodd but it’s unlikely that will be mistaken for weakness among pirates, nor should it. The MPAA isn’t known for going soft on pirates and it certainly won’t be changing course anytime soon.

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

TVAddons Suffers Big Setback as Court Completely Overturns Earlier Ruling

Post Syndicated from Andy original https://torrentfreak.com/tvaddons-suffers-big-setback-as-court-completely-overturns-earlier-ruling-180221/

On June 2, 2017 a group of Canadian telecoms giants including Bell Canada, Bell ExpressVu, Bell Media, Videotron, Groupe TVA, Rogers Communications and Rogers Media, filed a complaint in Federal Court against Montreal resident, Adam Lackman.

Better known as the man behind Kodi addon repository TVAddons, Lackman was painted as a serial infringer in the complaint. The telecoms companies said that, without gaining permission from rightsholders, Lackman communicated copyrighted TV shows including Game of Thrones, Prison Break, The Big Bang Theory, America’s Got Talent, Keeping Up With The Kardashians and dozens more, by developing, hosting, distributing and promoting infringing Kodi add-ons.

To limit the harm allegedly caused by TVAddons, the complaint demanded interim, interlocutory, and permanent injunctions restraining Lackman from developing, promoting or distributing any of the allegedly infringing add-ons or software. On top, the plaintiffs requested punitive and exemplary damages, plus costs.

On June 9, 2017 the Federal Court handed down a time-limited interim injunction against Lackman ex parte, without Lackman being able to mount a defense. Bailiffs took control of TVAddons’ domains but the most controversial move was the granting of an Anton Piller order, a civil search warrant which granted the plaintiffs no-notice permission to enter Lackman’s premises to secure evidence before it could be tampered with.

The order was executed June 12, 2017, with Lackman’s home subjected to a lengthy search during which the Canadian was reportedly refused his right to remain silent. Non-cooperation with an Anton Piller order can amount to a contempt of court, he was told.

With the situation seemingly spinning out of Lackman’s control, unexpected support came from the Honourable B. Richard Bell during a subsequent June 29, 2017 Federal Court hearing to consider the execution of the Anton Piller order.

The Judge said that Lackman had been subjected to a search “without any of the protections normally afforded to litigants in such circumstances” and took exception to the fact that the plaintiffs had ordered Lackman to spill the beans on other individuals in the Kodi addon community. He described this as a hunt for further evidence, not the task of preserving evidence it should’ve been.

Justice Bell concluded by ruling that while the prima facie case against Lackman may have appeared strong before the judge who heard the matter ex parte, the subsequent adversarial hearing undermined it, to the point that it no longer met the threshold.

As a result of these failings, Judge Bell vacated the Anton Piller order and dismissed the application for interlocutory injunction.

While this was an early victory for Lackman and TVAddons, the plaintiffs took the decision to an appeal which was heard November 29, 2017. Determined by a three-judge panel and signed by Justice Yves de Montigny, the decision was handed down Tuesday and it effectively turns the earlier ruling upside down.

The appeal had two matters to consider: whether Justice Bell made errors when he vacated the Anton Piller order, and whether he made errors when he dismissed the application for an interlocutory injunction. In short, the panel found that he did.

In a 27-page ruling, the first key issue concerns Justice Bell’s understanding of the nature of both Lackman and TVAddons.

The telecoms companies complained that the Judge got it wrong when he characterized Lackman as a software developer who came up with add-ons that permit users to access material “that is for the most part not infringing on the rights” of the telecoms companies.

The companies also challenged the Judge’s finding that the infringing add-ons offered by the site represented “just over 1%” of all the add-ons developed by Lackman.

“I agree with the [telecoms companies] that the Judge misapprehended the evidence and made palpable and overriding errors in his assessment of the strength of the appellants’ case,” Justice Yves de Montigny writes in the ruling.

“Nowhere did the appellants actually state that only a tiny proportion of the add-ons found on the respondent’s website are infringing add-ons.”

The confusion appears to have arisen from the fact that while TVAddons offered 1,500 add-ons in total, the heavily discussed ‘featured’ addon category on the site contained just 22 add-ons, 16 of which were considered to be infringing according to the original complaint. So, it was 16 add-ons out of 22 being discussed, not 16 add-ons out of a possible 1,500.

“[Justice Bell] therefore clearly misapprehended the evidence in this regard by concluding that just over 1% of the add-ons were purportedly infringing,” the appeals Judge adds.

After gaining traction with Justice Bell in the previous hearing, Lackman’s assertion that his add-ons were akin to a “mini Google” was fiercely contested by the telecoms companies. They also fell flat before the appeal hearing.

Justice de Montigny says that Justice Bell “had been swayed” when Lackman’s expert replicated the discovery of infringing content using Google but had failed to grasp the important differences between a general search engine and a dedicated Kodi add-on.

“While Google is an indiscriminate search engine that returns results based on relevance, as determined by an algorithm, infringing add-ons target predetermined infringing content in a manner that is user-friendly and reliable,” the Judge writes.

“The fact that a search result using an add-on can be replicated with Google is of little consequence. The content will always be found using Google or any other Internet search engine because they search the entire universe of all publicly available information. Using addons, however, takes one to the infringing content much more directly, effortlessly and safely.”

With this in mind, Justice de Montigny says there is a “strong prima facie case” that Lackman, by hosting and distributing infringing add-ons, made the telecoms companies’ content available to the public “at a time of their choosing”, thereby infringing paragraph 2.4(1.1) and section 27 of the Copyright Act.

On TVAddons itself, the Judge said that the platform is “clearly designed” to facilitate access to infringing material since it targets “those who want to circumvent the legal means of watching television programs and the related costs.”

Turning to Lackman, the Judge said he could not claim to have no knowledge of the infringing content delivered by the add-ons distributed on this site, since they were purposefully curated prior to distribution.

“The respondent cannot credibly assert that his participation is content neutral and that he was not negligent in failing to investigate, since at a minimum he selects and organizes the add-ons that find their way onto his website,” the Judge notes.

In a further setback, the Judge draws clear parallels with another case before the Canadian courts involving pre-loaded ‘pirate’ set-top boxes. Justice de Montigny says that TVAddons itself bears “many similarities” with those devices that are already subjected to an interlocutory injunction in Canada.

“The service offered by the respondent through the TVAddons website is no different from the service offered through the set-top boxes. The means through which access is provided to infringing content is different (one relied on hardware while the other relied on a website), but they both provided unauthorized access to copyrighted material without authorization of the copyright owners,” the Judge finds.

Continuing, the Judge makes some pointed remarks concerning the execution of the Anton Piller order. In short, he found little wrong with the way things went ahead and also contradicted some of the claims and beliefs circulated in the earlier hearing.

Citing the affidavit of an independent solicitor who monitored the order’s execution, the Judge said that the order was explained to Lackman in plain language and he was informed of his right to remain silent. He was also told that he could refuse to answer questions other than those specified in the order.

The Judge said that Lackman was allowed to have counsel present, “with whom he consulted throughout the execution of the order.” There was nothing, the Judge said, that amounted to the “interrogation” alluded to in the earlier hearing.

Justice de Montigny also criticized Justice Bell for failing to take into account that Lackman “attempted to conceal crucial evidence and lied to the independent supervising solicitor regarding the whereabouts of that evidence.”

Much was previously made of Lackman apparently being forced to hand over personal details of third-parties associated directly or indirectly with TVAddons. The Judge clarifies what happened in his ruling.

“A list of names was put to the respondent by the plaintiffs’ solicitors, but it was apparently done to expedite the questioning process. In any event, the respondent did not provide material information on the majority of the aliases put to him,” the Judge reveals.

But while not handing over evidence on third-parties will paint Lackman in a better light with concerned elements of the add-on community, the Judge was quick to bring up the Canadian’s history and criticized Justice Bell for not taking it into account when he vacated the Anton Piller order.

“[T]he respondent admitted that he was involved in piracy of satellite television signals when he was younger, and there is evidence that he was involved in the configuration and sale of ‘jailbroken’ Apple TV set-top boxes,” Justice de Montigny writes.

“When juxtaposed to the respondent’s attempt to conceal relevant evidence during the execution of the Anton Piller order, that contextual evidence adds credence to the appellants’ concern that the evidence could disappear without a comprehensive order.”

Dismissing Justice Bell’s findings as “fatally flawed”, Justice de Montigny allowed the appeal of the telecoms companies, set aside the order of June 29, 2017, declared the Anton Piller order and interim injunctions legal, and granted an interlocutory injunction to remain valid until the conclusion of the case in Federal Court. The telecoms companies were also awarded costs of CAD$50,000.

It’s worth noting that despite all the detail provided up to now, the case hasn’t yet got to the stage where the Court has tested any of the claims put forward by the telecoms companies. Everything reported to date is pre-trial and has been taken at face value.

TorrentFreak spoke with Adam Lackman but since he hadn’t yet had the opportunity to discuss the matter with his lawyers, he declined to comment further on the record. There is a statement on the TVAddons website which gives his position on the story so far.

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

‘Pirate’ Kodi Addon Devs & Distributors Told to Cease-and-Desist

Post Syndicated from Andy original https://torrentfreak.com/pirate-kodi-addon-devs-distributors-told-to-cease-and-desist-180214/

Last November, following a year of upheaval for third-party addon creators and distributors, yet more turmoil hit the community in the form of threats from the world’s most powerful anti-piracy coalition – the Alliance for Creativity and Entertainment (ACE).

Comprised of 30 companies including the studios of the MPAA, Amazon, Netflix, CBS, HBO, BBC, Sky, Bell Canada, CBS, Hulu, Lionsgate, Foxtel, Village Roadshow, and many more, ACE warned several developers to shut down – or else.

The letter: shut down – or else

Now it appears that ACE is on the warpath again, this time targeting a broader range of individuals involved in the Kodi addon scene, from developers and distributors to those involved in the production of how-to videos on YouTube.

The first report of action came from TVAddons, who noted that the lead developer at the Noobs and Nerds repository had been targeted with a cease-and-desist notice, adding that people from the site had been “visited at their homes.”

As seen in the image below, the Noobs and Nerds website is currently down. The site’s Twitter account has also been disabled.

Noobs and Nerds – gone

While TVAddons couldn’t precisely confirm the source of the threat, information gathered from individuals involved in the addon scene all point to the involvement of ACE.

In particular, a man known online as Teverz, who develops his own builds, runs a repo, and creates Kodi-themed YouTube videos, confirmed that ACE had been in touch.

An apparently unconcerned Teverz….

“I am not a dev so they really don’t scare me lmao,” he added.

Teverz claims to be from Canada and it appears that others in the country are also facing cease and desist notices. An individual known as Doggmatic, who also identifies as Canadian and has Kodi builds under his belt, says he too was targeted.

Another target in Canada

Doggmatic, who appears to be part of the Illuminati repo, says he had someone call the people who sent the cease-and-desist but like Teverz, he doesn’t seem overly concerned, at least for now.

“I have a legal representative calling them. The letters they sent aren’t legal documents. No lawyer signed them and no law firm mentioned,” Doggmatic said.

But the threats don’t stop there. Blamo, the developer of the Neptune Rising addon accessible from the Blamo repo, also claims to have been threatened.

SpinzTV, who offers unofficial Kodi builds and an associated repository, is also under the spotlight. Unlike his Canadian counterparts, he has already thrown in the towel, according to a short announcement on Twitter.

For SpinzTV it’s all over…

TorrentFreak contacted the Alliance for Creativity and Entertainment, asking them if they could confirm the actions and provide any additional details. At the time of publication they had no information for us but we’ll update if and when that comes in.

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

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.

TVAddons Decimated Without Trial, Here’s a View of the Damage

Post Syndicated from Andy original https://torrentfreak.com/tvaddons-decimated-without-trial-heres-a-view-of-the-damage-170820/

On June 2, a collection of Canadian telecoms giants including Bell Canada, Bell ExpressVu, Bell Media, Videotron, Groupe TVA, Rogers Communications and Rogers Media, filed a complaint in Federal Court against Montreal resident Adam Lackman, the man behind TVAddons.

They claimed that by developing, hosting, distributing or promoting Kodi add-ons, Lackman infringed their copyrights.

On June 9 the Federal Court handed down an interim injunction against Lackman which restrained him from various activities in respect of TVAddons. The process took place ex parte, meaning in secret, without Lackman being able to mount a defense.

The plaintiffs were also granted an Anton Piller order, a civil search warrant that granted access to Lackman’s premises and allowed him to be interrogated.

As previously reported, the plaintiffs abused the process and only later did a court recognize that the search was designed as both a fishing exercise and a means to take down TVAddons, in advance of any trial on the merits of the case.

In the meantime, with the process grinding through an early appeal, the plaintiffs’ aim of destroying TVAddons has been at least partially achieved. After prolonged downtime, Lackman recently brought the site back under a new URL, TVAddons.co. However, he informs TF that serious damage has been done to a project that previously enjoyed great momentum.

“Google is the most popular site on the internet. If Google was down for a day, you’d check back tomorrow. If it was down for a week, you’d check back a week later. If it was down for a month, maybe you’d try once in a while,” Lackman says.

“However, if Google was down for more than six months, would you return in a year from now? Probably not. And that’s Google, not a small community site like TVAddons.”

Some people are coming back to the site now, but in nowhere near the volumes it previously enjoyed. Here’s a traffic analysis for a typical day at TVAddons.ag before the takedown.

TVAddons.ag daily traffic, before the takedown

And here is how the traffic for TVAddons.co looked a few days ago, a little two weeks after its revival and ten weeks after the initial takedown.

Part of the problem is not being able to get in touch with former users. In addition to taking control of TVAddons’ domains, the legal process also deprived the site of its social media accounts.

For example, TVAddons’ original Twitter account is now dormant. It still has 141K followers but with its passwords in the hands of lawyers, Lackman has been forced to open a new account, TVAddonsco. However, he’s only been able to attract just over 8,000 followers.

Facebook tells a similar story. With no access to the old account (which had 174,229 likes), the new account facebook.com/tvaddonsco is stalling at around 1,600. The situations on YouTube and Instagram are just as bleak.

“They’ve completely muzzled us, there was never anything questionable on our social media, seizing it without actually winning a lawsuit against us is nothing less than censorship,” Lackman says.

“Since we never required user registration, we don’t have the ability to reach the majority of our users without having access to our old social media accounts and notification system, which doesn’t work without our domain name being active.”

Also seized were TVaddons’ Feedburner account, which was used to manage the site’s 100,000 RSS feed subscribers.

“It was in the same account as Google+ and YouTube so we lost that too. We could have easily used it to forward our RSS feed and keep all the subscribers otherwise,” Lackman adds.

This has left TVAddons having to do its best to spread the details of its new locations via social media and a contest that has thus far gained more than 87,000 entries and may be helping things along.

While it’s now common knowledge that many TVAddons-related domains and accounts were seized following the search, Lackman now reveals that other non-connected projects were affected too. Included were the social media pages of several unrelated businesses, the domain name of a hosting website that was around seven years old, and an entirely legal “cord-cutting” information resource.

“Since the cord-cutting phenomenon conflicts with their business interests, seizing that specific social media page effectively destroyed their direct competition,” Lackman says.

“The plaintiffs are trying to destroy their competition rather than innovating. TVAddons provided a lot of legitimate competition for them in terms of content for cordcutters, they’re trying to keep a grasp on the market at any cost.

“Their failure at innovating can be immediately demonstrated by the fact that the NFL recently canceled all broadcast contracts with Canadian TV operators, in favor of DAZN, a new legal sports streaming service that charges half the price they did, with way more content than their sports packages ever offered.”

But despite the setbacks, Lackman appears determined to continue not only with the resurrected TVAddons, but also the legal fight against the Canadian broadcasting giants intent on his destruction.

At the time of writing the site’s fundraiser has generated more than $27,000 in 15 days but TF understands that this might only be 5 to 10 percent of the final sum required when all bills are counted. It’s hoped that new methods of donating and assistance from friendly website operators might give the campaign an additional boost but in the meantime, Lackman is expressing gratitude for the efforts so far.

It’s hard to say whether TVAddons will once again reach the heights achieved at its peak but after taking years to build up a following, the odds are certainly stacked against it.

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

TVAddons Returns, But in Ugly War With Canadian Telcos Over Kodi Addons

Post Syndicated from Andy original https://torrentfreak.com/tvaddons-returns-ugly-war-canadian-telcos-kodi-addons-170801/

After Dish Network filed a lawsuit against TVAddons in Texas, several high-profile Kodi addons took the decision to shut down. Soon after, TVAddons itself went offline.

In the weeks that followed, several TVAddons-related domains were signed over (1,2) to a Canadian law firm, a mysterious situation that didn’t dovetail well with the US-based legal action.

TorrentFreak can now reveal that the shutdown of TVAddons had nothing to do with the US action and everything to do with a separate lawsuit filed in Canada.

The complaint against TVAddons

Two months ago on June 2, a collection of Canadian telecoms giants including Bell Canada, Bell ExpressVu, Bell Media, Videotron, Groupe TVA, Rogers Communications and Rogers Media, filed a complaint in Federal Court against Montreal resident, Adam Lackman, the man behind TVAddons.

The 18-page complaint details the plaintiffs’ case against Lackman, claiming that he communicated copyrighted TV shows including Game of Thrones, Prison Break, The Big Bang Theory, America’s Got Talent, Keeping Up With The Kardashians and dozens more, to the public in breach of copyright.

The key claim is that Lackman achieved this by developing, hosting, distributing or promoting Kodi add-ons.

Adam Lackman, the man behind TVAddons (@adam.lackman on Instagram)

A total of 18 major add-ons are detailed in the complaint including 1Channel, Exodus, Phoenix, Stream All The Sources, SportsDevil, cCloudTV and Alluc, to name a few. Also under the spotlight is the ‘FreeTelly’ custom Kodi build distributed by TVAddons alongside its Kodi configuration tool, Indigo.

“[The defendant] has made the [TV shows] available to the public by telecommunication in a way that allows members of the public to have access to them from a place and at a time individually chosen by them…consequently infringing the Plaintiffs’ copyright…in contravention of sections 2.4(1.1), 3(1)(f) and 27(1) of the Copyright Act,” the complaint reads.

The complaint alleges that Lackman “induced and/or authorized users” of the FreeTelly and Indigo tools to carry out infringement by his handling and promotion of infringing add-ons, including through TVAddons.ag and Offshoregit.com, in contravention of sections 3(1)(f) and 27(1) of the Copyright Act.

“Approximately 40 million unique users located around the world are actively using Infringing Addons hosted by TVAddons every month, and approximately 900,000 Canadian households use Infringing Add-ons to access television content. The amount of users of Infringing add-ons hosted TVAddons is constantly increasing,” the complaint adds.

To limit the harm allegedly caused by TVAddons, the complaint asked for interim, interlocutory, and permanent injunctions restraining Lackman and associates from developing, promoting or distributing any of the allegedly infringing add-ons or software. On top, the plaintiffs requested punitive and exemplary damages, plus costs.

The interim injunction and Anton Piller Order

Following the filing of the complaint, on June 9 the Federal Court handed down a time-limited interim injunction against Lackman which restrained him from various activities in respect of TVAddons. The process took place ex parte, meaning in secret, without Lackman being able to mount a defense.

The Court also authorized a bailiff and computer forensics experts to take control of Internet domains including TVAddons.ag and Offshoregit.com plus social media and hosting provider accounts for a period of 14 days. These were transferred to Daniel Drapeau at DrapeauLex, an independent court-appointed supervising counsel.

The order also contained an Anton Piller order, a civil search warrant that grants plaintiffs no-notice permission to enter a defendant’s premises in order to secure and copy evidence to support their case, before it can be destroyed or tampered with.

The order covered not only data related to the TVAddons platform, such as operating and financial details, revenues, and banking information, but everything in Lackman’s possession.

The Court ordered the telecoms companies to inform Lackman that the case against him is a civil proceeding and that he could deny entry to his property if he wished. However, that option would put him in breach of the order and would place him at risk of being fined or even imprisoned. Catch 22 springs to mind.

The Court did, however, put limits on the number of people that could be present during the execution of the Anton Piller order (ostensibly to avoid intimidation) and ordered the plaintiffs to deposit CAD$50,000 with the Court, in case the order was improperly executed. That decision would later prove an important one.

The search and interrogation of TVAddons’ operator

On June 12, the order was executed and Lackman’s premises were searched for more than 16 hours. For nine hours he was interrogated and effectively denied his right to remain silent since non-cooperation with an Anton Piller order amounts to contempt of court. The Court’s stated aim of not intimidating Lackman failed.

The TVAddons operator informs TorrentFreak that he heard a disturbance in the hallway outside and spotted several men hiding on the other side of the door. Fearing for his life, Lackman called the police and when they arrived he opened the door. At this point, the police were told by those in attendance to leave, despite Lackman’s protests.

Once inside, Lackman was told he had an hour to find a lawyer, but couldn’t use any electronic device to get one. Throughout the entire day, Lackman says he was reminded by the plaintiffs’ lawyer that he could be held in contempt of court and jailed, even though he was always cooperating.

“I had to sit there and not leave their sight. I was denied access to medication,” Lackman told TorrentFreak. “I had a doctor’s appointment I was forced to miss. I wasn’t even allowed to call and cancel.”

In papers later filed with the court by Lackman’s team, the Anton Piller order was described as a “bombe atomique” since TVAddons had never been served with so much as a copyright takedown notice in advance of this action.

The Anton Piller controversy

Anton Piller orders are only valid when passing a three-step test: when there is a strong prima facie case against the respondent, the damage – potential or actual – is serious for the applicant, and when there is a real possibility that evidence could be destroyed.

For Bell Canada, Bell ExpressVu, Bell Media, Videotron, Groupe TVA, Rogers Communications and Rogers Media, serious problems emerged on at least two of these points after the execution of the order.

For example, TVAddons carried more than 1,500 add-ons yet only 1% of those add-ons were considered to be infringing, a tiny number in the overall picture. Then there was the not insignificant problem with the exchange that took place during the hearing to obtain the order, during which Lackman was not present.

Clearly, the securing of existing evidence wasn’t the number one priority.

Plaintiffs: We want to destroy TVAddons

And the problems continued.

No right to remain silent, no right to consult a lawyer

The Anton Piller search should have been carried out between 8am and 8pm but actually carried on until midnight. As previously mentioned, Adam Lackman was effectively denied his right to remain silent and was forbidden from getting advice from his lawyer.

None of this sat well with the Honourable B. Richard Bell during a subsequent Federal Court hearing to consider the execution of the Anton Piller order.

“It is important to note that the Defendant was not permitted to refuse to answer questions under fear of contempt proceedings, and his counsel was not permitted to clarify the answers to questions. I conclude unhesitatingly that the Defendant was subjected to an examination for discovery without any of the protections normally afforded to litigants in such circumstances,” the Judge said.

“Here, I would add that the ‘questions’ were not really questions at all. They took the form of orders or directions. For example, the Defendant was told to ‘provide to the bailiff’ or ‘disclose to the Plaintiffs’ solicitors’.”

Evidence preservation? More like a fishing trip

But shockingly, the interrogation of Lackman went much, much further. TorrentFreak understands that the TVAddons operator was given a list of 30 names of people that might be operating sites or services similar to TVAddons. He was then ordered to provide all of the information he had on those individuals.

Of course, people tend to guard their online identities so it’s possible that the information provided by Lackman will be of limited use, but Judge Bell was not happy that the Anton Piller order was abused by the plaintiffs in this way.

“I conclude that those questions, posed by Plaintiffs’ counsel, were solely made in furtherance of their investigation and constituted a hunt for further evidence, as opposed to the preservation of then existing evidence,” he wrote in a June 29 order.

But he was only just getting started.

Plaintiffs unlawfully tried to destroy TVAddons before trial

The Judge went on to note that from their own mouths, the Anton Piller order was purposely designed by the plaintiffs to completely shut down TVAddons, despite the fact that only a tiny proportion of the add-ons available on the site were allegedly used to infringe copyright.

“I am of the view that [the order’s] true purpose was to destroy the livelihood of the Defendant, deny him the financial resources to finance a defense to the claim made against him, and to provide an opportunity for discovery of the Defendant in circumstances where none of the procedural safeguards of our civil justice system could be engaged,” Judge Bell wrote.

As noted, plaintiffs must also have a “strong prima facie case” to obtain an Anton Piller order but Judge Bell says he’s not convinced that one exists. Instead, he praised the “forthright manner” of Lackman, who successfully compared the ability of Kodi addons to find content in the same way as Google search can.

So why the big turn around?

Judge Bell said that while the prima facie case may have appeared strong before the judge who heard the matter ex parte (without Lackman being present to defend himself), the subsequent adversarial hearing undermined it, to the point that it no longer met the threshold.

As a result of these failings, Judge Bell declared the Anton Piller order unlawful. Things didn’t improve for the plaintiffs on the injunction front either.

The Judge said that he believes that Lackman has “an arguable case” that he is not violating the Copyright Act by merely providing addons and that TVAddons is his only source of income. So, if an injunction to close the site was granted, the litigation would effectively be over, since the plaintiffs already admitted that their aim was to neutralize the platform.

If the platform was neutralized, Lackman could no longer earn money from the site, which would harm his ability to mount a defense.

“In considering the balance of convenience, I also repeat that the plaintiffs admit that the vast majority of add-ons are non-infringing. Whether the remaining approximately 1% are infringing is very much up for debate. For these reasons, I find the balance of convenience favors the defendant, and no interlocutory injunction will be issued,” the Judge declared.

With the Anton Piller order declared unlawful and no interlocutory injunction (one effective until the final determination of the case) handed down, things were about to get worse for the telecoms companies.

They had paid CAD$50,000 to the court in security in case things went wrong with the Anton Piller order, so TVAddons was entitled to compensation from that amount. That would be helpful, since at this point TVAddons had already run up CAD$75,000 in legal expenses.

On top, the Judge told independent counsel to give everything seized during the Anton Piller search back to Lackman.

The order to return items previously seized

But things were far from over. Within days, the telecoms companies took the decision to the Court of Appeal, asking for a stay of execution (a delay in carrying out a court order) to retain possession of items seized, including physical property, domains, and social media accounts.

Mid-July the appeal was granted and certain confidentiality clauses affecting independent counsel (including Daniel Drapeau, who holds the TVAddons’ domains) were ordered to be continued. However, considering the problems with the execution of the Anton Piller order, Bell Canada, TVA, Videotron and Rogers et al, were ordered to submit an additional security bond of CAD$140,000, on top of the CAD$50,000 already deposited.

So the battle continues, and continue it will

Speaking with TorrentFreak, Adam Lackman says that he has no choice but to fight the telcoms companies since not doing so would result in a loss by default judgment. Interestingly, both he and one of the judges involved in the case thus far believe he has an arguable case.

Lackman says that his activities are protected under the Canadian Copyright Act, specifically subparagraph 2.4(1)(b) which states as follows:

A person whose only act in respect of the communication of a work or other subject-matter to the public consists of providing the means of telecommunication necessary for another person to so communicate the work or other subject-matter does not communicate that work or other subject-matter to the public;

Of course, finding out whether that’s indeed the case will be a costly endeavor.

“It all comes down to whether we will have the financial resources necessary to mount our defense and go to trial. We won’t have ad revenue coming in, since losing our domain names means that we’ll lose the majority of our traffic for quite some time into the future,” Lackman told TF in a statement.

“We’re hoping that others will be as concerned as us about big companies manipulating the law in order to shut down what they see as competition. We desperately need help in financially supporting our legal defense, we cannot do it alone.

“We’ve run up a legal bill of over $100,000 to date. We’re David, and they are four Goliaths with practically unlimited resources. If we lose, it will mean that new case law is made, case law that could mean increased censorship of the internet.”

In the hope of getting support, TVAddons has launched a fundraiser campaign and in the meantime, a new version of the site is back on a new domain, TVAddons.co.

Given TVAddons’ line of defense, the nature of both the platform and Kodi addons, and the fact that there has already been a serious abuse of process during evidence preservation, this is now one of the most interesting and potentially influential copyright cases underway anywhere today.

TVAddons is being represented by Éva Richard , Hilal Ayoubi and Karim Renno in Canada, plus Erin Russell and Jason Sweet in the United States.

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

Several TVAddons Domains Transferred to Canadian Lawfirm

Post Syndicated from Andy original https://torrentfreak.com/several-tvaddons-domains-transferred-to-canadian-lawfirm-170718/

The last couple of months have been the most chaotic on record for the booming Kodi third-party addon scene. After years of largely interrupted service, a single lawsuit changed the entire landscape.

Last month, TF broke the news that third-party Kodi add-on ZemTV and the TVAddons library were being sued in a federal court in Texas. The fallout was something to behold.

Within days the ‘pirate’ Kodi community found itself in turmoil. Several high-profile Kodi addons took the decision to shut down and even TVAddons itself went dark without explanation.

At the time, unsubstantiated rumors suggested that TVAddons’ disappearance could be attributed to some coincidental site maintenance. However, with around 40 million regular users built up over a number of years, a disappearing Facebook page, and complete radio silence during alleged “routine maintenance,” something was clearly wrong.

It would’ve taken just a couple of minutes to put a ‘maintenance’ notice on the site but one didn’t appear back in June, and one hasn’t appeared since. Behind the scenes,
however, things have been shifting.

In addition to wiping the DNS entries of TVAddons.ag, on at least another couple of occasions the domain has been quietly updated. The image below shows how it used to look.

TVAddons historical domain WHOIS

PrivacyDotLink refers to a service offered by Cayman Islands-based registry Uniregistry. Instead of displaying the real name and address of the domain owner (in this case the person behind TVAddons.ag), the registry replaces the information with details of its own.

The privacy service is used for many reasons, but it’s not hard to see why it’s of particular use to sites in the ‘pirate’ sector.

While some of the changes to the TVAddons domain during the past five weeks or so haven’t been obvious, this morning we observed the biggest change yet. As seen in the image below, its ownership details are no longer obscured by the privacy service.

TVAddons new domain WHOIS

What stands out here is the name Daniel Drapeau. On closer inspection, this gentleman turns out to be a Canada-based lawyer who was admitted to the Quebec Bar in 1991.

“A passion for IP and a 20 year track record, servicing corporations and individuals alike in a wide variety of industries, including industrial equipment, consumer products, publishing, food & beverage, fashion and arts,” Drapeau’s Linkedin page reads.

“His forte is the strategic use of IP rights and litigation to achieve his clients’ goals, whether they be protective, aggressive or defensive. Specialties: Expeditive remedies, including injunctions and seizure orders.”

The other fresh detail in the WHOIS is an address – 600, de Maisonneuve West, Montreal (Quebec) H3A 3J2. It’s a perfect match for the premises of DrapeauLex, a law firm launched by Drapeau in 2012.

Only adding to the intrigue is the fact that other domains operated by TVAddons both recently and historically have also been transferred to the lawfirm.

XMBCHUB.com, which was the domain used by TVAddons before making the switch several years ago, was transferred yesterday. The same can be said about Offshoregit.com, the domain used by TVAddons to distribute Kodi addons.

While there are a few explanations for a lawyer’s name appearing on the TVAddons domains, none of them are yet supported by legal documentation filed in the United States. As of this morning, the Dish Network case docket had received no additional updates. No notice of action in Canada has been made public.

Nevertheless, as a past president of the Intellectual Property Institute of Canada’s anti-counterfeiting committee, Drapeau is certainly an interesting character in the IP space. As noted in a 2009 article by Professor of Law Michael Geist, Drapeau “urged the government to adopt a system of notice-and-takedown.”

Interestingly, Drapeau also worked at law firm Smart & Biggar, where former colleague Jean-Sébastien Dupont recently went on to represent Canadian broadcasters in Wesley (Mtlfreetv.com) v. Bell Canada, the big Kodi-addon piracy case currently underway in Canada.

At this stage, it’s unclear who Drapeau is working for in the TVAddons case. It’s possible that he’s working for Dish and this is a step towards the domains being handed over to the broadcaster as part of a settlement deal with TVAddons. That being said, the XBMChub and Offshoregit domains weren’t mentioned in the Dish lawsuit so something else might be underway.

TorrentFreak reached out to Drapeau for comment and clarification, but at the time of publication, we had received no response.

Dan Drapeau talks Intellectual Property from DrapeauLex on Vimeo.

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